PRETRIAL ADJUDICATION
...Injunctions
......Modifying, Vacating, Staying
6 Cards On This Topic:
  • Permanent injunction overly broad, but D's right to free speech would not be infringed by properly limited injunction prohibiting her from repeating statements about P that were determined at trial to be defamatory.
  • Though judge's disability may be basis in equity to dissolve a permanent injunction that is the subject of final judgment, Ds failed to meet their burden of proof.
  • Injunction modifiable by arbitrator, not super. ct.: Injunction does not acquire greater finality merely by being product of binding arbitration.
  • Permanent injunction not appropriate unless need for equitable relief is clear, not remote or speculative.
  • Court exceeded authority in granting creditor's request for injunction to prevent dissipation of assets where loan funds no longer identifiable because they had already been spent.
  • Enjoined party can't assert invalidity of PI for 1st time on appeal based on failure to comply with time limits where party voluntarily participated in hearing and inj. only modified one already in effect.