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

• La Verne Pearson v. W. Elec. Co.
  542 F.2d 1150· 10th Cir.· 1976-10-20 ·cited 34×
  Compensatory and punitive damages, other than back pay, are not available under Title VII of the Civil Rights Act of 1964, and attorney's fees are only awarded to a prevailing party in a court action.
• Middlewest Motor Freight Bureau v. United States
  433 F.2d 212· 8th Cir.· 1970-10-06 ·cited 34×
  The court held that shippers are entitled to restitution for excessive rates charged during the period of the temporary restraining order, as the ICC's cancellation order rendered the increased tariffs unlawful.
• Jeffers v. Whitley
  309 F.2d 621· 4th Cir.· 1962-10-12 ·cited 34×
  The court held that the school board's denial of transfer applications based on race, and its use of administrative remedies to perpetuate segregation, violated constitutional rights, entitling plaintiffs to individual relief and injunctive orders.
• Reynolds v. Whitin Mach. Works
  167 F.2d 78· 4th Cir.· 1948-03-10 ·cited 34×
  The court held that the patent was valid and infringed, and that the statute of limitations did not bar recovery for the patent infringement. However, the statute of limitations did apply to the common law claim for misappropriation of confidential information.
• Goodall v. Whispering Woods Ctr., L.L.C.
  990 So. 2d 695· Fla. 4th DCA· 2008-09-24 ·cited 33×
  Michael Goodall, as assignee of MKJH, LLC, appealed the dismissal of his reformation claim against Whispering Woods Center for allegedly changing contracted 12-foot ceiling heights to 10-foot ceilings in a commercial real property purchase agreement. The Fourth District reversed
• Webster v. Royal Caribbean Cruises, Ltd.
  124 F. Supp. 2d 1317· S.D. Fla.· 2000-11-30 ·cited 33×
  The court held that a forum selection clause in a collective bargaining agreement is enforceable, requiring dismissal of claims for breach of contract and collective bargaining agreement due to improper venue. It also held that employer policy statements do not create enforceable
• Dorfmann v. Boozer
  414 F.2d 1168· D.C. Cir.· 1969-06-16 ·cited 33×
  The court held that the preliminary injunction was improperly granted because adequate legal remedies existed and the injunction failed to balance the equities between the parties.
• Adams v. Fry
  29 Fla. 318· Fla.· 1892-01-01 ·cited 33×
  The Florida Supreme Court reversed a mortgage foreclosure decree where the chancellor awarded a deficiency judgment and personal execution against a married woman defendant and failed to provide proper evidentiary support for the solicitor's fee award. While the court held that o
• Long v. Sec'y, Dep't OF Corr., Warden, Fla. State Prison, John Does, as designee of Barry Reddish, and/or Mark S. Inch
  924 F.3d 1171· 11th Cir.· 2019-05-22 ·cited 32×
• Sec. & Exch. Comm'n v. First City Fin. Corp., Ltd.
  890 F.2d 1215· D.C. Cir.· 1989-12-01 ·cited 32×
  The court held that any alleged errors in the district court's calculus for granting an injunction were harmless, and the injunction was properly affirmed.
• Skinner v. Total Petroleum, Inc.
  859 F.2d 1439· 10th Cir.· 1988-10-14 ·cited 32×
  The court held that the district court abused its discretion by denying a new trial on the § 1981 claim and by awarding separate damages under Title VII, as the jury's findings on common issues should have been binding.
• Kalima Jenkins v. The State OF Mo.
  855 F.2d 1295· 8th Cir.· 1988-08-19 ·cited 32×
  The court held that under principles of joint and several liability, if one tortfeasor is financially unable to meet its obligation, the other tortfeasor may be liable for the entire amount.
• DOE v. Brookline Sch. Comm.
