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

• Burkhalter v. Burkhalter
  634 So. 2d 761· Fla. 1st DCA· 1994-03-31 ·cited 6×
  Ann Burkhalter appeals a circuit court order relinquishing jurisdiction over child custody to North Carolina under the Uniform Child Custody Jurisdiction Act. The court addresses disputes about the appellate record and remands to the trial court to supplement the record with deta
• Vill. OF KEY Biscayne v. Dade Cnty. & Marine Exhibition Corp.
  627 So. 2d 1180· Fla. 3d DCA· 1993-11-09 ·cited 6×
  The Village of Key Biscayne challenged Dade County's approval of Marine Exhibition Corporation's project to develop commercial amusement facilities on Virginia Key property zoned for Parks and Recreation. The court reversed the lower court's judgment, holding that the project did
• Self-Insurance Inst. OF Am., Inc. v. Korioth
  993 F.2d 479· 5th Cir.· 1993-06-17 ·cited 6×
  The court held that the district court had general federal question jurisdiction and that the plaintiff association had associational standing to bring the action challenging state insurance code provisions as preempted by ERISA.
• Petriccione v. Ocean Landings Condo. Ass'n, Inc.
  615 So. 2d 215· Fla. 5th DCA· 1993-03-05 ·cited 6×·via Injunction Bond
  Petriccione appeals the trial court's denial of his motion to dissolve a temporary injunction issued by Ocean Landings Condominium Association, which had hired him to collect past due maintenance fees. The appellate court reversed, finding no basis to continue the injunction beca
• Rivera-Puig v. Hon. Gabriel Garcia-Rosario
  983 F.2d 311· 1st Cir.· 1992-12-18 ·cited 6×·via Action For Injunction
  The court held that the closure provision of Rule 23(c) of the Puerto Rico Rules of Criminal Procedure is unconstitutional as it violates the First Amendment right of access to preliminary hearings, and that abstention doctrines do not apply.
• Mallinckrodt, Inc. v. Medipart, Inc.
  976 F.2d 700· Fed. Cir.· 1992-09-24 ·cited 6×·via Preliminary Injunction
  A restriction on the use of a patented device, if properly communicated and not otherwise illegal, can be enforced through a patent infringement suit, even if it's a single-use item sold by the patentee.
• Haitian Ctrs. Council, Inc. v. McNARY
  969 F.2d 1350· 2d Cir.· 1992-07-29 ·cited 6×·via Preliminary Injunction
  The court should not apply collateral estoppel because the government shifted its position after using a prior representation to avoid Supreme Court review.
• Vista Ctr. Venture v. Unlike Anything, Inc.
  603 So. 2d 576· Fla. 5th DCA· 1992-07-17 ·cited 6×
  Vista Centre Venture appeals from a trial court order that evicted its tenant but set damages for a jury trial despite the parties' contractual waiver of jury trials. The appellate court affirms the eviction and vacating of the initial judgment but reverses the order for a common
• Am. W. Airlines, Inc. v. Nat'l Mediation Bd.
  986 F.2d 1252· 9th Cir.· 1992-07-07 ·cited 6×·via Preliminary Injunction
  The National Mediation Board's proposed notice, stating it found the carrier unlawfully interfered with employee representation choice, exceeded its statutory authority by acting as an adjudicator rather than an investigator.
• Senate OF THE State OF Cal. v. Mosbacher
  968 F.2d 974· 9th Cir.· 1992-07-06 ·cited 6×·via Preliminary Injunction
  The dissenting judge would affirm the preliminary injunction, leaving redistricting decisions to the states.
• Manchester Knitted Fashions, Inc. v. Amalgamated Cotton Garment & Allied Indus. Fund
  967 F.2d 688· 1st Cir.· 1992-06-16 ·cited 6×
  The court held that the partial summary judgment order was appealable as an injunction, that the Fund waived its venue challenges, and that the withdrawal liability rules were unenforceable.
• Haitian Ctrs. Council, Inc. v. McNARY
  969 F.2d 1326· 2d Cir.· 1992-06-10 ·cited 6×·via Preliminary Injunction
  The dissenting judge would vacate the preliminary injunction, finding that aliens interdicted at sea and detained at Guantanamo Bay do not possess Fifth Amendment due process rights regarding their admission to the United States.
