4 ms·
What Patrick says is technically true. But before granting the "extraordinary remedy" of an injunction, U.S. courts would apply the traditional four-factor test
by dctoedt 11y ago
What Patrick says is technically true. But before granting the "extraordinary remedy" of an injunction, U.S. courts would apply the traditional four-factor test, which includes assessing:
+ the balance of hardships between allowing the conduct in question to continue vs. issuing the injunction;
+ whether the damage being caused by the conduct in question could be satisfactorily remedied by a payment of money as opposed to a mandate or a prohibition; and
+ (importantly) the public interest.
See, e.g., the Supreme Court's discussion of the four-factor test in eBay v. MercExchange, 547 U.S. 388 (2006), https://scholar.google.com/scholar_case?case=4819344338954570996 https://scholar.google.com/scholar_case?case=481934433895457...