Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Injunction
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
=====Permanent injunctions===== Permanent injunctions are issued after trial. Different federal and state courts sometimes have slightly different requirements for obtaining a permanent injunction. The Supreme Court enumerated the traditional four-factor test in ''[[eBay Inc. v. MercExchange, L.L.C.]]'' as:<ref>{{cite web|title=eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006)|url=https://scholar.google.com/scholar_case?case=4819344338954570996|publisher=Google Scholar|access-date=6 September 2017}}</ref><ref>{{cite web|title=A.W. Chesterton Co., Inc. v. Chesterton, 128 F.3d 1 (1st Cir. 1997)|url=https://scholar.google.com/scholar_case?case=6847254962391449413|publisher=Google Scholar|access-date=6 September 2017}}</ref> # the plaintiff has suffered irreparable injury; # [[Legal remedy|remedies available at law]] are inadequate to compensate that injury; # considering the balance of hardships between the plaintiff and defendant, a [[Equitable remedy|remedy in equity]] is warranted; and # the public interest would not be disserved by an injunction. The balance of hardships inquiry is also sometimes called the "undue hardship defense".<ref name="Neglected Defense">{{cite journal |ssrn=2040896 |title=The Neglected Defense of Undue Hardship (and the Doctrinal Train Wreck in Boomer v. Atlantic Cement) |volume=4 |issue=3 |page=1 |journal=[[Journal of Tort Law]] |first=Douglas |last=Laycock|year=2012 |doi=10.1515/1932-9148.1123|s2cid=155015267 }}</ref> A stay pending appeal is a mechanism allowing a losing party to delay enforcement of an injunction while appeal is pending after final judgment has been granted by a lower court.<ref>{{Cite journal|last=Pedro|first=Portia|date=2018-06-01|title=Stays|url=https://scholarship.law.bu.edu/faculty_scholarship/335|journal=California Law Review|volume=106|issue=3|pages=869}}</ref>'''{{rp|871}}'''
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
Injunction
(section)
Add topic