Injunctions Flashcards
1
Q
Injunction: What is it?
A
A court order directing the defendant to do or refrain from doing a particular thing.
2
Q
Injunction: What type of relief is it?
A
An injunction is an equitable relief.
3
Q
Damages: What type of relief is it?
A
Damages are a legal relief.
4
Q
Injunction: 3 types?
A
Temporary Restraining Order (TRO)
Preliminary Injunctions (getting someone to stop doing something).
Permanent Injunctions (issued after the trial).
5
Q
Injunction: How are they enforced?
A
Placing people in contempt.
6
Q
Injunction: 3 Primary Functions?
A
1) Preventative (most common)
2) Reparative (Restorative)
3) Structural
7
Q
Injunction: Point of a preventative injunction?
A
Maintains someone at their rightful position.
Needs to be filed in court before the harm occurs.
Look to ripeness and mootness.
8
Q
Injunction: What to watch out for with Reparative injunctions?
A
Watch out for double recovery. Reparative injunctions can be preventative as well.
9
Q
Injunction: Structural Injunctions Generally:
A
Injunctions which are preventive and reparative.
Usually a court order for broad issues.
Institutional structure, reforming an institutional structure.
Separation of Powers Issue (judges doing more than they should)
10
Q
Injunction are NOT __________ __________ ___________.
A
secondary enforcement methods
11
Q
Injunctions: How to view Ripeness?
A
Has a wrong already occurred or is it too early?
More abrasive or outrageous past violation show a propensity for them happening again.
12
Q
Injunctions: How to view Mootness?
A
Is the injunction going to have any real effect?
Need good evidence there will be a harm to get an injunction.
13
Q
What is the supreme court’s view on injunctions?
A
The Supreme Court has not said whether they support or oppose nationwide injunctions.
14
Q
Injunction: what is a Prophylactic Injunction?
A
A preventative injunction that enjoins legal conduct, or mandates conduct that is not legally required.
15
Q
Injunction: In Pepsico v. Redmond why did the court issue a Prophylactic Injunction?
A
Pepsi convinced the court there was no way their former employee could do his new job without relying on decisions he made while working for Pepsi.
16
Q
Injunction: Reparative Injunction: What does it do?
A
Repairs past wrongs and also prevents future consequences.
17
Q
Injunction: Reparative Injunction: Is ripeness at issue?
A
No, because the wrong already occurred.
18
Q
Injunction: Reparative Injunction: Is timing an issue?
A
No, timing is not at issue in the same way it is with preventative injunctions, because the harm/wrong already occurred.
19
Q
Injunction: Reparative Injunction: Can there be a reparative injunction and compensatory damages?
A
No, this would be “double dipping.”
20
Q
Injunction: Reparative Injunction: Can reparative injunctions and punitive damages coexist?
A
Yes.
21
Q
Injunction: General rule about overlapping?
A
Typically, we do not want relief from the damages and relief from an injunction to overlap—that would be double recovery.
22
Q
Injunction: Structural Injunctions: Generally (2 things)
A
Both preventative and reparative.
Still needs to put plaintiffs in a rightful position, sometimes the court forms this into an issue of equity.
23
Q
Injunction: Requirements for Injunctive Relief: (2) Things
A
1) The plaintiff must prove Irreparable Injury
2) What are the burdens on the defendant?
24
Q
Injunction: Irreparable Injury: Why is this a requirement?
A
Historic: England had it.
Modern: Damages are simpler for the court to enact, but when there is an irreparable injury damages will always be inadequate.
25
Injunction: Irreparable Injury: List of Irreparable Harms:
(When Damages are inadequate)
Land
Unique/Non-replaceable personal property (heirlooms)
Any personal Injury
When damages are difficult to calculate (measure)
Control over how to run one's business.
Multiplicity of Suits
Intangible Harms
An insolvent defendant.
26
Injunction: Irreparable Injury: Land: General Rules
Damages are always inadequate when it comes to damage or destruction of land.
