Injunction

5,622 Florida cases classified under this topic, plus 6,126 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United Telegraph Workers, AFL-CIO v. W. Union Corp.
  771 F.2d 699· 3d Cir.· 1985-08-26 ·cited 8×·via Preliminary Injunction
  The court held that the district court erred by issuing a preliminary injunction in a labor dispute without adhering to the procedural requirements of the Norris-LaGuardia Act, specifically the mandate for an evidentiary hearing when factual disputes exist.
• The People OF the State OF Cal. ex rel. John VAN DE Kamp v. The Tahoe Reg'l Planning Agency
  766 F.2d 1316· 9th Cir.· 1985-07-22 ·cited 8×·via Modification Of Injunction
  The court held that the appeal was timely under the 'unique circumstances' doctrine and that the district court did not err in denying TTSA's motions.
• United States v. Billingsley
  766 F.2d 1015· 7th Cir.· 1985-06-26 ·cited 8×
  The court held that the trial court improperly placed the burden of proof on the defendant to prove his unfitness to stand trial, requiring a remand for a new fitness determination. However, the court found no reversible error in the jury communication issue.
• Stewart v. United States Immigr. & Naturalization Serv.
  762 F.2d 193· 2d Cir.· 1985-05-13 ·cited 8×·via Preliminary Injunction
  The court held that the district court lacked jurisdiction over the employee's claim of retaliatory suspension because the employee failed to exhaust administrative remedies and did not properly commence an action for that claim. Furthermore, the court held that even if jurisdict
• The State OF NEW York v. Shore Realty Corp. & Donald LeoGrande
  763 F.2d 49· 2d Cir.· 1985-05-07 ·cited 8×·via Permanent Injunction
  The court affirmed the adjudication of civil contempt but modified the coercive fines, remanding for further determination of the appropriateness and amount of sanctions for non-compliance with certain orders.
• Polo Fashions, Inc. v. Stock Buyers Int'l, Inc.
  760 F.2d 698· 6th Cir.· 1985-04-26 ·cited 8×·via Preliminary Injunction
  The court held that appointing attorneys for a party in the underlying civil litigation to solely prosecute a criminal contempt action constitutes an abuse of discretion, denying due process.
• Nat'l Bd. OF Young Men's Christian Ass'ns v. The Flint Young Men's Christian Ass'n OF Flint
  764 F.2d 199· 6th Cir.· 1985-04-19 ·cited 8×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show sufficient irreparable injury due to lack of product confusion or harm to reputation.
• Golden Nugget Grp. v. Metro. Dade Cnty.
  464 So. 2d 535· Fla.· 1985-02-08 ·cited 8×
  The Florida Supreme Court upheld a state statute authorizing certain counties to impose a 3% "bed tax" on short-term hotel rentals to fund convention center improvements, rejecting constitutional challenges to both the statute and the implementing Dade County ordinance regarding
• Sorenson v. The Sec'y OF the Treas. OF the United States
  752 F.2d 1433· 9th Cir.· 1985-02-05 ·cited 8×
  The court held that the tax intercept program, as amended by OBRA, applies to earned income credits and that the Secretary's actions were not barred by sovereign immunity or jurisdictional statutes. The court affirmed the district court's decision regarding earned income credits.
• Tiffany Sands, Inc. v. Mezhibovsky
  463 So. 2d 349· Fla. 3d DCA· 1985-01-15 ·cited 8×·via Preliminary Injunction
  The court reversed the denial of a preliminary injunction to enforce a non-competition provision of an employment contract, finding the provision reasonable and enforceable upon termination.
• Amoco OIL Co. v. Rainbow Snow
  748 F.2d 556· 10th Cir.· 1984-11-19 ·cited 8×·via Preliminary Injunction
  The court held that the district court erred by limiting its analysis of trademark infringement to confusion of source, rather than also considering confusion of sponsorship or affiliation.
• McDONELL v. Hunter
  746 F.2d 785· 8th Cir.· 1984-11-02 ·cited 8×·via Preliminary Injunction
  The court held that the District Court did not abuse its discretion in granting a preliminary injunction against certain searches and tests of correctional officers.
• Free Unitholders OF Outdoor Resorts AT Orlando, Inc. v. Outdoor Resorts OF Am., Inc.
