27 votes

How would one comply with a court order to unpublish unlimitable information?

united-states This answer analyzes the question under U.S. law, although it is really generally applicable in all countries with a common law legal system. I'm not familiar with how non-common law ...
ohwilleke's user avatar
  • 213k
14 votes
Accepted

Why are injuctions being taken out against climate change protest groups?

england-and-wales I think the main reason is that in specific prosecutions such behaviour may not be found to constitute any of those criminal offences. While on the face of it the behaviour is ...
Lag's user avatar
  • 16.8k
14 votes

How would one comply with a court order to unpublish unlimitable information?

Courts generally recognize that it is futile to attempt to have something 'unpublished", and a proceeding seeking to prevent one party from publishing something is likely to be closed as moot if ...
David Siegel's user avatar
9 votes

How would one comply with a court order to unpublish unlimitable information?

canada One is only obligated to comply with a court order to the extent that it states "clearly and unequivocally what should and should not be done." In order to be found in contempt, the ...
Jen's user avatar
  • 54.7k
8 votes

Why are injuctions being taken out against climate change protest groups?

Injunctions are non-criminal equitable remedies available to entities to vindicate their own legal interests (a city's interest in its by-laws being obeyed; a property owner's proprietary rights; etc.)...
Jen's user avatar
  • 54.7k
7 votes

How would one comply with a court order to unpublish unlimitable information?

Alice is only responsible for Alice's actions, not the whole world. So Alice can be ordered to stop publishing / take the content down, but the court would not order Alice to do something out of Alice'...
Harper - Reinstate Monica's user avatar
5 votes
Accepted

What would happen to Ben Newman if he didn’t pay his costs order by December?

Why might such a deadline have been set Standard terms are 14 days after the order for costs - or another date at the court's discretion. Given the non-trivial amount the court may have used that ...
motosubatsu's user avatar
  • 4,650
5 votes
Accepted

What happens when court orders issued by different countries contradict each other?

These situations do come up (and incidentally, this is nothing new, it has been a difficult and recurring legal issue since at least the 18th century), and they really suck to be in, and often there ...
ohwilleke's user avatar
  • 213k
4 votes
Accepted

How do the US Supreme Court justices decide to deny an application for injunctive relief?

Such an order, like all other orders and decisions, is voted on at a conference of justices. Normally all 9 are present and vote, unless one or more is recused. But if one or more happens to be absent,...
David Siegel's user avatar
4 votes

To which court can you file an interlocutory appeal from a superior court in California?

Assuming you have a right of interlocutory appeal at all -- you usually don't -- you would file the appeal in the Courts of Appeal for whichever district. There are some types of cases that can be ...
bdb484's user avatar
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3 votes
Accepted

How did judicial review in the United States develop out of prerogative writs?

The place to begin thinking about this question is to understand the foundational question of what a "writ" is. A "writ" is a court order directed at another government official, ...
ohwilleke's user avatar
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3 votes
Accepted

What is the difference between mandamus and injunction? What if the party is a government official?

First, mandamus is always a form of writ whereas injunctions are typically a part of the proceedings in a lawsuit. Writs and lawsuits are each distinct, individual legal actions whereas multiple ...
Grant Langdon's user avatar
3 votes
Accepted

Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing widespread public safety issues?

I am not aware of any cases with a fact pattern at all like this in which there has been an injunction against an individual publicizing accusations against a company. In each of the cases Bosley ...
David Siegel's user avatar
3 votes
Accepted

To which court can you file an interlocutory appeal from a superior court in California?

Interlocutory appeals are very rarely permitted at all. The advisability of even considering bringing one depends on the nature of the issue involved. Appeals From State Courts To The Federal Courts ...
ohwilleke's user avatar
  • 213k
3 votes

Is a Restraining Order or an Injunction Dropped in a Medical or Other Emergency

In the third of your sources (Harassment act, section 5), near the end, it says: If the defendant breaches an order under section 5 or 5A of the PHA 1997 without reasonable excuse, she/he will be ...
David Siegel's user avatar
2 votes

Is it legal to break into a property from which you are unlawfully evicted by the landlord while they are currently inside if you don’t threaten/harm?

According to the charity Shelter, this is a bit of a grey area and you would be best advised having local government or the police present before you try to regain entry, in order to avoid being ...
richardb's user avatar
  • 2,346
2 votes

Is there any legal recourse in the UK if an employee leaves with sensitive company information to a third world country?

You know you have legal recourse - your lawyers have advised you to budget £20,000 for it. You know the person you are targeting has no resources with which to reimburse you. You know enforcement will ...
Dale M's user avatar
  • 209k
2 votes

injunction & Affidavit

That would not "avoid" the injunction - it would lead to it being imposed uncontested.
Dale M's user avatar
  • 209k
2 votes

Where can I get example injunctions for inclusion in a pleading?

There really is no standard form for orders imposing injunctions. They are, in general, arguably the most customized documents in the entire legal system, because they are a court order to do or not ...
ohwilleke's user avatar
  • 213k
2 votes

Are community college instructors and students liable to the same anti-discrimination, Title IX laws as universities in the United States of America?

The primary question is who is liable for any discriminatory acts. The institution is clearly liable, but the individual instructor is not liable. The burden of compliance falls on the institution, ...
user6726's user avatar
  • 215k
2 votes

Are community college instructors and students liable to the same anti-discrimination, Title IX laws as universities in the United States of America?

Title IX Applies. So does Title VI The US Department of Justice (DoJ) has issued a Title IX Legal Manual. This reads in the section Scope of Coverage: Title IX prohibits, with certain exceptions, ...
David Siegel's user avatar
1 vote

Is a Request to Stay Case Pending Appeal Considered an Equitable Remedy in the USA?

canada Yes: "The remedy sought by the appellant [a stay pending appeal] is an equitable one. To be accorded such equitable relief, the applicant must come to the court with clean hands." ...
Jen's user avatar
  • 54.7k
1 vote

Is injunctive relief/money compensation guaranteed when a non-breaching party sues the breacher for violating any non-disclosure agreement?

Are those getting injunctive relief guaranteed compensation for violating a non-disclosure agreement (NDA)? No, unless the NDA has a legally valid liquidated damages agreement, and even then only in ...
ohwilleke's user avatar
  • 213k
1 vote
Accepted

In BC, Canada, may an adult seek & receive a Protection Order if the respondent is the mother of the petitioner but the parties do not live together?

Under the act, "child" means a person who is under 19 years of age (ignoring a complication about child support). The law covers households, not genetic relations, so the fact that Rita is ...
user6726's user avatar
  • 215k
1 vote
Accepted

Preclusive effect of federal declaratory judgment in state court criminal proceedings

A party files for declaratory relief in federal court requesting a state statute be declared unconstitutional (facially or as-applied) but chooses not to seek injunctive relief aimed at preventing ...
ohwilleke's user avatar
  • 213k
1 vote

Outline Planning application on my land

I am going to assume you are in England and Wales (because you use terms like outline planning permission and major matters reserved). If this is not correct, my answer may not apply. There is ...
Martin Bonner supports Monica's user avatar
1 vote

Contesting a harassment injunction and university action years later

I will assume a typical US university context, and as far as I know it does not matter whether it is a strictly private university versus a state-funded university. I assume he is a student ("...
user6726's user avatar
  • 215k
1 vote
Accepted

How do the courts distribute the details of Injuctions and Super Injunctions to media agencies

You have to be served; you cannot be in contempt of court unknowingly. Law of service is its own speciality but in general, the onus is on the beneficiary of the injunction (i.e. the person that ...
Dale M's user avatar
  • 209k

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