Equitable Discretion

330 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lehman v. The Tr. Co. of Am.
  57 Fla. 473· Fla.· 1909-01-01 ·cited 30×
  The Florida Supreme Court reversed in part an interlocutory decree appointing a receiver in a mortgage foreclosure action, holding that the trial court erred in appointing the mortgagor's president as receiver and in granting receiver's certificates priority over a pre-existing j
• United States v. Norton
  717 F.2d 767· 3d Cir.· 1983-09-12 ·cited 29×
  The court held that the IRS's retention of a debtor's tax overpayment, without seeking relief from the automatic stay, constituted a violation of the stay, but reversed the contempt citation due to lack of fair warning.
• United States v. Odessa Union Warehouse Co-Op
  833 F.2d 172· 9th Cir.· 1987-11-27 ·cited 27×
  The court held that the district court applied an erroneous and overly restrictive legal standard in denying the government's motion for a preliminary injunction to enforce the FDCA.
• State Rd. Dept. v. Newhall Drainage Dist.
  54 So.2d 48· Fla.· 1951-08-10 ·cited 27×
  The Florida Supreme Court affirmed a lower court's injunction against the State Road Department and the Board of Commissioners of Everglades Drainage District. The injunction prevented the construction of culverts and canal deepening that would divert floodwaters into the Newhall
• Sierra Club v. Marsh
  816 F.2d 1376· 9th Cir.· 1987-05-08 ·cited 25×
  The court held that the Army Corps of Engineers violated the Endangered Species Act by allowing construction to continue without ensuring mitigation lands were secured and by refusing to reinitiate consultation with the Fish and Wildlife Service.
• Garcia v. Lawn
  805 F.2d 1400· 9th Cir.· 1986-12-15 ·cited 25×
  The court held that the appeal was not moot because reinstatement could still provide effective relief, and remanded for consideration of irreparable harm beyond economic loss, specifically the chilling effect of retaliation on other employees' exercise of Title VII rights.
• Burndy Corp. v. Teledyne Indus., Inc.
  748 F.2d 767· 2d Cir.· 1984-11-15 ·cited 25×
  The court affirmed the denial of damages and injunctive relief, holding that while Teledyne violated the Lanham Act, Burndy failed to prove its damages were caused by the violation and that injunctive relief was unwarranted.
• Circle Fin. Co. v. Peacock
  399 So. 2d 81· Fla. 1st DCA· 1981-05-28 ·cited 25×
  Circle Finance appeals a monetary award to the Peacocks in an equitable action arising from the Peacocks' execution of a quit claim deed to secure loans and Circle's subsequent receipt of disability insurance proceeds triggered by Mr. Peacock's disability. The court affirms the a
• Fuentes v. Adolph Roher
  519 F.2d 379· 2d Cir.· 1975-05-29 ·cited 25×
  The court held that the district court did not err in denying an injunction against administrative proceedings but modified the order to include dismissal of charges if the board fails to appoint a hearing examiner within a specified time.
• Bowles v. Skaggs
  151 F.2d 817· 6th Cir.· 1945-11-12 ·cited 25×
  The court held that the Emergency Price Control Act empowers district courts to order restitution for past price overcharges under § 205(a), in addition to injunctions.
• United States v. $70
  929 F.3d 1293· 11th Cir.· 2019-07-08 ·cited 24×
  The court held that the district court did not abuse its discretion in allowing the government to dismiss its forfeiture complaint without prejudice, and that the claimants were not entitled to attorney's fees because they did not substantially prevail.
• United States & Michael O. Hanson v. Barrett
  837 F.2d 1341· 5th Cir.· 1988-02-24 ·cited 24×
  The court lacks jurisdiction because the case is moot, as the taxpayer has complied with the summons, rendering the appeal of the enforcement order moot.
• United States v. Ramsey
  331 F.2d 824· 5th Cir.· 1964-02-20 ·cited 24×
  The court held that the district court's finding of no pattern or practice of discrimination was not an abuse of discretion, and affirmed the denial of relief based on freezing.
