Injunction

5,622 Florida cases classified under this topic, plus 6,142 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Tunica-Biloxi Tribe v. State OF La.
  964 F.2d 1536· 5th Cir.· 1992-06-24 ·cited 2×
  The court held that Louisiana's retail sales tax on the off-reservation purchase of new vehicles by Indian tribes and tribal members is proper and not preempted by federal law.
• Local 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. NEW York Shipping Ass'n, Inc.
  965 F.2d 1224· 2d Cir.· 1992-06-01 ·cited 2×
  The court held that the Norris-LaGuardia Act does not divest the district court of jurisdiction to enjoin arbitration when such arbitration would interfere with the court's ability to adjudicate a RICO consent decree. The court affirmed the district court's decision.
• Schaeffer v. Schaeffer
  606 So. 2d 369· Fla. 3d DCA· 1992-05-26 ·cited 2×·via Modification Of Injunction
  The trial court properly exercised its discretion in dividing marital assets and denying alimony and attorney's fees in a dissolution action after a twenty-year marriage.
• Lightfoot v. March Fong EU
  964 F.2d 865· 9th Cir.· 1992-05-18 ·cited 2×
  California Elections Code sections 6653 and 6661(a) do not violate the First Amendment rights of political parties to freedom of association, as the state's interest in ensuring a modicum of support for ballot access and in maintaining democratic nomination processes outweighs th
• In re Eagle-Picher Indus., Inc. v. Eagle-Picher Indus., Inc.
  963 F.2d 855· 6th Cir.· 1992-05-07 ·cited 2×·via Preliminary Injunction
  The court affirmed the district court's order, holding that the bankruptcy court did not abuse its discretion in granting a preliminary injunction to protect the debtor's reorganization efforts, even without a full evidentiary hearing, and that the recusal issue was not preserved
• Goodheart Clothing Co., Inc. v. Laura Goodman Enters., Inc.
  962 F.2d 268· 2d Cir.· 1992-05-07 ·cited 2×·via Preliminary Injunction
  The dissenting judge believes the district court's judgment, based on a Rule 68 offer and acceptance, should be affirmed, including the award of attorney's fees.
• RDS Mfg., Inc. v. Daws Mfg. Co., Inc.
  598 So. 2d 193· Fla. 1st DCA· 1992-05-05 ·cited 2×·via Permanent Injunction
  RDS Manufacturing appeals a permanent injunction enforcing a noncompetition agreement, arguing the trial court improperly extended the agreement's restrictions to non-signatories. The appellate court affirmed the injunction, interpreting it as limiting non-parties only from aidin
• Parker v. Ryan
  959 F.2d 579· 5th Cir.· 1992-04-30 ·cited 2×·via Preliminary Injunction
  The court held that the district court conducted adequate judicial review of the OTS's temporary cease and desist order without an evidentiary hearing, and therefore affirmed the district court's judgment.
• MAI Basic Four, Inc. v. Basis, Inc.
  962 F.2d 978· 10th Cir.· 1992-04-24 ·cited 2×·via Preliminary Injunction
  The court held that while it had jurisdiction to hear the appeal of the preliminary injunction, the injunction itself was overly broad and not supported by the findings of vexatious conduct.
• McLaughlin Ex Rel. McLaughlin v. Williams
  801 F. Supp. 633· S.D. Fla.· 1992-04-02 ·cited 2×·via Preliminary Injunction
  The court held that the plaintiff demonstrated a likelihood of success on the merits, showing that the state's policy of refusing to fund liver/small bowel transplants was likely unreasonable and the procedure could not be deemed experimental on the current record.
• S & M Constructors, Inc. v. The Foley Co.
  959 F.2d 97· 8th Cir.· 1992-03-16 ·cited 2×·via Preliminary Injunction
  The court held that the Contract Disputes Act does not require a stay of arbitration proceedings, and the subcontractor failed to demonstrate a likelihood of success on the merits.
• Kan. Health Care Ass'n, Inc. v. Kan. Dep't OF Soc. & Rehab. Servs.
  958 F.2d 1018· 10th Cir.· 1992-03-12 ·cited 2×·via Preliminary Injunction
  The court held that the plaintiff associations lack associational standing because resolving their claims regarding the adequacy of Medicaid reimbursement rates and the state agency's findings requires individualized proof from their member providers.
• In re Ivan F. Boesky Securities Litigation. Kidder v. Maxus Energy Corp.
  957 F.2d 65· 2d Cir.· 1992-02-25 ·cited 2×
  The court held that the district court's modified judgment and injunction order improperly restricted the appellants' ability to pursue state law claims, contrary to the prior mandate.
• CSX Transp., Inc. v. United Transp. Union
  950 F.2d 872· 2d Cir.· 1991-12-16 ·cited 2×
  A railroad's sale of some of its tracks is a management prerogative and not a change in "rates of pay, rules, or working conditions" under Section 6 of the Railway Labor Act, thus not requiring pre-sale bargaining.
• State OF N.C. v. City OF Va. Beach
  951 F.2d 596· 4th Cir.· 1991-12-06 ·cited 2×
  The dissenting judge would affirm the district court's decisions to enjoin construction pending FERC's environmental review and to deny the motion to alter or amend the injunction.
