All Writs Act

696 Florida cases classified under this topic, plus 31 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• State OF Mich. (90-1902) v. The City OF Allen Park
  954 F.2d 1201· 6th Cir.· 1992-01-27 ·cited 2×
  The court held that the district court exceeded its authority by ordering the EPA and MDNR to fund Allen Park's Sewer System Evaluation Survey (SSES), as the SSES was not part of the original grant projects and the 1981 amendments prohibited funding for such projects.
• United States v. Dominguez-Villa
  954 F.2d 562· 9th Cir.· 1992-01-21 ·cited 2×
  The district court lacked the authority to order the government to review non-federal personnel files and to require the involvement of agency counsel and department heads in that review process.
• In re Remington Arms Co., Inc.
  952 F.2d 1029· 8th Cir.· 1991-12-31 ·cited 2×
  The court held that the district court abused its discretion by ordering the production of trade secrets without affording the party opposing discovery an opportunity to demonstrate their trade secret status and the potential harm of disclosure.
• Brown v. Vasquez
  952 F.2d 1164· 9th Cir.· 1991-12-31 ·cited 2×
  A district court has jurisdiction to stay the execution of a state prisoner to appoint counsel to assist in preparing a federal habeas corpus petition.
• ROE v. Operation Rescue
  920 F.2d 213· 3d Cir.· 1990-12-10 ·cited 2×
  The court held that the defendant waived his due process right to be present at the civil contempt hearing by failing to avail himself of available alternatives to attend, despite his incarceration.
• Valenzuela-Gonzalez v. United States Dist. Court FOR the Dist. OF Ariz.
  915 F.2d 1276· 9th Cir.· 1990-09-27 ·cited 2×
  The court held that arraignment by closed-circuit television violates Federal Rules of Criminal Procedure 10 and 43, requiring the defendant's physical presence in the courtroom.
• Zenith Elecs. Corp. v. The United States
  884 F.2d 556· Fed. Cir.· 1989-08-24 ·cited 2×
  The Court of International Trade did not err in issuing a preliminary injunction requiring Commerce to obtain court authorization before altering final antidumping duty results under judicial review.
• AIR Line Pilots Ass'n v. Dep't OF Transp.
  880 F.2d 491· D.C. Cir.· 1989-07-21 ·cited 2×
  The court should grant the injunction sought by ALPA to prevent multifarious litigation and arbitration proceedings concerning the same airline merger seniority dispute.
• In re Warden, Ky. State Penitentiary v. Gall
  865 F.2d 786· 6th Cir.· 1989-01-18 ·cited 2×
  The court held that mandamus relief was not appropriate because the district court's discovery orders did not constitute a clear usurpation of power, and the petitioner had not demonstrated a clear and indisputable right to the writ.
• Lariscey v. The United States
  861 F.2d 1267· Fed. Cir.· 1988-11-23 ·cited 2×
  The denial of a request for court-appointed counsel in a civil action is not immediately appealable, and the Claims Court lacks the statutory authority to appoint counsel under 28 U.S.C. § 1915(d).
• Five Flags Pipe Line Co. v. Dep't OF Transp.
  854 F.2d 1438· D.C. Cir.· 1988-08-26 ·cited 2×
  The court held that it lacked jurisdiction to hear the petitions for review because Congress did not specify that direct review of the agency's user fee schedules lies in the court of appeals.
• Charlton v. Est. OF Richard Charlton
  841 F.2d 988· 9th Cir.· 1988-03-11 ·cited 2×
  The court held that the district court erred in issuing a permanent injunction without an evidentiary hearing, as the appellant did not waive his right to one.
• United States v. Tino Fiumara
  605 F.2d 116· 3d Cir.· 1979-09-05 ·cited 2×
  The court held that the defendant's motion for a stay or injunction to exclude the public from his sentencing hearing pending appeal or mandamus consideration would be denied.
• In re Penn Cent. Transp. Co. v. Irving Tr. Co.
  594 F.2d 952· 3d Cir.· 1979-02-20 ·cited 2×
  The reorganization court lacked jurisdiction to enjoin Irving Trust from accessing an escrow fund because the fund was not property of the debtor's estate and its distribution would not meaningfully delay or impair the reorganization proceedings.
• Rees v. United States Dist. Court FOR the Cent. Dist. OF Cal.
  572 F.2d 700· 9th Cir.· 1978-03-30 ·cited 2×
  The court held that the state failed to meet the burden for issuing extraordinary writs of mandamus, and therefore denied the petitions.
• Johnson v. The Honorable Jacob Mishler
  526 F.2d 364· 2d Cir.· 1975-07-14 ·cited 2×
  The court held that the probation officer was entitled to a hearing under the department's regulations before her employment could be terminated due to performance issues.
