Escolar Documentos
Profissional Documentos
Cultura Documentos
Spring 2015
Chapter 4 Injunctions
Prof. George W. Conk
gconk@law.fordham.edu
Room 8-122
212-636-7446
Adjunct Professor of Law &
Senior Fellow
Stein Center for Law & Ethics
Ch. 4 Injunctions
Classic prohibitions/mandates
recurrent trespass
Nuisance abatement
Pulp infringing material in copyright
cases
Infringement in patent and copyright
cases
unfair competition
trademark infringemnt
Specific enforcement of contracts of
sale of real estate or sale of unique
goods
Ch. 4 Injunctions
Employment Law
labor disputes (illegal strikes,
unfair labor practices)
cease discriminatory practices
reinstate an employee wrongly
denied a promotion
Ch. 4 Injunctions
Structural Injunctions
Desegregate a school (Brown,
School busing)
Racial gerrymandering legislative
redistricting (Baker v. Carr)
Restructure the financing of a
school system (Abbott v. Burke,
Campaign for Fiscal Equity)
Ch. 4 Injunctions
F.R.C.P. 65 - Injunctions
F.R.C.P. 65 - Injunctions
Ch. 4 Injunctions
F.R.C.P. 65 - Injunctions
F.R.C.P. 65 - Injunctions
12
F.R.C.P. 65 - Injunctions
13
F.R.C.P. 65 - Injunctions
14
F.R.C.P. 65 - Injunctions
15
16
17
18
Abstention
19
Abstention
20
Hughes v. Cristofane
486 F. Supp. 541, 543-544 (D. Md. 1980)
Hughes v. Cristofane
486 F. Supp. 541, 543-544 (D. Md. 1980)
Ch. 4 Injunctions
22
23
24
25
Ch. 4 Injunctions
26
27
Ch. 4 Injunctions
28
Irreparable harm
30
31
Ch. 4 Injunctions
33
34
Ch. 4 Injunctions
35
Ch. 4 Injunctions
36
37
Ch. 4 Injunctions
38
Swygert, dissenting
39
Swygert, dissenting
40
Swygert, dissenting
Ch. 4 Injunctions
41
The Hearing
Requirement
Extraordinary relief:
Mandamus
Ex Parte Temporary
Restraining Order (TRO)
Ch. 4 Injunctions
42
43
Ex parte relief
Notice is impractical
44
45
Ex parte TRO
46
Ex parte TRO
47
48
49
50
51
52
Appeals
53
Ch. 4 Injunctions
54
Agents
Aiders and abettors
Acting in concert
Persons with knowledge of the
decree
Successors in interest
Those in contact with the `res
Class members
Ch. 4 Injunctions
55
Notice
Ch. 4 Injunctions
56
57
58
59
60
61
62
63
64
Ch. 4 Injunctions
65
Act in concert
66
Ch. 4 Injunctions
67
Ch. 4 Injunctions
68
F.R.C.P. 65 - Injunctions
69
70
bond
WR Grace & Co. v. Local 759 (U.S.
1983)
Ch. 4 Injunctions
71
72
73
74
75
76
Permanent Injunctions
A discretionary power
Ch. 4 Injunctions
77
78
79
80
81
82
FRCP 65
Set forth reasons for issuance
Specificity in terms
Describe in reasonable detail the
acts to be restrained
What are the policies behind
these requirements?
Ch. 4 Injunctions
83
85
Ch. 4 Injunctions
86
confusingly similar
Ch. 4 Injunctions
87
Ch. 4 Injunctions
88
89
90
91
Rehnquist (majority)
Stevens
Scalia
92
Majority
93
Madsen,
94
95
96
Justice Scalia :
The court could have ordered:
Stay out of the street
- limit number demonstrators on
clinic side
- forbidden walking on driveway
P. 252
Ch. 4 Injunctions
97
99
100
101
103
104
Madsen
Ch. 4 Injunctions
105
Madsen
Ch. 4 Injunctions
106
Madsen
107
Madsen
Stevens, contd
Just as it protects [labor]
picketing, the First Amendment
protects the speaker's right to
offer "sidewalk counseling" to all
passers-by. That protection,
however, does not encompass
attempts to abuse an unreceptive
or captive audience, at least under
the circumstances of this case.
Ch. 4 Injunctions
108
Madsen
Stevens, contd
One may register a public protest
by placing a vulgar message on his
jacket and, in so doing, expose
unwilling viewers.
Nevertheless, that does not mean
that he has an unqualified
constitutional right to follow and
harass an unwilling listener,
especially one on her way to
receive medical services.
Ch. 4 Injunctions
109
Ch. 4 Injunctions
110
111
112
Ch. 4 Injunctions
113
Wash.Rev.Code 9.81.060
"'Subversive person' means any
person who commits, attempts to
commit, or aids in the commission, or
advocates, abets, advises or teaches
by any means any person to commit,
attempt to commit, or aid in the
commission of any act intended to
overthrow, destroy or alter, or to
assist in the overthrow, destruction
or alteration of, the constitutional
form of the government of the United
States, or of the state of
Ch. 4 Injunctions
114
115
The allegations
116
Ch. 4 Injunctions
117