Injunction

5,622 Florida cases classified under this topic, plus 6,125 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Inmates OF the Attica Correctional Facility v. Rockefeller
  453 F.2d 12· 2d Cir.· 1971-12-01 ·cited 57×·via Preliminary Injunction
  A federal court should not order a hearing on providing counsel for all prisoners prior to interrogation, as Miranda warnings only affect the admissibility of statements, not the investigation process itself.
• Stell v. Savannah-Chatham Cnty. Bd. OF Educ.
  333 F.2d 55· 5th Cir.· 1964-06-18 ·cited 57×·via Preliminary Injunction
  The court held that the district court erred in denying a preliminary injunction in the Savannah case and in relegating the Glynn County board to state administrative remedies. It also affirmed that racial classification based on aptitude differences violates the Equal Protection
• Liquor Store v. Cont'l Distilling Corp.
  40 So.2d 371· Fla.· 1949-04-05 ·cited 57×
  The Florida Supreme Court quashed an order enforcing a Fair Trade Act, holding that the act unconstitutionally delegated sovereign power to private entities for private gain, stifling competition and violating property rights. The court found the act arbitrary and unreasonable, s
• Burnett v. C. W. Greene & Robert A. Meier
  97 Fla. 1007· Fla.· 1929-05-29 ·cited 57×
  The Florida Supreme Court affirmed an injunction restraining collection of drainage taxes on lands included in the Interbay Drainage District, holding that the statutory scheme for organizing drainage districts violates the state constitution by improperly delegating legislative
• Brown v. Antonio Solary et ux.
  37 Fla. 102· Fla.· 1896-01-01 ·cited 57×
  The Florida Supreme Court affirmed an equity court's jurisdiction to grant an injunction and account against defendants for mining phosphate from complainants' land under a void tax deed, holding that the destruction of mineral deposits constitutes irreparable injury sufficient t
• Democratic Executive Comm. OF Fla. v. Laurel M. LEE
  915 F.3d 1312· 11th Cir.· 2019-02-15 ·cited 56×·via Preliminary Injunction
  Florida's signature-matching scheme for vote-by-mail and provisional ballots, which rejected ballots when officials determined signatures did not match, was found to impose an undue burden on the right to vote in violation of the First and Fourteenth Amendments because some voter
• The Off. OF the State Attorney v. Parrotino
  628 So. 2d 1097· Fla.· 1993-12-02 ·cited 56×·via Injunction For Protection
  The Florida Supreme Court held that state attorneys are immune from civil liability for failing to seek an injunction for protection on behalf of a domestic violence victim, even where the victim relied on assurances that the state attorney would act and suffered fatal harm as a
• Ewing v. Amoco OIL Co.
  823 F.2d 1432· 10th Cir.· 1987-07-21 ·cited 56×·via Preliminary Injunction
  The court held that a franchisor cannot non-renew a trial franchise for any reason if the reasons are pretextual or invalid, and that a selling franchisor must ensure the purchasing franchisor offers a non-discriminatory franchise to the existing franchisee.
• Zaida Lydia De Choudens v. The Gov't Dev. Bank OF Puerto RICO
  801 F.2d 5· 1st Cir.· 1986-09-19 ·cited 56×·via Preliminary Injunction
• The Cnty. OF Cook v. Midcon Corp.
  773 F.2d 892· 7th Cir.· 1985-09-24 ·cited 56×·via Preliminary Injunction
  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.
• Eligio Castro and Rafael Diaz Diaz v. United States
  775 F.2d 399· 1st Cir.· 1985-03-14 ·cited 56×·via Preliminary Injunction
  The court held that the district court did not err in dismissing the appellants' claims, enjoining them from further litigation, and assessing costs, as they failed to exhaust administrative remedies, state valid claims, or demonstrate grounds for injunctive relief.
