Torts [EQUITABLE] Remedies

Question 1

Tort [Equitable] Remedies: Injunctive Relief - Temporary Restraining Order

Answer 1

Temporary Restraining Order: To obtain a temporary restraining order, a party must show (1) that they will suffer irreparable injury while waiting for a full trial on the merits, (2) that they are likely to succeed on the merits, (3) inadequate legal remedy, (4) balancing the hardships, and (5) no defenses.

Question 2

Tort [Equitable] Remedies: Injunctive Relief - Preliminary Injunction

Answer 2

Preliminary Injunction: The same elements are required for a preliminary injunction as a TRO; however, notice is required for a preliminary injunction.

Question 3

Tort [Equitable] Remedies: Injunctive Relief - Permanent Injunction

Answer 3

Permanent Injunction: To obtain a permanent injunction, a plaintiff must show that (1) there are inadequate legal remedies available, (2) enforcement of the injunction is feasible, (3) the balancing of the hardships favor the plaintiff, and (4) that there are no applicable defenses.