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Injunction





Encyclopedia results for Injunction

  1. Injunction

    Clear An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing specific acts. A party that fails to comply with an injunction faces criminal ... term. A TRO usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction. A TRO may be granted ex ... kinds of restraining orders Many states have injunction laws that are written specifically to stop ... labor law context After the United States government successfully used an injunction to outlaw the Pullman ... by trade union union s. These injunctions were often extremely broad one injunction issued by a federal ... they called government by injunction in the courts, labor and its allies persuaded the Congress of the United ... UK superinjunction UK super injunction UK superinjunctions see also 2011 British privacy injunctions ...?sectioncode 1&storycode 44466&c 1 MPs slam super injunction which gagged Guardian ref ref cite news ... of court . Before it could be challenged in court, the injunction was then varied to permit ... injunction in an article about the Trafigura affair in September 2009. ref name standard cite news ... injunction has also been used to describe an injunction similar to a superinjunction but also including an order that the injunction must not be discussed with members of Parliament, journalists or lawyers. One known hyper injunction was obtained at the High Court in 2006, preventing its subject ... injunction stops you talking to MP.html location London work The Daily Telegraph first Steven last Swinford title Hyper injunction stops you talking to MP date 21 March 2011 ref ref cite news url http www.dailymail.co.uk news article 1368395 Now hyper injunction gagging order stops constituent speaking MP.html location London work Daily Mail title Now hyper injunction gagging order stops constituent ... hyper injunction?INTCMP SRCH title Got secrets you want to keep? Get a hyper injunction author ...   more details



  1. Preliminary injunction

    ref improve date April 2012 A preliminary injunction , in Equity law equity , is an injunction entered by a court prior to a final determination of the merits of a legal case , in restraining order order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent injunction permanent . If the case is decided in favor of the party that has been enjoined, the injunction will usually be dissolved or Motion legal dismissed . In most court s in the United States , the party seeking the preliminary injunction must demonstrate all four things together That there is a substantial likelihood of success on the merits of the case, That they face a substantial threat of irreparable damage or injury if the injunction is not granted, That the balance of harms weighs in favor of the party seeking the preliminary injunction That the grant of an injunction would serve the public interest . The balance of harms refers to the threatened injury to the party seeking the preliminary injunction as compared to the harm that the other party may suffer from the injunction. The United States Supreme Court revisited the requirements for obtaining a preliminary injunction in Winter v. Natural Resources Defense Council Winter v. NRDC, Inc. , 555 U.S. 7 2008 . ref name WinterNRDC SCOTUS URL Slip 08 07 1239 Winter v. Natural Resources Defense Council , 555 U.S. 7 2008 . ref The Court changed one requirement just slightly A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest. See also Reflist law term stub Category Judicial remedies Category Legal terms Category Equity ...   more details



  1. Injunction generator

    The Injunction Generator is an Internet art artistic software module by Austrian artists Ubermorgen which claims to generate on request legal injunction s and personalized documentation in .rtf .pdf format to force a website into taking its contents offline. Carrying on with their principles of radical corporative marketing strategy media hacking , the artists produced an effective and credible interface which helps creating one s own documented cease and desist request, which is then automatically sent to the Domain Name System DNS administrators, to the site s owner and to some journalists to trick them into supporting the public trial . The project is published at ipnic.org , an acronym which mimics the official protocols Internet Protocol Network Information Center , revisited as Internet Partnership for No Internet Content . This sarcastic provocation a public shutdown service was conceived after experiencing a similar mishap during the Voteauction art project, which in 2000 invited American citizens to put up their vote for auction. At the time an email injunction by an American court was sent to the Swiss internet service provider hosting the site, who immediately took them offline even though emailed documents aren t legally considered official and even though Switzerland is outside of American jurisdiction. External links http www.ipnic.org Injunction Generator Primarysources date December 2006 Category Websites Category Legal software ...   more details