  722 F.2d 910· 1st Cir.· 1983-12-06 ·cited 32×·via Equitable Powers Of Federal Courts
  The court held that Section 1415(e)(3) of the Act establishes a strong preference for maintaining the status quo during review proceedings, but does not prevent courts from exercising their equitable powers to modify interim placements or funding upon a proper showing via a preli
• Sec. & Exch. Comm'n v. MacDONALD
  699 F.2d 47· 1st Cir.· 1983-02-01 ·cited 32×
  The dissenting judge argues that a district court should have the discretion to order full disgorgement of an insider's ill-gotten gains in an SEC enforcement action, even absent special circumstances.
• Gurmankin v. Costanzo
  626 F.2d 1115· 3d Cir.· 1980-06-30 ·cited 32×
  The majority opinion awarded additional backpay to Ms. Gurmankin for the period 1970-1976, importing a Title VII presumption into a Section 1983 claim.
• Spaulding v. Nielsen
  599 F.2d 728· 5th Cir.· 1979-07-30 ·cited 32×·via Equitable Relief (Injunction)
  Federal probation officers are absolutely immune from suits for damages based on their alleged misconduct in investigating and preparing a presentence report.
• Nat'l Treas. Emps. Union v. Nixon
  521 F.2d 317· D.C. Cir.· 1975-10-20 ·cited 32×
  The court held that the "common benefit" exception to the American Rule allows recovery of attorney's fees and litigation expenses when a lawsuit confers a significant benefit on a distinct class of persons, even if no common fund is created or controlled by the court.
• Kelley v. Metro. Cnty. Bd. OF Educ. OF Nashville & Davidson Cnty.
  463 F.2d 732· 6th Cir.· 1972-05-30 ·cited 32×
  The court affirmed the district court's order to desegregate schools, finding that the school board's plan was inadequate and that the district court had broad equitable powers to fashion a remedy.
• John Hancock Mut. Life Ins. Co. v. Kraft
  200 F.2d 952· 2d Cir.· 1953-01-05 ·cited 32×
  The court held that the district court had jurisdiction to grant interpleader and that the order continuing the injunction was appealable.
• Gray Tool Co. v. Humble OIL & Ref. Co.
  186 F.2d 365· 5th Cir.· 1951-01-19 ·cited 32×·via Equitable Decree
  Summary judgment is an improper tool to prematurely terminate patent infringement suits, especially when the defense of patent misuse involves questions of intent and fact not resolvable as a matter of law on the record presented.
• Bach v. Friden Calculating Mach. Co., Inc.
  155 F.2d 361· 6th Cir.· 1946-05-13 ·cited 32×
  The court held that while a valid contract may have existed, equity cannot grant specific performance or an injunction due to the indefinite and interdependent nature of the obligations requiring continuous court supervision.
• Browne v. Adaline Browne
  17 Fla. 607· Fla.· 1880-01-01 ·cited 32×
  John Browne sought to foreclose a mortgage on real estate to secure a promissory note dated February 4, 1867. The defendants pleaded the five-year statute of limitations as a bar to the suit. The Florida Supreme Court held that a suit in equity to foreclose a mortgage on real pro
• Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III
  89 So. 3d 923· Fla. 4th DCA· 2012-03-21 ·cited 31×
  This consolidated appeal addresses whether Florida trial courts may bifurcate mortgage foreclosure remedies by allowing a lender to pursue money judgments first and defer the foreclosure sale until the lender certifies non-satisfaction of those judgments. The Fourth District Cour
• Dania MUÑIZ and Arturo A. Chao v. Crystal Lake Project, LLC
  947 So. 2d 464· Fla. 3d DCA· 2006-10-25 ·cited 31×
  Purchasers sought specific performance of a contract to buy a home from a developer, which the developer terminated after the purchasers inspected the construction and filed suit. The appellate court reversed the trial court's denial of specific performance, holding that the cont
• Smith v. Royal Auto. Grp., Inc.
  675 So. 2d 144· Fla. 5th DCA· 1996-05-03 ·cited 31×
  Benjamin Smith appealed summary judgment orders dismissing his claims against Royal Automotive Group for breach of contract, misrepresentation, fraud, and rescission arising from Royal Group's alleged guaranty of monthly payments that ceased after a dealership sale. The appellate
• Pawlak v. Greenawalt
  713 F.2d 972· 3d Cir.· 1983-07-29 ·cited 31×·via Equitable Powers Of Federal Courts
  The court held that attorneys' fees can be awarded for work on the fee application in non-statutory common benefit actions under LMRDA Title I, and that the district court did not err in its fee calculations or allocations, except for the need to reallocate time spent on count on
• Perfect FIT Indus., Inc. v. Acme Quilting Co., Inc.
