Modifying and Terminating Injunctions

Question 1

What are ways to modify an injunction.

Answer 1

Note: injunctive relief UNLIKE legal remedies, may be modified POST-GRANT.

Way 1: SWIFT STANDARD (outdated)
Can modify injunction if the party adversely affected by the order can show a “grievous wrong evoked by new and unforeseen conditions.”

Way 2: CHANGE IN CIRCUMSTANCES (CURRENT STANDARD)

Question 2

What is the change in circumstances standard?

Answer 2

A standard for modifying OR terminating an injunction.

Demonstrate changed circumstances of LAW or FACT.
Fact example: A fact changes or arises that makes the injunction NO LONGER NECESSARY or the injunction MORE BURDENSOME than originally intended.
Law example: Legislature or admin. authority MODIFIES current law or PASSES new laws.

 NOTE: the modification NEEDS TO BE TAILORED TO THE NEW CIRCUMSTANCES.

Question 3

What are ways to terminate an injunction?

Answer 3

1. FRCP 60(b)(5) RELIEF FROM JUDGMENT;
2. SUBSTANTIAL COMPLIANCE; OR
3. CHANGE IN CIRCUMSTANCES

Question 4

What are the qualifications of FRCP 60(b)(5)

Answer 4

Courts will grant relief from a judgment or an order (terminate an injunction) if:

1. the judgment is SATISFIED, RELEASED OR DISCHARGED;
2. the judgment/order is based on an earlier judgment which has been reversed or vacated; AND
3. applying for the judgment/order PROSPECTIVELY is NO LONGER EQUITABLE.

Question 5

What are the qualifications for substantial compliance?

Answer 5

The defendant has:

(1) complied in good faith with the injunction; and

(2) eliminated the original harm and its effects to the greatest extent possible.