Equitable Discretion

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

• Briseno v. Cent. Tech. Cmty. Coll. Area
  739 F.2d 344· 8th Cir.· 1984-07-17 ·cited 14×
  The court held that the defendants intentionally discriminated against the plaintiff based on national origin, affirming the finding of liability but modifying the awarded relief.
• James M.P. D'Amico v. Schweiker
  698 F.2d 903· 7th Cir.· 1983-02-03 ·cited 14×
  Administrative law judges lack standing to sue to enjoin an instruction that alters their adjudicative discretion regarding the date of cessation of disability benefits, as they are not the proper parties to challenge such a policy.
• First Am. Bank & Tr. Co. v. Ellwein
  474 F.2d 933· 8th Cir.· 1973-02-27 ·cited 14×
  The court held that the district court should have abstained from exercising jurisdiction rather than dismissing the case on the merits.
• In re Yale Express Sys., Inc. v. Yale Express Sys., Inc.
  384 F.2d 990· 2d Cir.· 1967-11-08 ·cited 14×
  The court held that the district judge did not abuse equitable discretion in denying Fruehauf's claims for reclamation or rental payments.
• Leesona Corp. v. Cotwool Mfg. Corp.
  315 F.2d 538· 4th Cir.· 1963-03-19 ·cited 14×
  The court held that a district court has the discretion to temporarily stay arbitration proceedings ancillary to a patent infringement suit, even if the arbitration clause is otherwise valid.
• Bernardino Figueroa Delgado v. THE S.S. Malula
  291 F.2d 420· 5th Cir.· 1961-06-16 ·cited 14×
  The court held that the trial court did not abuse its discretion in dismissing the case due to laches, as the respondent suffered significant prejudice from the delay in filing.
• Bliss v. Robert M. Hallock and his wife
  113 So. 2d 889· Fla. 3d DCA· 1959-06-04 ·cited 14×
  In this specific performance case, the appellate court affirmed the trial court's denial of specific performance but remanded for reconsideration of whether damages should be awarded for alleged breach of contract. The court reconciled conflicting language in the trial court's de
• Romasanta v. United AIR Lines, Inc.
  717 F.2d 1140· 7th Cir.· 1983-09-21 ·cited 13×
  The court held that the district court did not abuse its discretion in granting partial retroactive seniority, considering the "unusual adverse impact" standard requires a fact-specific inquiry beyond mere impact on incumbent employees.
• Empresa Ecuatoriana de Aviacion v. Dist. Lodge NO. 100
  690 F.2d 838· 11th Cir.· 1982-11-01 ·cited 13×
  The court held that while a carrier may replace strikers to maintain operations during a minor dispute, unnecessarily replaced strikers are entitled to reinstatement with backpay, and properly replaced strikers are entitled to a preferential hiring list.
• United States v. Wheeling-Pittsburgh Steel Corp.
  818 F.2d 1077· 3d Cir.· 1987-05-18 ·cited 12×
  The court held that a pending application for an alternative emission reduction system ('bubble') does not relieve a polluter of its existing compliance obligations under the Clean Air Act and a consent decree. The district court erred in modifying the decree based on the pending
• Amadeo v. Kemp
  773 F.2d 1141· 11th Cir.· 1985-09-27 ·cited 12×
  The court held that the case must be remanded for an evidentiary hearing to determine if the petitioner had sufficient cause to overcome a procedural default in challenging jury composition.
• Comm. FOR Monetary Reform With Various Other v. Bd. of Governors of the Fed. Reserve Sys.
  766 F.2d 538· D.C. Cir.· 1985-06-28 ·cited 12×
  Private businesses and individuals alleging financial damage from Federal Reserve monetary policies lack standing to challenge the System's constitutional authority because they cannot establish that their injuries are fairly traceable to the alleged violations or that they are d
• Conyers v. Reagan
  765 F.2d 1124· D.C. Cir.· 1985-06-28 ·cited 12×
  The court held that the appeal is moot because the military invasion of Grenada has ended and all troops have been withdrawn, rendering the requested injunctive and declaratory relief impossible to grant.
