Injunctive Relief Flashcards
What is an injunction?
An injunction is a court order that compels the Deft to either do something or refrain from doing something. It is a type of equitable relief. Enforced by Court’s contempt power.
What is the difference between a permanent injunction and a temporary injunction?
A permanent injunction is granted as a final judgment after a trial or dispositive motion, whereas a temporary injunction is awarded prior to a final judgment in order to maintain the status quo between two parties and avoid irreversible damage.
What are the (4) types of permanent injunctions?
Preventative, Reparative, Prophylactic, Structural
What is a preventative injunction?
A preventative injunction stops the harm altogether. (Example: Company must stop discrimination on the basis of sexual orientation)
What is a reparative injunction?
A reparative injunction repairs or undoes the past harm by stopping the continued consequences of harm and correcting the present. (Example: Company that discriminated in a promotion decision must promote the employee to the position of sales manager.)
What is a prophylactic injunction?
A prophylactic injunction imposes precautions/safeguards to minimize future harm, thereby going beyond just stopping the harm or repairing the harm. (Example: Company that discriminated against employee must adopt non-discriminatory policy and complete various trainings.)
What is a structural injunction?
A structural injunction takes prophylactic injunctions and expands them to a broad, sweeping, systemic level. Structural injunctions are often criticized as judicial advocacy.
What are the (2) types of non-permanent injunctive relief?
Preliminary injunctions and temporary restraining orders (TROs)
What is a preliminary injunction?
A preliminary injunction is granted before the financial judgment, and aim to maintain the status quo during litigation. They more severely restrain the Deft than TRO’s because they often last longer, and as such, they tend to be a little harder to obtain (and require notice in all circumstances).
What is a TRO?
A TRO is an emergency order that’s typically granted before a hearing can be held, only if there’s a threat of immediate and irreparable harm. TRO’s typically operate for a short time period (7-14 days) and require notice for most cases with a few exceptions (i.e. domestic violence).
What is a security/bond?
Both PI’s and TRO’s require a security/bond from the party seeking the relief to protect Deft’s interests.
How do you qualify for a permanent injunction?
There are (5) steps to qualifying for a permanent injunction:
1) Does Pl face a threat of real imminent harm?
2) Will there be irreparable injury?
3) Have we balanced the hardships?
4) Does it serve the public interest?
5) Is it practical?
What is a threat of real imminent harm?
Real = based in fact Imminent = happening in immediate future Harm = violation of the law
What is an irreparable injury?
An injury for which there is no adequate legal remedy (Example: Deft cannot pay, property is unique, rights are intangible, etc.)
How do we balance hardships between Pl and Deft?
We have to balance Pl’s right to a remedy against the undue hardship is may post to Deft.
What is the public interest?
The social consequences imposed by injunctive relief
How do you qualify for a PI/TRO under the main test?
There are (5) steps to qualify for a PI/TRO under the main test:
1) Likelihood of success on the merits
2) Likely irreparable injury is relief is delayed
3) Balance of hardships
4) Public interest
5) Procedural req’s met
How do you qualify for a PI/TRO under the alternative test?
Movant can obtain TRO/PI by showing either:
1) Likelihood of success on the merits and irreparable harm OR
2) A serious question on the merits and that the balance of hardships tips decidedly in its favor
What is the rule for determining scope of an injunction?
As a general rule, the scope (breadth) of an injunction must match the scope of the harm.
What is specific performance?
Specific performance is relevant with K’s only. It is an order to the Deft to perform as promised under a given K. Enforced by Court’s contempt power.
How do you qualify for specific performance?
There are (4) requirements for qualifying for specific performance:
1) A clear, valid, K
2) Irreparable injury (different for sale of goods K’s, service K’s, and sale of land K’s)
3) Balance of the hardships
4) Public interest
How do you modify an injunction?
Injunction can be modified in light of a “change of circumstances” which can be a change in fact or law.
What constitutes a “change in fact” with regard to modifying an injunction?
A change in fact is when something occurs that makes the injunction no longer necessary – often when Deft takes steps to mitigate the risk the injunction sought to prevent.
What constitutes a “change in law” with regard to modifying an injunction?
A change in law occurs when a legislature or administrative authority modifies the current law or passes new laws that warrant modifying the injunction.
