Action For Injunction

216 Florida cases classified under this topic · sorted by citation count · browse and sort

• Carrigan v. Exxon Co. U.S.A.
  877 F.2d 1237· 5th Cir.· 1989-07-11 ·cited 2×
  The court held that the Unitization Agreement abrogated the landowners' right under the original leases to require the oil company to bury its pipelines below plow depth.
• White Mountain Apache Tribe v. Smith Plumbing Co., Inc.
  856 F.2d 1301· 9th Cir.· 1988-09-02 ·cited 2×
  The Ninth Circuit held that the district court erred in granting a preliminary injunction against a state court proceeding, as the state court had jurisdiction over the surety and the injunction improperly anticipated future disputes and infringed on federal policy.
• Atlanta Ctr. Ltd. v. Hilton Hotels Corp.
  848 F.2d 146· 11th Cir.· 1988-06-23 ·cited 2×
  The court held that the restrictive covenant's exception for the airport hotel applied to the site, not the specific structure, allowing Hilton to rebuild.
• Nat'l Ass'n OF Rehab. Facilities, Inc. v. Bowen
  840 F.2d 931· D.C. Cir.· 1988-03-01 ·cited 2×
  The court held that plaintiffs must exhaust administrative remedies before seeking judicial review, even when raising purely legal questions.
• D.B. Espenship III v. Carter
  514 So. 2d 1108· Fla. 1st DCA· 1987-10-15 ·cited 2×
  This case involves a dispute over exclusive hunting rights on a parcel of land. The appellate court reversed a lower court's decision that granted exclusive hunting rights to one party, finding that those rights had passed to a land trust. However, the court affirmed the denial o
• Barnett v. Caspar Weinberger
  818 F.2d 953· D.C. Cir.· 1987-05-15 ·cited 2×
  The court held that the Department of Defense's regulations defining 'custodial care' were invalid as applied to Rachael Barnett, because her hospitalization was medically necessary to sustain her life and thus fell outside the statutory exclusion.
• Phelps v. Reagan
  812 F.2d 1293· 10th Cir.· 1987-03-02 ·cited 2×
  The court affirmed the district court's dismissal, holding that the appellant lacked standing and the issue was not justiciable.
• The United States v. Heraeus-Amersil, Inc.
  671 F.2d 1356· C.C.P.A.· 1982-02-18 ·cited 2×
  Increased duties determined on liquidation are not due until the importer files a civil action or the statute of limitations for such action expires.
• Goadby v. Philadelphia Elec. Co.
  639 F.2d 117· 3d Cir.· 1981-01-09 ·cited 2×
  The court held that a preliminary injunction should not have been granted because the plaintiff had an adequate remedy at law through monetary damages in the state court system.
• Atl. Richfield Co. v. United States Dep't OF Energy
  683 F.2d 410· Temp. Emer. Ct. App.· 1980-12-30 ·cited 2×
  The court declined to decide the constitutional issue, deferring to the district court's resolution of nonconstitutional claims first.
• Aladdin Hotel Corp. v. Nev. Gaming Comm'n
  637 F.2d 582· 9th Cir.· 1980-06-05 ·cited 2×
  The court held that while the preliminary injunction was improperly granted due to overbreadth, the case should not be dismissed for lack of jurisdiction, and should instead be remanded for consideration of appropriate procedural relief.
• United States v. Mo. Pac. R.R. Co. & the Tex. & Pac. Ry. Co.
  553 F.2d 1156· 8th Cir.· 1977-04-20 ·cited 2×
  The court held that the Federal Railway Administration (FRA) could require a railroad to provide crew members for its test cars and assume liability for their negligence during track inspections, and that formal rule-making was not required for this practice.
• City OF Parma v. Levi
  536 F.2d 133· 6th Cir.· 1976-06-11 ·cited 2×
  A party cannot maintain a separate action for an injunction based on claims that were raised as a compulsory counterclaim and dismissed in a pending action.
• Humble GAS Transmission Co. v. Miss. Power & Light Co.
  430 F.2d 1003· 5th Cir.· 1970-07-14 ·cited 2×
  The court held that the district court's findings of fact regarding the termination of the gas supply contract were not clearly erroneous, and thus affirmed the decision.
• Wakine Rouhib v. The Mich. Bank
  345 F.2d 782· 6th Cir.· 1965-05-17 ·cited 2×
  The failure to assert a bankruptcy discharge as a defense in a state court action constitutes a waiver of that defense, precluding the debtor from later seeking ancillary jurisdiction in federal court to enforce the discharge.
• Royal Standard Ins. Co. v. McNAMARA
  344 F.2d 240· 8th Cir.· 1965-04-22 ·cited 2×
  The Secretary of Defense has the authority to issue directives setting conditions for driving, parking, and soliciting insurance on military installations, and these directives are not subject to judicial review if committed to agency discretion and not arbitrary or capricious.
