Injunctive Relief Template

Front 1

Permanent Injunction pt 1

Back 1

An injunction is a decree ordering a party to perform or refrain from performing a certain act. A permanent injunction is a decree mandating permanent cooperation after a judgment on the mertis has been issued.

Front 2

Permanent Injunction pt 2

Back 2

in order to obtain a permanent injunction the plaintiff must show: (1) that a legal remedy (money damages) are inadequate to compensate her for the harm; (2) that a property right is involved; (3) that is is feasible for the court to enforce its decree; and (4) that the balance of hardships weigh in favor of granting the decree. Once plaintiff has proven these elements, the defendant can allege that certain defenses make the injunction inappropiate.

Front 3

Inadequacy of Legal Remedy

Back 3

Generally, money damages are inadequate when they are speculative, would result in a multiplicity of suits, are improper because the harm is not yet ripe, or in situations involving unique real or personal property.

Front 4

Property Right

Back 4

Traditionally, only a claim regarding tangible property would warrant an injunction. Modernly, any "interest" is protected.

Front 5

Feasibility

Back 5

Feasibility refers to the court's ability to supervise compliance with its decree. Generally, negative decrees are easier to enforce because the court can use its contempt powers. Mandatory injunctions are harder to supervise.