  646 F.2d 800· 2d Cir.· 1981-04-13 ·cited 31×·via Equitable Powers Of Federal Courts
  The court held that a district court has the equitable power to order a recall of infringing materials, and that a party cannot claim lack of notice of an order if they failed to take reasonable steps to inform themselves of its terms after knowing an order was entered.
• Productos Carnic, S.A. v. Cent. Am. Beef & Seafood Trading Co.
  621 F.2d 683· 5th Cir.· 1980-07-14 ·cited 31×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to preserve the status quo, but modified the injunction to require the sale of the disputed beef.
• Chastain v. Kelley
  510 F.2d 1232· D.C. Cir.· 1975-04-02 ·cited 31×
  The court held that the district court erred in granting an expungement order without a hearing on the merits, particularly when the government belatedly opposed the motion, raising factual questions about the necessity of expungement.
• Fam. Loan Co. v. Smetal Corp.
  123 Fla. 900· Fla.· 1936-01-14 ·cited 31×
  The Florida Supreme Court affirmed a lower court's decision voiding a loan made by Family Loan Company to Smetal Corporation under the Florida Small Loan Act. The court held that the prior appeal had already established the law of the case, making the current appeal's arguments a
• Ocean Commc'ns, Inc. v. Bubeck
  956 So. 2d 1222· Fla. 4th DCA· 2007-05-23 ·cited 30×
  Ocean Communications and Olympusat appealed a judgment denying restitution for breach of contract, arguing they were entitled to recover payments made to defendants despite an express contract existing. The court held that restitution is available as a remedy for breach of an exp
• Castigliano v. O'Connor
  911 So. 2d 145· Fla. 3d DCA· 2005-06-22 ·cited 30×
  A seller appeals a trial court's grant of specific performance requiring him to close on a condominium sale despite undisclosed fraudulent mortgages placed on the property by his investment advisor. The appellate court reverses, holding that the seller exercised reasonable dilige
• Gutzwiller v. Fenik
  860 F.2d 1317· 6th Cir.· 1988-11-01 ·cited 30×
  The court held that there was insufficient evidence to support claims of sex discrimination and substantive due process violations against the defendants, and that judicial intervention in academic tenure decisions is generally inappropriate.
• Drinkwater v. Metro. Life Ins. Co.
  846 F.2d 821· 1st Cir.· 1988-05-18 ·cited 30×·via Equitable Relief Under Erisa
  Extra-contractual damages are not available under ERISA, and administrative remedies must be exhausted for benefit claims. A state law emotional distress claim, while not preempted, may fail if it does not meet state law requirements.
• Inmates OF Occoquan v. Barry
  844 F.2d 828· D.C. Cir.· 1988-04-12 ·cited 30×
  The court affirmed a summary judgment holding that certain statutory provisions exempting alcoholic beverages manufactured and bottled in Florida from excise taxes violated the commerce clause by discriminating against interstate commerce.
• United States v. Lawrence Cnty. Sch. Dist.
  799 F.2d 1031· 5th Cir.· 1986-09-15 ·cited 30×
  The court held that the 1974 order did not declare the school system unitary and that the school board had failed to comply with prior desegregation orders regarding faculty assignment and bus routes.
• Napolean S. Ambromovage v. United Mine Workers OF Am.
  726 F.2d 972· 3d Cir.· 1984-01-25 ·cited 30×
  The court held that the Union's loans to the Fund were available for set-off against its liability for uncollected royalties, and that the district court had jurisdiction over the set-off claim for later loans.
• Citizens FOR A Better Env't v. Anne Gorsuch
  718 F.2d 1117· D.C. Cir.· 1983-10-04 ·cited 30×·via Equitable Powers Of Federal Courts
  A consent decree impermissibly restricts the discretion of the Administrator of the Environmental Protection Agency when it imposes duties not found in the statute, thereby violating separation of powers principles.
