affirmative defenses to injunctive relief affirmative defenses to injunctive relief

A .mass.gov website belongs to an official government organization in Massachusetts. Before they will grant a TRO, most courts require that the moving party establish by credible, admissible evidence that the plaintiff has a right that requires protection, the plaintiff has a likelihood of success on the merits, the plaintiff will suffer irreparable harm if the application for a TRO is denied, and the plaintiff has no adequate remedy at law. Statute of limitations bars Plaintiff's claim (s). (b) Defenses; Admissions and Denials. =;,G/ad'O+7{a_6Z_`]@O\O"up=vS_r7!#+N\93@f^0vxCN3 4_z3XbMAY;EgLz}- 9*#}xOWPO4^8Q[z%iL4Oy y%/jqR}]}m9W`^ncbOnyL[]t=]`VO7z[ H={%uBb;}nnAQ_ 0}+? David will also present this topic at the course's location in . nO?`nBV$q'I)22{f]h This is always one of the first defenses you look for in every case. /O 32 PDF How to Best Avoid or Defend an ADA Drive- By Lawsuit Courts, however, are reluctant to grant TROs when there are disputed facts that cannot be resolved on the papers. Definition. Denied. /Type/Page \)~o`Mkz|{~Wh)+o 0(OEA!E67 }ou/ m{"!0_kGbi?NC !nuD0Z]_2R-q#74gKzgSp"a|NkY?N)3xSA:~pJ_U'3_hN;_h!=8iL_SWw~"?WoY?d1_?o]kmvmmmmmafU}"?_c#_)___q?Z___\k_|__j_[Z}U____U_U_WU__r___w__]ommvmnmmmmZ___Ok#_5m=5|DDC^G^"""j"CErS @Oh3CM< {O%qC:RyDHqCyoM\9B2]xkko;rW9G}P[E1iMUaL&KCL b#_kZ0"I}Oh__2mec_Ax3gqg-H`s@` m!6H Injunctive Relief. for Civil It is not unusual for injunctive relief cases to improve over time if patience is exercised in waiting for evidence of suspected nefarious conduct to bubble up in multiple places. }9Ai6M.v/o{/ny ?mzY|~H?:7ibv]oxi/o[4=H4l/e fH &RfT\ b`gcLN$vV&=a0 0RD/3E!KVxZaD_blRR00?Zdaa0t>[$DVOtA&(nPa:xAON'?!%A0OvJ~.0 \Wa4(k#m\1:~8O%mMt ,9:M[Iz_Nz _P|O_)l"+\tvl6]JVi$ M)4l*kQ[41 _ ahDB?2kGgDG}2 Unclean hands is a defense to a breach of contract claim under New York law when the plaintiff seeks equitable relief. Any allegation not specifically admitted herein is denied. 1981a (b) (3). /N 10 Courts also will not enjoin other courts or issue injunctions if there is statutory preemption. Due to its coercive force, a grant of injunctive relief is subject to immediate review by an appellate court. There are often differences between federal and state courts concerning whether a TRO can be appealed. ), [A]n injunction or restraining order shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise., [N]o restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. For example, sometimes an employer might learn that a former employee has gone to work for a competitor and might suspect that the former employee is soliciting the employers customers in breach of a noncompetition or non-solicitation covenant (or both). ?e63.1p22?Aa}aPk"Apv{_oUOK4?l,;|":eGOok_{u'fV abg 1A;Aky5 /Resources <>/XObject<>>> whether or not further relief is or could be claimed. A party against whom a cause of action has been asserted by complaint, cross-claim, counterclaim, or third-party claim must assert in a responsive pleading the defenses the party has against the claim. When deciding whether to file for injunctive relief, you should evaluate venue and jurisdiction. 30 0 obj 119). (2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense. 32 0 obj 18 0 obj Defense counsel should also plan for expedited depositions of the moving partys witnesses and any third parties whose testimony or documents will be essential for the defense at the preliminary injunction hearing. For full print and download access, please subscribe at https://www.trellis.law/. 98 Practical Strategies for Defending ADA Website Accessibility Claims An example would be that the defenses used in . AH/B . x]],m}H[%A fAlUb~?(?-#7~~w? The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. (Defendants made this assertion in their motions rather than a responsive pleading. Temporary Injunction - Florida Litigation Guide :4H_Y+/\z4I+$M,M ce$ 2gYe8 yR[AS QD\eLWpg;,J'HoT^n07 m2GtIKb xe!IKoDt+inHYS&HtH$r9;N~(m %`lreK7ni5h$Y&(k. Ks"8=Hr+@zS}`[HmhNMdvNZ`[_=MNfAZR`"]ZIGjnZh gI.