  460 So. 2d 382· Fla. 2d DCA· 1984-10-31 ·cited 8×
  Free Unitholders of Outdoor Resorts at Orlando appealed from a judgment enforcing an exclusive 99-year rental provision in the condominium's Declaration that granted the developer exclusive rights to rent lots. The court affirmed the judgment, finding the provision was not uncons
• Miller v. Publicker Indus., Inc.
  457 So. 2d 1374· Fla.· 1984-10-11 ·cited 8×
  The Florida Supreme Court held that a state tax statute limiting a gasohol tax exemption to domestic ethyl alcohol violates both the Import-Export Clause and the Commerce Clause of the U.S. Constitution. The court affirmed the trial court's judgment striking down Chapter 84-353 a
• Peyote WAY Church OF GOD, Inc. v. Smith
  742 F.2d 193· 5th Cir.· 1984-09-24 ·cited 8×
  The court held that summary judgment was not warranted because the record did not show a compelling state interest in denying the Peyote Way Church members the right to use peyote in religious ceremonies, and the denial was not narrowly drawn.
• Philips Bus. Sys., Inc. v. Executive Commc'ns Sys., Inc.
  744 F.2d 287· 2d Cir.· 1984-09-12 ·cited 8×·via Preliminary Injunction
  The court held that the Robinson-Patman Act claims were barred by the injunction bond rule, but the award of attorney's fees to the distributors was an abuse of discretion.
• S. Bend Consumers Club, Inc. v. United Consumers Club, Inc.
  742 F.2d 392· 7th Cir.· 1984-08-30 ·cited 8×·via Preliminary Injunction
  The court held that the district court's order granting partial summary judgment on the enforceability of a restrictive covenant is not an appealable interlocutory order denying injunctive relief because the appellant failed to demonstrate serious, irreparable consequences and th
• Michels v. United States Olympic Comm.
  741 F.2d 155· 7th Cir.· 1984-08-16 ·cited 8×·via Preliminary Injunction
  The court held that the Amateur Sports Act does not provide for private enforcement and the USOC's duty to resolve disputes is limited to those involving its members.
• Thompson v. Tega-Rand Int'l
  740 F.2d 762· 9th Cir.· 1984-08-16 ·cited 8×·via Preliminary Injunction
  An arbitration award must be upheld unless arbitrators were partial, exceeded their authority, or acted in manifest disregard of the law.
• The Libertarian Party OF Ind. v. Packard
  741 F.2d 981· 7th Cir.· 1984-08-15 ·cited 8×·via Preliminary Injunction
  The court held that Indiana's Personalized License Plate Act does not violate the First Amendment by conditioning a government benefit on the surrender of constitutional rights, as public financing of political parties serves a governmental interest in facilitating public discour
• Richardson v. Upchurch
  452 So. 2d 1117· Fla. 2d DCA· 1984-07-13 ·cited 8×
• N. Hess' Sons, Inc. v. Hess Apparel, Inc.
  738 F.2d 1412· 4th Cir.· 1984-07-10 ·cited 8×·via Injunctive Decree
  The court held that the district court did not abuse its remedial discretion by issuing an injunctive decree that, while mild, was not demonstrably ineffectual on the record presented.
• Martinez v. R.I. Hous. & Mortg. Fin. Corp.
  738 F.2d 21· 1st Cir.· 1984-06-27 ·cited 8×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against RIHMFC's income mix requirements, as they were at odds with the intent of the OBRA amendments.
• Storer Cable T.V. OF Fla., Inc. v. Summerwinds Apts. Assocs. Ltd.
  451 So. 2d 1034· Fla. 3d DCA· 1984-06-26 ·cited 8×·via Action For Injunction
  The court held that the statute and ordinance allowing cable television companies to install equipment on private property without landlord consent constitute an unconstitutional taking of property without just compensation.
• Nat'l Ass'n for Advancement of Colored People v. Donovan
  737 F.2d 67· D.C. Cir.· 1984-06-12 ·cited 8×·via Preliminary Injunction
  The court held that the district court erred in issuing an interlocutory injunction to enforce its prior order, as the Department of Labor was free to amend its regulations through proper rulemaking. The court also found the district court failed to properly analyze the factors f
• Ass'n FOR Reduction OF Violence v. Hall
  734 F.2d 63· 1st Cir.· 1984-05-09 ·cited 8×·via Preliminary Injunction
  The court held that a grant of summary judgment based on privileged documents, which were not discoverable by the non-moving party, must be vacated and remanded.
