Tomorrow the Supreme Court docket will hear oral argument in Starbucks Corp. v. McKinney. Learn extra on this piece at ScotusBlog by Ronald Mann. The query considerations the usual for injunctions sought by the NLRB.
Here’s a notice from the forthcoming version of Ames, Chafee, and Re on Cures, my casebook with Emily Sherwin:
NOTE ON GOVERNMENT PLAINTIFFS IN EQUITY
Does it matter that the plaintiff is the federal government? Or do the identical equitable powers and limitations apply? Cf. Nationwide Labor Relations Board. v. P*I*E Nationwide, Inc., 894 F.second 887, 893 (seventh Cir. 1990) (Posner, J.): “The issuance of an injunction is the train of an equitable energy, and is topic to the equitable constraints which have developed over centuries in recognition of the heavy prices that injunctions can impose (together with prices to harmless third events) and the potential severities of contempt. . . . The ideas of equitable jurisprudence should not suspended merely as a result of a authorities company is the plaintiff.”