-T3V HH@:]4J!lT UTfKfYjd /]a7V{z[{]9pCzhdg,V+#) &+6ko+1rG Yi Please let us know how we can improve this page. Even if a plaintiff seeks only injunctive relief, a state that has not waived its Eleventh Amendment immunity cannot be sued in its own name under 1983. SsmY$Ir},~:lh;0JTl,HpJ( 609 (1980), [W]hen asked to grant a preliminary injunction, the judge initially evaluates in combination the moving partys claim of injury and chance of success on the merits. -- F.R.C.P. << /Pages 28 0 R /Type /Catalog >> Carefully plan for the preliminary injunction hearing before filing a motion for a TRO. R. Civ. affirmative defenses to injunctive relief - Reya's Room Before filing a motion for a temporary restraining order (TRO) or a preliminary injunction, the most critical thing to consider is the quality of the supporting evidence. xcbdg`b`8 $ FcwuHH9 Jc`b4 RH1 "_ << The decision to grant or deny a preliminary injunction rests with the sound discretion of the court, and it will be overturned on appeal only for an abuse of discretion. 0000051118 00000 n We are here to help you with your legal information needs. Both private parties and local governments "may invoke an affirmative defense of good faith to retrospective monetary liability under 42 U.S.C. Unconscionability as a Sword: The Case for an Affirmative Cause of 1331 and 1343. The filing of a lawsuit alone can in some cases deter further wrongful conduct. The same due diligence standard that applies to plaintiffs counsel before filing a motion for injunctive relief applies equally well to defense counsel. stream Clearly it could: the equitable defense of unclean hands was asserted in an effort to avoid the equitable remedy of injunction. DOC WHAT DOES EACH OF THE AFFIRMATIVE DEFENSES MEAN - California Breach of Contract Defenses: New York | Practical Law If you need assistance, please contact the Trial Court Law Libraries. Specific performance is an equitable remedy that, under Florida law, is effectively the same as, and synonymous with, injunctive relief. Defense counsel often file motions to dissolve TROs and preliminary injunctions on the grounds, for example, that the TRO was wrongfully issued, that circumstances supporting the TRO have changed, or that the TRO caused substantial damage to the enjoined party. 214. Injunctions | JM | Department of Justice 31 0 obj 19 0 obj JtEH{Gzh)arzz LVqkLn$i-5p4u([JAR _No~>{ de[Dvm3! 0000001087 00000 n When a person obtains a trade secret improperly (such as by theft, bribery, or breach of a confidentiality agreement) or publishes it, knowing that someone else acquired it improperly, he or she has "misappropriated" the trade secret. The Ninth Circuit applies a five-factor test to determine whether a government entity is a state agency for Eleventh Amendment purposes: (1) whether a money judgment would be satisfied out of state funds; (2) whether the entity performs central governmental functions; (3) whether the entity may sue or be sued; (4) whether the entity has the power to take property in its own name or only the name of the state; and (5) whether the entity has the corporate status of a state agency. California Antitrust Law: Everything You Need to Know - UpCounsel v'f:fn}^z:}%D3+YH! +'-)V$"H*qD#?4\`:P)!~AP@p{ |31=aM&yzw{%Rslz%wAJzNy(a! 1983, where they acted in direct reliance on then-binding Supreme Court precedent and presumptively-valid state law." Danielson v. injunctive relief Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. 