Course Outline

Emergency Relief and Equitable Remedies - Fall 2012

Course Day, Time, & Location

Monday nights, from 5:50-8:30 pm in Room 631. The last day of class will be Monday, November 3, 2012.

Office Hours

Wednesday or Thursday from 5 - 7 pm by appointment.

Grading

Class participation and attendance (10%)

First writing assignment (Motion for TRO) (20%)

Oral argument of First Assignment (20%)

Second writing assignment (Motion Preliminary Injunction) (25%)

Oral argument of Second Assignment (25%)

Week 1 - Overview of Equitable Relief/Types of Relief/Standards/Defenses (Monday, August 27)

A. The Basics of Equitable Relief

1. What is equitable relief and how is it different from other types of relief?

2. Examples of equitable claims/relief

a. Injunctions

b. Specific Performance

c. Rescission/Reformation

d. Constructive Trusts/Equitable liens

e. Accounting

3. Cases/claims where equitable relief may be available or often arises

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breach of contract

non-compete/non-solicitation

IP - trademarks/copyright/patent

B. Types of relief & standards

1. Mandatory Injunctions (commands to do something)

2. Negative Injunctions (commands not to do)

C. Forum

1. Federal Court

a. Can you remove?

2. State Court

a. Distinctions in Illinois Court - Chancery Divisions/Judges

3. Arbitration

D. Differences between Federal & State Courts

1. Changes of judge

E. Timing for obtaining equitable relief.

1. How quickly do equitable claims go stale?

2. The element of surprise (if Plaintiff)

3. Possibility of delay (if Defendant)

F. Temporary Restraining Orders vs. Preliminary Injunctions (minor and major differences)

1. TROs are generally more urgent

2. No discovery on a TRO vs. Expedited discovery on a Preliminary Injunction

3. TRO consists sole of argument, while there is often an evidentiary hearing for a preliminary injunction.

G. Defenses to equitable relief.

1. unclean hands, unconscionability, laches, duress, estoppel, impossibility/impracticability, and waiver.

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Week 2 - Drafting Fact Statements (Monday, September 10)

A. How to draft a temporary restraining order brief.

1. Requirements

2. Key sections

3. Support

B. Discussion of 1st Assignment

1. Discussion about how to draft facts persuasively.

2. Discussion about drafting arguments persuasively and use of case law.

C. Distribution of factual material for first writing assignment.

1. Discussion about source of factual information for TRO.

2. Gathering information for a TRO.

Week 3 - Drafting the TRO Brief (Monday, September 17)

Drafting Workshop. Each student can schedule time to talk about their draft and any questions.

Week 4 - How to Orally Argue a TRO (Monday, September 24)

A. How to orally argue a temporary restraining order.

Week 5 - Oral Argument of 1st Assignment (Monday, October 1)

A. Draft TRO briefs DUE

Week 6 - Drafting Preliminary Injunction Briefs (Monday, October 8)

A. Differences between a TRO and a Preliminary Injunction.

B. How to draft a preliminary injunction motion/brief.

1. Discussion about how to draft facts persuasively.

2. Discussion about drafting arguments persuasively and use of case law.

C. Preliminary Injunction hearings.

D. Distribution of factual material for second writing assignment.

E. Assignment - Drafting Motion for Preliminary Injunction

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Week 7 - Drafting Workshop (Monday, October 15)

Drafting Workshop. Each student can schedule time to talk about their draft and any questions.

Week 8 -Continue Drafting (Monday, October 22)

Students can submit drafts and discuss those at scheduled times, or use this week to continue working on their briefs.

Week 9 - Appeals & Bonds and Compliance/Contempt (Monday, October 29)

A. Relief from Injunctions

1. Appeals

2. Stays

B. Bonds

1. civil cases

2. criminal cases

C. Compliance with injunctions

1. Monitoring

2. Contempt (elements/proof)

a. Direct vs. Indirect

b. Civil vs. Criminal

D. Dissolving injunctions

1. Expiration/limits on TRO

E. Discussion about Preliminary Injunction hearings and arguments.

F. Permanent injunctions.

Week 10 - Oral Argument of 2nd Assignment (Monday, November 3)

A. Motion for Preliminary Injunction DUE

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