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

• Gautreaux v. Romney
  448 F.2d 731· 7th Cir.· 1971-09-10 ·cited 68×
  The court held that HUD, through its Secretary, violated the Fifth Amendment's Due Process Clause and Section 601 of the Civil Rights Act of 1964 by knowingly approving and funding racially discriminatory public housing sites in Chicago. The court also found the case was not moot
• Spring v. Ronel Ref., Inc.
  421 So. 2d 46· Fla. 3d DCA· 1982-10-26 ·cited 67×
  The court held that when legal and equitable claims are mixed, and the legal claim's issues are similar to the equitable claim's issues, the legal claim must be tried by a jury first to preserve the right to a jury trial.
• The Seaboard Oil Co. v. Donovan
  99 Fla. 1296· Fla.· 1930-06-06 ·cited 66×
  Seaboard Oil Company sought an injunction to enforce an exclusive gasoline supply contract against the Donovans, who had ceased purchasing from Seaboard and were selling competing products. The Florida Supreme Court affirmed the denial of the temporary injunction, finding that Se
• Powell v. Chesapeake & Potomac Tel. Co. OF Va.
  780 F.2d 419· 4th Cir.· 1985-12-18 ·cited 65×·via Equitable Relief Under Erisa
  State law claims are preempted by ERISA, and extracontractual and punitive damages are not available under ERISA in these circumstances.
• Mitchell v. Pidcock
  299 F.2d 281· 5th Cir.· 1962-02-05 ·cited 65×
  The court held that the trial judge did not abuse his discretion in denying an injunction, as the defendant showed good faith reliance on counsel and promised future compliance.
• Royal v. Parado
  462 So. 2d 849· Fla. 1st DCA· 1985-01-22 ·cited 62×
  An elderly widow sought rescission of quitclaim deeds she granted to her great-niece and great-nephew-in-law in exchange for their promise to provide care and support for life. The trial court rescinded the deeds and ordered the appellants to continue mortgage payments, but the a
• Goss v. Exxon Off. Sys. Co.
  747 F.2d 885· 3d Cir.· 1984-11-07 ·cited 62×
  The court held that an employer's knowing allowance of discriminatory conditions so intolerable that a reasonable person would resign constitutes constructive discharge, and that the trial court's findings of sex discrimination, constructive discharge, and damages were not clearl
• United States v. State OF Or.
  657 F.2d 1009· 9th Cir.· 1981-09-10 ·cited 62×·via Equitable Decree
  Indian tribes may consent to suit without explicit Congressional authority, and the Yakima Tribe's intervention and agreement to submit disputes to federal court constituted such consent, waiving their sovereign immunity.
• Tallulah Morgan v. Kerrigan
  530 F.2d 401· 1st Cir.· 1976-01-14 ·cited 62×
  The court affirmed the district court's desegregation plan, finding it constitutionally adequate and within the court's equitable powers, despite the Equal Educational Opportunities Act of 1974.
• Schnell v. City OF Chicago
  407 F.2d 1084· 7th Cir.· 1969-03-17 ·cited 62×·via Equitable Relief (Injunction)
  The district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim under 42 U.S.C. § 1983.
• Prof'l Ass'n OF Coll. Educators v. EL Paso Cnty. Cmty. Coll. Dist.
  730 F.2d 258· 5th Cir.· 1984-04-20 ·cited 61×
  The court held that the majority's analysis for denying reinstatement departs from established Supreme Court precedent and circuit law by introducing an unnecessary 'fairness and equity' defense.