  1. Gang Injunction

    Infobox album See Wikipedia WikiProject Albums Name Gang Injunction Type EP Artist Young Buck & JT the Bigga Figga Cover Gang Injunction EP.jpg Released December 14, 2009 Recorded 2007 2009 Genre Hip hop music Hip hop Length Label Mandatory Digital Producer JT the Bigga Figga This album Gang Injunction br 2009 singles Name Gang Injunction Type EP Single 1 Gang Injunction Single 1 date December 3, 2009 Gang Injunction is a collaboration Extended play EP by rapping rapper s Young Buck & JT the Bigga Figga . The Extended play EP was released December 14, 2009 through the independent label Mandatory Digital. It sold 6,700 copies its first week of release and debuted on the Billboard 200 Billboard 200 at number 106. ref Chris Harris May 30, 2007 . http www.mtv.com news articles 1560751 20070530 maroon 5.jhtml Maroon 5 Fight Off The Prince Of Darkness For Billboard 1 MTV . Accessed January 20, 2009. ref All tracks on the EP were produced by JT the Bigga Figga. ref http itunes.apple.com ca album gang injunction id347768245 ref Gang Injunction was the first single released by Buck & JT to promote the upcoming EP, however it didnt make the cut when released in December 2009. ref http artistxite.com album 703658 Gang Injunction.html ref Track listing This section is for album credits only. All lyrics by Young Buck & JT the Bigga Figga, music compositions listed below. tracklist extra column Producer s title1 Could a Been You extra1 JT the Bigga Figga length1 4 13 title2 Half My Jewlery extra2 JT the Bigga Figga length2 4 12 title3 No License extra3 JT the Bigga Figga length3 4 29 title4 We All In extra4 JT the Bigga Figga length4 4 22 title5 Make It Look Easy extra5 JT the Bigga Figga length5 3 43 title6 Boss Position extra6 JT the Bigga Figga length6 2 52 title7 Take It Back extra7 JT the Bigga Figga length7 3 37 References Reflist Category 2009 albums uk Gang Injunction ...   more details



  1. Mareva injunction

    Unreferenced stub auto yes date December 2009 Judicial remedies The Mareva injunction variously known also as a freezing order , Mareva order or Mareva regime , in Commonwealth of Nations Commonwealth jurisdictions, is a injunction court order which freezes assets so that a defendant to an lawsuit action cannot dissipate their assets from beyond the jurisdiction of a court so as to frustrate a Judgment law judgment . It is named for Mareva Compania Naviera SA v International Bulkcarriers SA 1975 2 Lloyd s Rep 509, decided in 1975, although the first recorded instance of such an order in English jurisprudence was Nippon Yusen Kaisha v Karageorgis in 1975, decided very shortly before the Mareva decision however, in the UK the Civil Procedure Rules 1998 now define a Mareva order as a freezing order. It is widely recognised in other common law jurisdictions and such orders can be made to have world wide effect. It is variously construed as part of a court s inherent jurisdiction to restrain abuse of process breaches of its process . It is not a security Jackson v Sterling Industries Ltd , nor a means to pressure a judgment debtor Camdex International Ltd v Bank of Zambia No. 2 , nor does it confer a proprietary interest in the assets of the judgment debtor Cretanor Maritime Co Ltd v Irish Marine Management Ltd . However, some authorities have treated the Mareva injunction as an order to stop a judgment debtor from dissipating his assets so as to have the effect of frustrating judgment, rather than the more strenuous test of requiring an intent to abuse court procedure. An example ... at the pre trial stage in ex parte hearings, based on affidavit evidence alone. A Mareva injunction ... case that they would succeed at trial and that the refusal of an injunction would involve a real ... of intellectual property rights , approved in April 2004. See also Injunction Anton Piller order DEFAULTSORT Mareva Injunction Category Common law Category Law in the United Kingdom Category ...   more details



  1. Interlocutory injunction

    unreferenced date December 2010 An interlocutory injunction is a court order to compel or prevent a party from doing certain acts. It is an order made at an interim stage during the trial, and is usually issued to maintain the status quo until judgment can be made. In Ontario, interlocutory injunctions are regulated by Rule 40 of the Ontario Rules of Civil Procedure. stub to prevent wrong redirect Category Legal terms law term stub ...   more details