• T.S. Falls v. Nesbitt
  966 F.2d 375· 8th Cir.· 1992-06-04 ·cited 6×
  A prison official's violation of an internal regulation does not create an Eighth Amendment claim unless there is objective evidence of deliberate indifference to a prisoner's constitutional rights.
• CSX Transp., Inc. v. Tenn. State Bd. OF Equalization
  964 F.2d 548· 6th Cir.· 1992-05-15 ·cited 6×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to establish reasonable cause to believe a violation of 49 U.S.C. § 11503 had occurred or was likely to occur.
• Cook v. The Proctor & Gamble Cellulose Co.
  599 So. 2d 688· Fla. 1st DCA· 1992-05-08 ·cited 6×
  Barry Cook and Samuel Rives appealed a summary judgment awarded to Proctor & Gamble Cellulose Company in a prescriptive easement dispute. The court reversed the summary judgment in Proctor & Gamble's favor because material factual disputes existed regarding whether the company's
• Valenti v. Mitchell
  962 F.2d 288· 3d Cir.· 1992-04-14 ·cited 6×·via Preliminary Injunction
  The court held that the Rooker-Feldman doctrine did not bar the district court from hearing constitutional claims by parties who were not participants in the prior state supreme court proceedings, even if those proceedings addressed similar issues.
• NEW York State Nat'l Org. FOR Women v. Terry
  961 F.2d 390· 2d Cir.· 1992-04-13 ·cited 6×
  The court should not have reversed sanctions against the attorney, as there were other valid grounds for imposing them, even if one ground was later reversed on appeal.
• In re Koreag v. Refco F/X Assocs., Inc.
  961 F.2d 341· 2d Cir.· 1992-04-09 ·cited 6×
  The court held that a threshold determination of property ownership under local law is required before a bankruptcy court can order turnover of assets ancillary to a foreign proceeding under 11 U.S.C. § 304(b)(2).
• Burlington N. R.R. Co. v. Bair
  957 F.2d 599· 8th Cir.· 1992-02-26 ·cited 6×
  The court held that a 'reasonable cause' standard, not traditional equitable principles, governs preliminary injunctions under section 306 of the 4-R Act, but the district court must consider evidence from both parties when applying this standard.
• Williams v. Martin
  595 So. 2d 164· Fla. 4th DCA· 1992-02-19 ·cited 6×
  Williams, a Connecticut resident, appealed an interlocutory order denying her motion to dismiss for lack of in personam jurisdiction in a defamation and breach of attorney-client privilege suit filed by Martin in Florida. The court reversed, finding the complaint failed to allege
• McBRIDE v. Coleman
  955 F.2d 571· 8th Cir.· 1992-01-30 ·cited 6×
  The court held that compensatory sanctions for contempt are not barred by sovereign immunity, as they are necessary to enforce judicial orders and make injured parties whole.
• Jordon v. Booth Gardner
  953 F.2d 1137· 9th Cir.· 1992-01-10 ·cited 6×
  The court held that routine and random cross-gender pat searches of inmates do not violate the First, Fourth, or Eighth Amendment rights, as they are reasonably related to legitimate penological interests and are conducted in a professional manner.
• State of Fla. Dep't of Env't Reg. v. Marieta Kaszyk
  590 So. 2d 1010· Fla. 3d DCA· 1991-12-10 ·cited 6×·via Action For Injunction
  The Florida Department of Environmental Regulation appealed the denial of a temporary injunction against a trailer park owner whose sewage treatment plants violated state effluent standards. The appellate court reversed, holding that DER established all elements for a temporary i
• Beck v. Levering
  947 F.2d 639· 2d Cir.· 1991-10-22 ·cited 6×·via Permanent Injunction
  The court held that the district court properly granted summary judgment based on collateral estoppel, affirming the permanent bar from acting as fiduciaries and restitution.
• Hazardous Waste Treatment Council v. State OF S.C.