• Hemphill v. Zion Hope Primitive Baptist Church OF Pensacola, Inc.
  447 So. 2d 976· Fla. 1st DCA· 1984-03-16 ·cited 8×·via Temporary Injunction
  A former pastor challenges a temporary injunction preventing him from acting as pastor of Zion Hope Primitive Baptist Church after his termination by the Board of Trustees. The court affirms the injunction, holding that the First Amendment does not bar judicial review where the d
• Clean-Up '84 v. Heinrich
  582 F. Supp. 125· M.D. Fla.· 1984-03-05 ·cited 8×·via Preliminary Injunction
  The court held that a preliminary injunction should be granted to prevent the enforcement of Fla. Stat. § 104.36, as it likely violates First Amendment rights by being overbroad and not the least restrictive means of regulating election conduct.
• Quivira Mining Co. v. United States Env't Prot. Agency & Douglas M. Costle
  728 F.2d 477· 10th Cir.· 1984-03-02 ·cited 8×
  The court held that the transfer of regulatory functions from the Atomic Energy Commission to the Environmental Protection Agency did not alter the exclusive jurisdiction of the court of appeals to review such regulations under the Hobbs Act.
• Detroit v. Consol. Rail Corp.
  727 F.2d 1391· 6th Cir.· 1984-01-24 ·cited 8×·via Action For Injunction
  The court held that the Interstate Commerce Commission (ICC) has primary jurisdiction over disputes involving the cancellation of joint rail rates, requiring courts to defer to the ICC's expertise in ratemaking and cost analysis.
• Sure Plus Mfg. Co. v. Hy Kobrin & Kobrin Mfg., Inc.
  719 F.2d 1114· 11th Cir.· 1983-11-14 ·cited 8×
  The court held that a patent grant creates a presumption of validity but does not preclude a contempt finding for infringement without first invalidating the patent, and that the doctrine of equivalents must be applied to determine if modifications are merely colorable.
• State OF Okla. v. Casper Weinberger
  741 F.2d 290· 10th Cir.· 1983-10-19 ·cited 8×
  The court held that the Department of Defense's regulation interpreting the Randolph-Sheppard Act's income sharing exception for vending machines was not contrary to the statute, and summary judgment for the DOD was proper.
• Int'l Union United Auto. v. Lester Eng'g Co. & Nesco, Inc.
  718 F.2d 818· 6th Cir.· 1983-10-12 ·cited 8×·via Boys Markets Injunction
  The court held that the district court correctly denied the union's request for a preliminary injunction because the decision to close the plant was not an arbitrable dispute under the collective bargaining agreement.
• Laurence G. Russell v. Nat'l Mediation Bd.
  714 F.2d 1332· 5th Cir.· 1983-09-22 ·cited 8×
  The court held that jurisdiction exists under the Railway Labor Act to review the National Mediation Board's refusal to process an employee's application for an election when the Board fails to fulfill its statutory duty to investigate a representational dispute.
• Zoecon Indus. v. The Am. Stockman TAG Co.
  713 F.2d 1174· 5th Cir.· 1983-09-09 ·cited 8×
  A customer list containing specific purchasing characteristics, not generally known or readily ascertainable, constitutes a trade secret under Texas law, and its misappropriation by former employees breaches a confidential relationship.
• R.D. Welles v. Berry
  434 So. 2d 982· Fla. 2d DCA· 1983-07-01 ·cited 8×
  Appellants purchased a nonparticipating royalty interest in oil and gas production from specified land but received no payments after an initial 1965 lease payment, then were denied further leases. The court reversed dismissal of their complaint, holding that a nonparticipating r
• Frumer v. Cheltenham Twp.
  709 F.2d 874· 3d Cir.· 1983-06-17 ·cited 8×·via Preliminary Injunction
  The court held that the appeal from the denial of a preliminary injunction was not moot and affirmed the denial because the ordinance was a valid content-neutral time, place, and manner regulation.
• Calder Race Course, Inc. v. Gaitan
  430 So. 2d 975· Fla. 3d DCA· 1983-05-10 ·cited 8×·via Dissolution Of Injunction
  Attorneys' fees for wrongful injunction dissolution are recoverable only in a separate action on the injunction bond, but costs should generally follow the result of the litigation.