  1. Gang injunction

    Out of date date January 2011 Globalize date January 2011 A gang injunction is a court issued injunction ... in the 1980s, the first gang injunction to make headlines was obtained by Los Angeles City Attorney .... In 1993, the Los Angeles City Attorney s office filed for another injunction ... . The American Civil Liberties Union joined other groups in opposing the injunction, arguing that it would .... The injunction was issued despite the efforts against it. It was followed by injunctions in the cities ... of California surpassed the 150 gang injunction mark. ref http www.crcpress.com product isbn ... Gang Related Crimes. The history of the gang injunction began on July 22, 1982, when the Los Angeles ... members 72 of the three gangs were targeted by police. This was the first gang injunction to sue a street gang as an unincorporated association. The injunction also named individual gang members as defendants. The injunction only had four restrictions aimed at reducing graffiti, including prohibiting .... The injunction also requested that the 72 named defendants be required to do five hours of community ... Police filed an injunction against the Playboy Gangster Crips gang. The injunction was a first of its ... of the gang to operate and commit gang related crimes. The preliminary injunction named 23 defendants. The injunction was ultimately limited in scope as the judge only allowed restrictions ..., the no association provision which the court deemed was not appropriate. The injunction was also the first ... Police Department sought an injunction against the Barrio Elmwood Rifa gang. The target area consisted of an entire city block that the gang called home. The injunction did not name the gang as a defendant, it did however name 34 members of the gang. This was the first injunction to include the No Association ... for the study. Calls for service were evaluated for one year, pre injunction, and one year, post injunction, using paired t tests which revealed that gang injunctions reduce crime. Calls for service ...   more details



  1. Tax Anti-Injunction Act

    Not to be confused with the Anti Injunction Act . The Tax Anti Injunction Act , currently codified at Usc 26 7421 a , is a United States federal law enacted in 1867. The statute provides that with 14 specified exceptions, no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed. History The Anti Injunction Act was originally enacted as USStatute 39 169 14 475 1867 03 02 , 10. The modern equivalent was enacted as section 7421 a of the Internal Revenue Code of 1954 now the 1986 Code ref Internal Revenue Code of 1954, sec. 7421 a , printed at USStat 68A 876 Aug. 16, 1954 . ref Analysis This rule is related to the Flora full payment rule, based in part on the United States Supreme Court decision in Flora v. United States , case citation 357 U.S. 63 1958 , affirmed on rehearing , case citation 362 U.S. 145 1960 , essentially requiring that in most cases a person resisting the assessment of a U.S. federal tax must first pay the full amount of tax asserted by the Internal Revenue Service IRS and then file a formal administrative claim for refund with the IRS. As a general rule, the courts will not entertain a suit to enjoin or stop the government from assessing the tax but will entertain a suit for a tax refund after the IRS has denied the refund claim, or 6 months have elapsed 120 days in Bankruptcy in the United States bankruptcy cases since the filing of the claim, whichever is earlier. ref See Usc 26 6532 Usc 26 7422 Usc 28 1346 a . ref ... Protection and Affordable Care Act , may consider the applicability of the Anti Injunction Act. The Court ... under the Anti Injunction Act and could preclude the federal courts from hearing the case until ... the Anti Injunction Act prevented the court from considering constitutional issues. Two other Circuit Courts decided that the Anti Injunction Act does not preclude the federal courts from deciding ...   more details



  1. Anti-Injunction Act

    Unreferenced stub auto yes date December 2009 Not to be confused with the Tax Anti Injunction Act . The Anti Injunction Act , ch. 22 of the Acts of the 2nd United States Congress , 2nd Session, USStat 1 333 , Usc 28 2283 , is a United States federal statute that prohibits any United States federal courts federal court from issuing an injunction against proceedings in any State court United States state court , except within three specifically defined exceptions. The Act was enacted on March 2, 1793 as Section 5 of the Judiciary Act of 1793 , to alleviate states fears of federal power. The current language of the Act states A court of the United States may not grant an injunction to stay proceedings in a state court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments. ref Usc 28 2283 ref A body of case law has grown with respect to the questions of what constitutes an express authorization what is necessary in aid of jurisdiction and what constitutes protection or effectuation of a Legal judgment judgment . Cases have also hinged on questions of what orders constitute an injunction by the federal court against the state court. Among the statutes recognized as express authorization to grant an injunction under the first exception is Civil Rights Act of 1871 Section 1983 of the Civil Rights Act . The second exception is used in two areas to prevent state courts from continuing to hear matters which have been removed to federal court, as well as to permit federal courts to enjoin state suits in cases of real property dispute where a federal claim is filed first. It is relatively rare in application. The third exception is used to prevent parties who have lost in federal litigation from seeking hearing of their cases in state court. The Supreme Court case Younger v. Harris , while addressing questions distinct from the Anti Injunction Act, is relevant to the subject of federal injunctions ...   more details