213.32.24.66 Answer & Affirmative Defenses - TO AMENDED COMPLAINT FOR DECLARATORY P. 65, files this Response in Opposition to Plaintiff's Motion for Temporary Injunctive Relief and in support states as follows: INTRODUCTION Please remove any contact information or personal data from your feedback. PDF TEMPORARY INJUNCTIVE RELIEF IN TEXAS - The Fiduciary Litigator PDF Defendant'S Answer to Plaintiffs' Complaint for Declaratory and answer-affirmative-defenses-to-plaintiffs-complaint-for-injunctive-relief, Woodmont Homeowners Association Inc vs De Vahle, Michelle H. Consider the options and costs before moving for injunctive relief. Superior Court Rule 20, Individual case management and tracking, Massachusetts Superior Court Civil Practice Manual, Massachusetts Litigation Forms and Analysis, Massachusetts Practice Series, Procedural Forms Annotated, Handbook of Civil Procedure in the Massachusetts District Court. . Peace Officers Ass'n, 38 F.4th 68 (9th Cir. In 2017 and 2018, most claims have been initiated by the filing of lawsuits seeking injunctive relief (i.e., remediation of the websites) and counsel fees; the . Dist., 861 F.2d 198, 201 (9th Cir. A person subject to liability can also be a local governing body (see Waggy v. Spokane County, 594 F.3d 707, 713 (9th Cir. 214. ANSWER AND AFFIRMATIVE DEFENSES Parties and Jurisdiction IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA CIVIL DIVISION KEVIN LeBLANC and DARLENE LeBLANC, Plaintiffs, Case No. << /Type /XRef /Length 58 /Filter /FlateDecode /DecodeParms << /Columns 4 /Predictor 12 >> /W [ 1 2 1 ] /Index [ 16 26 ] /Info 27 0 R /Root 18 0 R /Size 42 /Prev 115871 /ID [] >> Where a moving party lacks sufficient evidence, defense counsel should vigorously point out the evidentiary infirmities. PDF Steven D. Olson, OSB No. 003410 Direct Fax: 503.972.3859 Direct Dial The chart below identifies the instructions for violations of particular federal rights to be used in conjunction with an elements instruction. Click to reveal endstream (c) Affirmative Defenses. Preparing for and Obtaining Preliminary Injunctive Relief Thus, plaintiff argued that because defendants failed to show that any of the other affirmative defenses that were the subject of their motion to strike or for summary judgment were proper, plaintiff was entitled to relief on those defenses. DEFENDANT'S RESPONSE IN OPPOSITION TO MOTION FOR TEMPORARY INJUNCTIVE RELIEF Defendant, Gaurav Pophaly ("Defendant"), by and through his undersigned counsel and pursuant to Fed. Affirmative Defense Checklist | Vondran Legal Indeed, the employer might have an incriminating email or two evidencing the former employees solicitation. 2019) (holding that public-sector unions could rely on good-faith defense to avoid liability for unlawful fees collected when binding precedent authorized such fees); see also Allen v. Santa Clara Cnty. 9.v!Ho47ma2xJomx` + vwmt=w('~aAm;o}&A6@B9OAI7WNKW=}=U?$nd]bO_MN_JO? }II&uo'^'voKHnkv }OWN Q>?Kz!6_O">2GuFhH}Ad_ToO}?k[P'' o:f{, vuCFK?M{o0;r_}?okua]#%Zn:ZzuJ;_mo][]a/l'a[:m~l}I5wjXUO &c4X_a4aMvXj6j5 +48j^ 0AlD`3 J-_MeL0H if`xl3b'| S This is an action for declaratory judgment pursuant to the Federal Declaratory 2010)). Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. You can email the site owner to let them know you were blocked. Temporary restraining orders and preliminary injunctions are often sought in noncompetition, non-solicitation, and theft of trade secret cases, as well as in cases involving the dissipation or destruction of assets or in trademark and patent litigation. You also need competent witnesses who can completely explain what the complex evidence is to a judge who might be inexperienced with the intricacies of computer forensics. (3) The purpose of a preliminary injunction is to maintain the status quo pending the outcome of . (Dkt. <> In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: accord and satisfaction; arbitration and award; assumption of risk; contributory negligence; duress; estoppel; failure of consideration; fraud; illegality; Courts also will not grant TROs based on affidavits that are based on hearsay, speculation, or information and belief. To succeed on a motion for injunctive relief, the evidence needs to tell a powerful story of wrongdoing and be credible, admissible, and substantial. Basics of a Trade Secret Claim | Digital Media Law Project - DMLP A . Affirmative Defenses to