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 vacated the preliminary injunction because the district court's findings of fact were insufficient to support its conclusions on patent infringement and Lanham Act violations, preventing meaningful appellate review.
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The court held that the "not frivolously brought" standard for temporary reinstatement under the Mine Safety Act, coupled with procedural safeguards, meets due process requirements, and that agencies are not required to defer to arbitrator awards concerning statutory rights.
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The court held that the denial of a preliminary injunction was appealable and that the district court erred in its materiality determination, remanding for further proceedings on permanent relief.
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919 F.2d 153·
D.C. Cir.·
1990-11-13
·cited 4×
The court should sua sponte address the jurisdictional question and vacate the Supplemental Order as unsupported by subject-matter jurisdiction, but concurs in granting a stay.
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The court held that the district court erred in failing to properly consider the presumptions of secondary meaning and likelihood of confusion arising from the defendant's admitted copying of the plaintiff's trade dress.
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The court held that the district court erred in granting equitable relief because the plaintiff failed to establish a basis for such relief after a jury verdict determined his constitutional rights were not violated.
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568 So. 2d 490·
Fla. 1st DCA·
1990-10-11
·cited 4×
Blanding Automotive Center, Inc. appealed a permanent injunction prohibiting it from using the name "Blanding Automotive" or similar variations. The court affirmed the injunction, holding that the prior user, Blanding Automotive, Inc., was entitled to protection under Florida's d
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568 So. 2d 84·
Fla. 4th DCA·
1990-10-10
·cited 4×
The court held that the trial court erred in not transferring the cause to Dade County, as the alleged conversion forming the basis of the suit occurred there.
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The court held that the district court did not err in granting a preliminary injunction against the Village's fingerprinting requirement for solicitors, finding it likely violated First Amendment free speech rights.
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Interval owners of a condominium unit who paid their share of property taxes sought a temporary injunction to prevent a tax deed sale after the managing entity failed to pay the majority's delinquent taxes and the tax collector refused to allocate collected funds to protect owner
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Kenneth Hemmerle appeals an order enforcing a contempt citation and $60,000 fine imposed for his refusal to comply with a mandatory injunction to remove construction equipment and toxic waste from foreclosed property. The court affirmed the contempt order, rejecting Hemmerle's du
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566 So. 2d 912·
Fla. 2d DCA·
1990-09-12
·cited 4×
The court held that the trial court erred by considering an ex parte survey and by improperly establishing boundary lines based on plat monuments instead of government section lines.
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A labor union's trusteeship imposed on a local lodge is invalid if the local lodge has fewer than ten members at the time of imposition, as it is automatically disbanded and no longer a subordinate body.
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The court held that the district court erred by presuming irreparable harm and failing to apply the traditional equitable standard when issuing a permanent injunction under the Clean Water Act.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction because the patent holder failed to sufficiently demonstrate the necessary equitable factors.
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The court held that the defendant's actions in assembling patented wheelchair cushions into a mattress and relabeling it did not constitute reverse palming off under the Lanham Act because a new product was created.
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A preliminary injunction that merely preserves the status quo pending a hearing does not constitute prevailing party status sufficient to justify an award of attorney's fees.
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903 F.2d 1568·
Fed. Cir.·
1990-05-17
·cited 4×
The court affirmed the district court's finding of contempt for marketing infringing machines in the U.S. and upheld the imposition of additional injunctive relief and a substantial fine, while reversing certain aspects of the injunctive relief concerning Rieter companies.
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563 So. 2d 1080·
Fla. 1st DCA·
1990-04-12
·cited 4×
A university student must exhaust administrative remedies before seeking injunctive relief against academic dishonesty charges, even if she fears future consequences from the Bar Examiners.
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The Hernstadts appealed a final judgment on remand from an earlier appeal, challenging whether the trial court properly implemented the appellate mandate. The court affirmed, holding that the trial court correctly interpreted the mandate to enter judgment for the Association on i
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An injunction freezing a party's assets was improperly entered because it lacked notice to the party and the court failed to make required findings of fact and conclusions of law, and because personal jurisdiction had not been sufficiently established.
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897 F.2d 508·
Fed. Cir.·
1990-02-22
·cited 4×
The court held that a finding of willful infringement requires more than awareness of a patent upon filing suit, especially when the defendant had no knowledge before suit and presented a non-frivolous defense. Consequently, the award of attorney fees based on willfulness was rev
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894 F.2d 571·
2d Cir.·
1990-01-24
·cited 4×
The court held that New York's state regulation of interstate natural gas pipeline construction is preempted by federal law, specifically the Natural Gas Act and related FERC regulations.