  1. Anti-suit injunction

    Conflict of laws In the area of conflict of laws , anti suit injunction is an order issued by a court order court or arbitral tribunal ref L vy, Laurent, Anti suit Injunctions Issued by Arbitrators , in Emmanuel Gaillard ed. , Anti Suit Injunctions In International Arbitration Berne Staempfli, 2005 ref that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum. If the opposing party contravenes such an order issued by a court, a contempt of court order may be issued by the domestic court against that party. It is often used as a means to prevent forum shopping . In recent years many jurisdictions have placed a high standard to obtain an injunction such as where the proceedings are oppressive or vexatious . Furthermore, in proceedings where Council Regulation EC No 44 2001 applies to the parties, the anti suit injunction is no longer available to assist litigation ref Turner v Grovit C 159 02 2005 1 AC 101 ref or arbitration ref Allianz SpA formerly Riunione Adriatica di Sicurta SpA v West Tankers Inc C 185 07 2009 1 AC 1138 ref . Reflist See also Non suit Category Conflict of laws law term stub ...   more details



  1. Cross-border injunction

    In European law , and especially in European intellectual property law, a cross border injunction is an injunction by a court in one European country, such as a court in the Netherlands forbidding infringement in several other Europe an countries. For a period in the late 1990s, national courts issued cross border injunctions covering all EP jurisdictions, but this has been limited by the European Court of Justice . In two cases in July 2006, interpreting Articles 6.1 and 16.4 of the Brussels Regime Brussels Convention , the European Court of Justice held that European patents are national rights that must be enforced nationally, that it was unavoidable that infringements of the same European patent have to be litigated in each relevant national court, even if the lawsuit is against the same group of companies, and that cross border injunctions are not available. ref http curia.europa.eu jurisp cgi bin form.pl?lang EN&Submit Rechercher docrequire alldocs&numaff C 4 03&datefs &datefe &nomusuel &domaine &mots &resmax 100 Case C 4 03, Gesellschaft f r Antriebstechnik v Lamellen und Kupplungsbau Beteiligungs KG , European Ct. of Justice 13 July 2006 http curia.europa.eu jurisp cgi bin form.pl?lang EN&Submit Rechercher docrequire alldocs&numaff C 539 03&datefs &datefe &nomusuel &domaine &mots &resmax 100 Case C 539 03, Roche Nederland BV v Primus , European Ct. of Justice 13 July 2006 ref References and further reading reflist Jochen Buhling, http www.buildingipvalue.com 07EU p.172 175 20Krieger.pdf Cross border injunctions in patent infringement cases paradise lost? , Building and enforcing intellectual property value 2007, p172 175. http ipgeek.blogspot.com 2008 03 is their after life for pan european.html Is there an After Life for Pan European Injunctions? , IPEG blog, March 27, 2008 See also Brussels Regime Enforcement of European patents Lis alibi pendens Spider in the web doctrine Category Intellectual property law Category Equity Category Judicial remedies Category ...   more details



  1. EDO Injunction Case

    injunction brought under Section 3 of the Protection from Harassment Act 1997 , applied to all .... Breach of any condition of the civil injunction carried a criminal penalty of up to five years in prison ... to defend the legality of the war on Iraq, and apparently bolster EDO s case for the injunction ... also pay their own substantial costs, but most importantly of all, that the injunction against ... injunction against all protests at the EDO MBM factory in Brighton. It should be also noted that the legally ... the interim injunction created serious infringements of protester s ECHR human rights to free speech ... held onto a temporary injunction that was in place till the full trial would decide if a permanent ... s injunction lifted , BBC , March 23, 2006 ref See also EDO Decomissioners Case References reflist 2 External links http www.smashedo.org.uk resources.htm 4 Legal documents related to the EDO Injunction ...   more details



  1. Mareva

    Mareva may refer to A Mareva injunction Mareva injunction , a court order to freeze assets Mareva Galanter , a French actress and beauty contestant Mareva, a factory name or vitola de galera for the classical Cuban cigar size Cigar Parejo Petit Corona disambiguation ...   more details



  1. Injunctive

    Injunctive may refer to Injunction , a legal concept Injunctive mood , a linguistic concept disambig Long comment to avoid being listed on short pages ...   more details



  1. Quia timet

    Multiple issues wikify March 2012 unreferenced August 2007 orphan November 2006 Quia Timet Injunction is an injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced. Fletcher v. Bealey 1884 28 Ch.D. 688 at p.  698 stated the necessary conditions for equity courts to properly grant an injunction in such cases proof of imminent danger proof that the threatened injury will be practically irreparable and proof that whenever the injurious circumstances ensue, it will be impossible to protect plaintiff s interests, if relief is denied. Quia Timet qui a ti met Lat. because he fears. Category Latin legal terms Category Common law Latin legal phrase stub ...   more details