• White v. Cohn
  137 Fla. 501· Fla.· 1939-05-02 ·cited 24×
  Vendors of real property sought to cancel a purchase contract as a cloud on title, claiming the purchaser abandoned or forfeited the contract. The Florida Supreme Court affirmed the lower court's decree requiring specific performance, holding that the vendors waived the time of p
• Barnes v. Kline
  759 F.2d 21· D.C. Cir.· 1984-08-29 ·cited 22×
  The court held that members of Congress lack standing to sue the President over the exercise of his pocket veto power, as such claims constitute generalized grievances about governmental operations rather than concrete personal injuries.
• Consol. Edison Co. OF NEW York, Inc. v. Fed. Power Comm'n
  511 F.2d 372· D.C. Cir.· 1974-11-26 ·cited 22×
  The court modified its prior stay orders to implement a September 30, 1974, settlement agreement for natural gas allocation, finding that continuing the existing stay or implementing the FPC's 467 plan would cause irreparable harm.
• Jones v. Wade
  479 F.2d 1176· 5th Cir.· 1973-05-30 ·cited 22×
  The court granted a petition for rehearing en banc, vacating the prior panel decision.
• Argonaut Ins. Co. v. The United States
  434 F.2d 1362· Ct. Cl.· 1970-12-11 ·cited 22×
  A surety's equitable right to a final contract payment is superior to a contractor's assignee, but a surety cannot recover a progress payment if the government reasonably exercised its discretion to ensure contract completion.
• Mitchell v. Ballenger Paving Co., Inc.
  299 F.2d 297· 5th Cir.· 1962-02-06 ·cited 22×
  The court held that an employer's prolonged non-compliance with the Fair Labor Standards Act, even after being advised of its obligations and a controlling court decision, warrants an injunction to enforce the Act's objectives.
• Mitchell v. Bland
  241 F.2d 808· 5th Cir.· 1957-03-15 ·cited 22×
  The court held that the district court did not err in denying injunctive relief for alleged violations of the Fair Labor Standards Act, as the decision was within its equitable discretion.
• Crockett v. Reagan
  720 F.2d 1355· D.C. Cir.· 1983-11-18 ·cited 21×
  The court held that the claims presented a nonjusticiable political question and were subject to dismissal under the doctrine of equitable discretion.
• Enpat, Inc. v. Budnic
  773 F. Supp. 2d 1311· M.D. Fla.· 2011-02-28 ·cited 20×
  The court granted the motion for default judgment as to liability for patent infringement but denied the requests for compensatory damages and a permanent injunction, allowing the plaintiff to submit further evidence.
• Castle v. Cohen
  840 F.2d 173· 3d Cir.· 1988-02-11 ·cited 20×
  The court affirmed the district court's grant of specific performance for the stock sale agreement but vacated the dismissal of the RICO counterclaim due to procedural error.
• Jack Faucett Assocs., Inc. v. Am. Tel. & Tel. Co.
  744 F.2d 118· D.C. Cir.· 1984-09-11 ·cited 20×
  The court held that the district court abused its discretion by broadly applying offensive collateral estoppel, as AT&T was denied a full and fair opportunity to litigate due to the erroneous exclusion of crucial evidence.
• Norton Co. v. Carborundum Co.
  530 F.2d 435· 1st Cir.· 1976-02-03 ·cited 20×
  The court affirmed the district court's narrow construction of the patent, finding that Carborundum's 'Big Red' product infringed the patent as construed, and that Norton's alleged misconduct did not render the narrowly construed patent unenforceable.
• Burton v. Cascade Sch. Dist. Union High Sch. NO. 5
  512 F.2d 850· 9th Cir.· 1975-03-28 ·cited 20×
  The dissenting judge argues that reinstatement is the appropriate remedy for a constitutional violation, even for a non-tenured teacher, and that a monetary award is insufficient to vindicate the employee's rights.
