Equitable Remedies

1,030 Florida cases classified under this topic, plus 246 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Arca Airlines Ltda. v. United States Customs Serv.
  726 F. Supp. 827· S.D. Fla.· 1989-10-10 ·cited 4×·via Equitable Restitution
  The court held that customs' penalty assessment and mitigation decisions are not subject to judicial review on the merits, and that the airline's procedural due process claims failed because it received adequate notice and was not prejudiced by any technical error.
• Taylor BAY Protective Assoc. v. Adm'r, United States Env't Prot. Agency
  884 F.2d 1073· 8th Cir.· 1989-09-01 ·cited 4×
  The court affirmed the district court's findings that the Districts' operation of the flood control project constituted a nuisance and that the Corps' Section 216 report was not subject to judicial review.
• United Transp. Union v. Consol. Rail Corp.
  881 F.2d 282· 6th Cir.· 1989-07-31 ·cited 4×
  The dissenting judge believes the Sixth Circuit precedent clearly indicates no jury trial right exists in this § 301 case.
• Craton Liddell v. The Bd. OF Educ. OF the City OF ST. Louis
  867 F.2d 1153· 8th Cir.· 1989-02-16 ·cited 4×·via Equitable Powers Of Federal Courts
  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×·via Equitable Powers Of Federal Courts
  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×·via Equitable Powers Of Federal Courts
  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.
• Comprop Inv. Props., Ltd. v. First Tex. Sav. Ass'n
  534 So. 2d 418· Fla. 2d DCA· 1988-09-21 ·cited 4×
  Florida appellate court reversed a receiver appointment order because the foreclosing lender failed to post a receivership bond as required by law absent exceptional circumstances.
• Glover v. Johnson
  855 F.2d 277· 6th Cir.· 1988-08-22 ·cited 4×
  The court's reference to per capita allocation of costs should not be overread but considered in context.
• Fern Scoggins v. The Bd. OF Educ. OF the Nashville
  853 F.2d 1472· 8th Cir.· 1988-08-12 ·cited 4×
  The court affirmed the dismissal of individual discrimination claims and class claims of a discriminatory educational environment, but vacated and remanded the order requiring proportional hiring goals for further proceedings.
• Pac. Ins. Co. v. Quarles Drilling Corp.
  850 F.2d 1087· 5th Cir.· 1988-08-02 ·cited 4×
  The court held that the insurance policy should be reformed to reflect the parties' mutual intent to exclude coverage for injuries to crew members, as the evidence clearly and convincingly demonstrated this intent.
• Farmers Irrigating Ditch & Reservoir Co. v. Kane
  845 F.2d 229· 10th Cir.· 1988-04-22 ·cited 4×
  A tortfeasor who admits liability and causes damage cannot utilize an interpleader action to limit their liability by tendering minimal assets and seeking discharge from further claims.
• Brock v. Loran W. Robbins
  830 F.2d 640· 7th Cir.· 1987-09-08 ·cited 4×·via Equitable Relief Under Erisa
  The court held that while the trustees' approval of Amalgamated's fees was imprudent due to lack of investigation, it did not violate ERISA sections 404(a)(1)(A) or 406 because the fees were ultimately reasonable and caused no loss to the fund; however, the imprudent conduct itse
• Bennett v. Gibson
  510 So. 2d 1234· Fla. 2d DCA· 1987-08-14 ·cited 4×
  A former wife sought to enforce a Virginia child support judgment against her ex-husband in Florida courts using contempt and equitable remedies. The trial court denied enforcement solely on jurisdictional grounds, but the appellate court reversed, holding that Florida courts hav
• Ill. Cent. Gulf R.R. Co. v. DELTA Millwork, Inc.
  802 F.2d 156· 5th Cir.· 1986-10-14 ·cited 4×·via Equitable Powers Of Federal Courts
  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.
• Gemveto Jewelry Co., Inc. v. Jeff Cooper Inc. & Jeff Cooper
  800 F.2d 256· Fed. Cir.· 1986-09-05 ·cited 4×·via Equitable Decree
  The court held that an injunction under state common law of unfair competition cannot enjoin the copying of jewelry designs themselves, but must be narrowly tailored to prohibit specific acts of palming-off or deceptive marketing that cause customer confusion as to source.
• Thompson v. Cleland
  782 F.2d 719· 7th Cir.· 1986-01-28 ·cited 4×
  The court held that the district court erred in dismissing a contempt motion solely because the plaintiff's initial settlement proposal was perceived as excessive.
• Pierce v. Vision Invs., Inc.
  779 F.2d 302· 5th Cir.· 1986-01-03 ·cited 4×·via Equitable Decree
  A consent order entered under the Interstate Land Sales Full Disclosure Act, requiring payments to purchasers, is an equitable decree in the public interest, not a mere money judgment or debt, and is therefore enforceable by civil contempt under federal and Texas law.