• DeCHAMPLAIN v. Col. Hewitt E. Lovelace, Jr.
  510 F.2d 419· 8th Cir.· 1975-02-03 ·cited 2×
  The court held that the Uniform Code of Military Justice (UCMJ) procedures for pretrial confinement violate due process by not providing a neutral decision-maker, a hearing, or placing the burden of proof on the government.
• McCLELLAN v. Young
  421 F.2d 690· 6th Cir.· 1970-02-13 ·cited 2×
  A district judge cannot improperly defer action on a habeas corpus petition or delegate judicial functions to a law clinic.
• Lennart A. Benson v. State Bd. OF Parole & Prob.
  384 F.2d 238· 9th Cir.· 1967-10-23 ·cited 2×
  The court held that the appeal is moot because the appellant's sentence has expired, and therefore, the federal courts lack jurisdiction to grant relief. The court also found that the appellant received effective assistance of counsel.
• Finley v. Elinor Chandler
  377 F.2d 548· 9th Cir.· 1967-04-19 ·cited 2×
  The court held that federal courts lack the authority to issue a writ of mandamus to compel a former attorney to deliver a transcript.
• Fed. Trade Comm'n v. Dean Foods Co. & Bowman Dairy Co.
  356 F.2d 481· 7th Cir.· 1966-01-19 ·cited 2×
  The court held that the Federal Trade Commission lacked the statutory authority to seek a preliminary injunction to preserve the status quo pending administrative review of a merger.
• Thomas v. United States
  352 F.2d 701· D.C. Cir.· 1965-07-28 ·cited 2×
  The court held that an evidentiary hearing must be afforded on the appellant's motion, as it was not conclusively without merit based on the record alone.
• Hullom v. Ziel
  266 F.2d 546· 6th Cir.· 1959-02-24 ·cited 2×
  The court held that a petition for a writ of mandamus against the Clerk of the District Court seeking the same relief as a previously denied petition against the District Judge is without merit.
• Prater v. Honorable Marion S. Boyd
  263 F.2d 788· 6th Cir.· 1959-02-17 ·cited 2×
  The court held that mandamus is not appropriate to compel a district court to hear a motion for a preliminary injunction before a motion to dismiss, as there was no abuse of discretion.
• Sonny Austin Ramdeo v. United States
  136 F.4th 1348· 11th Cir.· 2025-05-20 ·cited 1×
  A prisoner in federal custody is not categorically barred from seeking a writ of error coram nobis to challenge a restitution order, as such challenges are not cognizable under 28 U.S.C. § 2255.
• Horton v. Metro. Life Ins.
  459 F. Supp. 2d 1246· M.D. Fla.· 2006-10-17 ·cited 1×
  The court held that Darrin L. Johns is permanently enjoined from pursuing claims related to his 1993 whole life insurance policy because those claims are barred by the prior class action settlement agreement, which he failed to timely opt out of.
• Mannings v. Sch. Bd. of Hillsborough Cnty.
  816 F. Supp. 714· M.D. Fla.· 1993-03-02 ·cited 1×
  The court held that an action filed under 42 U.S.C. § 1983 constitutes an express exception to the Anti-Injunction Act, granting the court authority to enjoin state proceedings.
• In re Briscoe
  976 F.2d 1425· D.C. Cir.· 1992-10-27 ·cited 1×
  The court held that a district court exceeded its judicial power by retransferring a criminal case to its original venue at the government's suggestion and in the absence of a defense motion, violating Federal Rule of Criminal Procedure 21(b).
• Aucoin v. Santopadre, Sr.
  937 F.2d 268· 5th Cir.· 1991-08-07 ·cited 1×
  A successor bank did not assume unliquidated litigation liabilities of an insolvent predecessor bank under federal law, and a federal court judgment on property ownership precludes relitigation in state court.
• Swank, Inc. v. Carnes
  856 F.2d 1481· 11th Cir.· 1988-10-03 ·cited 1×
  The court held that the district court lacked authority under the All Writs Act to order the Customs Service to disclose documents because Swank failed to identify a substantive right of action against the United States.
• Great N. Ry. Co. v. Hyde
  241 F.2d 707· 8th Cir.· 1957-03-07 ·cited 1×
  The court granted the petition for rehearing, acknowledging that a recent Supreme Court decision casts doubt on the correctness of its prior disposition.
• Svyatoslav Mangushev v. Alpha Team, LLC
  Fla.· 2026-10-29 ·via All Writs Jurisdiction
  A petition for certiorari must cite an independent jurisdictional basis under the Florida Constitution, and absent such a basis, the court lacks jurisdiction to grant the writ.