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892 F.2d 1004·
Fed. Cir.·
1989-12-20
·cited 4×
The court held that the lower court erred in enjoining the collection of estimated dumping duties and ordering their return, as these actions were premature before a final court decision.
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The court held that the distance ordinances, including the waiver provision, were facially valid time, place, and manner regulations and that the plaintiff's claims were barred by res judicata or failed on the merits.
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Concept, Inc. appeals a temporary injunction blocking it from manufacturing a thermal therapy machine similar to Thermotemp's. The court affirms the injunction, holding that Concept breached a written confidential disclosure agreement by using Thermotemp's non-public product impr
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The court held that a preliminary injunction enforcing noncompetition agreements cannot extend beyond the expiration date of those agreements.
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889 F.2d 1513·
6th Cir.·
1989-11-21
·cited 4×
The court held that the district court improperly entered summary judgment and the matter must be remanded for further proceedings.
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The court held that the district court abused its discretion by failing to adequately consider the amount of security required for a preliminary injunction and erred by issuing a preliminary injunction that effectively granted all relief sought without proper notice or considerat
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The court held that the library, by allowing diverse community groups to use its auditorium, created a public forum, and therefore could not exclude CWA based on the religious content of its meetings.
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The court held that the parent corporation was improperly sued, but remanded to allow the plaintiff to amend the complaint to add the correct defendant, St. Ansgar's Hospital.
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881 F.2d 145·
5th Cir.·
1989-08-11
·cited 4×
Mandamus should issue to transfer the portion of the Alberti third-party complaint seeking to enjoin state officials to receive prisoners into TDC confinement to the judge presiding over the Ruiz case, to avoid conflicting decrees affecting the Texas prison system.
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880 F.2d 11·
8th Cir.·
1989-06-28
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The Constitution does not require gubernatorial consent for federal deployment of the National Guard for active duty training, and the Montgomery Amendment is a constitutional exercise of congressional power.
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550 So. 2d 8·
Fla. 2d DCA·
1989-06-23
·cited 4×
Appellants Williamson and Superior Swim Systems challenged trial court orders that retroactively reinstated an injunction preventing Williamson from using a customer list obtained during her employment at Geneva, Inc. The court held that nunc pro tunc orders were improper because
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The court affirmed the district court's order imposing a contempt sanction and the order closing the old jail facility, finding both were appropriate remedies for unconstitutional conditions of confinement.
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The court held that the district court was not required to abstain from exercising its jurisdiction and properly issued a preliminary injunction against the state's interference with tribal bingo operations.
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882 F.2d 344·
9th Cir.·
1989-04-21
·cited 4×
The court held that while the asset freeze and appointment of a special master were proper, the specific hourly rate limitations for attorney fees were arbitrary and required reconsideration.
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The court held that sympathy strikes by railroad employees, in response to a strike by another union against a different employer, are subject to the Railway Labor Act's dispute resolution procedures and can be enjoined pending arbitration.
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The appellate court affirmed the district court's dismissal of the action, upholding the denial of the appellant utilities' request to participate in the administrative proceedings. The court found that the request was untimely and that the Office of Hearings and Appeals (OHA) ac
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The court held that the former election officials lacked standing to appeal the settlement because they failed to demonstrate plain legal prejudice from their dismissal and the district court had jurisdiction to approve the settlement.
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The court held that while the Corps' failure to adequately consider environmental risks in its EIS warranted an injunction against operation of pumped storage facilities, enjoining their installation was overly broad as installation itself caused no environmental harm.
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The court held that a claim for wrongful issuance of a temporary injunction is not resolved by arbitration of the underlying cause of action if the injunction damages were not submitted to arbitration.
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A federal court in a diversity case must apply state law, including anti-injunction statutes, if that law is outcome-determinative, even if federal equitable powers might otherwise permit an injunction.
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The court held that the order directing repossession of the telephone system was a reviewable preliminary injunction, but the order directing payment of funds was not appealable. The denial of the motion to dismiss for lack of personal jurisdiction over the corporate defendant wa
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The court held that a preliminary injunction is permissible to maintain the status quo pending arbitration when the contract itself contemplates such relief.
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The continued enforcement of the district court's injunction violates this court's previous mandate and must be terminated.
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The court held that the Illinois Anti-Dilution Act is not preempted by federal trademark law and that the defendant's use of a similar slogan diluted the plaintiff's famous mark, justifying a preliminary injunction.
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The court's reference to per capita allocation of costs should not be overread but considered in context.
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The court held that the trial court erred in entering an overbroad mandatory injunction without an evidentiary hearing on disputed issues regarding the number of units permissible per building under the restrictive covenant.