Injunction

5,622 Florida cases classified under this topic, plus 6,125 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Novelty Textile Mills, Inc. v. Joan Fabrics Corp.
  558 F.2d 1090· 2d Cir.· 1977-07-12 ·cited 47×·via Preliminary Injunction
  The court held that color is an element of a copyrighted textile design and that certain of the defendant's fabrics were substantially similar, while others were not.
• The Clarkson Co. v. Shaheen
  544 F.2d 624· 2d Cir.· 1976-11-01 ·cited 47×·via Preliminary Injunction
  The court held that diversity jurisdiction exists and that the district court properly granted a preliminary injunction to a Canadian bankruptcy trustee seeking corporate records in New York.
• Friends OF THE Earth, Inc. v. Coleman
  518 F.2d 323· 9th Cir.· 1975-05-28 ·cited 47×·via Preliminary Injunction
  The court held that state-funded airport expansion projects, even if part of a larger plan with federally funded components, are not subject to NEPA's Environmental Impact Statement (EIS) requirement unless they constitute 'federal action' or are so interwoven with federal projec
• Chelsea Neighborhood Ass'ns v. United States Postal Serv. & E. T. Klassen
  516 F.2d 378· 2d Cir.· 1975-04-30 ·cited 47×·via Preliminary Injunction
  The Postal Service is subject to the National Environmental Policy Act (NEPA) and its Environmental Impact Statement (EIS) for the VMF-housing project was inadequate.
• Di Giorgio v. Causey
  488 F.2d 527· 5th Cir.· 1973-12-13 ·cited 47×·via Preliminary Injunction
  The court held that expunging a final state court judgment via a preliminary injunction is an abuse of discretion, but other aspects of the preliminary injunction were not.
• Abe Stein and Alice N. Stein v. Darby
  134 So. 2d 232· Fla.· 1961-10-11 ·cited 47×·via Mandatory Injunction
  The Florida Supreme Court addressed a jurisdictional dispute regarding whether a District Court of Appeal had authority to review a trial court's ruling that a statute was unconstitutional as applied to specific facts. The court held that the District Court of Appeal properly exe
• Dade Cnty. v. Dade Cnty. League OF Municipalities & Dean Claussen
  104 So. 2d 512· Fla.· 1958-07-23 ·cited 47×
  The Florida Supreme Court upheld a proposed municipal autonomy amendment to the Dade County Home Rule Charter as constitutionally permissible to submit to voters, while expressing concerns about one phrase ('or by special act') that might conflict with constitutional restrictions
• Fla. Ventilated Awning Co., Inc. v. Dickson
  67 So. 2d 218· Fla.· 1953-07-28 ·cited 47×·via Injunctive Order
  Florida Ventilated Awning Company and others appeal a contempt order for violating an injunctive decree that prohibited use of the word 'ventilated' in their business name and advertising. The Florida Supreme Court reversed the contempt finding, holding that the defendants lacked
• Merritt v. Peters
  65 So. 2d 861· Fla.· 1953-06-02 ·cited 47×
  Merritt challenges a county zoning regulation limiting commercial signs to 40 square feet as an unconstitutional exercise of police power. The Florida Supreme Court upholds the regulation, holding that aesthetic considerations constitute a valid basis for zoning restrictions affe
• H. J. Heinz Co. v. Owens
  189 F.2d 505· 9th Cir.· 1951-05-09 ·cited 47×
  Federal courts are prohibited by statute from granting injunctions to stay state court proceedings, and granting declaratory relief that would interfere with state proceedings constitutes an abuse of discretion.
• Miami Bridge Co. v. THE Miami Beach Ry. Co.
  152 Fla. 458· Fla.· 1943-03-05 ·cited 47×·via Mandatory Injunction
  The Miami Bridge Company appeals an order requiring it to allow the Miami Beach Railway Company to operate buses over its toll causeway and bridges upon payment of reasonable compensation. The court addresses whether a utility can be compelled to set rates and permit access to it
• Thompson v. Shell Petroleum Corp.
  130 Fla. 652· Fla.· 1938-01-22 ·cited 47×
  Thompson appeals an injunction prohibiting him from canceling a sublease and employment agreement with Shell Petroleum Corporation. The Florida Supreme Court holds that while the sublease and employment contract must be construed together, the sublease's explicit cancellation ter
• B. L. E. Realty Corp. v. Mary Williams Co., Inc.
