Injunctions

Question 1

injunction

Answer 1

• orders defendant to either do something or refrain from something
• most popular

Question 2

2 types of injunctions

Answer 2

• prohibitory
  
  • prevent a threatened wrong or injury
• mandatory
  
  • redress an injury that has already happened

Question 3

how judge decides on injunction

Answer 3

• Judge will balance the hardships when deciding whether to give an injunction.
• given at the discretion of the court.
• judge will consider the interests of both sides before issuing an injunction

Question 4

tortious conduct

Answer 4

• most injunctive relief is based around tortious conduct
• must determine if the tort involved is one for which injunctive relief is available
• violation of a statute will also be subject to injunction

Question 5

tortious conduct where equitable injunctions are normally available

Answer 5

• continuous or repeated trespass
• conversion of a unique chattel
• to stop unfair competition

Question 6

injunctions tortious conduct where injunctions may be available

Answer 6

• to eliminate a nuisance
  
  • nuisance must be private, not public
• to prevent waste (damage to real property)
  
  • but not if the waste is ameliorative

Question 7

tortious conduct where injunctions may be available

nuisance

Answer 7

• Definition: harmful or dangerous situation.
• private nuisance: affects the plaintiff directly and personally.
  
  • e.g. smoke and particulate from a nearby factory.
• public nuisance: situations where someone is engaging in some form of improper behavior, but it is not directly affecting or targeting plaintiff.
  
  • in these situations, commonwealth’s attorney will prosecute, so injunctions are not allowed

Question 8

tortious conduct where injunctions may be available

to prevent waste

Answer 8

• defendant is actively damaging the property or allowing the damage to happen without action
• can’t enjoin to stop ameliorative waste
  
  • ameliorative= changes the property but in a way that increases the land’s value

Question 9

tortious conduct where injunctions are typically not available

Answer 9

• defamation
• commercial defamation (trade libel)
• invasion of privacy
  
  • Exception: involves unauthorized use of a person’s name or likeness.
  • Virginia statute allows for injunctive relief in this case (only IoP tort VA recognizes)
• rationale for all three: constitutional concerns about “prior restraint”

Question 10

criminal proceedings

Answer 10

• equity will not enjoin pending criminal proceedings
• will enjoin threatened criminal proceedings only under extraordinary circumstances

Question 11

temporary (preliminary) injunctive relief

Answer 11

• granted at the beginning of the litigation
• purpose is to either:
  
  • preserve the status quo
  • or prevent irreparable injury that will happen during the litigation before the final judgment.

Question 12

temporary (preliminary) injunctive relief

4 factors the court will consider when determining whether to grant temporary injunction

Answer 12

• substantial likelihood that the moving party will actually win the merits of the lawsuit.
• irreparable harm to the moving party unless status quo maintained.
• harm to the moving party outweighs the hardship the injunction would cause to the restrained party.
• the public interest will not be adversely affected by the injunction.
  
  • e.g. injunction to shut down a factory and putting a lot of people out of work.

Question 13

temporary (preliminary) injunctive relief

4 consideration factors

substantial likelihood of success

Answer 13

must be unlikely that injunction will be shown to be wrongfully granted by the end of the case.

Question 14

temporary (preliminary) injunctive relief

4 consideration factors

irrepairable harm

Answer 14

harm looked at by court only limited to the harm plaintiff will incur during the course of the litigation

Question 15

temporary (preliminary) injunctive relief

4 consideration factors

harm outweighs hardship of injunction

Answer 15

• Example:
  
  • costs for waiting to perform a contracting job
    
    • other customers of defendant held back by this issue
• Procedural requirements:
  
  • plaintiff must post a bond that would cover defendant’s losses if improperly enjoined.
    
    • amount will vary depending on possible hardship.
  • exception: real covenants.
    
    • where plaintiff sues upon a real property covenant that the defendant is violating.
    • Here, P doesn’t need to show harm and D cannot escape njunction unless he shows exceptional harm would result from granting of an injunction