Injunctions are a powerful legal remedy, particularly in Intellectual Property and Commercial cases, which are a focus of this blog. This topic raises the issue of how injunction rules are applied / stretched to address a particular situation.
Gang injunctions appear to be an exception to most of the traditional injunction rules, which are (supposed to be) time tested equitable principles from English Common Law. Traditional injunctions were supposed to be difficult to obtain and were to address only specifically identified issues in as narrowly tailored a means as possible to avoid irreparable harm, they require a bond by statute and by court rules, and allowed the enjoined party to move to dissolve the injunction. The reference above to “narrowly tailored” is actually borrowed from constitutional principles that apply to statutory laws that infringe on American freedoms, however, here it is also a principle that applies to injunction orders.
In cities across America, local governments are imposing “teen” curfews, and taking steps intended to protect our youth and others from danger. Continue reading “Tracking (Controversial) Gang Injunctions”