Equitable Restraint

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

• DOE v. Pringle
  550 F.2d 596· 10th Cir.· 1976-11-29 ·cited 56×
• Ill. Migrant Council v. Alva L. Pilliod
  540 F.2d 1062· 7th Cir.· 1976-08-17 ·cited 42×
  The dissenting judge argues that the injunction should not have been granted due to issues with standing and the principles of equitable restraint, even if the underlying Fourth Amendment violations occurred.
• Parker v. Turner
  626 F.2d 1· 6th Cir.· 1980-07-03 ·cited 34×
• Louisville Area Inter-Faith Comm. FOR United Farm Workers v. Nottingham Liquors, Ltd.
  542 F.2d 652· 6th Cir.· 1976-09-29 ·cited 32×
• Simpson Sartin, Jr. v. The Comm'r OF Pub. Safety OF the State OF Minn.
  535 F.2d 430· 8th Cir.· 1976-05-05 ·cited 32×
  The court held that the dismissal of the false arrest claim was improper because the defendant failed to plead affirmative defenses and exhaustion of state remedies is not required for a § 1983 action, while affirming dismissal of the due process and malicious prosecution claims.
• Cousins v. Wigoda
  463 F.2d 603· 7th Cir.· 1972-06-29 ·cited 31×
  The court held that vacating a preliminary injunction against a state court action seeking to suppress First Amendment rights was an abuse of discretion.
• Lamb Enters., Inc. v. Judge George N. Kiroff
  549 F.2d 1052· 6th Cir.· 1977-01-31 ·cited 28×
  The court vacated the permanent injunction against state court judges and employees, and reversed the judgment against the private defendant.
• L. H. v. Jamieson
  643 F.2d 1351· 9th Cir.· 1981-05-01 ·cited 24×
  The district court erred in dismissing the action under Younger abstention, and while Pullman abstention is appropriate, the case should be remanded to allow for state court determination of the state law claim.
• Johnson v. Kelly
  583 F.2d 1242· 3d Cir.· 1978-09-29 ·cited 24×
  The court held that the Younger abstention doctrine should not be extended to cases where the state is not a party to the pending state proceedings.
• Puerto RICO Int'l Airlines, Inc. v. Recio
  520 F.2d 1342· 1st Cir.· 1975-06-26 ·cited 24×
  The court held that the district court erred in dismissing the case based on a perceived mandate from Younger v. Harris, rather than exercising its discretion.
• S. Ry. Co. v. State Bd. OF Equalization
  715 F.2d 522· 11th Cir.· 1983-09-19 ·cited 21×
  The court held that the district court erred in abstaining from hearing the case, as Congress intended to provide a federal forum for challenges to discriminatory state taxation of rail property under the 4R Act.
• Geo. A. Logan v. Slade & Etheredge
  28 Fla. 699· Fla.· 1891-06-01 ·cited 20×
  In this rehearing before the Florida Supreme Court, the court affirmed a lower court decree granting a mortgagee's request for a restraining order and receivership to preserve mortgage security, and rejected the mortgagor's defenses of fraud, conditional non-recording, and claims
• ROY v. Jones
  484 F.2d 96· 3d Cir.· 1973-05-22 ·cited 14×
  The court affirmed the district court's dismissal, finding the case barred by res judicata, a ground different from the district court's abstention reasoning.
• Helfant v. Kugler
  500 F.2d 1188· 3d Cir.· 1974-07-08 ·cited 13×
  The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
• Juluke v. Hodel
  811 F.2d 1553· D.C. Cir.· 1987-02-17 ·cited 11×
• Cook v. Hanberry
  592 F.2d 248· 5th Cir.· 1979-03-29 ·cited 11×
  A prisoner's claim of mistreatment during incarceration does not entitle them to release via habeas corpus, even if the mistreatment violates the Eighth Amendment.
• James P. Kartell, M.D. v. Blue Shield OF Mass., Inc.
  592 F.2d 1191· 1st Cir.· 1979-02-02 ·cited 11×
  The court held that abstention was appropriate pending resolution of complex state law questions by Massachusetts courts, as these questions were critical to the federal antitrust claims and involved substantial public policy concerns.
• Burrus v. Turnbo
  743 F.2d 693· 9th Cir.· 1984-09-25 ·cited 10×
  The court held that the Interstate Agreement on Detainers (IAD) mandates dismissal with prejudice if a receiving state returns a prisoner to the sending state before trial, regardless of the reason for the return or subsequent appellate reinstatement of the indictment.
• Victoriano Rodriguez Diaz v. Stathis
  576 F.2d 9· 1st Cir.· 1978-05-22 ·cited 8×
  The court affirmed the dismissal of claims by plaintiffs involved in pending state criminal proceedings and claims by a plaintiff in a state civil suit, but directed the dismissal of the civil suit plaintiff's claims to be without prejudice.
• Alfred "Skip" Robinson v. Stovall
  646 F.2d 1087· 5th Cir.· 1981-06-05 ·cited 6×
  The court held that the Younger abstention doctrine does not bar federal court access for plaintiffs who have not been arrested or are not subject to pending state prosecutions, even if their interests are intertwined with those who are.
• Bedrosian v. Mintz
  518 F.2d 396· 2d Cir.· 1975-06-20 ·cited 6×
  The court held that the district court properly dismissed the action because federal courts should not interfere with state court proceedings absent substantial irreparable injury, and the state's refusal to appoint out-of-state counsel was a rational exercise of discretion not v
• W. Sys., Inc. v. Ulloa
  958 F.2d 864· 9th Cir.· 1992-03-04 ·cited 4×
  The court held that the relitigation exception to the Anti-Injunction Act permits enjoining state court proceedings barred by res judicata, not just issues actually litigated, and that sanctions for vexatious litigation require an appropriate hearing.
• Zarko Sekerez v. Supreme Court OF Ind.
  685 F.2d 202· 7th Cir.· 1982-08-09 ·cited 4×
  The court held that federal courts should abstain from interfering with ongoing state disciplinary proceedings against an attorney when the state has a sufficient interest and the proceedings provide an opportunity to raise constitutional claims, absent bad faith or harassment.
• Alvy Thomas McQUEEN v. Bullock
  907 F.2d 1544· 5th Cir.· 1990-08-09 ·cited 2×
  The court held that the Tax Injunction Act barred federal jurisdiction over claims challenging state tax collection, and sovereign immunity barred claims against the United States for alleged violations of Federal Rule of Criminal Procedure 6(e).
• Thanh Vong Hoai v. Sun Ref. & Mktg. Co., Inc.
  866 F.2d 1515· D.C. Cir.· 1989-02-07 ·cited 2×
  A federal court's stay of a federal action pending resolution of state court proceedings is improper when neither the Younger/Pennzoil doctrine nor the Colorado River doctrine justifies abstention, as federal courts have an unflagging obligation to exercise jurisdiction.
• Marcal Paper Mills, Inc. v. Ewing
  790 F.2d 195· 1st Cir.· 1986-05-09 ·cited 2×
• Neuhoff, Inc. v. Neuhoff Packing Co.
  167 F.2d 459· 6th Cir.· 1948-04-12 ·cited 2×
  The court held that the appellant's use of the name 'Neuhoff, Incorporated' and related trade names constituted constructive fraud and unfair competition, warranting injunctive relief.