Will SCOTUS bar contempt for conduct not clearly prohibited by an injunction?
·PoliticsIf the Supreme Court, in Apple Inc. v. Epic Games, Inc., rules civil contempt may not be based on violating an injunction’s “spirit” when the injunction does not clearly and unambiguously prohibit the precise conduct at issue, then the market resolves to Yes.
The Payout Criterion for the Contract encompasses the Expiration Values that the Supreme Court, in Apple Inc. v. Epic Games, Inc., has ruled that a party may be held in civil contempt only for violating an injunction that clearly and unambiguously proscribes the precise conduct at issue, and not merely for violating the injunction’s “spirit” where the injunction is silent as to that conduct, before August 1, 2028. A decision adopting that legal standard and remanding for its application resolves to Yes. A decision permitting civil contempt based on the injunction’s “spirit” despite such silence resolves to No. If the case is dismissed, found improvidently granted, or remanded without resolving the granted question on the merits, the market resolves to No.
