Civil procedure and "catch 22's"

What is the name of your state? Arkansas

My question is regarding situations in civil law involving a permanent injunctions and subpoenas or court orders from other state/federal courts. First, I realize there are a multitude of issues that can effect a person in a civil lawsuit so in responding to my question please do not focus on the “micro”, but rather the “macro”.

Here is the hypothetical:
- Defendant becomes bound to a circuit court permanent injunction requiring them not disclose a previous employers information “confidential business information.”
- Defendant receives a court order from another circuit or possibly federal court to appear/discuss information and/or events which occurred during the defendants previous employment, even though the previous injunction forbids disclosure of said information

My questions:
- Can one courts demand for information, supersede another courts injunction?
- If the defendant submits to one courts demand for information, can the court, which delivered the injunction, punish the defendant for contempt or some other charge?
- If the defendant submits to one court for information, can the original employer file additional civil charges against the defendant for violating the original injunction?
- Specific to the definition of “confidential business information”, can the injunction be so board reaching that it includes evidence of criminal action that committed by or against the former employer?

ThanksWhat is the name of your state?

We don't do hypothetical questions.

OK, I only framed the question as hypothetical since the litigation is on going and cannot divulge any specifics of the case. With that in mind, does it change anything?

No. If you are a person involved in the situation, you can post what the situation is without revealing identifying information. If this is a homework question, which is what it sounds like, you should do your own research.

My questions:
- Can one courts demand for information, supersede another courts injunction?

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Under some circumstances, yes. Defendant’s responsibility is to make sure the second court knows about the first court’s order. Presumably, the second court will investigate the problem and resolve it.

- If the defendant submits to one courts demand for information, can the court, which delivered the injunction, punish the defendant for contempt or some other charge?

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The defendant’s duty is to make sure the two courts understand their orders are conflicting. It is unlikely the courts would leave the defendant in the middle. In the event that they DID leave the defendant in the middle, I seriously doubt he would be punished by one court for following the order of the other.

- If the defendant submits to one court for information, can the original employer file additional civil charges against the defendant for violating the original injunction?

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If the defendant failed to inform the second court of the injunction and then knowingly revealed information he was not supposed to reveal, yes, he could be liable. The defense of “the court made me do it” is not going to hold up if the defendant failed in his duty to make the court aware of the situation.

Specific to the definition of “confidential business information”, can the injunction be so board reaching that it includes evidence of criminal action that committed by or against the former employer?

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It depends. Anytime someone is seeking disclosure of sensitive information and it is material to a civil or criminal case, the court has to weigh the importance of revealing the information against the possible harm that the revelation might cause.

Quaere - Thanks for your response

Quaere thanks for the information, so it seems the primary protection is over-communication of the two involved courts. I wish I could explain more, hopefully at a later date, regardless Thanks

You are welcome!