• Burndy Corp. v. Cahill
  301 F.2d 448· 8th Cir.· 1962-04-20 ·cited 2×
  The court held that there is sufficient doubt about the applicable Ohio law regarding restrictive covenants to entitle the plaintiff to a trial on the merits.
• Rosso v. Magraw
  288 F.2d 840· 8th Cir.· 1961-04-13 ·cited 2×
  The court held that the dismissal of the original action terminated the litigation, and the appellant lacked standing to intervene after the dismissal.
• Moss v. Jones
  288 F.2d 342· 6th Cir.· 1961-04-03 ·cited 2×
  A federal court cannot grant an injunction to stay state court proceedings, including an execution, except as expressly authorized by Congress or necessary to aid its own jurisdiction or protect its judgments.
• People of Colorado Ex rel. Watrous v. Dist. Court of United States for Dist. of Colo.
  207 F.2d 50· 10th Cir.· 1953-09-09 ·cited 2×
  The court held that federal courts have jurisdiction to determine if state action constitutes a taking of private property without just compensation, even if state courts might offer a remedy.
• Redwine v. Citizens & S. Nat. Bank
  189 F.2d 328· 5th Cir.· 1951-05-30 ·cited 2×
  The court held that Section 271 of the Bankruptcy Act allows for the assessment and collection of previously undetermined state taxes, even after a reorganization plan has been confirmed, if the taxes were found to be owing within one year of the petition filing and not assessed
• Smart v. Woods
  184 F.2d 714· 6th Cir.· 1950-10-27 ·cited 2×
  The court held that the district court lacked jurisdiction over the Housing Expediter, who is an indispensable party residing in Washington D.C., and thus could not entertain the action filed in Ohio.
• Woods v. Malcolm-Dallyn Co.
  177 F.2d 414· 8th Cir.· 1949-11-03 ·cited 2×
  The appeal is dismissed as moot because the housing accommodations have been voluntarily vacated and the controversy has ceased to exist.
• Porter v. Deer
  160 F.2d 394· 5th Cir.· 1947-04-05 ·cited 2×
  The court held that the plaintiff cannot use its agent's unauthorized mistake as a basis for a right of action against a defendant who acted in good faith on that advice.
• Porter v. Bledsoe
  159 F.2d 495· 4th Cir.· 1947-01-08 ·cited 2×
  The defendants, as wholesalers, should not be held liable for shipments made prior to March 1, 1944, as they had no knowledge of the improper grading and reasonably relied on inspection certificates.
• Peck v. Howard
  130 F.2d 1001· 9th Cir.· 1942-10-21 ·cited 2×
  The court held that the bankruptcy court's order restraining state court proceedings to preserve the status quo pending a determination of jurisdiction was not an abuse of discretion.
• S. Ry. Co. v. Painter
  117 F.2d 100· 8th Cir.· 1941-01-10 ·cited 2×
  A federal court may enjoin a state court's injunction that interferes with the federal court's jurisdiction over a case properly before it, even if the state injunction is in personam.
• Silva-Hernandez v. Swacina
  827 F. Supp. 2d 1352· S.D. Fla.· 2011-11-04 ·cited 1×
  The court held that the USCIS's policy of not assigning a rollback date to non-Cuban spouses that predates their qualifying marriage is a permissible interpretation of the Cuban Adjustment Act and not arbitrary or capricious.
• Inmuno Vital, Inc. v. Telemundo Grp., Inc.
  102 F. Supp. 376· S.D. Fla.· 2001-10-01 ·cited 1×
  The court held that defendants' pattern of discovery abuses and violations of court orders warranted striking their pleadings and entering a default as to liability.
• Bilzerian v. United States
  887 F. Supp. 1509· M.D. Fla.· 1995-05-22 ·cited 1×
  The court held that the IRS could collect an erroneous non-rebate refund without a new assessment because it had initiated an erroneous refund suit within the statutory period, providing sufficient notice.
• Univ. DAY Care Ctr., Inc. v. Temple University-Of the Commonwealth OF Higher Educ.
  442 F.2d 1116· 3d Cir.· 1971-04-30 ·cited 1×
  The federal court affirmed the dismissal of the complaint, finding that state law issues should be resolved by the state court first.
• Rice v. Walls
  213 F.2d 693· 6th Cir.· 1954-05-31 ·cited 1×
  The court held that appellants must exhaust administrative remedies provided by the Johnson Act before seeking judicial relief, even if constitutional rights are implicated.
• Wood v. Porter
  157 F.2d 672· 8th Cir.· 1946-10-24 ·cited 1×
  The court held that it would not remand the case for the trial court to consider correcting a dismissal to be 'with prejudice' unless the trial judge specifically requested it.
• La-Nevada Transit Co. v. Marathon OIL Co.
