Section 11-721

Citation: Section 11-721
Parent Document: Brown v. Pearson (2020)
Jurisdiction: DC (municipal)
Effective Date: 2020-04-02
Original Source: https://www.courtlistener.com/opinion/4741602/brown-v-pearson/ ↗

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Cir. 1994) (“[E]ven where a harm could be remedied by money damages at
judgment, irreparable harm may still exist where the moving party’s business cannot
survive absent a preliminary injunction or where ‘[d]amages may be unobtainable
from the defendant because he may become insolvent before a final judgment can
be entered and collected.’” (quoting Roland Mach. Co. v. Dresser Indus., Inc., 749
F.2d 380, 386 (7th Cir.1984))); Hoxworth v. Blinder, Robinson & Co., 903 F.2d 186,
206 (3d Cir. 1990) (“[T]he unsatisfiability of a money judgment can constitute
irreparable injury . . . .”).
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          See Davis, 456 A.2d at 827 (plurality opinion) (“[I]n determining whether
a tenant should be permitted to make a late payment or a partial payment, the trial
court must recall ‘that the Constitution expressly protects against confiscation of
private property or the income therefrom.’” (quoting Lindsey v. Normet, 405 U.S.
56, 74 (1972))); Mahdi v. Poretsky Mgmt., Inc., 433 A.2d 1085, 1089 (D.C. 1981)
(“Turning first to Landlord, the effect on his position of not striking Tenant’s
pleadings has previously been discussed. If this litigation is permitted to continue
with no funds in the registry and with Tenant on the premises, Landlord will not be
in a position to rent the unit to a paying tenant. He will continue to be deprived of
funds which he may well need to pay his mortgage, to maintain other tenants’
apartments, and for other appropriate purposes. Such deprivation might well
constitute the kind of confiscation against which the Court warned in Lindsey . . . .”
(quoting Arthur E. Morrisette Real Estate v. Hunt, 109 Daily Wash. L. Rptr. 901
(D.C. Super. Ct. April 8, 1981))).
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