Complaint for Temporary Injunctive Relief, and states as follows: COUNT I TEMPORARY INJUNCTIVE RELIEF Admitted for jurisdictional purposes only. was filed By way of further answer. Woodmont Homeowners Association Inc, If you lack credible witness testimony and admissible documents to support interim injunctive relief, you should not file the motion. Top-requested sites to log in to services provided by the state. Outside divorce, most injunctions are negative. *Wh8vvTT!""3a !U!v},)2C@)WO$WwZp%d_< adequate+remedy+at+law+affirmative+defense | US Decisions | Law endobj Clement v. City of Glendale, 518 F.3d 1090, 1096-97 (9th Cir. The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the moving party has a substantial likelihood of success on the merits. An important point is that a party who is considering seeking equitable remedy must make sure they have a clean record and have not violated the law. DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Defendant, Steve Corsi, by and through his attorneys, for his answer to Plaintiffs' Complaint for Declaratory and Injunctive Relief states as follows: Defendant Corsi denies each and every allegation in Plaintiffs' PDF Section 1983 Litigation Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. An official website of the Commonwealth of Massachusetts. Coll. Many strategic considerations must be evaluated before seeking injunctive relief. Although as used in Rule 65, the terms "injunction" and "restraining order" literally imply restraint or inaction, it is clear that the rule also covers any order requiring affirmative action, the so-called mandatory injunction. 51-2013-CA-001811 v. PASCO TRAILS ASSOCIATION, INC., et al, Defendants. Denied. Injunctive relief, however, is not appropriate where the issues can be resolved through the ordinary trial and appellate process. ", Packaging Industry Group, Inc. v. Cheney, 380 Mass. Note: Statutory unfair competition differs from common law unfair competition in that the statutory cause of action: (1) extends to all unfair and deceptive business practices; (2) does not require the plaintiff to prove damage as a result of the defendant's actions; (3) does not require the plaintiff to prove there was any competition or rivalry endobj 2010) (holding that in order to be individually liable under 1983, individual must personally participate in alleged rights deprivation). Defense counsel also needs to be prepared to point out the absence of proof on the moving partys part. 213(1) (six years); see Roslyn Union Free School Dist. But see Instruction 9.7 (Section 1983 Claim Against Local Governing Body Defendants Based on RatificationElements and Burden of Proof) (addressing ratification and causation). (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief. You should not file a motion for a TRO without thoughtful consideration of all facts, documents, and testimony that will be needed for the evidentiary hearing at the preliminary injunction stage. <> "1Rg \HuP~2t8l,4a`abNjOq A:N%}$! /E 55048 Courts are less likely to grant a TRO if money damages are an adequate remedy for the defendants conduct. 42ND ANNUAL . 24 FOURTH AFFIRMATIVE DEFENSE 25 By conduct, representations and omissions, petitioners have waived, relinquished and 26 abandoned any claim for relief against respondents respecting the matters alleged in the petition 27 and complaint. No. Our Trial Court Law Libraries can help. 1. A court is more likely to go easy on a defendant who owns up to bad acts and works to prevent such conduct in the future. counsel, hereby answers the Complaint for Injunctive Relief ("Complaint") in the above-captioned action using the same paragraph numeration. Trademarks and Trademark Litigation: How to Protect Your Brand and authorizewe d the Association to seek injunctive relief to abate a violation of the declaration. See 1. Injunctions are less likely to be granted if they are mandatory and order a party to take affirmative action. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Title VII plaintiffs now may recover injunctive and other equitable relief, compensatory and punitive damages, and attorney's fees. H@MHZB$$]f`\B1oB:# An elements instruction should be used only in conjunction with a particular rights instruction appropriate to the facts of the case at hand. Sample Declaratory Judgment Response. /Info 29 0 R endobj Recovery of compensatory and punitive damages under Title VII, however, may not exceed certain statutory limits under 42 U.S.C. [90%qaBw*D(4N+exqhlUDxM?T`lQBq`# U Track Judges New Case, Woodmont Homeowners Association Inc Injunctions Affirmative relief by way of injunction is sought from time to time to advance major public interests or enforce governmental functions. Affirmative Defenses to the Entire Complaint: Failure to Establish Necessary Elements for Injunctive Relief. (1) In General. PDF Answer to Plaintiff'S Complaint for Injunctive Relief & Restitution Download PDF. Clients sometimes push lawyers to seek injunctive relief, not realizing the risks, procedure, burdens, costs, and ramifications. The feedback will only be used for improving the website. 2012 CACE 26987 (12) 100. See Owen v. Independence, 445 U.S. 622, 638 (1980) (holding that municipality may not assert the good faith of its officers or agents as a defense to liability under 1983). If key witnesses are beyond the subpoena power of the court or unable to travel to court for the preliminary injunction hearing, a lawyer might find it impossible to meet the burden of proof. Seaboard Oil Co. v. Donovan, 99 Fla. 1296, . A plaintiff has the best shot at obtaining a TRO where the defendants conduct truly offends the court and where the admissible evidence in support of the TRO is credible and overwhelming. . 1997) (States or governmental entities that are considered arms of the State for Eleventh Amendment purposes are not persons under 1983, quoting Will v. Mich. Dept of State Police, 491 U.S. 58, 70 (1989)). of this Agreement, the parties agree that there is no adequate remedy at law for such breach, and that the Company and the Bank shall be entitled to injunctive relief restraining Executive from such breach or threatened breach, but such . If you need assistance, please contact the Trial Court Law Libraries. /Prev 509109 In most cases in which injunctions are denied, it is for the moving party's failure to satisfy its burden of proof. % When government officials are sued, qualified immunity functions as an affirmative defense they can raise, barring damages even if they committed unlawful acts. Will competitors put an overly aggressive company at a competitive disadvantage in the labor market by using negative information to attract the best talent? << Page 1 - DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT Steven D. Olson, OSB No. 28 USC App Fed R Civ P Rule 8: General Rules of Pleading Does Court Have Jurisdiction to Review a Defendant's Affirmative Defenses in Determining P. 1.110(d) (pleading affirmative defenses), and other standard defenses. PDF STATE OF MICHIGAN COURT OF APPEALS - State Bar of Michigan On January 25, 2019 a Answer and Affirmative Defense - Due Date: Complete Date: Parties: Michael C Gongora; 5600 Condominium Association Inc. was filed involving a dispute between Company, Sybil, Olaciregui, Ramiro, and 5600 Condominium Association, Inc., for Other Negligence in the District Court of Miami-Dade County.Company, Sybil Injunctive relief is an important remedy sought in many types of cases, including employment, trade secret, and breach of fiduciary duty cases. DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES Defendant United States Department of Commerce ("DOC"), on behalf of its bureau the . (See Harris v. City of Santa Monica (2013) 56 Cal.4th. E2$ 0&) Preview /content/aba-cms-dotorg/en/groups/litigation/publications/litigation_journal/2018-19/winter/preliminary-injunctions. 