  985 F.2d 797· 5th Cir.· 1993-03-11
  The court held that Marathon's notice of termination was effective for deficiencies during the June periods, but not for the September periods due to LNT's timely payment. The contract terminated based on the June deficiencies.
• United States v. Nordbrock
  941 F.2d 947· 9th Cir.· 1991-08-12
  The court held that the district court erred in denying the appellant's Seventh Amendment right to a jury trial on the issue of willfulness.
• Nat'l Labor Relations Bd. v. Cal. Horse Racing Bd.
  940 F.2d 536· 9th Cir.· 1991-08-06
  The court held that the district court correctly determined it lacked jurisdiction to review the merits of the National Labor Relations Board's decision to assert jurisdiction over United Tote, as such review is limited to courts of appeals.
• ARCH Mineral Corp. & Ark Land Co. v. Lujan
  911 F.2d 408· 10th Cir.· 1990-08-16
  The court held that the Secretary's claim for underpaid royalties had not matured at the time Ark filed its prior petitions for review, thus not constituting a compulsory counterclaim under Fed. R. Civ. P. 13(a). The court also affirmed the Secretary's authority to collect royalt
• Wilson v. Daily News OF THE Virgin Islands
  881 F.2d 82· 3d Cir.· 1989-08-07
  The court held that audit reports are not confidential under 3 V.I.C. § 1202(b) and that the district court erred in granting an injunction without complying with statutory and procedural requirements for such an order.
• Detroit v. Consol. Rail Corp.
  767 F.2d 274· 6th Cir.· 1985-07-11
  The court held that the district court did not err in dismissing the action because there was no active case or controversy, as the parties had contractually agreed that the Interstate Commerce Commission (ICC) had the authority to authorize changes to joint routes and rates.
• Fried v. Carey
  620 F.2d 591· 7th Cir.· 1978-06-26
  The court held that federal courts are prohibited by 28 U.S.C. § 1341 from enjoining the collection of state taxes when a plain, speedy, and efficient remedy is available in state courts.
• Johnson Serv. Co. v. Fla. Elec. Contractors Licensing Bd.
  347 So. 2d 808· Fla. 1st DCA· 1977-06-30
  The court affirmed dismissal of plaintiffs' complaint seeking injunctive relief to compel the licensing board to administer an electrical contractors examination, holding that the complaint failed to allege sufficient facts of arbitrary and capricious conduct to invoke judicial j
• Horvath v. City OF Chicago
  510 F.2d 594· 7th Cir.· 1975-05-16
  The court held that federal courts should not interfere with state civil proceedings to determine the application of a municipal ordinance, even if the ordinance is arguably vague.
• Nat'l R.R. Passenger Corp. v. Harris
  490 F.2d 572· 10th Cir.· 1974-01-09
  The court held that the district court improvidently granted injunctions staying enforcement of Oklahoma's liquor laws against Amtrak and intervenors, and that the appeal in one case was moot.
• Johnson v. Ill. Dep't OF Pub. AID & Peoria Hous. Auth.
  467 F.2d 1269· 7th Cir.· 1972-09-19
  The court held that the plaintiffs' claims presented an abstract question rather than an actual controversy, and that the Illinois Forcible Entry and Detainer Act provided adequate procedural due process, thus affirming the dismissal.
• Freeman Coleman v. Hon. Leonard Yokum
  442 F.2d 351· 5th Cir.· 1971-04-28
  The Court of Appeals vacated the single-judge district court's decision and remanded with instructions to dismiss the complaint, finding federal intervention inappropriate while state prosecution is pending.
• Int'l Ass'n OF MacHinists v. United Aircraft Corp.
  333 F.2d 367· 2d Cir.· 1964-06-23
  The court held that federal courts are prohibited by 28 U.S.C. § 2283 from enjoining state court proceedings in this case. Federal courts must trust state courts to protect federal rights.
• PAN Am. Window Corp. v. Ira Eason
  163 So. 2d 318· Fla. 3d DCA· 1964-04-28
  The court held that the complaint stated a cause of action against Pan American Window Corp. and that the trial court did not err in requiring Pan American to account for royalties.
• Poinsett Lumber & Mfg. Co. v. Hammond
  309 F.2d 718· 4th Cir.· 1962-11-05
  The court dismissed the appeal with prejudice, finding Hammond's arguments for relief from judgment and appeal without merit due to his own delays and failure to present evidence.
• Kirsch v. Huber
  264 F.2d 387· 9th Cir.· 1959-01-21
  The court held that the trial court did not err in finding that the contract was not terminable at will and that the attorneys did not exert undue influence, and that Crawford substantially performed his logging contract.
• Ocon v. Landon
  218 F.2d 320· 9th Cir.· 1954-12-18
  An alien charged with being a Communist, facing deportation, can be held without bail if the Attorney General has good cause to believe the alien is dangerous, even if bail was previously granted.