• Thompson v. Planning Comm'n OF the City OF Jacksonville
  464 So. 2d 1231· Fla. 1st DCA· 1985-02-11 ·cited 56×·via Preliminary Injunction
  Thompson property owners sought to enjoin construction of an office building across the street after the Planning Commission granted a parking variance to the owners. The appellate court reversed the trial court's denial of preliminary injunction, finding that the variance was im
• Unistar Corp. v. Child
  415 So. 2d 733· Fla. 3d DCA· 1982-05-04 ·cited 56×·via Preliminary Injunction
  Unistar Corporation sought a preliminary injunction to prevent former employees from using a customer list compiled at significant expense to solicit Unistar's customers. The trial court denied the injunction, but the appellate court reversed, holding that the customer list const
• Roth v. Bank OF THE Commonwealth
  583 F.2d 527· 6th Cir.· 1978-09-01 ·cited 56×
  The Anti-Injunction Act prohibits federal courts from enjoining state court proceedings that have already commenced, unless an express statutory exception applies. Relying on Barancik to enjoin commenced state actions is improper judicial improvisation.
• Int'l Bus. Machs. Corp. v. Levin
  579 F.2d 271· 3d Cir.· 1978-06-19 ·cited 56×
  The court held that an attorney's adversary posture toward a client in one matter can adversely affect their independent judgment in another, even if unrelated, requiring disclosure and consent under DR 5-105. The court affirmed the disqualification but remanded the issue of work
• United States v. Sch. Dist. OF Ferndale
  577 F.2d 1339· 6th Cir.· 1978-05-17 ·cited 56×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction based on the evidence presented.
• United States v. Spectro Foods Corp.
  544 F.2d 1175· 3d Cir.· 1976-10-13 ·cited 56×·via Mandatory Injunction
  The court held that certain provisions of the preliminary injunction were overly broad and unsupported by evidence, and that the civil contempt order, based on those provisions, must be vacated. The court also found that the contempt proceedings lacked due process for any potenti
• Gilliam v. Am. Broad. Cos., Inc.
  538 F.2d 14· 2d Cir.· 1976-06-30 ·cited 56×·via Preliminary Injunction
  The court held that the Lanham Act does not apply to claims of artistic integrity or distortion of a work, but only to misdescriptions of origin.
• Aerojet-General Corp. v. The Am. Arb. Ass'n
  478 F.2d 248· 9th Cir.· 1973-04-30 ·cited 56×·via Preliminary Injunction
  Judicial review of an arbitrator's locale selection is permissible in extreme cases, but the district court erred in granting an injunction as the AAA's decision was reasonable and not arbitrary or capricious.
• Schonfeld v. Penza
  477 F.2d 899· 2d Cir.· 1973-04-23 ·cited 56×·via Preliminary Injunction
  The court held that while challenges to union official removal and eligibility might ordinarily require Secretary of Labor involvement, allegations of free speech suppression and procedural due process violations under Title I of the LMRDA grant federal courts jurisdiction.
• Omega Importing Corp. v. Petri-Kine Camera Co., Inc.
  451 F.2d 1190· 2d Cir.· 1971-11-08 ·cited 56×·via Preliminary Injunction
  The court held that a temporary injunction should issue to preserve the status quo pending a final determination of trademark rights, balancing the hardships and likelihood of confusion.
• McQUEEN v. Bertram Druker
  438 F.2d 781· 1st Cir.· 1971-02-24 ·cited 56×
  The court held that the landlord's eviction action, motivated by tenants' exercise of First Amendment rights, constituted state action and was therefore impermissible.
• Craycroft v. Ferrall
  408 F.2d 587· 9th Cir.· 1969-03-05 ·cited 56×·via Mandatory Injunction
  The court held that the appellant had not exhausted his military administrative remedies, and therefore, the district court should not have granted relief.
• Bd. OF Pub. Instruction OF Duval Cnty. v. Daly N. Braxton and Sharon Braxton
  326 F.2d 616· 5th Cir.· 1964-01-10 ·cited 56×·via Mandatory Injunction
  The dissenting judge believes the order is not a final decision and that the majority erred in applying Brown v. Board of Education to racial personnel assignments without proof of injury.
• Triumph Hosiery Mills, Inc. v. Triumph Int'l Corp. & Triumph of Europe, Inc.
  308 F.2d 196· 2d Cir.· 1962-09-17 ·cited 56×·via Preliminary Injunction
  The court held that the lower court erred in granting a preliminary injunction based on a misconception of trademark law regarding non-competitive goods and the 'innocent junior user' doctrine.