• Int'l Union, Allied Indus. Workers OF Am., AFL-CIO v. Local Union NO. 589, Allied Indus. Workers OF Am., AFL-CIO
  693 F.2d 666· 7th Cir.· 1982-11-22 ·cited 12×
  The court held that the International Union's imposition of a trusteeship over Local 589 was invalid due to the International's bad faith and unclean hands, warranting dissolution of the trusteeship.
• Locke v. Kan. City Power & Light Co.
  660 F.2d 359· 8th Cir.· 1981-09-28 ·cited 12×
  The court held that while the district court correctly found racial discrimination, certain aspects of the remedy, specifically the promotion to a higher position and elimination of the probationary period, lacked sufficient findings to be affirmed and were remanded for further c
• Harper v. Gen. Grocers Co.
  590 F.2d 713· 8th Cir.· 1979-01-05 ·cited 12×
  The court held that while retroactive seniority is appropriate relief for the unlawful discharge, immediate appointment to a permanent position was not warranted, and back pay was not awarded due to lack of evidence.
• Brennan v. Saghatelian
  514 F.2d 619· 9th Cir.· 1975-03-25 ·cited 12×
  The court held that the trial judge did not abuse equitable discretion in denying a restitutionary injunction for back overtime wages under the Fair Labor Standards Act.
• Boyle v. Boyle
  194 So. 2d 64· Fla. 3d DCA· 1967-01-10 ·cited 12×
  In this post-decree divorce enforcement case, a Florida appellate court affirmed an order requiring a former husband to pay half of his ex-wife's medical expenses and back child support for their adult son, rejecting his arguments that remarriage relieved him of obligations and t
• McCOMB v. Goldblatt Bros., Inc.
  166 F.2d 387· 7th Cir.· 1948-03-03 ·cited 12×
  The court held that the district court did not abuse its discretion in denying an injunction, as the defendant demonstrated good faith compliance with the Fair Labor Standards Act and the prior mandate did not compel the issuance of an injunction.
• Hydraulic Press MFG. Co. v. Williams
  165 F.2d 489· 7th Cir.· 1947-12-09 ·cited 12×
  The court held that the patent claims at issue were invalid due to anticipation by prior art and lack of patentable novelty, and that the trial court did not abuse its discretion in dismissing the complaint.
• CNA Fin. Corp. v. Brown
  162 F.3d 1334· 11th Cir.· 1998-12-22 ·cited 11×
  CNA Financial Corporation sought to enjoin Larry Brown and his corporation from using the "CNA" service mark, claiming trademark infringement and unfair competition under the Lanham Act. The district court denied the injunction because Brown's company had not yet used the mark in
• In re The Huntington Ltd. v. City OF Huntington Beach
  654 F.2d 578· 9th Cir.· 1981-08-24 ·cited 11×
  The court held that a bankruptcy court has the equitable discretion to refuse enforcement of a lease termination provision, even if valid under the Bankruptcy Act, when compelling equitable and policy considerations require it, and can order the sale of a leasehold interest witho
• Trustees OF THE Chicago Truck Drivers v. Cent. Transp., Inc.
  935 F.2d 114· 7th Cir.· 1991-06-11 ·cited 10×
  Orders to make interim withdrawal liability payments under MPPAA are final decisions appealable under 28 U.S.C. § 1291, and district courts retain jurisdiction to register judgments during an appeal.
• Kahma Jenkins v. The State OF Mo.
  931 F.2d 470· 8th Cir.· 1991-04-22 ·cited 10×
  The court affirmed the district court's orders regarding funding procedures, asbestos abatement costs, monitoring committee operations, cost avoidance calculations, and construction budget increases for Central High School.
• Consol. Aluminum Corp. v. Foseco Int'l Ltd.
  910 F.2d 804· Fed. Cir.· 1990-07-19 ·cited 10×
  The court affirmed the district court's judgment holding the '917 patent unenforceable due to inequitable conduct and other related patents unenforceable under the unclean hands doctrine, and affirmed the invalidity of the '056 and '371 patents due to obviousness.
• United States v. Ottati & Goss, Inc.