  945 F.2d 781· 4th Cir.· 1991-09-20 ·cited 6×·via Preliminary Injunction
  The court affirmed the preliminary injunction regarding statutes and executive orders but remanded the regulation for further balancing of hardships, clarifying the injunction did not declare the laws invalid.
• Maplewood Phase ONE Homeowner's Ass'n, Inc. v. Cecil
  585 So. 2d 370· Fla. 4th DCA· 1991-08-14 ·cited 6×
  The court held that the order setting the amount to bond off a lien was not immediately reviewable by certiorari because it lacked dispositive language and was not an order modifying an injunction.
• In re Morton Reed v. Morton Reed
  940 F.2d 1317· 9th Cir.· 1991-08-09 ·cited 6×·via Preliminary Injunction
  A debtor's interest in a residence remains part of the bankruptcy estate, even after a 'no asset' report, until the case is formally closed by the court, and appreciation of the asset enures to the estate.
• Glenwood Bridge, Inc. v. City OF Minneapolis
  940 F.2d 367· 8th Cir.· 1991-08-02 ·cited 6×·via Preliminary Injunction
  The court held that the appellant failed to demonstrate irreparable injury or a sufficient likelihood of success on the merits to warrant injunctive relief.
• Burger King Corp. v. Hall
  770 F. Supp. 633· S.D. Fla.· 1991-05-21 ·cited 6×·via Preliminary Injunction
  A terminated franchisee's continued unauthorized use of the franchisor's trademarks constitutes infringement and unfair competition, and the franchisee cannot use wrongful termination as a defense to avoid injunctive relief.
• Abel v. Honorable Lee R. West
  932 F.2d 898· 10th Cir.· 1991-05-10 ·cited 6×
  The court clarified its prior mandate, modifying its opinion to specify that the injunction against pursuing fees is affirmed only temporarily pending reorganization plan confirmation.
• Solo Serve Corp. v. Westowne Assocs.
  929 F.2d 160· 5th Cir.· 1991-04-18 ·cited 6×·via Permanent Injunction
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding the defendant's alleged lease breaches, and that the district court did not abuse its discretion in denying further discovery.
• Risser v. Thompson
  930 F.2d 549· 7th Cir.· 1991-04-16 ·cited 6×
  The court held that Wisconsin's partial veto provision, as interpreted by its courts, does not violate the U.S. Constitution, and state legislators lack standing to challenge it on federal grounds.
• Indian Trail Homeowners Ass'n, Inc. v. Leta Roberts
  577 So. 2d 998· Fla. 4th DCA· 1991-04-10 ·cited 6×
  The Fourth District Court of Appeal affirmed the trial court's judgment in a homeowners association case, upholding the voiding of an attempted amendment and an order granting the plaintiff access to association records. The court made minor modifications to clarify that prohibit
• Inmates OF Orient Corr. Inst. v. Ohio State Adult Parole Auth.
  929 F.2d 233· 6th Cir.· 1991-03-26 ·cited 6×·via Preliminary Injunction
  The court held that Ohio law does not create a constitutionally protected liberty interest in being released on parole at a specific time, even after an 'on or after' date has been set.
• Nat'l Treas. Emps. Union v. United States
  927 F.2d 1253· D.C. Cir.· 1991-03-15 ·cited 6×·via Preliminary Injunction
  The court held that the appellants failed to demonstrate irreparable injury, thus affirming the denial of their request for a preliminary injunction against the enforcement of Title VI of the Ethics Reform Act of 1989.
• Lockhart v. Darral Kenops
  927 F.2d 1028· 8th Cir.· 1991-03-07 ·cited 6×
  The court held that the Forest Service's decision to proceed with the land exchange without preparing an Environmental Impact Statement (EIS) was not arbitrary and capricious and did not violate NEPA, AIRFA, or the First Amendment.
• Wcvb-Tv v. Boston Athletic Ass'n
  926 F.2d 42· 1st Cir.· 1991-02-12 ·cited 6×·via Preliminary Injunction
  The court held that the district court's refusal to grant a preliminary injunction was lawful because the appellants failed to show a likelihood of customer confusion regarding sponsorship or official approval of Channel 5's broadcast of the Boston Marathon.