• Subin v. Goldsmith
  224 F.2d 753· 2d Cir.· 1955-06-03 ·cited 56×·via Preliminary Injunction
  The court held that the allegations in Counts I-IV were insufficient to state a claim for relief under SEC Rule X-14A-9, and that summary judgment was properly granted for Count V due to lack of proof.
• Voorhees v. The City of Miami
  145 Fla. 402· Fla.· 1940-12-20 ·cited 56×
  A Miami taxpayer and firefighter challenged the City's 1939 ordinance establishing a new retirement and pension system for all municipal employees, arguing it was unauthorized, violated the prior police and fire pension law, and improperly required employee contributions. The Flo
• Dixie Music Co., Inc. v. Pike
  135 Fla. 671· Fla.· 1938-12-28 ·cited 56×·via Ex Parte Injunction
  In this 1938 Florida case, the Supreme Court reviewed the trial court's ex parte appointment of a receiver and temporary restraining order against a defendant who had allegedly fraudulently transferred assets to a corporation to evade a creditor's judgment. The court affirmed the
• Sewell v. Huffstetler
  83 Fla. 629· Fla.· 1922-05-19 ·cited 56×·via Dissolution Of Injunction
  Huffstetler sued Sewell and Gallat, as sureties on an injunction bond, for breach when the underlying injunction was dissolved and Huffstetler incurred damages. The defendants challenged the action on multiple procedural and substantive grounds, but the Florida Supreme Court affi
• Sullivan v. Moreno
  19 Fla. 200· Fla.· 1882-06-01 ·cited 56×
  Sullivan sought an injunction to prevent Moreno from constructing a wharf and depositing materials in Pensacola Bay in front of Sullivan's property. The Florida Supreme Court reversed the injunction, holding that Sullivan failed to establish riparian proprietorship or sufficient
• Rosa v. Resolution Tr. Corp.
  938 F.2d 383· 3d Cir.· 1991-06-27 ·cited 55×·via Preliminary Injunction
  The court held that FIRREA's mandatory claims procedure bars claims for monetary relief against institutions for which RTC has been appointed receiver, but not claims for nonmonetary injunctive relief or claims against institutions not yet in receivership. Exhaustion of the claim
• NEW York State Nat'l Org. FOR Women v. Terry
  886 F.2d 1339· 2d Cir.· 1989-09-20 ·cited 55×·via Permanent Injunction
  The First Amendment does not grant a right to physically block access to abortion clinics or to tortiously harass individuals seeking services there, and injunctions limiting such actions are constitutional.
• Kane v. Johns-Manville Corp.
  843 F.2d 636· 2d Cir.· 1988-03-30 ·cited 55×
  The bankruptcy judge did not abuse discretion in estimating asbestos claims at $1.00 for voting purposes, as this procedure complied with the Code and facilitated reorganization.
• Shondel v. McDERMOTT
  775 F.2d 859· 7th Cir.· 1985-10-28 ·cited 55×·via Preliminary Injunction
  The court held that Shondel lacks standing to sue based on the violation of her stepfather's constitutional rights.
• Am. Footwear Corp. v. Gen. Footwear Co. Ltd.
  609 F.2d 655· 2d Cir.· 1979-11-09 ·cited 55×
  The court held that American Footwear Corporation failed to establish the necessary elements for an injunction against General Footwear Company Limited and Universal City Studios, Inc. for trademark infringement and unfair competition.
• Factors ETC., Inc. v. PRO Arts, Inc.
  579 F.2d 215· 2d Cir.· 1978-06-27 ·cited 55×·via Preliminary Injunction
  The court held that the right of publicity for Elvis Presley survived his death and was validly transferred to Factors, and that Pro Arts' memorial poster was not privileged as a newsworthy event.
• Atl. & Gulf Stevedores, Inc. v. Occupational Safety & Health Review Comm'n
  534 F.2d 541· 3d Cir.· 1976-03-26 ·cited 55×·via Boys Markets Injunction
  The court held that employers are not strictly liable for employee non-compliance with specific safety standards when such non-compliance is predictable and uniform, and that the Commission has jurisdiction to consider the validity of a standard in an enforcement proceeding.
• Starsky v. Williams
  512 F.2d 109· 9th Cir.· 1975-02-26 ·cited 55×
  The court held that the trial court properly found the professor's termination was based on constitutionally protected speech, but remanded for a determination on whether a subsequent sabbatical agreement constituted a binding settlement barring the action.