• The Omaha Indem. Co. & The Mut. of Omaha Ins. Co. v. Wining
  949 F.2d 235· 8th Cir.· 1991-11-08 ·cited 2×·via Preliminary Injunction
  The court held that interlocutory orders restraining asset transfers and appointing a receiver, issued in the context of civil contempt proceedings, were appealable as modifications of a preliminary injunction and were a proper exercise of the district court's equitable discretio
• Alvarez v. Reno
  587 So. 2d 664· Fla. 3d DCA· 1991-10-22 ·cited 2×
  Court dismissed appeal as moot because appellant sought injunctive relief against potential future disclosure of confidential records when he was not currently a candidate and records faced no imminent danger of disclosure.
• Kemp v. Dick Moore
  946 F.2d 588· 8th Cir.· 1991-10-07 ·cited 2×
  The court affirmed the district court's grant of summary judgment, finding that controlling precedent required dismissal of the inmate's claims.
• Hershey Foods Corp. v. Hershey Creamery Co.
  945 F.2d 1272· 3d Cir.· 1991-10-03 ·cited 2×
  An interlocutory order enjoining a party from prosecuting a related action in another district court is not an immediately appealable injunction under 28 U.S.C. § 1292(a)(1) if it does not grant or protect the substantive relief sought by the claimant.
• Emp'rs Ins. OF Wausau v. Albert D. Seeno Constr. Co.
  945 F.2d 284· 9th Cir.· 1991-09-20 ·cited 2×·via Preliminary Injunction
  California law does not require an insurance carrier to segregate its liability claims handling from its coverage investigation when issuing a reservation of rights.
• Vuitton v. Helene White
  945 F.2d 569· 3d Cir.· 1991-09-18 ·cited 2×
  An order denying an application for an ex parte seizure order under 15 U.S.C. § 1116(d) is immediately appealable as a denial of an injunction under 28 U.S.C. § 1292(a)(1), and the district court's refusal to grant such an order in this case was an abuse of discretion.
• Dowd Ex Rel. Nat'l Labor Relations Bd. v. Int'l Longshoremen's Ass'n
  781 F. Supp. 1565· M.D. Fla.· 1991-09-18 ·cited 2×
  The court granted the National Labor Relations Board's petition for a temporary injunction, finding reasonable cause to believe the International Longshoremen's Association engaged in an unlawful secondary boycott.
• Metro. Dade Cnty. v. Metro-Dade Fire Rescue Serv. Dist.
  589 So. 2d 920· Fla. 3d DCA· 1991-09-17 ·cited 2×
  Metropolitan Dade County appeals a trial court decision invalidating portions of an ordinance that limited the powers of the newly created Metro-Dade Fire Rescue Service District Board. The court reversed, holding that the County Commission, as the legislative body that created t
• N. Brevard Cnty. Hosp. Dist. v. Roberts
  585 So. 2d 1110· Fla. 5th DCA· 1991-09-12 ·cited 2×
  The North Brevard County Hospital District challenged the Brevard County Commission's decision to levy a lower millage rate than the Hospital District had certified as necessary to operate its hospital. The court held that a general statute allowing the Commission to "review and
• Overholt Crop Ins. Serv. Co. v. Travis
  941 F.2d 1361· 8th Cir.· 1991-08-14 ·cited 2×
  The court held that awarding both liquidated and compensatory damages for the same conduct, or for overlapping breaches, is improper and can render the liquidated damages clause a penalty.
• Cellular Sales, Inc. v. MacKay
  942 F.2d 483· 8th Cir.· 1991-08-13 ·cited 2×·via Preliminary Injunction
  The court held that the name 'Cellular Sales' is generic and not entitled to trade name protection, and the plaintiff failed to establish irreparable harm.
• Equal Emp. Opportunity Comm'n v. Recruit U.S.A., Inc.
  939 F.2d 746· 9th Cir.· 1991-07-19 ·cited 2×·via Preliminary Injunction
  The court held that even if the EEOC violated Title VII's confidentiality provisions, the district court did not abuse its discretion in granting the preliminary injunction because the substantial public interest in eradicating discrimination outweighs the 'clean hands' doctrine.
• Lund Indus. v. GO Indus., Inc.
  938 F.2d 1273· Fed. Cir.· 1991-07-03 ·cited 2×·via Preliminary Injunction
  The court held that a district court must compare an accused design to the patent claims, not to a previously infringing design, when determining design patent infringement in a new action.
• Great Am. Audio Corp. v. Metacom, Inc.
  938 F.2d 16· 2d Cir.· 1991-06-28 ·cited 2×·via Permanent Injunction
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion, but dismissed the appeal of the denial of permanent injunctive relief due to lack of a final judgment.
• Nw. Nat'l Ins. Co. OF Milwaukee v. Alberts
  937 F.2d 77· 2d Cir.· 1991-06-28 ·cited 2×·via Preliminary Injunction
  A preliminary injunction enforcing surety rights of exoneration and quia timet was improvidently granted because the surety failed to establish irreparable harm flowing solely from the loss of those rights.
