Emergency Injunction - State or Federal

[riffwraith]

My question involves court procedures for the state of: CT

Hi

I think I want to file an Emergency Injunction against a company who's business resides in a state other than my own, where that business has a presence in my state.

Do I file in State court, or Federal?

Thanks in advance.

[adjusterjack]

State court if the business has substantial presence in your state. If not you are likely to have to file in the state where the business is located.

If you are in CT, here's the applicable law:

https://law.justia.com/codes/connect...ection-52-59b/

I'm guessing that federal court would not have subject matter jurisdiction but you haven't said what the matter is all about.

[flyingron]

Understand that injunctions, especially emergency ones, aren't particularly easy to get. You have to show that you have to show you will be likely to prevail on whatever civil issue you have, that failure to have the injunction imposed will have irrevocable harm on you, and that there is no other remedy that will suffice other than the injunction.

[pg1067]

I think I want to file an Emergency Injunction against a company who's business resides in a state other than my own, where that business has a presence in my state.

Do I file in State court, or Federal?

For starters, you cannot "file an . . . injunction" at all -- in any court. Only a judge/court can file an injunction. You can file a lawsuit that seeks an injunction and file a motion for a preliminary injunction if warranted by the relevant facts. As far as an "emergency injunction," you'll have to explain exactly what you mean by that. Whether it would be appropriate to do that in state court or federal court depends on a number of factors, including what cause(s) of action you might allege.

State court if the business has substantial presence in your state. If not you are likely to have to file in the state where the business is located.

You're (sort of) addressing personal jurisdiction, but the issue of state court versus federal court is one of subject matter jurisdiction. As you noted, since the OP told us nothing about the nature of his/her claim, the amount in controversy, and why he/she wants an injunction on an emergency basis, we can't even to begin to address the questions asked.

[riffwraith]

Thanks.

For starters, you cannot "file an . . . injunction" at all -- in any court. Only a judge/court can file an injunction.

For the record, this contradicts with what I was told by a court clerk.

Here's the (somewhat complicated) story. I sold an item on Reverb to a person in China. Recourse for him if I do not hold up my end of the bargain is good; little if any recourse for me if something happens the other way around. The sale was for $4k, plus shipping.

The item is shipped, received, and positive feedback for me was left. Three weeks later (within the time frame for Reverb's return policy for damaged items), I get an email from the buyer that there is an issue with the unit. After a couple of back and forths, he sends a video depicting the problem, and I see it, but that was not happening 30 sec before I placed the unit in the box. Did something happen in shipping? Not impossible, but highly unlikely, as the shipping boxes (it was dbl-boxed) showed no signs of damage, nor did the unit itself. It was a problem with the electronics inside. The way the item was packed, with all of the foam and cushioning, the chances that the issue is due to impact are slim to none.

While I am talking to the buyer, I am having a convo with Reverb about this, and they are not taking sides, but wanting to resolve the sit. I told Reverb I was willing to work with the buyer to try and resolve the issue.

That was over a month ago. I have not heard anything since, until I get an email from Reverb last week saying the buyer has been refunded. No warning, no other conversation - just a stock, impersonal email saying that a refund was issued.

WTF???

Come to find out - via a convo with the owner of the company that manufactures the unit - this guy has TWO of these units. Apparently, he had already contacted the manufacturer about a repair. The company owner gave me both serial #s - one is from the unit I sold and sent, and then another serial, which I have not seen before. The buyer does not know I have this info, nor did Reverb at that time (they do now). I am thinking that this guy is not going to ship me back the unit I sent to him, but that he would instead send me the other unit. And then what? So, I was thinking I would try to get a court to put the brakes on this, and temporarily stop Reverb from giving the buyer the go ahead to ship back, until, well, something.

Turns out, that although the buyer initially went to Reverb to get the refund, he ultimately went to his CC company, who wound up siding with him. I had no idea this was in play, until after it was already done. Reverb is taking care of the refund, so it's not on me (I am shocked), and I have no burden, nor anything to worry about. Thing is - Reverb didn't tell me that. The email was:

Hi Jeff,

A refund for the XYZ has been issued to the buyer for $4,190.00.

And that was it. How am I supposed to know, from that email, that Reverb is taking care of the refund?

BTW - the fee here in CT for a temp inj, is $380. Ouch.

Cheers.

[flyingron]

Cool story, Bro. What makes you think you've got a case for an injunction?

[riffwraith]

Cool story, Bro.

Can't tell if that was sarcasm or not.

What makes you think you've got a case for an injunction?

What makes you think I don't?

[Mark47n]

Since you are the one calling for an injunction, which requires a court order and a judge, you are the one that must convince the judge that you will sustain irrevocable harm so us trying to convince you, with incomplete details that only you supplied, that you don't have a case is not going to happen. I would recommend that your time here would be better spent trying to convince us that you do have that case.

All of that said, has Reverb approached you for reimbursement of the refund? If not, there is no case for an injunction. Also, since CT's small claims court's upper limit is $5K that would be a better place for this dispute if a dispute arises. IF this goes to big boy court it could cost you more than the refund.

You're going only on supposition regarding which unit failed since you have no other information other than being told it failed. Things break right out of the box, sometimes, and that includes solid state electronics. You're assumption that the end user is going to try and screw you says more about you than them. You know what they say about assumptions, right?

Based on what you've posted nothing has happened so you don't have a case. No claim that you owe monies Reverb, no proof that the end user is trying to screw you (the EU isn't even in the picture, anyway). You have you have no cause to enjoin anyone to do, or not do.

So, convince us that there is a case. Tell us why you should preemptively enjoin Reverb. If you can't do that then what would you tell a judge...because you will have to tell it to the judge eventually.

[pg1067]

For the record, this contradicts with what I was told by a court clerk.

Cool. Court clerks often don't know what they're talking about. They also sometimes use shorthand terminology that isn't legally accurate (just as a lot of folks, including some lawyer, do). But the clerk is still wrong if he/she told you that you can file an injunction. An injunction is a court order that either prohibits someone from doing something or mandates that someone do something. For example, an injunction might order a party to stop contacting customers of some other party based on a non-compete agreement. This being the case, it should be obvious that a party cannot "file an injunction." Rather, a party can ask for an injunction. Sometimes, folks will refer to this as "filing an injunction," but that's not legally accurate.

Here's the (somewhat complicated) story.

So...against whom are you seeking an injunction and for what are you seeking it? No court in the U.S. is likely to have personal jurisdiction over your Chinese buyer and, even if jurisdiction did exist, nothing in your post suggests you have any basis for seeking an injunction. If you're talking about the online sale site, you're going to need to review to the site's terms and conditions because it certainly has a lot to say about how disputes should be resolved.

What makes you think you've got a case for an injunction?

What makes you think I don't?

That's a great legal strategy. Will you employ that in front of a judge? "So, Mr./Ms. riffwraith, what makes you think you've got a case for an injunction?" "What makes you think I don't, your honor?"

As a potential plaintiff, the burden is on you to establish your entitlement to whatever remedy you seek, and (not to speak for "flyingron") the reason he/she thinks you don't have a case for an injunction is that nothing you've posted suggests you do.

You obviously have no obligation to convince anyone here of anything, but you're the one who came here looking for assistance, so copping an attitude with us is not going to be conducive to getting that assistance.

[riffwraith]

Attitude? I am not the one with the attitude.

As I stated in my summary, the issue is resolved. I was asking about the inj. prior to that happening.