• Devers v. Chateau Corp. & C.F. Prospect
  748 F.2d 902· 4th Cir.· 1984-11-20 ·cited 4×
  The court held that Virginia's 15-year statute of limitations for recovering land applies to an action to assign dower, and the doctrine of laches is inapplicable.
• Arthur v. Ewald P. Nyquist
  712 F.2d 816· 2d Cir.· 1983-07-22 ·cited 4×
  A district court has the equitable power to override seniority rights to remedy intentional racial segregation in a school system, but the remedy must be narrowly tailored and not unnecessarily harsh.
• Hoots v. Commonwealth OF Pa.
  703 F.2d 722· 3d Cir.· 1983-03-28 ·cited 4×
  The court held that the district court did not abuse its discretion in ordering the desegregation of elementary schools and in rejecting the appellant's desegregation plan, affirming the district court's judgment.
• Juvena Jenkins v. Bowling
  691 F.2d 1225· 7th Cir.· 1982-11-01 ·cited 4×
  The court held that Illinois' "held in abeyance" proviso for unemployment benefits violates federal law by unduly delaying payments to eligible individuals, thus infringing upon the Supremacy Clause.
• United States v. The Bd. OF Sch. Comm'rs OF the City OF Indianapolis
  677 F.2d 1185· 7th Cir.· 1982-03-26 ·cited 4×
  The court held that the State of Indiana, as the sole party found liable for interdistrict desegregation violations, must bear the entire cost of the court-ordered remedy, and state statutes limiting such liability are inapplicable.
• Brown v. Kermit Marlin Brown
  399 So. 2d 1083· Fla. 1st DCA· 1981-06-22 ·cited 4×
  A former spouse may not obtain a contempt judgment or modification of child support when she previously agreed to the suspension of payments in exchange for the other party's agreement to cease contact, and when she presented no evidence of changed circumstances before the trial
• Equal Emp. Opportunity Comm'n v. Safeway Stores
  634 F.2d 1273· 10th Cir.· 1980-11-17 ·cited 4×
  The court held that the trial court erred in limiting back pay to 1977 and in denying front pay, as remedies should be fashioned to make the claimant whole from the date of the initial discrimination.
• Cletus Phillips and Eleanor Phillips v. Cutler
  388 So. 2d 48· Fla. 2d DCA· 1980-09-17 ·cited 4×
  The circuit court's transfer of a case seeking declaratory and injunctive relief to a county court was improper because the county court lacked subject matter jurisdiction.
• Covington Indus., Inc. v. Resintex A. G. and Horst Susskind
  629 F.2d 730· 2d Cir.· 1980-06-23 ·cited 4×·via Equitable Relief From Judgment
  A New York district court can entertain a Rule 60(b) motion to vacate a registered Georgia federal court judgment if the Georgia court lacked in personam jurisdiction.
• Cooper v. Wolkowitz
  375 So. 2d 1099· Fla. 3d DCA· 1979-09-18 ·cited 4×
  Cooper homeowners appealed a mortgage foreclosure judgment, arguing they had paid the debt through a cashier's check from a foreign bank and received a satisfaction of mortgage in exchange. The court held that delivery of an uncollected cashier's check from a foreign bank did not
• Haycraft v. Bd. OF Educ. OF Jefferson Cnty.
  585 F.2d 803· 6th Cir.· 1978-10-20 ·cited 4×
• Abbotts Dairies Div. of Fairmont Foods, Inc. v. Butz
  584 F.2d 12· 3d Cir.· 1978-08-01 ·cited 4×·via Equitable Restitution
  The court held that the passing on defense is not applicable and that the district court, not the Secretary, should determine the amount of restitution for overpayments made under an invalid milk marketing order.
• Haycraft v. Bd. OF Educ. OF Jefferson Cnty.
  560 F.2d 755· 6th Cir.· 1977-08-23 ·cited 4×
  The court held that the district court did not exceed its remedial powers by amending a desegregation plan to address ongoing non-compliance, distinguishing the case from Pasadena.
• Tallulah Morgan v. McDONOUGH
  548 F.2d 28· 1st Cir.· 1977-01-26 ·cited 4×·via Equitable Powers Of Federal Courts
  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.
• Rochholz v. Farrar
  547 F.2d 63· 8th Cir.· 1976-12-28 ·cited 4×·via Equitable Rescission
  The court held that sellers' negligence in failing to read an unambiguous contract, despite assurances about its meaning, barred their claim for rescission under Iowa law.
• Sec. & Exch. Comm'n v. First Sec. Co. OF Chicago
  528 F.2d 449· 7th Cir.· 1976-01-07 ·cited 4×·via Equitable Powers Of Federal Courts
  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×·via Equitable Powers Of Federal Courts
  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.
• Mrs. Norma J. Wright v. Baker Cnty. Bd. OF Educ.
  501 F.2d 131· 5th Cir.· 1974-09-05 ·cited 4×
  The court held that the sale of a public school building to a private, segregated academy, facilitated by the school board's actions, must be rescinded and the property returned to the school board, with modifications to the original consent decree.
