Section 8

Citation: Section 8
Parent Document: Park Village Apartment Tenants Ass'n v. Mortimer Howard Trust, 636 F.3d 1150 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-02-25
Original Source: https://www.courtlistener.com/opinion/205533/park-village-apartment-tenants-a... ↗

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Even if we agreed with the Dissent’s legal premise that the statutory “right to remain” includes an implied statutory right to certain housing conditions (which we do not), we would still be compelled to conclude that the district court abused its discretion. “The essence of equity jurisdiction is the power of the court to fashion a remedy depending upon the necessities of the particular case.” United States v. Odessa Union Warehouse Co-op, 833 F.2d 172, 175 (9th Cir.1987) (emphasis added). Under our case-specific approach, “we do not presume irreparable harm” simply because a defendant violates a statute that authorizes injunctive relief. See Small ex rel. NLRB v. Operative Plasterers’ & Cement Masons’ Int’l Ass’n Local 200, 611 F.3d 483, 494 (9th Cir.2010) (rejecting, in light of Winter, our prior holding that “once a likelihood of success is established, district courts are required to ‘presume irreparable injury’ ” in statutory enforcement actions (quoting Miller ex rel. NLRB v. Cal. Pac. Med. Ctr., 19 F.3d 449, 460 (9th Cir.1994) (en banc))); cf. Mac’s Shell Serv., Inc. v. Shell Oil, — U.S.-, 130 S.Ct. 1251, 1263 & n. 12, 176 L.Ed.2d 36 (2010) (discussing 15 U'.S.C. § 2805(b)(2)(A)(ii), a statute that “substantially relaxes the normal standard for obtaining preliminary-injunctive relief’). Rather, we must determine whether, “[o]n the facts of this case,” an injunction is warranted. Winter, 129 S.Ct. at 375.

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