Dallman v. Ritter

2 Citing briefs

  1. Phillips et al v. LuckyGunner, LLC et al

    MOTION to Dismiss for Failure to State a Claim

    Filed October 22, 2014

    Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 156-57, 130 S.Ct. 2743, 2756 (2010).10 It has long been the law in Colorado that an injunction is an extraordinary and discretionary equitable remedy that becomes available when there is no adequate 10 The formulation for a permanent injunction under Colorado decisions is: (1) actual success on the merits; (2) irreparable harm will result without an injunction; (3) the threatened injury outweighs the harm that an injunction may impose on the opposing party; and (4) an injunction will not adversely affect the public interest. Dallman v. Ritter, 225 P.3d 610, 621 n.11 (Colo. 2010). At the same time, one of the elements for a preliminary injunction is the absence of a “plain, speedy, and adequate remedy at law” and with the exception of likelihood of success versus actual success, the legal criteria and analytical process for preliminary and permanent injunctions “are essentially the same.”

  2. Phillips et al v. LuckyGunner, LLC et al

    MOTION to Dismiss Purusant to Fed. R. Civ. P. 12

    Filed October 16, 2014

    12 Colorado law requires a plaintiff to establish the same elements to obtain injunctive relief. Dallman v. Ritter, 225 P.3d 610, 621 n. 11 (Colo. 2010). 13 These allegations are made only in Plaintiffs’ public nuisance count.