• Int'l Union v. Dist. 50
  435 F.2d 421· D.C. Cir.· 1970-08-17 ·cited 4×
  The court held that the $8,000,000 promissory note and affiliation agreement were unenforceable due to the UMW's fiduciary breach and the coercive circumstances of their execution, particularly in light of the Landrum-Griffin Act.
• Mulkey v. Purdy
  234 So. 2d 108· Fla.· 1970-04-08 ·cited 4×·via Equitable Decree
  Petitioner Mulkey sought to expunge fingerprint and photograph records from his 1959 misdemeanor arrest, after successfully completing probation with adjudication withheld. The Florida Supreme Court held that without statutory authority or strong equitable considerations, courts
• Milgram v. LEE
  200 So. 2d 238· Fla. 3d DCA· 1967-05-31 ·cited 4×·via Equitable Relief From Judgment
  The court affirmed the final decree, finding no reversible error in the points raised on appeal.
• Rainbo Gold Mines v. Matilda C. Magnus
  371 F.2d 519· 10th Cir.· 1966-12-20 ·cited 4×
  The court held that the stipulation, when interpreted in light of surrounding circumstances and the parties' conduct, included the disputed Greenhorn mining claims as security for the confessed judgment, and that the corporate fiction could be disregarded to bind the corporation.
• Huddleston v. Ohio River Co.
  328 F.2d 789· 3d Cir.· 1964-02-28 ·cited 4×·via Equitable Relief From Judgment
  The district court lacked federal jurisdiction to entertain an independent equitable action to invalidate a state court judgment obtained by fraud.
• Truitt Mathew Stewart v. United States & Asbury Transp. Co.
  327 F.2d 201· 10th Cir.· 1964-01-22 ·cited 4×
  The court held that the trust fund theory applies to ultimate distributees of a dissolved corporation's assets, but not to a prior stock owner who sold the stock before dissolution. The court also held that the United States is not subject to the Interstate Commerce Act's time li
• Nat'l Airlines, Inc. v. Air Line Pilots Ass'n
  154 So. 2d 843· Fla. 3d DCA· 1963-07-09 ·cited 4×
  National Airlines appeals from a summary judgment granting a permanent injunction against it for allegedly violating a collective bargaining agreement with the Air Line Pilots Association by requiring pilots to fly more than 85 hours per month. The court reversed, holding that th
• Shubin v. The United States Dist. Court FOR the S. Dist. OF Cal.
  313 F.2d 250· 9th Cir.· 1963-01-31 ·cited 4×
  The court held that the claim, as modified by pleadings, admissions, and stipulations, is purely equitable, and thus petitioners are not entitled to a jury trial on the issues raised.
• Hevia v. Palm Terrace Fruit Co.
  119 So. 2d 795· Fla. 2d DCA· 1960-04-06 ·cited 4×·via Equitable Relief (Injunction)
  Hevia and others appealed an injunction prohibiting them from selling alcoholic beverages and operating a tavern at properties in a Florida subdivision. The court affirmed, holding that restrictive covenants contained in the subdivision plat and property deeds, prohibiting the sa
• de Korwin v. First Nat'l Bank OF Chicago
  275 F.2d 755· 7th Cir.· 1960-02-03 ·cited 4×
  The court held that the spendthrift clause in the will did not apply to the corpus of the trust and that the assignments, despite their form, constituted loans subject to New York usury laws, but affirmed the trial court's equitable remedy.
• Baker v. Mueller
  222 F.2d 180· 7th Cir.· 1955-05-04 ·cited 4×
  Public officials acting within their official capacity and statutory authority are immune from liability, even if they erroneously determined a building to be a nuisance. The statutory remedy provided is exclusive and bars damage claims.
• Schuetz et ux. v. Niziolek
  62 So. 2d 704· Fla.· 1953-01-20 ·cited 4×
  Sellers of a tourist court appealed a decree of specific performance requiring them to convey the property to a buyer in exchange for a grocery business. The Florida Supreme Court reversed, finding the buyer materially breached the contract by failing to deliver clear title to th
• Pohlemann v. Stephens Petroleum Co.
  197 F.2d 134· 10th Cir.· 1952-05-07 ·cited 4×
  The court held that the lessors failed to prove abandonment or breach of the implied covenant to diligently develop the lease, and cancellation would be inequitable.
• Socony-Vacuum Oil Co., Inc. v. Allied Oil Corp.
  178 F.2d 239· 7th Cir.· 1949-12-02 ·cited 4×·via Equitable Restitution
  A complaint alleging common law fraud and deceit, based on a seller's false representations of ceiling prices, should not be dismissed even if the transactions also involved potential violations of the Emergency Price Control Act.
• McCALLUM v. Anderson
  147 F.2d 811· 10th Cir.· 1945-01-10 ·cited 4×
  The court held that the beneficiary's claim was barred by laches and the statute of limitations by analogy due to her failure to assert it diligently after knowledge of the trust's depletion and final accounting.