Because an injunction “prohibits conduct under threat of judicial punishment, basic fairness requires that those enjoined receive explicit notice of precisely what conduct is outlawed.” Under this standard, we have held injunctions to be too vague when they enjoin all violations of a statute in the abstract without any further specification, or when they include, as a necessary descriptor of the forbidden conduct, an undefined term that the circumstances of the case do not clarify.
Indeed, we must always apply the fair notice requirement “in the light of the circumstances surrounding entry: the relief sought by the moving party, the evidence produced at the hearing on the injunction, and the mischief that the injunction seeks to prevent.”
Why is Philip Morris International, But Not Anti-Tobacco Groups, Urging
Smokers to Quit by Switching to Much Safer Products
-
Taylor Millard has written a very nice piece at *Inside Sources* which
reports the results of a new survey showing that a tragically low
percentage of ph...
2 days ago