  900 F.2d 429· 1st Cir.· 1990-04-04 ·cited 10×
  A court's jurisdiction to grant relief under CERCLA § 9606(a) (first sentence) is discretionary and not bound by EPA's chosen remedy unless the court finds it arbitrary and capricious.
• Curley v. Mobil OIL Corp.
  860 F.2d 1129· 1st Cir.· 1988-11-08 ·cited 10×
  The court held that Mobil did not breach the agreement by failing to close within a reasonable time, and that Mobil is entitled to specific performance of the purchase option. The court reversed the district court's rulings to the contrary.
• Reprod. Health Servs. v. Freeman
  614 F.2d 585· 8th Cir.· 1980-01-09 ·cited 10×
  The court affirmed the award of attorney's fees but reversed the trial court's ruling on the merits of the abortion funding claim.
• In re The Bohack Corp. v. Borden, Inc.
  599 F.2d 1160· 2d Cir.· 1979-05-07 ·cited 10×
  The court held that the bankruptcy court abused its discretion by enjoining a creditor's counterclaim in an antitrust suit initiated by the debtor, as the equities weighed in favor of allowing the setoff.
• Reserve Life Ins. Co. & Midland Nat'l Life Ins. Co. v. Provident Life Ins. Co.
  499 F.2d 715· 8th Cir.· 1974-06-21 ·cited 10×
  The court held that the extension of the voting trust was valid under North Dakota law and exempt from registration under the Securities Act of 1933 and state blue sky laws, but reversed and remanded because the solicitation for the extension violated the Securities Exchange Act
• Stout v. Jefferson Cnty. Bd. OF Educ.
  483 F.2d 84· 5th Cir.· 1973-07-18 ·cited 10×
  The court affirmed the district court's modifications to attendance zones and the conversion of Graysville High School into a center for exceptional children, finding these actions consistent with desegregation principles.
• The Wash. Free Cmty., Inc. v. Wilson
  484 F.2d 1078· D.C. Cir.· 1973-05-16 ·cited 10×
  The court affirmed the denial of injunctive relief, finding that a revised police directive cured the primary basis for the alleged constitutional violations and that subsequent incidents were insufficient to demonstrate a likelihood of future misconduct.
• United States v. Am. Soc'y OF Composers
  466 F.2d 917· 2d Cir.· 1972-09-11 ·cited 10×
  The court held that attorneys' fees awarded for benefiting a sub-class of ASCAP members should be increased, as the district court erred in limiting the award solely to the benefit conferred upon the court itself.
• Ashland OIL & Ref. Co. v. Fed. Power Comm'n
  421 F.2d 17· 6th Cir.· 1970-01-15 ·cited 10×
  The court held that the Federal Power Commission's interpretation of its regulations, requiring sellers to file rate increase notices for gas sales, was not arbitrary or capricious and that the Commission was not obligated to withhold its declaratory order pending resolution of a
• Beal v. Waltz
  309 F.2d 721· 5th Cir.· 1962-11-07 ·cited 10×
  The court held that a shipowner cannot obtain the benefit of a state court judgment while simultaneously enjoining the prosecution of that same action in federal limitation proceedings.
• Burton N. Pugach v. Honorable Isidore Dollinger
  275 F.2d 503· 2d Cir.· 1960-02-11 ·cited 10×
  The court held that a federal court should not grant a stay of a state criminal proceeding based on the admissibility of evidence under state rules of evidence, as this would constitute an improper intrusion into state judicial administration.
• Sinclair OIL & GAS Co. v. Masterson
  271 F.2d 310· 5th Cir.· 1959-10-27 ·cited 10×
  The court held that the lessee's exploration in one part of a vast lease, especially after a long delay, does not satisfy the implied covenants to explore and develop the entire leased premises.
• Clemente Segundo v. United States
  221 F.2d 296· 9th Cir.· 1955-03-30 ·cited 10×
  The court held that the first notice of appeal was premature because it was filed before a ruling on a motion to amend findings and judgment, and the second appeal was dismissed because it concerned non-final decisions.
