Equitable Powers Of Federal Courts

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

• Fendler v. United States Parole Comm'n
  774 F.2d 975· 9th Cir.· 1985-10-22 ·cited 11×
  The court held that presentence reports are agency records subject to FOIA, but remanded for consideration of exemption (3). It also affirmed dismissal of other claims, including Bivens claims due to immunity.
• 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.
• Martin Cnty. v. Makemson
  464 So. 2d 1281· Fla. 4th DCA· 1985-03-06 ·cited 10×
  Martin County challenges a trial court's award of attorney's fees to court-appointed counsel in excess of statutory limits under section 925.036, Florida Statutes. The trial court declared the fee-cap statute unconstitutional as a judicial usurpation by the legislature. The appel
• Cal. Tahoe Reg'l Planning Agency & People of the State of Cal. v. Jennings
  594 F.2d 181· 9th Cir.· 1979-02-15 ·cited 10×
  The court held that challenges to the procedural validity of local permit issuances are barred by Nevada's 25-day statute of limitations, and that the federal common law nuisance claim was not stated under these circumstances.
• Grinnell Bros., Inc. v. Touche Ross & Co.
  655 F.2d 725· 6th Cir.· 1981-07-24 ·cited 8×
  The court held that the district court did not err in awarding attorney's fees to the plaintiffs because the defendants' removal of the case was improper and warranted such an award under the court's equitable powers.
• Harrison v. Harrison
  214 F.2d 571· 4th Cir.· 1954-07-19 ·cited 8×
  A federal district court has the power to enforce a foreign alimony and support decree, including future payments, through its equitable powers, even if the foreign divorce is not recognized.
• The Singer Co. v. Skil Corp.
  803 F.2d 336· 7th Cir.· 1986-10-14 ·cited 7×
  The court held that Singer was entitled to recover mistakenly paid royalties from Skil, and that Lucerne was obligated to reimburse Skil for those royalties based on their license agreement. Prejudgment interest and attorney fees were denied to Singer, and Lucerne's cross-claim a
• Brown v. THE Bd. OF Educ. OF the City OF Bessemer
  808 F.2d 1445· 11th Cir.· 1987-02-02 ·cited 6×
  The court held that the district court acted within its equitable authority by issuing an injunction that postponed the school-related effects of annexation to prevent significant disruption to an ongoing intradistrict desegregation plan.
• Gilbert v. City OF Little Rock
  799 F.2d 1210· 8th Cir.· 1986-08-28 ·cited 6×
  The district court's finding of no adverse discriminatory impact from the oral exam was not clearly erroneous and should be affirmed.
• Interstate Commerce Comm'n v. Beehive State Agric. Coop., Inc.
  575 F.2d 802· 10th Cir.· 1978-05-01 ·cited 6×
  The court held that the Interstate Commerce Commission has the authority to seek injunctive relief to enforce its right to inspect the books and records of agricultural cooperatives engaged in interstate transportation for nonmembers.
• Marcel Youakim and Linda Youakim v. Miller
  562 F.2d 483· 7th Cir.· 1977-09-27 ·cited 6×
  Related persons caring for state wards in approved foster homes are eligible for AFDC-FC assistance under the Social Security Act, and state laws or policies excluding them conflict with federal law.
• The IVY Club v. Edwards
  943 F.2d 270· 3d Cir.· 1991-08-21 ·cited 5×
  The court held that Ivy waived its right to reserve federal claims under England by unreservedly litigating them in state proceedings before attempting any reservation, and that the Rooker-Feldman doctrine divests the district court of jurisdiction over claims seeking review of s
• Commodity Futures Trading Comm'n v. Sterling Trading Grp., Inc.
  605 F. Supp. 2d 1245· S.D. Fla.· 2009-03-20 ·cited 4×
  The Court adopted the Magistrate Judge's reports, denying the plaintiff's motion for preliminary injunction, granting in part and denying in part the defendants' motion to dismiss, and granting in part and denying in part the plaintiff's motion for summary judgment.
• In re Dep't of Energy Stripper Well Exemption Litig. Koch Indus., Inc. v. Mobil OIL Corp.
  968 F.2d 27· Temp. Emer. Ct. App.· 1992-04-07 ·cited 4×
  The court held that a federal common law cause of action for restitution or reimbursement is permissible in a third-party complaint joined to a government enforcement action under the Economic Stabilization Act, and that the district court did not abuse its discretion in allowing
• Richmond Tenants Org. v. Kemp
  956 F.2d 1300· 4th Cir.· 1992-03-02 ·cited 4×
  The court held that the summary eviction of a public housing tenant without prior notice and an opportunity to be heard violates the Due Process Clause, except in exigent circumstances.
