5,622 Florida cases classified under this topic, plus 6,128 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the district court abused its discretion by failing to adequately consider post-sale confusion for trademark and trade dress claims and by misapplying the Gorham test for design patent infringement.
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The appellate court reversed a temporary injunction against a singer and his manager, finding that Florida courts cannot enforce personal service contracts through injunctions and that the foreign "Amparo" order was obtained in violation of due process standards due to inadequate
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A defendant who fails to timely appeal an asset freeze order, which was immediately appealable, forfeits the right to challenge that order on appeal from a subsequent final judgment.
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The court reversed a temporary injunction that restricted an accountant from conducting business at a new location and using his own name in business operations. The court found that the covenant not to compete had been strictly construed and that the appellee failed to prove the
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The court held that the Office of Personnel Management's (OPM) denial of health insurance coverage for a cancer treatment was not arbitrary and capricious, as the policy's plain language and definitions of 'experimental' and 'reliable evidence' supported the denial.
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989 F.2d 668·
3d Cir.·
1993-03-25
·cited 4×
The Norris-LaGuardia Act does not apply to injunctions concerning disputes over arbitrability, and the determination of arbitrability is subject to plenary review, not the clearly erroneous standard.
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990 F.2d 653·
1st Cir.·
1993-03-16
·cited 4×
The court held that mandamus is not warranted because the petitioners failed to demonstrate palpable error or a special risk of irreparable harm from the district court's order appointing a special master.
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985 F.2d 451·
9th Cir.·
1993-02-01
·cited 4×
The court held that the Federal Power Act preempts state authority to impose additional requirements beyond proprietary water rights, as Congress has occupied the field of hydroelectric project licensing.
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A Florida appellate court affirmed a one-year extension of a domestic violence protective injunction against the husband's argument that Florida should have relinquished jurisdiction to Wisconsin under the Uniform Child Custody Jurisdiction Act (UCCJA). The court held that Florid
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608 So. 2d 537·
Fla. 2d DCA·
1992-11-13
·cited 4×
The Florida District Court of Appeal held that a property owners' association that was not contemplated in the original subdivision documents and is not a direct successor to the developer lacks standing to enforce restrictive covenants, absent a procedural rule granting such cap
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The court vacated the preliminary injunction, but the concurring opinion argues against basing the decision on the Appropriations Clause.
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The appellate court reversed the dissolution of a temporary injunction, finding that the trial court erred in dissolving it on procedural grounds and should have considered the merits of the injunction regarding child abuse reports.
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603 So. 2d 715·
Fla. 4th DCA·
1992-08-26
·cited 4×
The court held that the trial court erred in discharging a notice of lis pendens because the moving party failed to meet the burden of proving that the notice was inappropriate.
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The court held that the RTC met the "fair ground for litigation" standard for a preliminary injunction, even without showing irreparable injury, due to statutory modifications and that the district court did not abuse its discretion in freezing assets alleged to be fraudulently c
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972 F.2d 365·
D.C. Cir.·
1992-08-14
·cited 4×
The court held that a restriction on a public demonstration based on the threat of listeners' violent reaction to the message is content-based and subject to strict scrutiny. However, the government has some leeway to adjust marches for public safety.
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The court held that the district court did not abuse its discretion in striking the appellant's pleadings and entering a default judgment for extreme discovery abuses, and that findings of fact and conclusions of law were not required for a judgment based on sanctions.
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972 F.2d 1012·
9th Cir.·
1992-07-23
·cited 4×
Intended third-party beneficiaries have standing to enforce a consent decree, and a party cannot unilaterally disregard a consent decree without filing a motion to modify or vacate it under Rule 60(b).
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The court held that the Project Labor Agreement did not violate the National Labor Relations Act or the Competition in Contracting Act, affirming the dismissal of the plaintiffs' complaint.
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The court held that a stepmother, not residing in the same dwelling unit as her stepson, was not authorized by the statute to seek an injunction for protection against domestic violence.
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The court held that while the district court erred in finding MV/ADEX and repair services were not separate products, summary judgment for the defendant was still warranted because the plaintiffs failed to raise a genuine issue of material fact regarding the existence of a tying
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The court held that the relitigation exception of the Anti-Injunction Act justified enjoining the investors' direct contractual claims, but the aid of jurisdiction exception did not justify enjoining their assignee claims. The court also affirmed ancillary jurisdiction over the c
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596 So. 2d 1195·
Fla. 3d DCA·
1992-04-07
·cited 4×
The Village of Kings Creek Condominium Association was not the prevailing party and therefore not entitled to attorney's fees under Florida Statutes Section 718.303(1) because the trial court's compromise solution—allowing the defendant to plant shrubbery instead of requiring rem
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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.
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The court held that the actions of the Presidential Candidate Selection Committee, despite its statutory creation, were not state actions, and thus plaintiffs failed to establish a claim under 42 U.S.C. § 1983.
