Examples & Explanations for Remedies by Hasen Richard L

Author:Hasen Richard L. [Hasen Richard L.]
Language: eng
Format: epub
Publisher: Wolters Kluwer
Published: 2017-07-06T16:00:00+00:00

10.4 CIVIL COMPENSATORY CONTEMPT

“Compensatory contempt is a money reward for the plaintiff when the defendant has injured the plaintiff by violating the injunction.” Doug Rendleman, Compensatory Contempt: Plaintiff’s Remedy When a Defendant Has Violated an Injunction , 1980 U. ILL . L. F. 971. In this way, compensatory contempt is more like damages than like an injunction. As Rendleman explains, “Courts utilize compensatory contempt to restore the plaintiff as nearly as possible to the original position.” Id . at 972. If that sounds familiar, it is because it mirrors the purpose of compensatory damages discussed in Part I of this book. The difference is that civil compensatory contempt looks at a more limited time frame, awarding only the measurable damages occurring between the time the court enters the injunction and the time the defendant complies with the injunction.

Thus, if Pnina fails to comply with the specific performance order and her delay in complying with the injunction costs Oscar $40,000 in lost profits, compensatory contempt allows Oscar to recover those lost profits. Unlike the other forms of contempt, the money here goes to the plaintiff, not to the court. It is also retrospective, based upon damages for the finite period between the time of the injunction and the contempt finding. It does not apply to damages incurred prior to the issuance of the injunction.

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