• Wimbish v. Douglass
  92 Fla. 224· Fla.· 1926-07-12 ·cited 10×
  John L. Wimbish, assignee of a real estate purchase contract for commercial property in Sanford, Florida, sought specific performance against the original vendors and subsequent purchasers. The court upheld the lower court's decision granting specific performance, finding that th
• Nelson v. State
  84 Fla. 631· Fla.· 1922-12-01 ·cited 10×
  The Florida Supreme Court upheld an injunction prohibiting Percy Nelson from operating a rooming house and cold drink stand that allegedly served as a front for prostitution and lewdness. The court affirmed that the state has authority to suppress public evils through injunctive
• Ennis C. Allen, Jr. v. Webster
  742 F.2d 153· 4th Cir.· 1984-08-23 ·cited 9×
  The court held that the district court did not abuse its equitable discretion in denying the requested relief of expungement and prohibiting dissemination of arrest records.
• Ortega Co. v. Justiss
  175 So. 2d 554· Fla. 1st DCA· 1965-05-25 ·cited 9×
  Ortega Company sought a mandatory injunction to stop the Justisses from operating a commercial trailer park on residential lots in violation of restrictive covenants. The trial court denied the injunction and transferred the case to law side for damages, which the appellate court
• Stiles Scott v. City of Venice
  123 Fla. 772· Fla.· 1936-04-24 ·cited 9×
  Plaintiff Scott sought specific performance of an alleged contract with the City of Venice to purchase land. The City's answer included a 58-page exhibit of city council meeting minutes. The Florida Supreme Court held that while the lower court properly denied the motion to strik
• Taylor v. Finlayson
  128 Fla. 444· Fla.· 1933-09-03 ·cited 9×
  The Florida Supreme Court reversed a deficiency decree in a mortgage foreclosure suit, holding that a mortgagee cannot recover for taxes and paving assessments if the mortgage does not require the mortgagor to pay them and the mortgagee has not paid them.
• Richardson v. Chase Manhattan Bank
  941 So. 2d 435· Fla. 3d DCA· 2006-10-18 ·cited 8×
  Lessie Richardson appealed the denial of her objections to a foreclosure sale by Chase Manhattan Bank. The court reversed and remanded, finding that material issues of fact existed regarding whether Richardson received proper notice of the rescheduled foreclosure sale and whether
• Wright v. Lewis
  870 So. 2d 179· Fla. 4th DCA· 2004-02-18 ·cited 8×
  The court held that the trial court erred in concluding it lacked jurisdiction to grant restitution and that the father is entitled to restitution from the grandmother for fees and costs not passed to her counsel.
• Bankers Tr. Co. v. Edwards
  849 So. 2d 1160· Fla. 1st DCA· 2003-07-21 ·cited 8×
  The First District Court of Appeal of Florida reversed a trial court's order that canceled a foreclosure sale and effectively extinguished a lender's security interest. The appellate court held that the lender was entitled to proceed with the sale to satisfy the foreclosure judgm
• Bankers Tr. Co. v. OLD Republic Ins. Co.
  959 F.2d 677· 7th Cir.· 1992-04-03 ·cited 8×
  The court held that a suit for a declaration of an insurer's indemnity obligation is not premature under Article III, even if the insured's liability has not yet been determined, and that the fraud count failed to plead fraud with particularity under Rule 9(b).
• Fla. Nat'l Bank OF Miami v. Bankatlantic
  589 So. 2d 255· Fla.· 1991-10-24 ·cited 8×
  Florida National Bank (mortgagee) sought to collect both an acceleration of mortgage payments and a prepayment penalty fee after the mortgagor Gordon intentionally defaulted. The Florida Supreme Court held that in commercial transactions, courts have discretion in equity to allow
• In re Coastal Alaska Lines, Inc. v. Forsch
  920 F.2d 1428· 9th Cir.· 1990-11-27 ·cited 8×
  The court held that Zidell's due process rights were not violated, the bankruptcy court lacked equitable discretion to extend the claims bar date beyond the exceptions in Rule 3002(c), and Zidell was not entitled to participate in distribution under § 726(a)(2)(C) because it had