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

• John J. Franks, M.D. v. Nimmo
  683 F.2d 1290· 10th Cir.· 1982-06-30 ·cited 6×·via Preliminary Injunction
  The court held that the district court erred in issuing a preliminary injunction because the plaintiff had not demonstrated irreparable injury and had failed to exhaust administrative remedies.
• Hardline Elec., Inc. v. Int'l Bhd. OF Elec. Workers
  680 F.2d 622· 9th Cir.· 1982-06-29 ·cited 6×·via Boys Markets Injunction
  A party seeking an injunction against a strike under Boys Markets must demonstrate the underlying dispute is arbitrable, and cannot then avoid arbitration for damages. An injunction must be narrowly tailored to arbitrable issues.
• Cotton v. Fed. Land Bank OF Columbia
  676 F.2d 1368· 11th Cir.· 1982-05-24 ·cited 6×
  A non-party can be bound by a judgment if their interests were closely aligned with a party and they actively participated in the litigation, even if not formally named.
• Escobar v. Mobil OIL Corp.
  678 F.2d 398· 2d Cir.· 1982-05-05 ·cited 6×·via Preliminary Injunction
  The court held that the second termination notice provided by Mobil Oil to its franchisee, Escobar, was legally sufficient under the PMPA, despite including alternative termination dates.
• Hospah Coal Co. v. Chaco Energy Co.
  673 F.2d 1161· 10th Cir.· 1982-03-29 ·cited 6×·via Preliminary Injunction
  The court held that jurisdiction attached first in the Texas court because it was filed first, and the New Mexico court erred in issuing a preliminary injunction to prevent the Texas action from proceeding.
• Princeton Combustion Research Labs., Inc. v. Dir., John McCARTHY, Jr., United States Nat'l Aeronautics & Space Admin., Lewis Research Ctr. at Cleveland, Ohio. Appeal of Shaker Research Corp.
  674 F.2d 1016· 3d Cir.· 1982-03-29 ·cited 6×·via Preliminary Injunction
  A district court's review of a government procurement decision is limited to determining if the agency's decision was irrational; if the decision is found rational, the court must deny a preliminary injunction, even if procedural irregularities occurred.
• Wilhelmina Pope v. R.R. Ret. Bd.
  672 F.2d 972· D.C. Cir.· 1982-03-12 ·cited 6×·via Preliminary Injunction
  The dissenting judge believes the majority erred by ordering retroactive notice for a class of annuitants who, while denied a pre-recoupment oral hearing, were otherwise notified of their rights.
• Mills v. Rohalier Phillips
  407 So. 2d 302· Fla. 4th DCA· 1981-12-14 ·cited 6×·via Mandatory Injunction
  A non-custodial parent lacks standing to sue the School Board regarding educational decisions for a child in the custodial parent's care, absent extraordinary circumstances.
• ABA Distribs., Inc. v. Adolph Coors Co.
  661 F.2d 712· 8th Cir.· 1981-10-16 ·cited 6×·via Preliminary Injunction
  The district court did not abuse its discretion in granting a preliminary injunction, as the relief was justified by the record.
• United States v. State OF Wash.
  654 F.2d 570· 9th Cir.· 1981-08-24 ·cited 6×·via Permanent Injunction
  State sales and use taxes imposed on prime contractors for construction on federally-owned land are unconstitutional because they discriminate against those with whom the United States deals, violating the Supremacy Clause.
• Commodity Futures Trading Comm'n v. Bd. OF Trade OF the City OF Chicago
  657 F.2d 124· 7th Cir.· 1981-08-17 ·cited 6×·via Preliminary Injunction
  The court held that the district court erred by consolidating a preliminary injunction hearing with a trial on the merits without adequate notice, thereby depriving the Commission of a full opportunity to present its case. However, the denial of the preliminary injunction was aff
• Brotherhood OF Railway Carmen OF the United States AND Canada, AFL-CIO v. Pac. Fruit Express Co. & S. Pac. Transp. Co.