• State of Fla. ex rel. Ben Watkins v. Fernandez
  106 Fla. 779· Fla.· 1932-09-27 ·cited 61×
  Florida Supreme Court held that quo warranto is an available remedy to test the right to a nomination for office in a state primary election, establishing that primary nominations confer valuable rights within the scope of the writ. The Court denied the motion to quash but remand
• Adams v. Citizens Bank OF Brevard
  248 So. 2d 682· Fla. 4th DCA· 1971-06-07 ·cited 60×
  In a mortgage foreclosure suit, the court reversed the trial court's non-jury judgment on the equitable foreclosure claim because the defendants had a constitutional right to jury trial on a compulsory legal counterclaim for breach of contract, and the factual issues were common
• Lang v. Jack Horne and his wife Celeste Horn
  156 Fla. 605· Fla.· 1945-11-30 ·cited 59×
  Plaintiff sought rescission of a real estate contract with the defendants on grounds of their failure to provide an abstract of title and alleged interference with his right to cut pulpwood. The Florida Supreme Court affirmed dismissal of the complaint, holding that rescission wa
• Wells v. Hico Indep. Sch. Dist.
  736 F.2d 243· 5th Cir.· 1984-07-16 ·cited 58×
  The court held that the trial judge erred in submitting the due process liberty interest claim to the jury because there was no evidence to support it.
• W. Am. Ins. Co. v. Yellow CAB Co. OF Orlando, Inc.
  495 So. 2d 204· Fla. 5th DCA· 1986-08-28 ·cited 57×
  West American Insurance Company appealed a judgment notwithstanding the verdict (NOV) entered in its contribution action against Yellow Cab. The court reversed, holding that while West American could not recover under the contribution statute because it was not found to be a tort
• Beraldine L. Acha and Arlene M. Egan v. Beame
  570 F.2d 57· 2d Cir.· 1978-01-12 ·cited 57×
  The court held that a partial summary judgment, not adjudicating all claims or relief, is not final under Rule 54(b) and thus not res judicata, allowing for its vacation by the district court.
• The Cnty. OF Cook v. Midcon Corp.
  773 F.2d 892· 7th Cir.· 1985-09-24 ·cited 56×
  The court held that the district court correctly applied collateral estoppel to bar the plaintiffs' RICO claims, as the essential issues regarding the corporate reorganization and related financial practices were already litigated and decided in prior state court proceedings.
• Trueman Fertilizer Co. v. Allison
  81 So. 2d 734· Fla.· 1955-07-29 ·cited 56×
  Trueman Fertilizer Co. sued to foreclose a lien based on its redemption of tax sale certificates against lands that were assets of Wise Perry's unadministered estate. The Florida Supreme Court reversed the trial court's dismissal, holding that the creditor had sufficient equitabl
• Jordan v. Weaver
  472 F.2d 985· 7th Cir.· 1973-01-18 ·cited 55×·via Equitable Restitution
  The Eleventh Amendment does not bar federal court orders for retroactive welfare benefits when a state participates in a federal program and agrees to comply with federal law. Federal regulations requiring promptness are consistent with the Social Security Act.
• Sierra Club v. Lt. Gen. Robert L. VAN Antwerp Chief of Eng'rs
  526 F.3d 1353· 11th Cir.· 2008-05-09 ·cited 54×
  The Eleventh Circuit affirmed in part and reversed in part the district court's judgment. The court held that it had appellate jurisdiction over the summary judgment and remedies orders. It agreed that the Endangered Species Act claim was mooted and the district court's NEPA anal
• Citronelle-Mobile Gathering, Inc. v. Edwards
  669 F.2d 717· Temp. Emer. Ct. App.· 1982-01-21 ·cited 54×
  The court held that the transactions were not 'export sales' exempt from price regulations and that Alabama's statute of limitations would frustrate federal policy, affirming the district court's decision on these points but modifying the restitution order.
• In re Bradley v. The Sch. Bd. OF the City OF Richmond
  462 F.2d 1058· 4th Cir.· 1972-06-05 ·cited 54×
  A federal district court cannot compel a state to restructure its internal government, including school district boundaries, to achieve racial balance absent invidious discrimination in the establishment or maintenance of those governmental units.
• Elbert B. Connell v. Dulien Steel Prods., Inc.
  240 F.2d 414· 5th Cir.· 1957-01-18 ·cited 54×·via Claim For Equitable Relief
  The court held that the temporary restraining order, even if improperly extended, was not an appealable interlocutory injunction and that the appeal was premature.
• Sherman v. Burke Contracting, Inc.