  101 Fla. 254· Fla.· 1931-04-20 ·cited 47×·via Temporary Injunction
  The appellate court reversed a lower court's decision to grant a temporary injunction and deny a motion to dissolve it. The court found the underlying creditor's bill lacked equity because the plaintiff had not obtained a judgment at law and the suit did not meet statutory requir
• Burress Cawthon v. The Town of DeFuniak Springs
  88 Fla. 324· Fla.· 1924-11-18 ·cited 47×
  This case involves a property owner's challenge to a town's street paving plan that left a four-foot unpaved space between the sidewalk and the street curb. The court found that the inconvenience caused to the property owner was not an unreasonable exercise of the town's police p
• Potter v. Lainhart
  44 Fla. 647· Fla.· 1902-06-01 ·cited 47×
  A Dade County taxpayer challenged a $150,000 bond issuance for roads, a courthouse, and jail, raising procedural and constitutional objections. The Florida Supreme Court affirmed dismissal of the complaint, holding that the bonds were validly issued under statutory authority and
• Walling v. The Christian & Craft Grocery Co.
  41 Fla. 479· Fla.· 1899-06-01 ·cited 47×·via Temporary Injunction
  Mrs. R. A. Walling sought to rely on an Alabama decree that made her a free dealer to defend against an equity suit in Florida. The Florida Supreme Court held that a married woman's status acquired under another state's law does not follow her to a new domicile and cannot be used
• Oettmeier v. Oettmeier
  960 So. 2d 902· Fla. 2d DCA· 2007-07-20 ·cited 46×·via Domestic Violence Injunction
  William Oettmeier appeals a domestic violence injunction issued against him following his estranged wife's petition. The court reverses, holding that the evidence failed to establish an objectively reasonable fear of imminent domestic violence, and the injunction was an abuse of
• Ishmael Jaffree v. Wallace
  837 F.2d 1461· 11th Cir.· 1988-01-22 ·cited 46×
  The court held that the doctrine of res judicata barred the plaintiffs' action because the issues and parties were sufficiently identical to a prior litigation, and the district court did not err in denying the motion to recuse.
• Equal Emp. Opportunity Comm'n v. Cosmair, Inc.
  821 F.2d 1085· 5th Cir.· 1987-07-16 ·cited 46×·via Scope Of Injunctions
  The court held that stopping severance pay after an employee filed an ADEA charge constituted unlawful retaliation, and that a waiver of the right to file such a charge is void as against public policy.
• Lynch v. City OF Milwaukee
  747 F.2d 423· 7th Cir.· 1984-10-31 ·cited 46×·via Permanent Injunction
  The court held that the district court did not abuse its discretion in awarding attorney's fees, including a negative multiplier, despite the nominal damages awarded.
• Gold v. Johns-Manville Sales Corp.
  723 F.2d 1068· 3d Cir.· 1983-12-07 ·cited 46×
  The court held that it lacked jurisdiction to hear the appeals as of right, and denied petitions for writs of mandamus or prohibition, because the district court's denial of a stay was a discretionary order not subject to immediate appellate review.
• Lloyd v. Loeffler
  694 F.2d 489· 7th Cir.· 1982-11-30 ·cited 46×
  The court held that a tort suit for interference with child custody is not barred by the domestic relations exception to diversity jurisdiction, and Wisconsin law recognizes such a tort.
• Frisch's Rests., Inc. v. Elby's BIG BOY OF Steubenville, Inc.
  670 F.2d 642· 6th Cir.· 1982-02-03 ·cited 46×·via Preliminary Injunction
  The court held that Elby's television advertising created a likelihood of confusion regarding its Ohio restaurants' affiliation with the Big Boy trademark, warranting injunctive relief under the Lanham Act. However, the court found the district court erred in not applying the sam
• United States v. City OF Chicago
  663 F.2d 1354· 7th Cir.· 1981-11-02 ·cited 46×·via Modification Of Injunction
  The court held that the district court should have granted the motion to modify the 1976 decree regarding minority promotion quotas due to changed conditions.
• Caulfield v. The Bd. OF Educ. OF the City OF NEW York
  583 F.2d 605· 2d Cir.· 1978-09-05 ·cited 46×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction against the collection of ethnic data, but erred in sua sponte remanding the case to HEW for further administrative proceedings.