• Gale Williams v. United States
  704 F.2d 1162· 9th Cir.· 1983-04-28 ·cited 8×·via Mandatory Injunction
  The court held that the Postal Service is mandated to issue regulations under § 504 of the Rehabilitation Act, but reversed the mandatory injunction due to lack of demonstrated specific injury.
• Sierra Club v. Peterson
  705 F.2d 1475· 9th Cir.· 1983-04-13 ·cited 8×
  The court held that the Forest Service must comply with California's pollution control standards for herbicide spraying, as required by Executive Order 12088, or obtain a presidential exemption, and that the Sierra Club has a right to judicial review under the Administrative Proc
• Conn. Res. Recovery Auth. v. Occidental Petroleum Corp.
  705 F.2d 31· 2d Cir.· 1983-04-06 ·cited 8×·via Preliminary Injunction
  The court held that a request for injunctive enforcement of a contract's status quo provision pending arbitration requires a demonstration of supporting equitable factors, such as the absence of an adequate remedy at law or a danger of irreparable harm.
• Gligorijevic v. Gligorijevic
  427 So. 2d 1060· Fla. 2d DCA· 1983-03-09 ·cited 8×·via Temporary Injunction
  Father appealed a Florida circuit court order that declined to recognize and enforce a New Jersey custody modification decree and refused to exercise jurisdiction over the mother's petition for custody determination. The court held that the mother's wrongful conduct in removing t
• The Port Auth. Police Benevolent Ass'n, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  698 F.2d 150· 2d Cir.· 1983-01-12 ·cited 8×·via Preliminary Injunction
  The court held that the district court erred in denying class certification based on a misinterpretation of the plaintiff's claim as seeking individual promotions rather than the suppression of protected speech. The court also reversed the denial of the preliminary injunction, fi
• Williams v. Curtiss-Wright Corp. Appeal of James Williams
  691 F.2d 168· 3d Cir.· 1982-10-21 ·cited 8×·via Preliminary Injunction
  The court should reverse the portion of the preliminary injunction regarding the identification system for reverse-engineered parts because it unnecessarily restricts the seller's ability to sell the parts.
• S. E. Human Dev. Corp. v. Schweiker
  687 F.2d 1150· 8th Cir.· 1982-08-27 ·cited 8×·via Preliminary Injunction
  The court held that South Dakota failed to comply with the Omnibus Budget Reconciliation Act of 1981's requirements for timely submission of reports and holding public hearings for community service block grant funds. Consequently, the Secretary was obligated to distribute funds
• Ambassador Coll. v. Geotzke
  675 F.2d 662· 5th Cir.· 1982-05-06 ·cited 8×
  Principles of preclusion prevent a federal court from entertaining a § 1983 complaint if the issues have already been finally resolved against the complainant in a state court of competent jurisdiction.
• Nat'l Labor Relations Bd. v. Iowa Beef Processors, Inc.
  675 F.2d 1004· 8th Cir.· 1982-04-19 ·cited 8×
  The court held that the National Labor Relations Board correctly determined that Iowa Beef Processors, Inc. violated sections 8(a)(1) and (3) of the Act by discharging employees for engaging in protected activity, not sufficiently egregious misconduct.
• The Singer Co. v. P. R. Mallory & Co., Inc.
  671 F.2d 232· 7th Cir.· 1982-02-12 ·cited 8×·via Preliminary Injunction
  The court held that the district court abused its discretion by issuing an injunction against patent reissue proceedings and staying the Patent Office, as the moving party failed to demonstrate irreparable harm and other necessary prerequisites for injunctive relief.
• Cintron-Garcia v. Romero-Barcelo
  671 F.2d 1· 1st Cir.· 1982-01-27 ·cited 8×·via Preliminary Injunction
  The court held that the district court erred in issuing a preliminary injunction because the plaintiffs were unlikely to succeed on the merits and the balance of harms did not favor injunctive relief.
• Sec. & Exch. Comm'n v. Mount Vernon Mem'l Park
  664 F.2d 1358· 9th Cir.· 1982-01-04 ·cited 8×·via Preliminary Injunction
  The court held that Mount Vernon is an investment company under the Investment Company Act of 1940, as its debentures fit the definition of face-amount certificates of the installment type, and a reinvestment requirement is not necessary for regulation.