• Elizabeth v. Bogosian
  923 F.2d 898· 1st Cir.· 1991-01-15 ·cited 6×·via Mandatory Injunction
  The court held that the district court's orders requiring security and interim distributions were appealable mandatory injunctions and were lawful under Rhode Island law.
• United States v. Rural Elec. Convenience Coop. Co.
  922 F.2d 429· 7th Cir.· 1991-01-15 ·cited 6×
  The court held that the district court erred in denying injunctive relief, as federal interests necessitate a federal forum for resolving disputes involving federal bailouts and loan guarantees.
• Dejong v. Dejong
  572 So. 2d 11· Fla. 2d DCA· 1990-12-21 ·cited 6×
• Ray v. United States Dep't of Just.
  770 F. Supp. 1544· S.D. Fla.· 1990-12-17 ·cited 6×·via Mandatory Injunction
  The court held that a routine administrative backlog due to a high volume of requests does not constitute 'exceptional circumstances' under FOIA, and the INS's failure to prioritize urgent requests means it has not exercised 'due diligence'.
• City OF Tenakee Springs v. Clough
  915 F.2d 1308· 9th Cir.· 1990-09-28 ·cited 6×·via Preliminary Injunction
  The court held that the plaintiffs raised serious legal questions regarding the adequacy of the SEIS, particularly concerning the interpretation of the timber sale contract and the analysis of cumulative impacts, warranting a preliminary injunction.
• United States v. Roth
  912 F.2d 1131· 9th Cir.· 1990-08-30 ·cited 6×·via Preliminary Injunction
  The court held that a pretrial order restraining assets under the Comprehensive Forfeiture Act is appealable as a preliminary injunction under 28 U.S.C. § 1292(a)(1).
• ELI Lilly & Co. v. Medtronic, Inc.
  915 F.2d 670· Fed. Cir.· 1990-08-17 ·cited 6×·via Permanent Injunction
  The court held that the district court's findings of contempt were deficient and that the prior judgment of infringement and all injunctive orders must be vacated due to the Supreme Court's ruling on the § 271(e)(1) exemption.
• Chrysler Motors Corp. v. Auto Body Panels OF Ohio, Inc.
  908 F.2d 951· Fed. Cir.· 1990-07-11 ·cited 6×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying Chrysler's motion for a preliminary injunction because Chrysler failed to establish a reasonable likelihood of success on the merits or irreparable harm.
• Reiter v. Mason
  563 So. 2d 749· Fla. 3d DCA· 1990-06-12 ·cited 6×·via Temporary Injunction
  The court held that the trial court abused its discretion in denying the motion to dissolve the injunction and unseal the file, as the injunctions were overly broad and the file should be open to the public.
• Shearson Lehman Hutton, Inc. v. Meyer
  561 So. 2d 1331· Fla. 5th DCA· 1990-05-31 ·cited 6×·via Temporary Injunction
  Shearson Lehman Hutton appealed two interlocutory orders denying dissolution and modification of a temporary injunction that prevented the company from terminating or disciplining three female financial consultants who alleged gender and age discrimination. The court held that in
• Baldree v. Cargill, Inc.
  758 F. Supp. 704· M.D. Fla.· 1990-04-30 ·cited 6×·via Preliminary Injunction
  The court granted preliminary injunctions, ordering reinstatement of a grower and enjoining unfair practices, finding a substantial likelihood of success on the merits and irreparable harm.
• Nat'l Kidney Patients Ass'n v. Louis W. Sullivan, M.D.
  902 F.2d 51· D.C. Cir.· 1990-04-24 ·cited 6×·via Preliminary Injunction
  The appeal of a preliminary injunction is moot because subsequent legislation enacted by Congress achieved the same outcome as the injunction, rendering the appellate issue non-justiciable.
• Ry. Labor Executives' Ass'n v. The City OF Galveston
  897 F.2d 164· 5th Cir.· 1990-03-14 ·cited 6×·via Permanent Injunction
  The Railway Labor Act's Section 6 does not require a carrier to give notice or bargain, nor does it prohibit a transaction, if the transaction itself does not change existing agreements affecting rates of pay, rules, or working conditions.