• Am. Home Prods. Corp. v. Johnson & Johnson
  577 F.2d 160· 2d Cir.· 1978-05-01 ·cited 46×
  The court held that advertising claims of superior pain relief for Anacin over Tylenol, even if ambiguously presented in the context of anti-inflammatory properties, can violate the Lanham Act if consumers perceive them as false.
• State v. Artis
  345 So. 2d 1109· Fla. 4th DCA· 1977-05-20 ·cited 46×·via Temporary Injunction
  The Florida Department of Health and Rehabilitative Services appealed a circuit court's grant of a temporary injunction ordering reinstatement of security guards at a state hospital who engaged in a "sick out." The appellate court reversed, holding that the guards had an adequate
• Friends OF THE Earth v. Carey
  535 F.2d 165· 2d Cir.· 1976-04-26 ·cited 46×·via Preliminary Injunction
  The court held that notice to the State was sufficient for a citizen suit against its agency, and that while the court lacked jurisdiction over the transit fare increase itself, it must order enforcement of the Clean Air Act's transportation control plan strategies that are admit
• McKELVEY v. McKELVEY
  323 So. 2d 651· Fla. 3d DCA· 1976-01-09 ·cited 46×·via Temporary Injunction
  In this family law case, Andrew McKelvey appealed a trial court's finding of personal jurisdiction over him as a non-resident defendant in his wife Elaine's action for a declaratory decree regarding her dower interest in property. The court affirmed, holding that McKelvey's attor
• Cnty. OF Alameda v. Caspar W. Weinberger
  520 F.2d 344· 9th Cir.· 1975-06-19 ·cited 46×·via Preliminary Injunction
  A final determination of disallowance under the Social Security Act is subject to judicial review under the Administrative Procedure Act, and the district court did not abuse its discretion in granting a preliminary injunction.
• Dick Jones v. Dist. OF Columbia Redev. Land Agency
  499 F.2d 502· D.C. Cir.· 1974-04-26 ·cited 46×·via Preliminary Injunction
  The court held that while the District Court correctly interpreted the Housing Code and the timing of NEPA statements, it erred in its interpretation of the Uniform Relocation Assistance Act, reversing and remanding on that issue.
• United States v. Diapulse Corp. OF Am.
  457 F.2d 25· 2d Cir.· 1972-03-20 ·cited 46×·via Preliminary Injunction
  The court held that the district court did not err in granting a preliminary injunction against the shipment of the Diapulse device due to misbranding, as the company failed to correct its labeling and the injunction was necessary to protect the public.
• Opelika Nursing Home, Inc. v. Elliott L. Richardson
  448 F.2d 658· 5th Cir.· 1971-09-16 ·cited 46×
  The court held that the trial court erred in dismissing the case for lack of subject matter jurisdiction based solely on the pleadings, without allowing the plaintiffs an opportunity to present evidence to support their jurisdictional claim.
• Nestor v. Hershey
  425 F.2d 504· D.C. Cir.· 1969-12-16 ·cited 46×·via Preliminary Injunction
  The court held that the appellant was entitled to a mandatory I-S deferment under the Military Selective Service Act of 1967, and that pre-induction judicial review was therefore permissible. The lower court's dismissal was reversed.
• Gen. Elec. Co. v. Nat'l Labor Relations Bd.
  412 F.2d 512· 2d Cir.· 1969-06-09 ·cited 46×·via Preliminary Injunction
  An employer may refuse to bargain with a union committee that includes members of other unions during preliminary, voluntary discussions, but cannot refuse to bargain with such a committee during mandatory bargaining periods absent a showing of bad faith or ulterior motive.
• E. W. Bliss Co. v. Struthers-Dunn, Inc.
  408 F.2d 1108· 8th Cir.· 1969-03-28 ·cited 46×·via Preliminary Injunction
  A preliminary injunction must be specific in its terms and describe with reasonable detail the acts to be restrained, and cannot be overly broad or create a de facto non-compete agreement.
• United States v. Sch. Dist. 151 OF Cook Cnty.
  404 F.2d 1125· 7th Cir.· 1968-12-17 ·cited 46×·via Permanent Injunction
  The dissenting judge believes the case was improperly decided on a motion for a preliminary injunction and that the defendants were denied a fair trial due to the rushed proceedings and insufficient time to prepare a defense.