• Erie Human Relations Comm'n v. Hon. Louis J. Tullio
  493 F.2d 371· 3d Cir.· 1974-03-04 ·cited 20×
  The court held that the Erie Human Relations Commission lacked the capacity to sue under Federal Rule of Civil Procedure 17(b) because its organizing ordinance did not grant it such power and it did not fit the exceptions for unincorporated associations.
• Mellon United Nat'l Bank v. Cochran
  776 So. 2d 964· Fla. 3d DCA· 2000-12-20 ·cited 19×
  Florida appellate court reversed a trial court's sua sponte suspension of execution on a judgment, holding that a defendant seeking to stay execution pending appeal must post a bond under Rule 9.310(b), not rely on equitable discretion.
• Indep. Fed'n of Flight Attendants v. Trans World Airlines, Inc.
  655 F.2d 155· 8th Cir.· 1981-08-03 ·cited 19×
  The court held that TWA's centralization of crew scheduling operations, replacing manual records with a computerized system, did not constitute a substantial alteration of established working conditions or a violation of the collective bargaining agreement under the Railway Labor
• Phillips v. Lindsay
  102 Fla. 935· Fla.· 1931-09-19 ·cited 19×
  This case concerns the dismissal without prejudice of a mortgage foreclosure action in equity. The court affirmed the chancellor's discretionary dismissal, holding that while defendants raised affirmative defenses including usury, they failed to comply with procedural rules and c
• Doyle Nations and Marie Nations v. SUN OIL Co. (Delaware) & Sun Prod. Co.
  705 F.2d 742· 5th Cir.· 1983-05-23 ·cited 18×
  The court held that retroactive application of Doubleday v. Boyd Construction Co. was proper and that collateral estoppel did not bar Sun Oil from raising the statutory employer defense. The wife's award for pain and suffering was also affirmed.
• Booker v. Special Sch. Dist. NO. 1
  585 F.2d 347· 8th Cir.· 1978-10-12 ·cited 18×
  The court affirmed the district court's order, finding no clear error in its factual findings, application of law, or exercise of discretion regarding school integration remedies.
• Sweetarts v. Sunline, Inc.
  436 F.2d 705· 8th Cir.· 1971-01-20 ·cited 18×
  The court held that the plaintiff's market penetration in eight states was insufficient to establish a likelihood of confusion and entitle it to injunctive protection in those states. The court also affirmed the denial of an accounting and additional attorney fees for civil conte
• Sperry Rand Corp. v. Rothlein
  288 F.2d 245· 2d Cir.· 1961-03-21 ·cited 18×
  The court held that the district court's injunction, prohibiting the use of information obtained through federal discovery in a state court proceeding, did not violate 28 U.S.C. § 2283 because it was necessary to protect the court's prior discovery order and did not stay state pr
• Brown v. Rippy
  233 F.2d 796· 5th Cir.· 1956-05-25 ·cited 18×
  The court held that the district court erred in dismissing the suit as premature without a full hearing.
• Phillips Petroleum Co. v. Oldland
  187 F.2d 780· 10th Cir.· 1951-03-10 ·cited 18×
  The court held that the trial court had the discretion to award interest on the calculated royalty proceeds, as the issue of interest was not explicitly foreclosed by the prior mandate and was justified under equitable principles and Colorado law.
• United States v. Zalmon Schnitzer
  567 F.2d 536· 2d Cir.· 1977-11-30 ·cited 17×
  The court held that the district court properly denied the motion to expunge the arrest record because the appellant's circumstances did not present the extreme or unusual case required for such equitable relief.
• Nat'l Labor Relations Bd. v. P*I*E Nationwide, Inc.
  894 F.2d 887· 7th Cir.· 1990-01-30 ·cited 16×
  A court of appeals may exercise equitable discretion when asked to enforce a National Labor Relations Board order, but equitable defenses like laches require unreasonable delay and resulting harm, which were not present here.