  891 F.2d 1527· 11th Cir.· 1990-01-16 ·cited 53×
  The court held that the anti-retaliation provision of Title VII does not imply a cause of action for money damages against former employers for retaliatory blacklisting.
• Sokol v. Jacob L. Bernstein, M.D.
  803 F.2d 532· 9th Cir.· 1986-10-28 ·cited 53×·via Equitable Relief Under Erisa
  A beneficiary of an ERISA plan cannot recover extra-contractual damages, including emotional distress damages, under § 502(a)(3) of ERISA.
• Damsky v. Honorable Joseph C. Zavatt
  289 F.2d 46· 2d Cir.· 1961-04-03 ·cited 53×
  The court held that the Seventh Amendment does not require a jury trial for certain tax collection claims, particularly when the taxpayer has no wages or property.
• Franke v. Wiltschek
  209 F.2d 493· 2d Cir.· 1953-12-09 ·cited 53×
  A party who obtains secret information through a confidential relationship and uses it to their detriment incurs liability, even if the information could have been discovered by other means.
• Zarrella v. Pac. Life Ins.
  755 F. Supp. 2d 1218· S.D. Fla.· 2010-11-10 ·cited 52×
  The court held that fraud-based claims fail for lack of particularity and reliance, the FDUTPA claim fails as it does not apply to insurers, unjust enrichment fails due to an express contract, negligence fails for lack of a legal duty, negligence per se fails due to no private ri
• Diamond "S" Dev. Corp. v. Mercantile Bank
  989 So. 2d 696· Fla. 1st DCA· 2008-08-07 ·cited 52×
• Kalima Jenkins v. The State OF Mo.
  807 F.2d 657· 8th Cir.· 1986-12-05 ·cited 52×
  The District Court erred in concluding that suburban school districts (SSDs) could not be required to participate in an interdistrict remedy for the interdistrict effects of the State of Missouri's housing violations. The case should be remanded to determine the current interdist
• United States v. Exxon Corp.
  773 F.2d 1240· Temp. Emer. Ct. App.· 1985-07-01 ·cited 52×
  The court held that the District Court's order to pay overcharge funds to the Treasury without notice and hearing to potential victims violated equitable principles and Due Process.
• Sec. & Exch. Comm'n v. Blavin
  760 F.2d 706· 6th Cir.· 1985-04-30 ·cited 52×
  The court affirmed the district court's grant of summary judgment, finding no genuine issues of material fact regarding securities law violations, and affirmed the disgorgement order and plan.
• Seattle BOX Co., Inc. v. Indus. Crating & Packing Inc.
  756 F.2d 1574· Fed. Cir.· 1985-03-20 ·cited 52×
  The court held that the district judge did not abuse his discretion in failing to make further findings or adjustments regarding intervening rights, given the infringer's conduct and the limited equities presented.
• Palma Sola Harbour Condo., Inc. v. Huber
  374 So. 2d 1135· Fla. 2d DCA· 1979-09-14 ·cited 50×
  In this consolidated appeal involving a phased condominium development, the court addressed disputes over easement rights, encroachment liabilities, and ownership of recreational facilities between a condominium association and owners of undeveloped portions. The court affirmed m
• Marshall v. Bd. OF Educ.
  575 F.2d 417· 3d Cir.· 1978-03-13 ·cited 50×
  The court held that a change in constitutional law, specifically National League of Cities v. Usery, provided grounds for relief from a prior injunction ordering payment of back wages under the Fair Labor Standards Act.
• Drew v. Liberty Mut. Ins. Co.
  480 F.2d 69· 5th Cir.· 1973-06-04 ·cited 50×
  The court held that the 1972 amendments to Title VII did not eliminate an individual employee's right to seek temporary injunctive relief pending EEOC action, and that dismissal for lack of jurisdiction was error.
