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Case 2:19-cv-11962-LMA-JVM Document 106 Filed 08/08/22 Page 11 of 33

III. STANDARD OF LAW

To obtain a permanent injunction, “a plaintiff must demonstrate: (1) that [he]

has suffered an irreparable injury; (2) that remedies available at law, such as

monetary damages, are inadequate to compensate for that injury; (3) that,

considering the balance of hardships between the plaintiff and defendant, a remedy

in equity is warranted; and (4) that the public interest would not be disserved by a

permanent injunction.” Merritt Hawkins & Associates, L.L.C. v. Gresham, 861 F.3d

143, 157–58 (5th Cir. 2017) (citations and quotations omitted) (quoting eBay, Inc. v.

MercExchange, L.L.C., 547 U.S. 388, 391 (2006)). “Injunctive relief is an

extraordinary and drastic remedy, not to be granted routinely, but only when the

movant, by a clear showing, carries the burden of persuasion.” Holland Am. Ins. Co. v.

Succession of Roy, 777 F.2d 992, 997 (5th Cir. 1985).

Pursuant to the Declaratory Judgment Act,

In a case of actual controversy within its jurisdiction . . . any court of the
United States, upon the filing of an appropriate pleading, may declare
the rights and other legal relations of any interested party seeking such
declaration, whether or not further relief is or could be sought.

28 U.S.C. § 2201(a). “When considering a declaratory judgment action, a district

court must engage in a three-step inquiry.” Orix v. Credit Alliance, Inc. v. Wolfe, 212

F.3d 891, 895 (5th Cir. 2000). “A federal district court must determine (1) whether

the declaratory action is justiciable; (2) whether the court has the authority to grant

declaratory relief; and (3) whether to exercise its discretion to decide or dismiss the

action.” Sherwin-Williams Co. v. Holmes Cnty., 343 F.3d 383, 387 (5th Cir. 2003).

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