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· 5/10/1989

K-Mart Corporation v. Oriental Plaza, Inc.

Citations

  • 875 F.2d 907
  • 1989 U.S. App. LEXIS 14569
  • 1989 WL 47570

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that damage to real estate, because of its inherent uniqueness, constituted irreparable harm
  • upholding order for demolition of completed building and discussing the circumstances when equitable relief of that nature may be appropriate
  • discussing “unclean hands\ doctrine in relation to the equitable maxim that \he who comes into equity must come with clean hands of necessity gives wide range to a court's use of 'discretion to withhold punishment of behavior’ which it considers not to warrant so severe a sanction.”
  • “District courts have broad discretion to evaluate the irreparability of alleged harm and to make determinations regarding the propriety of injunctive relief.”
  • party seeking to invoke laches should not “call ... attention to [its] left hand while surreptitiously pocketing the family jewels with [its] right hand”
  • \District courts have broad discretion to evaluate the irreparability of alleged harm and to make determinations regarding the propriety of injunctive relief.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Selya, Caffrey

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.