• Hensel v. Aurilio
  417 So. 2d 1035· Fla. 4th DCA· 1982-07-14 ·cited 30×
  Hensel appeals a mandatory injunction requiring removal of building encroachments on an easement claimed by Aurilio. The court reverses, holding that Aurilio's easement was not legally created and that even if valid, Aurilio is barred from enforcing it through equitable doctrines
• City OF Coral Springs v. Fla. Nat'l Props., Inc.
  340 So. 2d 1271· Fla. 4th DCA· 1976-12-24 ·cited 30×
  The court held that the amended complaint failed to state a cause of action for injunctive relief because it did not sufficiently allege irreparable harm.
• Warner S. Kelly and Samuel S. Parras v. Lou V. Brewer
  525 F.2d 394· 8th Cir.· 1975-11-19 ·cited 30×
  The court held that while administrative segregation is permissible, prolonged confinement requires meaningful periodic review by prison administrators, and the district court erred in imposing a specific plan that removed discretion from the Warden.
• Horton v. The Lawrence Cnty. Bd. OF Educ.
  449 F.2d 793· 5th Cir.· 1971-10-19 ·cited 30×
  The court held that the district court must determine the attorneys' fees claim and whether earnings from a secondary job should be deducted from a back pay award.
• United States v. DE Witt
  265 F.2d 393· 5th Cir.· 1959-04-03 ·cited 30×·via Equitable Restitution
  The dissenting judge would reverse and remand for trial, arguing that the court should not grant summary judgment based on a stipulation when the interpretation of 'knowing' and 'false' under the False Claims Act is unclear and requires factual determination.
• Cook v. Hirschberg
  258 F.2d 56· 2d Cir.· 1958-08-06 ·cited 30×
  The court held that the plaintiffs failed to state a claim sufficient to withstand attack by way of affirmative defenses, specifically the statute of frauds and the Connecticut Statute of Nonclaim.
• W. B. Harbeson Lumber Co. v. Geneva Mill Co.
  116 Fla. 342· Fla.· 1934-07-26 ·cited 30×
  This case concerns whether a tax lien holder who forecloses on tax sale certificates can have the value of timber they unlawfully removed from the property credited against their lien. The court held that such value should be credited, as the tax lien holder has a duty to do equi
• Wolfle v. Daugherty
  103 Fla. 432· Fla.· 1931-11-07 ·cited 30×
  This appeal concerns whether a vendee can obtain an equitable lien when a vendor fails to return an option payment after the vendor breaches a contract by failing to provide marketable title. The Florida Supreme Court held that even though the contract was styled as an option, it
• Peterson v. Howell
  99 Fla. 179· Fla.· 1930-01-28 ·cited 30×
  A buyer who paid a seller's mortgage debt to prevent foreclosure of land contracted for may recover the overpayment under the common counts for money paid, even though the written contract was defective and did not reflect the parties' actual agreement. The court affirmed the dir
• Duty Free World v. Miami Perfume Junction
  253 So. 3d 689· Fla. 3d DCA· 2018-08-08 ·cited 29×
  An unjust enrichment claim seeking monetary compensation for benefits conferred upon a defendant, measured by the plaintiff's losses rather than the defendant's ill-gotten gains, constitutes legal relief rather than equitable relief and thus does not fall within an arbitration cl
• Weaver v. Fla. Power & Light Co.
  172 F.3d 771· 11th Cir.· 1999-04-13 ·cited 29×
  Mary Weaver, a terminated employee, pursued discrimination claims in federal court while simultaneously pursuing contractual claims through arbitration under a collective bargaining agreement. The district court enjoined the arbitration based on res judicata and waiver defenses,
• Crews v. Central States
  788 F.2d 332· 6th Cir.· 1986-04-14 ·cited 29×
  The court held that the trustees' denial of a refund was not arbitrary or capricious because the contractual limitations on recovery and the distinction between mistakes of fact and law barred the claim.