Also known as: extraordinary remedies · extraordinary writ · extraordinary relief
Written by attorneys · grounded in primary & secondary sources — see below
A remedy such as mandamus or habeas corpus that a party may obtain only when necessary to safeguard a right that ordinary legal or equitable remedies cannot protect. Courts sometimes classify preliminary injunctions as extraordinary remedies because they require a showing that monetary damages or other standard relief would be inadequate.
Ewan Eckhart, a limited partner in a venture, sued the general partner for self-dealing and moved for a temporary restraining order to freeze disputed distributions. The court granted the order after finding that ordinary damages would arrive too late to prevent irreparable loss of partnership assets. The extraordinary remedy preserved Ewan's information rights and prevented dissipation before trial.
Edith Eberhardt and an environmental group sought a preliminary injunction halting naval sonar exercises claimed to harm marine mammals. The district court applied a lenient possibility standard and granted relief. On review the Supreme Court reversed, holding that a preliminary injunction is an extraordinary remedy requiring a likelihood of irreparable injury rather than a mere possibility.
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Erika Echevarria, a newspaper reporter, petitioned for extraordinary relief after a trial judge closed a rape trial to the public under a state statute. The petition challenged the closure as violating the First Amendment. The Supreme Court ultimately struck down the mandatory closure rule, treating the writ as the proper vehicle for immediate review of the access denial.
Emily Ellis sued Gulf Oil in New York for a warehouse fire that occurred in Virginia. Gulf moved to dismiss on forum non conveniens grounds, arguing the case belonged in Virginia. The Supreme Court upheld the dismissal, noting that the doctrine functions as an extraordinary remedy invoked only when the chosen forum imposes undue inconvenience and another adequate forum exists.
Emma Erickson and other steel companies challenged President Truman's executive order directing seizure of their mills during a labor dispute. They sought injunctive relief claiming the order exceeded presidential power. The Supreme Court treated the request as invoking an extraordinary remedy and held that the President lacked statutory or constitutional authority to seize the mills.
Emanuel Escobar and Friends of the Earth sued a wastewater plant for permit violations and sought injunctive relief to stop ongoing discharges. The defendant argued the case was moot because violations had ceased. The Supreme Court held that the request for injunctive relief remained live because the extraordinary remedy of an injunction could still redress the threat of future harm.
A court grants an extraordinary remedy only when ordinary legal or equitable relief cannot adequately protect the right at stake. Black's Law Dictionary states that remedies such as mandamus or habeas corpus are unavailable unless necessary to preserve a right that standard remedies cannot protect. In nuisance cases, for example, an injunction is considered extraordinary and requires the court to compare the adequacy of damages against the effects of injunctive relief.
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Courts sometimes classify preliminary injunctions as extraordinary remedies because they are never awarded as of right and require a showing of likelihood of irreparable injury. The Supreme Court has emphasized that a preliminary injunction demands balancing the equities and considering the public interest rather than a mere possibility of harm.
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Related misconduct by the plaintiff can lead a court to deny an injunction even when a nuisance or other tort is proven. Equity examines the conduct of both parties, and a plaintiff's prior acceptance or encouragement of the challenged activity may count against granting the extraordinary relief.
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…power is addressed are always to be considered when the exercise of power is challenged. Extraordinary conditions may call for extraordinary remedies. But the argument necessarily stops short of an attempt to justify action which lies outside the sphere of constitutional authority. Extraordinary conditions do not create or enlarge…