• Lutricia Lushan Brown Allen v. State
  S.D. Fla.· 2026-02-02
  The court affirmed and adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's amended complaint and denying her emergency demand for a preliminary injunction.
• Romero v. Kelie Walker
  M.D. Fla.· 2026-01-16
  The court held that it lacks jurisdiction to grant a stay of removal under 8 U.S.C. § 1252(g), even when invoked with the All Writs Act, as the statute specifically divests district courts of such power.
• Garcia v. Kelie Walker
  M.D. Fla.· 2026-01-16
  A federal district court lacks jurisdiction to grant a stay of removal, as this power is expressly withdrawn by statute.
• Albion Brand Foundry Ltd v. The P'ships
  S.D. Fla.· 2026-01-15
  The court granted the plaintiff's ex parte application for a temporary restraining order, enjoining defendants from using the plaintiff's trademark and restraining their assets.
• Lescaille v. Kelie Walker
  M.D. Fla.· 2026-01-12
  The court held that it lacks jurisdiction to grant a stay of removal under 8 U.S.C. § 1252(g), and the All Writs Act cannot override this specific statutory prohibition.
• Rodriguez v. Acting Director U.S. Immigration and Customs Enforcement
  M.D. Fla.· 2026-01-12
  The district court held it lacks jurisdiction to grant a stay of removal because 8 U.S.C. § 1252(g) divests courts of the power to review challenges to the execution of removal orders.
• Lewis v. Chief Judge of the 17th Jud. Cir. in Broward Cnty.
  S.D. Fla.· 2025-12-29
  The court held that it lacked jurisdiction to issue a writ of prohibition against a state court and that the petition failed to state a claim under § 1983 due to sovereign immunity and the Rooker-Feldman doctrine.
• Bridlington Bud Ltd. v. The P'ships
  S.D. Fla.· 2025-12-09
  The court recommended granting Plaintiff's motion for a preliminary injunction, finding a substantial likelihood of success on the merits of trademark infringement claims and irreparable harm if relief is not granted.
• Chanel, Inc. v. The Individuals
  S.D. Fla.· 2025-11-19
  The court recommended granting the plaintiff's motion for a preliminary injunction, enjoining defendants from infringing on the plaintiff's trademarks.
• The Galleon Guild Ltd v. The P'ships & Unincorporated Ass'ns Identified on Schedule "A"
  S.D. Fla.· 2025-10-29
  The court recommended granting the plaintiff's motion for a preliminary injunction, finding a substantial likelihood of success on the merits of trademark infringement claims and irreparable harm if relief is not granted.
• Bridlington Bud Ltd v. The P'ships & Unincorporated Ass'ns Identified on Schedule "A"
  S.D. Fla.· 2025-10-24
  The court recommended granting the plaintiff's motion for a preliminary injunction, finding a substantial likelihood of success on the merits of trademark infringement claims and irreparable harm if relief is not granted.
• XYZ Corp. v. The Individuals
  S.D. Fla.· 2025-10-09
  The court recommended granting the plaintiff's ex parte motion for a preliminary injunction, including asset restraints, due to strong evidence of design patent infringement by the defendants.
• The Trump Org. LLC v. The Individuals
  M.D. Fla.· 2025-09-25
  The court granted the plaintiffs' motion for a preliminary injunction, enjoining defendants from using the TRUMP trademarks on counterfeit goods and requiring various third parties to assist in enforcing the injunction.
• Tracie Mitchem-Green v. Harris
  M.D. Fla.· 2025-09-24
  The district court lacks subject-matter jurisdiction over a petition for a writ of mandamus against the Supreme Court and its clerks, and therefore, the application to proceed in forma pauperis must be denied and the action dismissed.
• Chanel, Inc. v. Channelover.com
  S.D. Fla.· 2025-09-13
  The court recommended granting Plaintiff's motion for default final judgment, finding that the well-pleaded allegations sufficiently established liability for trademark counterfeiting, infringement, false designation of origin, cybersquatting, and unfair competition.
• Gelsinger v. Armanity
  S.D. Fla.· 2025-09-11
  The court recommended granting the plaintiff's motion for a preliminary injunction, including asset restraint, due to strong evidence of copyright infringement by defendants who failed to appear or respond.
• New Castle Apts. LLC v. Tameka-Nicole: Family of Lingo
  S.D. Fla.· 2025-08-20
  The court held that the defendant failed to establish federal subject matter jurisdiction, and therefore the case must be remanded to state court.
• Gonzalez v. Acacia Lane LLC
  S.D. Fla.· 2025-07-30
  The federal court denied Plaintiff's emergency motions because it likely lacks jurisdiction under the Rooker-Feldman doctrine to review or enjoin a state court foreclosure sale and judgment.