USA Law and Practice Contributed by: Courtney Scobie, Jack Edwards and Andrea Whitley, Ajamie LLP
national law govern the recognition and enforce- ment of foreign judgments and injunctions, and the process can be intricate and subject to the legal procedures of the foreign jurisdiction. 6.6 Third Parties and Injunctive Relief Third-party injunctive relief is a legal remedy used to compel or restrain the actions of indi- viduals or entities that are not directly involved in the underlying dispute between the primary parties (plaintiff and defendant). Injunctive relief can be obtained against third parties under the following circumstances. • Aid and abetment or conspiracy – third par- ties may be subject to injunctive relief if they are found to have aided, abetted, or con- spired with a defendant in wrongdoing. • Successor liability – third parties can be sub- ject to an injunction if they have acquired the assets or liabilities of a defendant who has been ordered to comply with an injunction. • Vicarious liability – third parties may be subject to an injunction if they have vicari- ous liability due to their relationship or control over the defendant. • Common enterprise – third parties who are part of a common enterprise or venture may be subject to an injunction if the enterprise’s actions have violated the law and the relief is necessary to remedy the situation. 6.7 Consequences of a Respondent’s Non-compliance If a party fails to comply with the terms of an injunction, there can be significant legal conse- quences, including the potential to be held in contempt of court. Contempt of court is a legal finding that the non-complying party has wilfully and knowingly violated a court order. Civil con- tempt is intended to compel compliance with the court’s order.
The court may issue sanctions, fines or other coercive measures to ensure the party complies with the injunction. For severe or wilful violations, the court may issue criminal contempt charg- es. This can result in penalties such as fines, probation or even incarceration. The court may issue further injunctions or remedies to enforce compliance with the original injunction. This can include orders for specific performance, addi- tional injunctions, or orders to cease and desist from particular actions. In extreme cases, the court may authorise the seizure of assets to sat- isfy any financial penalties or damages awarded as a result of the non-compliance. Trials in the USA typically involve a combination of oral argument, witness and expert testimony, and written submissions. A trial usually begins with an opening statement by an attorney for each side. Witnesses for the plaintiff then testify, followed by witnesses for the defendant. Witness testimony is a funda- mental component of a trial. Witnesses testify under oath and each side has the opportunity to cross-examine witnesses. During witness tes- timony, documents and other exhibits may be admitted into evidence. Each side usually calls a combination of fact and expert witnesses. 7. Trials and Hearings 7.1 Trial Proceedings Cases typically involve pre-trial and post-trial hearings, which involve many topics, including: • case management issues; • the admissibility of certain exhibits, topics or witness testimony; • jury instructions; and • the entry of a final judgment.
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