  651 F.2d 651· 9th Cir.· 1981-07-20 ·cited 6×·via Preliminary Injunction
  The court held that the dispute over whether PFE's actions constituted an abandonment of facilities or a merger was a minor dispute under the Railway Labor Act, requiring resolution by the National Railroad Adjustment Board or agreed-upon mediation, not the courts.
• Exxon Corp. v. United States
  655 F.2d 1112· Temp. Emer. Ct. App.· 1981-06-30 ·cited 6×·via Preliminary Injunction
  The court exercised its supervisory powers to consolidate litigation concerning oil pricing regulations in the District of Columbia action, staying proceedings in the Texas action.
• Gov't Emps. Ins. Co. v. Sutton
  400 So. 2d 476· Fla. 5th DCA· 1981-05-06 ·cited 6×
  GEICO appeals from a judgment allowing Nancy Sutton to arbitrate uninsured motorist benefits after her husband's death in an automobile accident. The court reverses, holding that Sutton's settlement with an insured joint tortfeasor without GEICO's written consent triggers an excl
• Zimmer v. Connett
  640 F.2d 208· 9th Cir.· 1981-02-17 ·cited 6×·via Mandatory Injunction
  Taxpayers do not have a right to a hearing before the IRS can reexamine their books, as they have an adequate remedy at law and such a hearing would violate the Anti-Injunction Act.
• Fla. Wildlife Fed'n v. Goldschmidt
  506 F. Supp. 350· S.D. Fla.· 1981-01-06 ·cited 6×·via Preliminary Injunction
  The court denied the plaintiffs' motion for a preliminary injunction, finding they failed to demonstrate a substantial likelihood of prevailing on the merits or suffering irreparable injury.
• Koehler v. Fla. Real Est. Comm'n
  390 So. 2d 711· Fla.· 1980-11-20 ·cited 6×
  Koehler challenged the constitutionality of Florida's administrative procedures governing real estate license disciplinary proceedings, arguing that combining investigative, prosecutorial, and adjudicative functions in the Florida Real Estate Commission violates due process. The
• Edwards v. Md. State Fair & Agric. Soc'y, Inc.
  628 F.2d 282· 4th Cir.· 1980-08-12 ·cited 6×
  The court held that the Maryland State Fair's 'booth rule,' restricting religious solicitation and literature distribution to booths, unconstitutionally infringes upon First Amendment rights.
• Martin v. Charlotte-Mecklenburg Bd. OF Educ.
  626 F.2d 1165· 4th Cir.· 1980-07-23 ·cited 6×
  The court held that the school board's 1978 pupil reassignment plan, implemented voluntarily to maintain racial ratios, was a valid exercise of its plenary powers over educational policy and not prohibited by Pasadena.
• Walker v. Wegner
  624 F.2d 60· 8th Cir.· 1980-07-02 ·cited 6×·via Preliminary Injunction
  The court held that abstention under Younger v. Harris is not appropriate because the administrative proceeding cannot resolve the constitutional claims and requiring exhaustion would cause undue delay and prior restraint.
• Cumberland Cap. Corp. v. Harris
  621 F.2d 246· 6th Cir.· 1980-05-19 ·cited 6×
  The court held that the plaintiff's incidental real estate sales, arising from loan defaults and foreclosures, do not subject it to the Interstate Land Sales Full Disclosure Act.
• Health Clubs OF Jacksonville, Inc. v. State of Fla. ex rel. Ed Austin
  381 So. 2d 1174· Fla. 1st DCA· 1980-03-18 ·cited 6×·via Permanent Injunction
  A health club may be permanently enjoined as a public nuisance in its entirety where the trial court finds that it cannot be operated legitimately without permitting acts of lewdness, and an injunction is not overly broad when grounded on a factual finding that illegal conduct is
• Marshall v. The Texoline Co.
  612 F.2d 935· 5th Cir.· 1980-02-28 ·cited 6×
  The court held that the Mine Safety Act's provisions for warrantless inspections of mines are constitutional and do not violate the Fourth Amendment.
• Bowe v. Bd. OF Election Comm'rs OF the City OF Chicago
  614 F.2d 1147· 7th Cir.· 1980-02-13 ·cited 6×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiffs failed to demonstrate a likelihood of success on the merits due to an undeveloped factual record regarding the signature requirements.