BUT, damages may be adequate for property damage or destruction when that property is substantially replaceable.
27
Injunction: Irreparable Injury: Land: What makes damages look adequate?
The closer a replacement present, the more damages look adequate.
Anything less than a basically identical replacement would be considered inadequate.
28
Injunction: Irreparable Injury: Land: Does leased land matter?
No, keep in mind the billboard example.
29
Injunction: Irreparable Injury: Unique/non-replaceable personal property: Generally
Can be heirlooms
OR it can be non-heirlooms which are difficult to replace. (Fancy carrot soup)
30
Injunction: Irreparable Injury: Any personal injury: Rule
Damages are never adequate for personal injury.
31
Injunction: Irreparable Injury: Multiplicity of Suits: What is it?
When a plaintiff would have to file many suits for the same issue)
(even stronger if the defendant threatened they will not stop)
32
Injunction: Irreparable Injury: Intangible Harms: Examples
Emotional Distress
Violations of Constitutional Rights
33
Injunction: Irreparable Injury: Insolvent defendant:
Punishes the poor (unfortunately)
Common irreparable harm.
34
Injunction: Irreparable Injury: How big does the harm have to be?
Any size irreparable harm is sufficient, no matter how big or small.
A tiny harm that is irreparable is still an irreparable harm.
35
Injunction: Burdens on the defendant: Rule:
Balance the hardships of the plaintiff if no injunction is ordered versus the hardships on the defendant if there is an injunction ordered.
36
Injunction: Burdens on the defendant: When would a court care more about the burdens of a defendant?
When the defendant is innocent.
37
Injunction: Burdens on the defendant: When is a court less sympathetic to a defendant?
If the defendant is culpable of some type of conduct.
38
Injunction: What can a plaintiff do if an injunction is not granted?
The plaintiff may still sue for damages.
39
Injunction: Burdens on the defendant: How would burdens be great on the defendants and the court?
A court may have to supervise an injunction for a long time (like what they will do for desegregation but not for a mall permit)
40
Injunction: Burdens on the defendant: Rule on constitutional rights?
A burden to a defendant's constitutional rights is also important.
Anytime an injunction would keep a defendant from speaking, that is probative evidence to an argument that the injunction is a great burden on the defendant.
(Think of the injunction violating a defendant's right to free speech).
41
5 ways injunctions are problematic?
Some injunctions go on for a long time and require judicial oversight.
Injunctions are a greater intrusion on a defendant's liberty.
Injunctions do not require a trial by jury (we hold this dear).
it is difficult to get the timing of an injunction right (think preventative injunctions)
Other options are available, like replevin relief (no need to jump through hoops).
42
Efficient Breach: What is it?
Consider the money you might make by breaching or not lose by breaching when compared with what will be spent on legal fees.
43
Temporary Restraining Order (TRO): What are they (4 things)
1) Issued before merits of the case are decided, and are limited by a time length (14 days in federal court)
2) TRO's not appealable
3) For a TRO to be granted there must be a need for immediate relief.
4) When looking at/asking for a TRO focus on the timeframes being asked for.
44
Permanent Injunction: When is it issued?
After a full trial on the merits.
45
Permanent Injunction: Traditional 4 factor test for permanent injunction:
1) plaintiff suffered irreparable injury. (same as 2)
2) Legal damages inadequate to compensate for the plaintiff's injury. (same as 1)
3) Balance the hardships of the plaintiff and the defendant.
4) Public interest would not be "disserved" by the permanent injunction.
46
Permanent Injunction: 4 factors: balance of the hardship: how to view:
Hardship to the plaintiff = irreparable injury without injunction.
Hardship to the defendant = hardship if the injunction is issued.
47
Preliminary Injunction: When is it issued?
Lasts while litigation is pending (when the suit is filed until the end of the trial on the merits)
Issued before the merits are fully decided.
48
Preliminary Injunction: How long can it last?
it could be years.