• Navarro v. Gannon
  385 F.2d 512· 2d Cir.· 1967-11-20 ·cited 46×·via Preliminary Injunction
  The Labor-Management Reporting and Disclosure Act (LMRDA) protects the right of local union members to meet and discuss union business without interference from the international union, except through lawful trusteeship procedures.
• Lorton Blair v. Freeman
  370 F.2d 229· D.C. Cir.· 1966-11-18 ·cited 46×
  The court held that the Secretary of Agriculture's "nearby differential" provision in the New York-New Jersey Milk Marketing Order was an invalid departure from the statutory scheme established by Congress.
• Calagaz v. Calhoon
  309 F.2d 248· 5th Cir.· 1962-10-10 ·cited 46×
  The court held that diversity jurisdiction is determined by the citizenship of named representatives in a class action against an unincorporated association, and that certain defendants had sufficient minimum contacts with Alabama to establish personal jurisdiction.
• Carroll v. Am. Fed'n OF Musicians OF the United States & Canada
  295 F.2d 484· 2d Cir.· 1961-10-17 ·cited 46×·via Temporary Injunction
  The court held that the denial of a temporary injunction against the collection of a "tax" and a "traveling surcharge" was an abuse of discretion, as these likely violated Section 302 of the Labor Management Relations Act.
• Adams v. Witmer
  271 F.2d 29· 9th Cir.· 1958-12-10 ·cited 46×
  The court held that the Administrative Procedure Act allows for judicial review of agency orders and authorizes injunctive relief, and that the abatement of an action against one party due to retirement does not necessarily abate the action against another party.
• Hoover Motor Express Co., Inc. v. Teamsters
  217 F.2d 49· 6th Cir.· 1954-11-23 ·cited 46×·via Interlocutory Injunction
  The court held that a stay order pending arbitration was improperly granted because the collective bargaining agreement did not provide for arbitration of the specific dispute, which was a violation of a no-strike clause.
• Tamiami Trail Tours, Inc. v. City OF Tampa
  159 Fla. 287· Fla.· 1947-07-15 ·cited 46×
  The Florida Supreme Court upheld a municipal utility tax imposed by the City of Tampa on bus and truck operators, rejecting their claim that they were exempt under a prior statute governing motor carrier mileage taxes. The Court held that a 1945 legislative act authorizing utilit
• Dollar v. Land
  154 F.2d 307· D.C. Cir.· 1946-03-18 ·cited 46×
  The District Court erred in dismissing the complaint on jurisdictional grounds, specifically sovereign immunity, without reaching the merits of the case.
• United States v. Rosenwasser
  145 F.2d 1015· 9th Cir.· 1944-11-21 ·cited 46×
  The court held that an order suppressing evidence in a criminal case, even if it orders the return of property, is an interlocutory order and not a final decision, thus not appealable by the government.
• Miller v. Bay-to-Gulf, Inc.
  141 Fla. 452· Fla.· 1940-01-26 ·cited 46×
  The Millers challenged a trial court decision denying them title to a narrow strip of beachfront land on Maderia Island, Florida, and enjoining them from maintaining a bulkhead on it. The Florida Supreme Court affirmed, holding that the Millers' deed did not include the disputed
• Fekany v. Fekany
  118 Fla. 698· Fla.· 1935-03-12 ·cited 46×
  Olga Fekany sought divorce from Louis Fekany on grounds of cruel and inhuman treatment, along with custody, alimony, and attorney's fees. The trial court denied the divorce but awarded attorney's fees and confirmed her property rights. The Florida Supreme Court reversed, finding
• Acrylicon USA, LLC v. Silikal GMBH
  985 F.3d 1350· 11th Cir.· 2021-01-26 ·cited 45×·via Preliminary Injunction
  Acrylicon USA sued German flooring-resin manufacturer Silikal for breaching a 2010 settlement agreement by manufacturing and selling 1061 SW resin without permission, asserting claims for misappropriation of trade secrets and breach of contract. The Eleventh Circuit reversed the
• In re Fam. Law Rules of Procedure
  663 So. 2d 1049· Fla.· 1995-11-22 ·cited 45×·via Domestic Violence Injunction
  The Florida Supreme Court adopted new Family Law Rules of Procedure effective January 1, 1996, and subsequently issued this opinion addressing comments received after publication. The Court granted several substantive modifications to the rules, including allowing general and spe