• State ex rel. M. E. Garland v. City of W. Palm Beach
  141 Fla. 244· Fla.· 1940-01-05 ·cited 50×
  The Florida Supreme Court affirmed the dismissal of a mandamus action brought by a holder of old municipal bonds who refused to exchange them for new refunding bonds and sought payment from a sinking fund earmarked for the new bonds. The Court held that a bondholder who refuses t
• Fed. Sav. & Loan Ins. Corp. for Sunrise Sav. & Loan Ass'n v. TWO Rivers Assocs., Inc.
  880 F.2d 1267· 11th Cir.· 1989-08-21 ·cited 49×
  The court held that the D'Oench, Duhme doctrine estops the defendant from asserting defenses based on an alleged oral agreement to fund the entire project, as this agreement was not reflected in the savings and loan's records and would mislead regulatory authorities.
• Evans v. Buchanan
  555 F.2d 373· 3d Cir.· 1977-05-18 ·cited 49×
  The dissenting opinion argues that the majority's order is unclear and that the case should be remanded to resolve critical issues regarding interdistrict violations and their effects.
• CIA. Petrolera Caribe, Inc. v. Arco Caribbean, Inc.
  754 F.2d 404· 1st Cir.· 1985-02-06 ·cited 48×
  The court held that the plaintiff had standing to bring the antitrust action and that the district court erred in granting summary judgment due to procedural errors and misapplication of legal standards.
• Kelly v. Guinn
  456 F.2d 100· 9th Cir.· 1972-02-22 ·cited 48×
  The court held that the school district's construction and teacher assignment policies aggravated racial segregation in elementary schools, constituting a constitutional violation, and affirmed the district court's remedial orders while remanding the issue of vacating the stay.
• Fuller Prods. Co. v. The Fuller Brush Co.
  299 F.2d 772· 7th Cir.· 1962-02-13 ·cited 48×
• Fla. E. Coast Ry. Co. v. the State of Fla. by Fla. R.R. Comm'rs
  77 Fla. 571· Fla.· 1919-05-05 ·cited 48×
  The Florida Supreme Court upheld the Railroad Commissioners' authority to bring an equity suit compelling the Florida East Coast Railway Company to discover and refund overcharges collected in violation of a rate regulation. The court rejected the railroad's constitutional challe
• N. Ind. Pub. Serv. Co. v. Carbon Cnty. Coal Co.
  799 F.2d 265· 7th Cir.· 1986-08-13 ·cited 47×
  The court held that the district judge did not abuse discretion in denying a continuance, and the contract was not rendered unenforceable by a potential violation of the Mineral Lands Leasing Act.
• Jacobson v. Tahoe Reg'l Planning Agency
  566 F.2d 1353· 9th Cir.· 1977-12-21 ·cited 47×·via Prospective Equitable Relief
  The court held that while a cause of action for inverse condemnation against the TRPA fails due to lack of condemnation authority, a due process claim under the Fifth Amendment is stated. The TRPA is immune from suit under the Eleventh Amendment unless immunity is waived, and off
• Moody v. Albemarle Paper Co.
  474 F.2d 134· 4th Cir.· 1973-02-20 ·cited 47×
  The court held that the district court did not abuse its discretion in denying back pay, as the plaintiffs' prior disclaimer of seeking such relief created prejudice and the award of back pay is within the district court's equitable discretion.
• Mollie Gibson LeNoir v. McDaniel
  80 Fla. 500· Fla.· 1920-10-08 ·cited 47×
  A married woman sued for specific performance of an agreement to acquire a one-half interest in a business through her personal services as manager. The Florida Supreme Court reversed the lower court's dismissal, holding that a married woman may acquire a separate property intere
• Rosario-Torres v. Hernandez-Colon
  889 F.2d 314· 1st Cir.· 1989-11-08 ·cited 46×
  The court held that public employees, even if hired in violation of technical regulations, acquire a constitutionally protected property interest in their jobs once hired and performing their duties, entitling them to due process before termination.
• Katsaros v. Cody
  744 F.2d 270· 2d Cir.· 1984-06-29 ·cited 46×·via Equitable Relief Under Erisa
  The court affirmed the finding of fiduciary duty breaches under ERISA for the Bancorporation loan and Green loan expenses, but modified the duration of court-appointed manager tenure.