  1. Super-injunctions in English law

    Super injunctions in English law refer to a type of injunction in English tort law that prevent publication of the thing that is in issue and also prevents the reporting of the fact that the injunction exists at all. ref Lowther, Jason, 2011 Q&A Torts 2011 2012 , Abingdon Routledge, p. 171 ref The term was coined by a Guardian journalist covering the Trafigura controversy. Due to their very nature media organisations are not able to report who has obtained a superinjunction without being in Contempt of court England contempt of court . There are several ways in which the public can learn of a super injunction When a judge refuses to continue a super injunction . For example in Christopher Hutcheson previously known as KGM v News Group Newspapers and ors 2010 EWHC 3145 an injunction preventing disclosure about a second family was initially granted but Justice David Eady refused to continue it. ref name autogenerated1 http www.guardian.co.uk law datablog 2011 aug 05 superinjunctions gagging orders injunctions list Superinjunctions, gagging orders and injunctions the full list Siobhain Butterworth & Maya Wolfe Robinson Law guardian.co.uk Bot generated title ref When Parliamentary privilege is used to reveal an injunction . For example, the Liberal Democrat John Hemming politician John Hemming used Parliamentary privilege to reveal the Premiership footballer who obtained an injunction in the case CTB v News Group Newspapers . When a super injunction is breached in contempt of court ... of superinjunction obtained in CTB v News Group Newspapers When a super injunction is reported of somewhere ... was able to report the identity of the footballer as an injunction had not been obtained from ... of court if they were to breach an English super injunction When a person who has taken out ... of the injunction ref name autogenerated1 Christopher Hutcheson previously known as KGM v News Group Newspapers and ors injunction initially granted but later the courts refused to continue it ref ...   more details



  1. Peliculum in mora

    unreferenced date December 2010 Peliculu in mora , Latin for danger in delay , is one of two conditions which must be asserted in actions aimed at obtaining a protective order or injunction eg. ART.700 former CCP , to be granted the relief sought the other condition being fumus boni iuris . The second condition is the c.d. Prima facie case. The burden of proof of danger in delay falls to the person who requests the injunction or order, demonstrating the existence of both requirements, pericolum notice, and the risk of suffering serious and irreparable damage. The term serious harm refers to the magnitude of the damages, calculated in relation to the value of the property in dispute an injury will not be so serious in itself, but only when compared to the object of contention. Irreparable damage is in the possibility of a remedy in the future against which the party seeking the injunction believes they will suffer. Only asset orientation is currently supported, in that the prevailing possibility of obtaining compensation for damages is, in itself, sufficient to prevent the founding of irreparable harm. Category Legal terms ...   more details



  1. Periculum in mora

    unreferenced date December 2010 Periculum in mora , Latin for danger in delay , is one of two conditions which must be asserted in actions aimed at obtaining a protective order or injunction e.g. ART.700 former CCP , to be granted the relief sought the other condition being fumus boni iuris . The second condition is the c.d. Prima facie case. The burden of proof of danger in delay falls to the person who requests the injunction or order, demonstrating the existence of both requirements, pericolum notice, and the risk of suffering serious and irreparable damage. The term serious harm refers to the magnitude of the damages, calculated in relation to the value of the property in dispute an injury will not be so serious in itself, but only when compared to the object of contention. Irreparable damage is in the possibility of a remedy in the future against which the party seeking the injunction believes they will suffer. Only asset orientation is currently supported, in that the prevailing possibility of obtaining compensation for damages is, in itself, sufficient to prevent the founding of irreparable harm. See also List of legal Latin terms Category Latin legal terms ...   more details



  1. Nass (Islam)

    Contains Arabic text Nass lang ar is an arabic language Arabic word meaning a known, or clear, legal injunction . In Twelver Shi ah Islam Ismaili , nass is used to reference the nomination of an Imamah Twelver Shi i Doctrine Imam Dai by a previous Imam Dai. Category Twelvers Islam stub ...   more details



