Both private parties and local governments may invoke an affirmative defense of good faith to retrospective monetary liability under 42 U.S.C. The two most common equitable defenses are unclean hands and laches. Mitchell v. Los Angeles Cnty. 0000001087 00000 n For example, if a defendants conduct was inadvertent or done in reliance on bad advice, stipulating to a TRO might help the defendant to minimize the consequences of the action in the litigation. A plaintiff has the best shot at obtaining a TRO where the defendants conduct truly offends the court and where the admissible evidence in support of the TRO is credible and overwhelming. Practical Strategies for Defending ADA Website Accessibility Claims *Wh8vvTT!""3a !U!v},)2C@)WO$WwZp%d_< by Robert J. Fleming. There are many defenses to evaluate before filing a motion for a TRO or a preliminary injunction. Many courts are reluctant to consider and grant ex parte motions for a temporary restraining order, except under the most extreme and exigent circumstances. endobj ), [A]n injunction or restraining order shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise., [N]o restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. ADVANCED CIVIL TRIAL . stream The party asserting the affirmative defense of accord and satisfaction must establish that the parties mutually resolved the dispute in the new contract which discharged all or part of their obligations under the original .
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