• Energy Action Educ. Found. v. Andrus
  631 F.2d 751· D.C. Cir.· 1979-12-20 ·cited 6×·via Preliminary Injunction
  The court held that while the Secretary of Interior has not yet contravened the letter of the law, continued delay in implementing new leasing regulations may constitute an abuse of discretion.
• Griffin v. RED RUN Lodge, Inc.
  610 F.2d 1198· 4th Cir.· 1979-11-29 ·cited 6×·via Mandatory Injunction
  The court held that the district court erred in denying injunctive relief based on an incorrect application of the comparative hardship doctrine and in dismissing the damages claim for lack of jurisdictional amount.
• Jones v. Romaine Perry Weaver
  374 So. 2d 1175· Fla. 1st DCA· 1979-09-20 ·cited 6×·via Mandatory Injunction
  Jones appeals from a trial court judgment that voided a reserved easement/right-of-way in a deed to Weaver, finding the easement no longer needed for access. The appellate court reverses and remands, holding that the trial court failed to adequately address the appellees' duress
• Ekas v. Carling Nat'l Breweries, Inc.
  602 F.2d 664· 4th Cir.· 1979-08-03 ·cited 6×
  The union possessed the authority to modify the collective bargaining agreement to merge seniority lists, and in doing so, it did not breach its duty of fair representation to the Beltway employees.
• Brown v. Scott
  602 F.2d 791· 7th Cir.· 1979-08-02 ·cited 6×
  The court held that the Illinois Residential Picketing Statute violates the Equal Protection Clause of the Fourteenth Amendment by allowing peaceful labor picketing at residences while prohibiting other forms of peaceful picketing. The court reversed the district court's judgment
• The Pac. Tel. & Tel. Co. v. Pub. Utils. Comm'n OF the State OF Cal.
  600 F.2d 1309· 9th Cir.· 1979-07-18 ·cited 6×·via Preliminary Injunction
  The court held that the district court properly applied the doctrine of res judicata to deny the utilities' request for a preliminary injunction.
• State OF Wyo. v. Andrus
  602 F.2d 1379· 10th Cir.· 1979-07-18 ·cited 6×·via Mandatory Injunction
  Wyoming is not entitled to indemnity lieu lands for acreage within railroad rights-of-way crossing school sections, as the grant of a right-of-way does not constitute a 'prior disposition' under the relevant statutes.
• Costin v. Gilda Branch
  373 So. 2d 370· Fla. 1st DCA· 1979-06-29 ·cited 6×
  Appellants sought to install an underground septic tank and drain field on their waterfront property subject to an easement held by the appellee. The trial court issued an injunction preventing the construction based on the easement's prohibition against erecting structures. The
• Wolff v. Dade Cnty.
  370 So. 2d 839· Fla. 3d DCA· 1979-05-08 ·cited 6×
  The court held that the County Commission had a rational basis for denying the land reclassification application, and the trial court's finding was not erroneous.
• United States v. Boston Farm Ctr., Inc.
  590 F.2d 149· 5th Cir.· 1979-02-23 ·cited 6×
  The court held that the lower court's finding that corn containing 20-100 ppb of aflatoxin was not adulterated was clearly erroneous, requiring reversal.
• ST. Martin's Press v. Carey
  605 F.2d 41· 2d Cir.· 1979-01-10 ·cited 6×
  The court held that the plaintiffs failed to establish a genuine threat of prosecution, thus lacking a justiciable controversy required for federal court intervention.
• Murillo v. Mathews
  588 F.2d 759· 9th Cir.· 1978-12-29 ·cited 6×
  The court held that the district court could not properly take jurisdiction because the plaintiffs failed to exhaust administrative remedies by presenting their claims to the Social Security Administration (SSA) or the Secretary. This failure to exhaust administrative remedies is
• Pharm. Soc'y OF the State OF NEW York, Inc. v. Lefkowitz
  586 F.2d 953· 2d Cir.· 1978-11-01 ·cited 6×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs failed to meet the basic requirements for such relief, including showing probable success on the merits or irreparable harm.
• Clark v. Lomas & Nettleton Fin. Corp.