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The court held that the OMH policy allowing confidential consultations between mental health staff and hearing officers is permissible, and that individual disciplinary hearing outcomes should not be automatically reversed without harmless error analysis.
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948 F.2d 1436·
5th Cir.·
1991-12-26
·cited 4×
The court held that the district court erred by dismissing the suit as moot, violating the law of the case doctrine and incorrectly determining that historic preservation review was unnecessary for a completed federally-licensed project. The court also found the judge's recusal w
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Florida appellate court affirmed denial of venue transfer to Broward County in child custody action but reversed temporary injunction prohibiting mother's visitation for failure to state reasons as required by civil procedure rules.
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951 F.2d 1504·
9th Cir.·
1991-12-23
·cited 4×
The court held that the Department of Corrections policies denied inmates meaningful access to the courts, and the district court's grant of summary judgment and injunctions were proper.
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A temporary injunction cannot be entered upon motion alone without an initial pleading like a complaint.
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The court held that it lacked appellate jurisdiction over the order staying the class action pending other proceedings but had jurisdiction over the order effectively denying a preliminary injunction, which was an abuse of discretion.
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593 So. 2d 1035·
Fla.·
1991-11-14
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The Florida Supreme Court rejected The Florida Bar's proposed Chapter 15 regulating out-of-state corporate counsel, finding it would unduly burden commerce and economic development. The Court adopted modified provisions regarding emergency suspension and probation procedures, wit
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949 F.2d 202·
6th Cir.·
1991-11-13
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The court held that the National Park Service regulation prohibiting trapping in national lakeshores unless specifically authorized by federal law is a reasonable interpretation of the enabling acts and the Organic Act.
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949 F.2d 270·
9th Cir.·
1991-11-08
·cited 4×
The court held that the Nevada Labor Commissioner's enforcement of a prevailing wage statute, denying an exemption to a federally approved apprenticeship program, was preempted by ERISA.
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The court held that the district court's June 10, 1987 order was a final and appealable judgment because it ended the litigation on the merits and was properly entered as a separate document under Rule 58.
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587 So. 2d 584·
Fla. 1st DCA·
1991-10-08
·cited 4×
The Merriams appealed a dismissal of their complaint seeking to enjoin Forest & Lakes from denying them hunting and fishing rights on Chain Lakes property. The court held that the trial court erred in ruling as a matter of law that the deeds were insufficient to convey these righ
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The court held that the asphalt racetracks and increased overburden materially interfere with MAPCO's easement rights, and that damages are an inadequate remedy, thus reversing the denial of a mandatory injunction.
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942 F.2d 1385·
9th Cir.·
1991-08-19
·cited 4×
The court held that state officials administering large bureaucracies should not be held to a standard of near-perfect compliance, but rather 'substantial compliance'.
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The court held that the petitioner's transfer to a federal penitentiary was statutorily and constitutionally valid, and the district court did not err in denying his habeas corpus petition.
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The court held that a soldier challenging his discharge must exhaust administrative remedies and that the harm from a general discharge under honorable conditions is generally not sufficient to warrant injunctive relief, especially in military cases.
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The court affirmed the injunction and accounting order but remanded for factual findings regarding the asset freeze. Officers can be held individually liable under the Act.
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The court held that the district court erred in dismissing the action for lack of jurisdiction, vacating the dismissal and remanding for entry of judgment for the defendant-appellee.
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936 F.2d 1547·
9th Cir.·
1991-06-25
·cited 4×
The court should hold that LSC's statutory or contractual right to inspect personnel files is subject to a reasonableness requirement, considering the purpose of ensuring grant compliance and employee privacy.
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The court affirmed the denial of a preliminary injunction, holding that the distributor agreement did not constitute a franchise under Indiana law, thus allowing termination without cause.
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The court held that the district court must first determine whether the automatic stay under the Bankruptcy Code applied to the ICC action and contempt proceedings, as this issue was not addressed below and could render the district court's orders void.
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929 F.2d 382·
8th Cir.·
1991-03-28
·cited 4×
The court held that the term 'First Federal' had acquired secondary meaning and was protectable as a service mark, and that customer confusion justified an injunction against a similarly named competitor.
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The trial court erred in dismissing the quasi-in-rem complaint and dissolving the temporary injunction due to a lack of jurisdiction, as jurisdiction over the funds was established.
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The court held that the district court's stay order, which effectively denied a preliminary injunction, was immediately appealable and that the stay itself was improper as it did not meet the criteria for any established abstention doctrine. The court also found that the district
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The court held that a trial court abused its discretion by refusing to enforce a noncompete agreement solely because it lacked a geographic limitation.
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The court held that FmHA officials are entitled to qualified immunity because their actions did not violate clearly established constitutional rights, even if they violated a district court injunction.
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The court affirmed the denial of petitions for review of the full power license and most low power issues, but remanded one low power issue for further explanation.