2.111(F)(3); MCR 2.116(D)(2).) In contrast to a state or state agency, a state official may be sued in his or her official capacity under 1983, but only for prospective injunctive relief. The law regarding the pleading requirements for a claim for attorneys' fees has evolved substantially in the past decade. A. Plaintiffs counsel should be cautious in drafting a proposed TRO and should carefully limit the impact of the TRO to the offending conduct. Please do not include personal or contact information. For example, if an employer aggressively enforces noncompetition or non-solicitation covenants, will the employer be viewed as a bully by its workforce and have difficulty hiring and retaining employees? Rule 8. General Rules of Pleading - LII / Legal Information Institute PDF ANSWER AND AFFIRMATIVE DEFENSES Parties and Jurisdiction - Pasco Trails endstream Share sensitive information only on official, secure websites. Performance & security by Cloudflare. endobj 0000004178 00000 n If the judge is convinced that failure to issue the injunction would subject the moving party to a substantial risk of irreparable harm, the judge must then balance this risk against any similar risk of irreparable harm which granting the injunction would create for the opposing party. ADVANCED CIVIL TRIAL . At the preliminary injunction hearing, a court deciding on such relief will not only consider the same four factors used to evaluate a TRO but will also decide whether the balance of hardships between the parties warrants the preliminary injunction. After a TRO is granted, defendants might consider stipulating to a continuance of the TRO to permit settlement discussions and to avoid the cost, expense, and risk of a preliminary injunction hearing if there are negative facts. San Antonio - July 17-19, 2019 . ANSWER AND AFFIRMATIVE DEFENSES - TO PLAINTIFFS COMPLAINT FOR INJUNCTIVE RELIEF Track Case Changes Download Document Print Document On October 13, 2015 a Injunction case was filed by Woodmont Homeowners Association Inc , represented by against De Vahle, Michelle H , represented by in the jurisdiction of Hillsborough County. !Oo%r'o_DW ";{9D 0tNj$7J\ tF iBA!Fp4h47jx&H9H#1W~I[ON'zmzwKUyj^k[mg_UoKUYK_mT{o~_W0O?oQa+.J]_?(2N(0om?m/W&+a24??_tmSh Bt9{G_?{*_{y?UK{[om55kz5i1k^vkV {jUal "qpa% 0U3Ap0`"$!@8Yr>$XPD%(F{bWrN.rK@]CagFF@i0tqx)AiDDYx,`"#h}c]_\ToXS+C(DHSn%P9.0chy_bLr.*ra!,zdS,?Vd04;/n?7l !I"%k*P&C TROs are best suited to emergencies where preservation of the status quo is essential to prevent an irreparable harm that cannot be compensated with money damages. 21 0 obj DEFENDANTS RAOUL AND KELLY'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS' COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . State Bar of Texas . 42 U.S.C. & Rehab., 707 F.3d 1114, 1127 (9th Cir. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense including, but not limited to: accord and satisfaction; action on advice of counsel; arbitration and award; assumption of risk; comparative negligence; discharge in bankruptcy; duress; Answer and Affirmative Defense - Due Date: Complete Date: Parties Admitted for. ==";7Pv! @C&FO|{6@7A;ZAK4-$?S4#XBGM]^>F8b:s There are many defenses to evaluate before filing a motion for a TRO or a preliminary injunction. The issue in Transworld was not whether an affirmative defense could be asserted. >> Rule 65 deals solely with the procedural aspects of injunctive relief, not with the courts exercise of discretion in granting or denying it, which remains subject to common-law principles. The action you just performed triggered the security solution. If a case depends on having third-party documents admitted at the evidentiary hearing, you need to consider what testimony is required to get the documents into evidence. /ID[<649AE3E75D14875AC143A5C5B21F4939>] %PDF-1.3 of City of N.Y., 436 U.S. 658, 691 (1978). A state official may be sued under 1983 in his or her individual capacity for damages. <> 2019). There are 15 Trial Court Law Libraries located across Massachusetts to serve the courts, attorneys and the public.