  581 F.2d 516· 5th Cir.· 1978-10-05 ·cited 6×
  The court held that the order tentatively approving a settlement is not an appealable order.
• Fla. Real Est. Comm'n v. Johnson
  362 So. 2d 674· Fla.· 1978-09-07 ·cited 6×
  The Florida Supreme Court held that Section 475.01(2) of the Florida Statutes, which limits corporate landowners to selling property through only one unlicensed corporate officer, violates equal protection guarantees and is unconstitutionally restrictive. The Court affirmed a cir
• U. S. Indus., Inc. v. The Honorable Aldon J. Anderson
  579 F.2d 1227· 10th Cir.· 1978-07-13 ·cited 6×
  The court held that a motion cannot be used to circumvent the proper procedure of filing a complaint or counterclaim to recover a debt, even if the debt was wrongfully withheld.
• Reed v. Cleveland Bd. OF Educ.
  581 F.2d 570· 6th Cir.· 1978-07-06 ·cited 6×·via Mandatory Injunction
  The court held that the district court's April 21, 1978 order, which restructured the administration of the Cleveland school system without notice or a hearing, was an appealable mandatory injunction that violated procedural rules and was not justified by the circumstances.
• Haas v. Sirrouko Howard
  579 F.2d 654· 1st Cir.· 1978-06-21 ·cited 6×·via Permanent Injunction
  The court held that the district court's preliminary injunction was improper because the Supreme Court's stay order in a related case precluded the relief granted, and res judicata principles barred the action.
• Reginald and Otelia Grant v. Smith
  574 F.2d 252· 5th Cir.· 1978-06-02 ·cited 6×·via Preliminary Injunction
  The court held that the trial court's emphasis on the plaintiffs' lack of good faith may have improperly influenced its determination of discrimination claims under certain provisions of the Fair Housing Act and remanded for further findings. The court also held that the standard
• The Cosm. v. State OF Minn.
  575 F.2d 1256· 8th Cir.· 1978-05-25 ·cited 6×·via Preliminary Injunction
  The court held that the Minnesota statute requiring specific placement of a warning label on products using certain chlorofluorocarbon propellants is preempted by federal regulation.
• Sears v. Eckerd
  575 F.2d 1197· 7th Cir.· 1978-04-25 ·cited 6×
  Agency regulations promulgated under 5 U.S.C. § 301 satisfy the "authorized by law" exception to 18 U.S.C. § 1905, and neither § 1905 nor the Freedom of Information Act implies a private cause of action for submitters seeking to prevent disclosure.
• Geiger v. Duval Cnty. Sch. Bd.
  357 So. 2d 442· Fla. 1st DCA· 1978-03-30 ·cited 6×
  The Duval County School Board sought an injunction to prevent the teachers' union (Duval Teachers United) and its president from engaging in certain activities during labor negotiations. The court addressed whether the injunction violated the union's First Amendment rights to com
• Pilafian v. Cherry
  355 So. 2d 847· Fla. 3d DCA· 1978-03-07 ·cited 6×·via Mandatory Injunction
  Neighboring waterfront property owners in a Florida subdivision disputed the construction of a seawall and dock on adjacent lots. The trial court denied both the plaintiffs' request for mandatory injunction to remove the defendants' dock and the defendants' counterclaim, applying
• Aldens, Inc. v. Ryan
  571 F.2d 1159· 10th Cir.· 1978-02-27 ·cited 6×
  The court held that the Oklahoma Consumer Credit Code's maximum interest rates can be applied to out-of-state mail-order businesses selling to Oklahoma residents, and that such application does not violate the Commerce Clause or Due Process Clause.
• Zeigler Coal Co. v. Local Union NO. 1870
  566 F.2d 582· 7th Cir.· 1977-12-01 ·cited 6×·via Boys Markets Injunction
  A sympathy strike in support of sister unions, even if it violates a no-strike clause, is not subject to a Boys Markets injunction pending arbitration of the dispute over the strike's legality.
• Town OF Longboat KEY v. Kirstein
  352 So. 2d 924· Fla. 2d DCA· 1977-11-30 ·cited 6×