  1. Prince Albert v Strange

    Prince Albert v Strange was a court decision made by the High Court of Chancery in 1849 , and began the development of Breach of confidence confidence law in England . The court awarded Prince Albert an injunction , restraining Strange from publishing a catalogue describing Prince Albert s etchings. Lord Cottenham LC Charles Pepys, 1st Earl of Cottenham noted that this case by no means depends solely upon the question of property, for a breach of trust, confidence, or contract, would OK here don t correct it of itself entitle the plaintiff to an injunction. See also Privacy in English law Category English case law Category English privacy case law Category 1849 in case law Category 1849 in the United Kingdom Category Legal articles without infoboxes Category Court of Chancery cases Category Albert, Prince Consort UK law stub ...   more details



  1. RJW & SJW v The Guardian newspaper & Person or Persons Unknown

    RJW & SJW v The Guardian newspaper & Person or Persons Unknown better known as The Trafigura case was the legal action in which Trafigura attempted to use a Super injunctions in English law super injunction to prevent the press reporting details of toxic waste dumping in the Ivory Coast. ref http www.guardian.co.uk world 2009 oct 16 trafigura carter ruck the guardian ref This super injunction was overturned after an MP brought up the topic during parliamentary questions References references Category English privacy law Category English case law Category Trials in England Category English media England hist stub England law stub ...   more details



  1. WER v REW

    WER v REW was an anonymised legal case in which Chris Hutcheson took out an injunction to prevent Popdog Ltd from publishing details regarding his private life. ref http www.societyofeditors.co.uk page view.php?pagename News&parent page id 0&news id 3570&numbertoprintfrom 1 ref Mr Hutcheson gained an injunction but it was later partially lifted. ref http www.popbitch.com home 2011 05 26 celebrity supper injunctions ref See also Christopher Hutcheson previously known as KGM v News Group Newspapers and ors References references Category English privacy case law Category 2009 in case law ...   more details



  1. Spur Industries v. Del E. Webb Development Co.

    Spur Industries v. Del E. Webb Development Co. , 108 Ariz. 178, 494 P.2d 700 1972 is a Supreme Court of Arizona case often used in first year law school property courses to demonstrate the principles of nuisance law . It is also used in at least one law school remedies case book to demonstrate special injunction principles. ref name ACS cite book last Weaver first Russell L. Weaver ... et al. title Modern remedies cases, practical problems, and exercises year 1997 publisher West Pub. Co. location St. Paul, Minn. isbn 978 0314211507 ref The case involves the owner of a livestock feedlot , Spur Industries, and Del Webb Webb Development , the developer of the now well known retirement community, Sun City, Arizona . Both enterprises beginning small, they eventually grew large and close enough to one another that the stench of manure and the infestation of flies from the feedlot were affecting both current residents of Sun City, and inhibiting future sales. Webb brought suit for an injunction against the further operation of the feedlot. The lower court granted the injunction, ordering Spur to shut down operations. The court held that the injunction was proper. Distinguishing between private and public nuisances, the former being remedied often only by damages, at least where the costs of injunction are great on the defendant, the court determined that the feedlot was a public nuisance. This decision was made in large part because an Arizona statute called any place in populous areas which constitutes a breeding place for flies . . . and other animals that can carry disease is a public nuisance. Determining south Sun City to be a populous area the court said that injunction was thus proper. Given the equities the court crafted a special injunction, however. Citing the coming to a nuisance doctrine, which prohibits equitable relief for a homeowner who purchases a home within the reach of the nuisance, the court said that Webb must indemnify Spur for his losses as a result ...   more details



  1. Hyper-injunctions in English law

    Hyper injunctions in English law refer to a form of superinjunction that prevents discussion of a topic covered by a superinjunction with Members of Parliament, lawyers or journalists except for the persons own defence lawyers. ref http www.guardian.co.uk law 2011 mar 21 secrets to keep hyper injunction ref The term was coined by the Liberal Democrat John Hemming MP. ref http www.publications.parliament.uk pa cm201011 cmhansrd cm110317 halltext 110317h0001.htm ref See also Super injunctions in English law References references Category English tort law Category English privacy law Category English media England law stub ...   more details



  1. Neuberger Committee

    linkrot date November 2011 The Neuberger Committee was a committee set up to examine the law and practice surrounding so called super injunction s in English law . It reported in May 2011. ref http inforrm.wordpress.com 2011 05 22 report of the neuberger committee thorough thoughtful but not the last word ref References references Category English privacy law Category 2011 in England Category Legal history of England England law stub England hist stub ...   more details




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