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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In Indiana are there precedents of plaintiffs winning not only

Customer Question

In Indiana are there precedents of plaintiffs winning not only monetary damages but also restraining orders concerning defamation of character ? Also, are there precedents for a group or class of plaintiffs filing together and winning their suits ? Thank you !
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

First, defamation is a personal tort, which means that is found on an individual basis not really a group basis, although there may be multiple plaintiffs in a suit. This means the court has to find defamation as to each of the plaintiffs.

Yes, the court can award both monetary relief and injunctive relief in a defamation suit and it is discretionary to the court based on whether or not the court finds the monetary relief would be a complete remedy to resolve the dispute. The Indiana Courts hold that although mere economic injury generally does not warrant the grant of a preliminary injunction, the trial court has a duty to determine whether the legal remedy is as full and adequate as the equitable remedy. Jay County Rural Elec. Membership Corp. v. Wabash Valley Power Ass'n, Inc., 692 N.E.2d 905, 909 (Ind.Ct.App.1998), trans. denied. A legal remedy is not adequate merely because it exists as an alternative to an equitable from of relief. Porter Mem'l Hosp. v. Malak, 484 N.E.2d 54, 62 (Ind.Ct. App.1985), trans. denied. Instead, injunctive relief will be granted if it is more practicable, efficient, or adequate than that afforded by law. Id. A legal remedy is adequate only where it is as "plain, complete and adequate-or in other words, as practical and efficient to the ends of justice and its prompt administration—as the remedy in equity." McKain v. Rigsby, 250 Ind. 438, 237 N.E.2d 99, 103 (1968).

In order to obtain the preliminary injunction, plaintiff is required to show irreparable injury. Tilley v. Roberson, 725 N.E.2d 150, 154 (Ind.Ct.App.2000). Although a party seeking a preliminary injunction must show irreparable injury, this requirement does not demand that the party point to specific losses. Norlund, 675 N.E.2d at 1149. If a party seeking equitable relief could point to a specific dollar amount of losses, then a remedy at law would be sufficient. See id. However, if the Plaintiff can show that the monetary award is not sufficient to make them whole, the injunctive relief can be awarded as well.

 




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