• Friedrich v. City OF Chicago & Fred Rice
  888 F.2d 511· 7th Cir.· 1989-10-31 ·cited 16×
  The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, allows for the recovery of expert witness fees as part of costs, even though the statute literally refers only to 'attorney's fees'. This interpretation is based on the Act's purpose to restore pre-Alyeska equ
• Northern Cheyenne Tribe v. Hodel
  851 F.2d 1152· 9th Cir.· 1988-03-15 ·cited 16×
  The court held that while the district court had the power to amend its judgment, it abused its discretion by failing to expressly consider the public interest and by not ordering the Secretary to comply with his own regulations regarding tribal consultation and lease planning. T
• Small v. Wageman
  291 F.2d 734· 1st Cir.· 1961-06-22 ·cited 16×
  A federal district court may enjoin a party from prosecuting a simultaneous action in another federal court of co-ordinate jurisdiction when it first obtains jurisdiction of the parties and issues.
• Crutcher v. Joyce
  146 F.2d 518· 10th Cir.· 1945-01-09 ·cited 16×
  The dissenting judge holds that the trustee should not be liable for any part of the attorneys' fees and costs, as the trial court found he acted in good faith.
• Nobles v. L'Engle
  61 Fla. 696· Fla.· 1911-01-01 ·cited 16×
  The Florida Supreme Court affirmed a lower court's decision to sustain demurrers to a bill of complaint seeking specific performance of a land sale contract. The court found that the complainant's significant delay in bringing the suit, after the lessor refused to convey and afte
• Friends OF THE Earth v. United States Navy
  841 F.2d 927· 9th Cir.· 1988-03-07 ·cited 15×
  The court held that the National Defense Authorization Act prohibits construction until all required permits, including the Washington Shoreline Management Act permit, are issued, and that the environmental groups have standing to seek an injunction.
• The Union Bank OF Benton v. The First Nat'l Bank IN Mount Pleasant
  677 F.2d 1074· 5th Cir.· 1982-06-09 ·cited 15×
  The court held that the bank was entitled to prejudgment interest as a matter of right because the damages were ascertainable at a definite time due to the statutory violation. The district court must determine the rate and accrual date on remand.
• Gilmore v. City OF Montgomery
  473 F.2d 832· 5th Cir.· 1973-02-09 ·cited 15×
  The court held that while enjoining exclusive use of public recreational facilities by racially segregated private schools is permissible to further desegregation, enjoining non-exclusive use by such students or by non-school discriminatory organizations is overbroad.
• Brisacher v. Tracy-Collins Tr. Co.
  277 F.2d 519· 10th Cir.· 1960-03-30 ·cited 15×
  The court held that a trust executed by a settlor who was under a guardianship but had been restored to capacity, and where the guardian consented, is valid. It also held that attorney fees for other beneficiaries are not chargeable against the challenging beneficiary's interest.
• The Gen. Contracting & Trading Co., LLC v. Interpole, Inc.
  899 F.2d 109· 1st Cir.· 1990-03-27 ·cited 14×
  The court held that the district court did not abuse its discretion in refusing to set aside the default judgment, nor in denying the offset of judgments, nor in awarding attorneys' fees. However, the court found the district court erred in its handling of the personal jurisdicti
• Ill. Corporate Travel, Inc. v. Am. Airlines, Inc.
  806 F.2d 722· 7th Cir.· 1986-11-19 ·cited 14×
  The court concurred in the judgment, finding that the district court did not abuse its discretion in denying the preliminary injunction, despite potential issues with the preliminary injunction standard applied.
• Zellers v. Duckworth
  763 F.2d 250· 7th Cir.· 1985-05-17 ·cited 14×
  The court held that the State is estopped from contesting Zellers' assertion of cause for his procedural default due to systemic failures in providing due process rights. The court also found sufficient prejudice to justify a hearing.