• Glusman v. Lieberman
  285 So. 2d 29· Fla. 4th DCA· 1973-11-09 ·cited 55×
  Glusman filed an affidavit claiming ownership interest in Lieberman's property. Lieberman sued for slander of title seeking damages and equitable relief. The trial court awarded compensatory damages, punitive damages, attorney's fees, and interest, and the appellate court affirme
• Wirtz v. Malthor, Inc.
  391 F.2d 1· 9th Cir.· 1968-03-07 ·cited 55×
  The court held that the district court erred in refusing to order the payment of back wages and overtime compensation due to employees, as such relief is intended to vindicate a public right and is necessary for effective enforcement of the Fair Labor Standards Act.
• Pershing Auto Rentals, Inc. v. Gaffney
  279 F.2d 546· 5th Cir.· 1960-06-15 ·cited 55×
  In a multiple-claim, inadequate-fund limitation proceeding, an admiralty court cannot modify its traditional injunction to permit some claimants to establish their claims initially in a state common law court.
• Duval v. Thomas
  114 So. 2d 791· Fla.· 1959-07-17 ·cited 55×
  Two adjacent property owners (Duval and Hruby) constructed barriers restricting a third owner's (Thomas) access to a shared non-navigable lake. The Florida Supreme Court upheld the lower courts' decision that all riparian owners may use the entire lake for recreational purposes s
• Hamler v. City of Jacksonville
  97 Fla. 807· Fla.· 1929-05-14 ·cited 55×
  Appellant sought to enjoin Jacksonville from installing electric wiring in private homes to supply electricity for appliances. The Florida Supreme Court affirmed dismissal of the complaint, holding that municipalities acting in their proprietary capacity to operate public utiliti
• Weatherby Assocs., Inc. v. Ballack
  783 So. 2d 1138· Fla. 4th DCA· 2001-03-28 ·cited 54×·via Temporary Injunction
  Weatherby Associates sued former employee Ballack and competitors Capital Health and Capital Finance for breach of employment agreement and tortious interference. The trial court awarded attorney's fees under Florida's frivolous litigation statute (§57.105), finding the suit friv
• Penn Terra Ltd. v. Dep't OF Env't Res.
  733 F.2d 267· 3d Cir.· 1984-04-30 ·cited 54×
  The court held that the Commonwealth's action to compel environmental cleanup falls under the police and regulatory power exception to the automatic stay, and is not an enforcement of a money judgment.
• United States v. Charmer Indus., Inc.
  711 F.2d 1164· 2d Cir.· 1983-06-28 ·cited 54×·via Preliminary Injunction
  The court held that a presentence report may not be disclosed to third parties without a compelling demonstration that disclosure is required to meet the ends of justice, and that the district court erred in denying Peerless's motion for a preliminary injunction.
• United States Steel Corp. v. United Mine Workers OF Am.
  519 F.2d 1236· 5th Cir.· 1975-09-24 ·cited 54×·via Boys Markets Injunction
  A prospective injunction against all strikes, even over arbitrable issues, is impermissible under the Norris-LaGuardia Act and Boys Markets. Disobedience of a void injunction cannot support a civil contempt finding.
• Universal Athletic Sales Co. v. Salkeld
  511 F.2d 904· 3d Cir.· 1975-02-28 ·cited 54×·via Preliminary Injunction
  The court held that summary judgment for copyright infringement was improper because the similarities between the charts were not substantial enough to constitute unlawful appropriation, and therefore, the contempt citation must also be vacated.
• Del. River Port Auth. v. Transamerican Trailer Transp., Inc.
  501 F.2d 917· 3d Cir.· 1974-07-30 ·cited 54×·via Preliminary Injunction
  The court held that the district court abused its discretion in granting a preliminary injunction because the plaintiffs did not demonstrate a sufficient likelihood of success on the merits, and other factors, including harm to third parties and the public interest, did not suppo
• Manual de J. Gomez v. Wilson
  477 F.2d 411· D.C. Cir.· 1973-03-23 ·cited 54×·via Preliminary Injunction
  The court held that the district court correctly found police spot checks unconstitutional under the Fourth Amendment, but the case should be remanded for further proceedings to determine the scope of relief, particularly regarding class action.