49
Preliminary Injunction: 4 Factor Test:
plaintiff must show they are:
1) Likely to succeed on the merits.
2) Likely to suffer irreparable harm if no prelim is granted.
3) Balance of the hardships to plaintiff if there is no prelim v. to the defendant if the prelim is granted.
4) Whether the prelim is within the public interest.
50
Preliminary Injunction: When should the 4 factors be examined?
All of the factors occur or should be examined within the timeframe "before the trial."
51
Preliminary Injunction: 4 factors: Rule on how it is a balancing test.
If the plaintiff makes a really strong showing on one of the factors, then the court is okay with a weaker showing of another factor.
Usually a strong showing with factors 1 and 2.
52
Factors for Prelims and TROs:
1. Likely to succeed on the merits.
2. Likely to suffer irreparable harm in the absence of preliminary relief.
3. Balance of equities tips in P’s favor (irreparable injury to P if no prelim vs. inquiry to D if prelim)
4. Preliminary injunctions serves the public interest.
53
Factors for Permanent Injunctions:
1. Plaintiff has suffered irreparable harm.
2. Legal remedies (damages) are inadequate.
3. Balancing the hardships. P without injunction v. D with injunction.
4. Services the public interest.
(we also know there is a liable Defendant—making the court less sympathetic)
54
What to think about when considering permanent and preliminary injunctions:
Same judge will decide the preliminary and the permanent injunction.
55
Biggest Issue with preliminary injunctions:
So much about the prelim is about the court being worried that it will erroneously give the injunction (because it is predicting the merits).
56
TRO v. Prelim: Timing:
TRO: If needed, filed w/ lawsuit. Limited time length (likely to cover time until hearing on prelim) Not appealable.
Prelim: Filed with lawsuit. Lasts while the litigation is pending (when suit filed until end of trial on merits).
57
TRO v. Prelim: Notice/Hearing:
TRO: Can be obtained w/out notice to other side. Hearing not required but is allowed.
Prelim: Notice to other side required. Hearing required (extent of hearing may vary).
58
Injunction Bonds: What is it?
A protection to the defendant for granting the plaintiff an erroneous prelim.
plaintiff must give a security for a prelim.
59
Injunction Bonds: Issue?
They discourage litigation (so the bonds can be waived).
Especially problematic for indigent plaintiff's and public interest plaintiff's.
60
Injunction Bonds: How much is recoverable when the injunction is erroneous?
Once a bond is in place that is the amount recoverable.
So, petition to increase if circumstances change.
61
Injunction Bonds: Rule: relief is limited by?
Relief for an erroneously issued prelim is limited to the amount of the bond.
62
What is a TRO granted without notice called?
An EX PARTE TRO.
63
Ex Parte TRO: Rules
Can only last 14 days.
Not appealable (usually)—this is a judge made rule.
64
TROs granted with notice: How long?
No specified time limit on how long they can last.
BUT, the Supreme Court has made these TROs into prelims if they last longer than 14 days.
65
TROs granted with notice: Rules
Technically, no 14 day requirement.
Not appealable (usually).
Sampson: TRO with notice lasting more than 14 days usually becomes an appealable prelim.
Granny Goose: TRO with notice lasting more than 14 days is an ineffective TRO and the person/entity cannot be held in contempt for violating.
66
Limited circumstances when TROs may be appealed (4 times):
TROs lasting more than 14 days (Sampson)
If the TRO disposes of the whole case.
If the TRO threatens to inflict an irreparable harm before the TRO expires.
If the TRO has qualities of a prelim (and it is an important case) [this is controversial].
67
Hearings for Injunctions (generally) (2 things):
If a hearing is held for a TRO, it is more likely to be valid.
Prelims require a hearing.
68
Weird note on timing for TROs:
There have been instances where when a hearing was held for a TRO, a prelim was granted before the end of the TRO based on the information and opinion of that initial hearing.