• Craton Liddell v. The Bd. OF Educ. OF the City OF ST. Louis
  867 F.2d 1153· 8th Cir.· 1989-02-16 ·cited 4×
  The court held that the district court had the authority to review, approve, and modify extensions of the Settlement Agreement in a desegregation case, and that Missouri's Eleventh Amendment challenges were without merit.
• Sims Snowboards, Inc. v. Craig Kelly & the Burton Corp.
  863 F.2d 643· 9th Cir.· 1988-12-06 ·cited 4×
  A federal court in a diversity case must apply state law, including anti-injunction statutes, if that law is outcome-determinative, even if federal equitable powers might otherwise permit an injunction.
• United States v. DOE
  859 F.2d 1334· 8th Cir.· 1988-10-25 ·cited 4×
  The court held that the Federal Youth Corrections Act does not authorize expunction of a conviction record that has already been set aside, and the district court's equitable power to expunge is narrowly limited.
• Ill. Cent. Gulf R.R. Co. v. DELTA Millwork, Inc.
  802 F.2d 156· 5th Cir.· 1986-10-14 ·cited 4×
  The court held that attorneys' fees cannot be awarded under 49 U.S.C. § 11705(d)(3) without a finding of carrier liability, and that the facts did not support an equitable award due to a good faith dispute. Expert witness fees are limited by statute in non-diversity cases.
• Tallulah Morgan v. McDONOUGH
  548 F.2d 28· 1st Cir.· 1977-01-26 ·cited 4×
  The court held that the district court's orders requiring the School Committee to make specific facilities repairs and appoint court-nominated administrative staff were within the court's equitable power to enforce desegregation orders.
• Sec. & Exch. Comm'n v. First Sec. Co. OF Chicago
  528 F.2d 449· 7th Cir.· 1976-01-07 ·cited 4×
  The court held that the denial of compensation to the creditors' committee attorney was an abuse of discretion, and remanded for an award of expenses and fees. The court affirmed the compensation awarded to the receiver's attorneys.
• N. Pac. S.S. Co. v. Pyramid Bulkcarriers, Inc.
  515 F.2d 426· 5th Cir.· 1975-06-30 ·cited 4×
  The court held that a show cause order is not a proper procedure to add new parties as judgment debtors under the alter ego theory.
• The MacCabees v. City OF N. Chicago
  125 F.2d 330· 7th Cir.· 1942-01-13 ·cited 4×
  The court held that the district court has jurisdiction to entertain a complaint alleging fraud and conspiracy to defraud, even if it involves state-created rights, and that the statute of limitations did not bar the plaintiff's claim for violation of statutory duty.
• Rochester Pure Waters Dist. v. Env't Prot. Agency
  960 F.2d 180· D.C. Cir.· 1992-04-03 ·cited 2×
  A federal court cannot order an executive agency to set aside funds from an appropriation that Congress has rescinded, as this would usurp Congress's power of the purse.
• United AIR Lines, Inc. v. Airline Division
  874 F.2d 110· 2d Cir.· 1989-05-04 ·cited 2×
  A union is not required to seek judicial enforcement of a carrier's bargaining obligation under the Railway Labor Act before engaging in secondary picketing.
• United States v. Brown
  988 F.2d 658· 6th Cir.· 1993-03-19 ·cited 1×
  The court held that the 1990 amendment to 18 U.S.C. § 1345 did not limit the district court's authority to freeze assets in civil fraud cases not involving banking law violations. However, the court remanded because the district court froze untainted assets along with those trace
• U.S. Sec. & Exch. Comm'n v. Spartan Sec. Grp., Ltd.
  M.D. Fla.· 2022-08-10
  The SEC brought securities fraud charges against Spartan Securities Group and related defendants for making materially false statements in connection with penny stock offerings, and a jury found the defendants liable on one of fourteen counts for violations of Section 10(b) and R
• Inversiones y Procesadora Tropical Inprotsa, S.A. v. Del Monte Int'l GMBH
  S.D. Fla.· 2020-10-30
  The court adopted in part the Magistrate Judge's Report and Recommendation, issuing an Order to Show Cause for contempt and deferring ruling on sanctions and attorney's fees.