69
What must every order granting an injunction and every restraining order include (3 things):
1. State the reason why it is being issued.
2. State the terms of the injunction/order specifically.
3. Describe in reasonable detail—and not by referring to the complaint or other document—the act or its restrained or required.
70
What can happen if an injunction is drafted poorly?
It can become a basis for appeal of the injunction.
A defendant may not attack the substance of the injunction (that is should not have been issued) but it can attack for a lack of specificity.
71
A possible standard from the 1st Circuit on how to properly draft a decree (injunction):
Must simply be framed so that those enjoined will know what conduct the court has prohibited.
Elaborate detail is unnecessary.
But any ambiguities and omissions redound to the benefit of the person charged w/ contempt.
72
When are juries present for relief granted?
Injunctive relief usually has no jury.
Suing for damages usually always has a jury.
73
Chauffeurs local 2 part analysis to determine if a jury should be used:
1) Nature of issues involved; would the lawsuit have ben in equity court or law court? (not the type of lawsuit, but the type of issues present).
2) What remedy is being sought? (More important the #1) (damages likely to be a legal remedy).
74
When is a jury trial most usually going to be used for the relief asked?
When damages or specific performance are being requested, then a jury trial will likely be used.
75
No Equitable Clean-up doctrine: Rule from SCOTUS:
Before Beacon, if case had any equitable basis (properly filed in equity court), courts would decide all issues (even requests for legal relief like damages).
SCOTUS said no. SCOTUS said if case had both legal and equitable issues and proceedings, legal issues must be tried first to a jury. And then court decides equitable issues.
76
Relief pending Appeal: What would you want if you need an injunction bad and fast?
TRO
14 days of relief, with no appeal.
77
Relief pending Appeal: Once you get a TRO, what should be sought?
Seek a preliminary injunction.
It is appealable, but it runs the entire length of litigation.
78
Relief pending Appeal: Can permanent injunctions be appealed?
Yes, final judgements can always be appealed.
79
Relief pending Appeal: Can you request a stay?
yes, you can request a further stay on collection of damages after the automatic 30 days, and then try to appeal after the final judgement?
80
Relief pending Appeal: What do stays require?
Additional stays require a bond be posted, they will always be granted if the additional stay is properly requested and the bond is posted.
81
What does not have an automatic stay?
Injunctions pending appeal do not have an automatic stay.
For a stay on an injunction pending appeal, you must make a request.
82
Who to ask for an automatic stay (in order)?
First, ask the trial court first.
Then ask the appellate court.
Finally, ask the Supreme Court.
83
What are the 4 factors for granting relief pending appeal? (a stay)
1) Movant is likely to succeed on the merits.
2) Movant likely to suffer irreparable harm while the appeal is pending.
3) Balance the hardships (non-movant if stay is issued v. movant if stay is not issued)
4) Will the stay serve the public interest?
84
Why even have relief pending appeal (stays)?
The court is trying to preserve the status quo during the appeals process.
85
Modifications of Permanent Injunction: Swift Standard:
Nothing less than a clear showing of a previous wrong evoked by new and unforeseen circumstances.
(Tough standard, never been expressly reversed).
86
Modifications of Permanent Injunction: Rufo Standard:
More flexible than Swift, "A significant change in facts or law warrants revision of the decree and the proposed modification is suitable tailored to the changed circumstances."
87
Modifications of Permanent Injunction: What type of circumstances does the Rufo Standard require?
Unforeseen circumstances, not unforeseeable circumstances.
88
Modifications of Permanent Injunction: Rufo standard: Unforeseen v. Unforeseeable.
Unforeseen: Did not directly see it coming.
Unforeseeable: Should someone had been able to see it? Were they unable?
89
Modifications of Permanent Injunction: What is it not?
A modification of an injunction is NOT an appeal.
90
Modifications of Permanent Injunction: Difference between dissolving and modifying?
Dissolving an injunction is getting rid of it entirely, modifying is what it sounds like, a modification.