• Elvis Presley Enters., Inc. v. Elvisly Yours, Inc.
  936 F.2d 889· 6th Cir.· 1991-06-27 ·cited 2×·via Permanent Injunction
  The court held that the district court did not abuse its discretion in limiting discovery, nor in granting summary judgment sua sponte on the supplemental counterclaim, but the permanent injunction was overbroad.
• Fed. Express Corp. v. Cal. Pub. Utils. Comm'n
  936 F.2d 1075· 9th Cir.· 1991-06-27 ·cited 2×
  State regulations concerning rates and terms of service for an air carrier's integrated trucking operations are preempted by the Airline Deregulation Act.
• Morscott, Inc. v. City OF Cleveland
  936 F.2d 271· 6th Cir.· 1991-06-21 ·cited 2×·via Preliminary Injunction
  The court held that a marginal entry denying attorney's fees under 42 U.S.C. § 1988 is insufficient without stated reasons, and absent special circumstances, prevailing parties must be awarded fees.
• Niagara Hooker Emps. Union v. Occidental Chem. Corp.
  935 F.2d 1370· 2d Cir.· 1991-06-20 ·cited 2×·via Status Quo Injunction
  The court held that the district court erred in issuing a preliminary injunction against the employer's random drug testing program because it did not sufficiently frustrate the arbitral process.
• Gilder v. PGA Tour, Inc.
  936 F.2d 417· 9th Cir.· 1991-06-12 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the PGA's U-groove ban, finding serious questions on the merits and that the balance of hardships tipped sharply in favor of the plaintiffs.
• Lakedreams v. Taylor
  932 F.2d 1103· 5th Cir.· 1991-06-11 ·cited 2×·via Preliminary Injunction
  The court affirmed the district court's grant of a preliminary injunction, finding that Lakedreams demonstrated a substantial likelihood of success on its copyright infringement claim.
• Exxon Chem. Patents, Inc. v. The Lubrizol Corp.
  935 F.2d 1263· Fed. Cir.· 1991-06-04 ·cited 2×
  The court held that a district court's subject matter jurisdiction for patent infringement is established by a well-pleaded complaint, even if the patent's validity or issuance date is later challenged.
• Jenkins v. State
  931 F.2d 1469· 11th Cir.· 1991-05-24 ·cited 2×
  The court held that res judicata principles barred the defendants from relitigating the issue of whether third-party benefit payments were included in the prior injunction, as this issue had been previously decided by the district court.
• Cuban Museum of Arts & Culture, Inc. v. City of Miami
  766 F. Supp. 1121· S.D. Fla.· 1991-05-21 ·cited 2×·via Preliminary Injunction
  The court held that the City of Miami's decision to deny the Cuban Museum continued possession of its leased premises was substantially motivated by the Museum's exercise of its First Amendment rights in exhibiting controversial art, and thus the City's actions were unconstitutio
• Tekkno Labs., Inc. v. Perales
  933 F.2d 1093· 2d Cir.· 1991-05-20 ·cited 2×·via Preliminary Injunction
  The court held that the Eleventh Amendment bars suits seeking to tap the state treasury for past wrongs or due process claims involving property interests, absent a waiver of immunity.
• The Citizen Band Potawatomi Indian Tribe OF Okla. v. The Okla. TAX Comm'n
  932 F.2d 1355· 10th Cir.· 1991-05-16 ·cited 2×
  The court denied the Oklahoma Tax Commission's motion to reassess costs and remanded the case to the district court for dismissal of the counterclaim and entry of an injunction.
• Fla. E. Coast Ry. Co. v. Martinez
  761 F. Supp. 782· M.D. Fla.· 1991-04-18 ·cited 2×·via Permanent Injunction
  The court held that the Governor, Attorney General, and Department of Transportation were improperly named as defendants because the statute at issue did not grant them any duties or enforcement powers regarding the local ordinances enacted under it.
• Aradia Women's Health Ctr. v. Operation Rescue
  929 F.2d 530· 9th Cir.· 1991-04-05 ·cited 2×
  Individuals acting in concert with a party enjoined by a court order can be held in civil contempt for violating that order, even if not directly named in the original injunction.
• The United Keetoowah Band OF Cherokee Indians v. The State OF Okla.
  927 F.2d 1170· 10th Cir.· 1991-03-14 ·cited 2×
  The court held that the Indian Gaming Regulatory Act (IGRA) preempts the Assimilative Crimes Act (ACA), barring federal courts from enjoining Indian bingo operations by applying state law through the ACA. Therefore, the injunction against the tribe must be lifted.
• Fed. Deposit Ins. Corp. v. State OF NEW York & City of N.Y.
  928 F.2d 56· 2d Cir.· 1991-03-12 ·cited 2×
  The court held that the Tax Injunction Act barred the FDIC from bringing suit in federal court because the federal instrumentality exception did not apply when the FDIC was not directly taxed and its interest was derivative and aimed at protecting commercial banks, not the federa
• Pozsgay v. Sw. Ill. Health Facilities, Inc.
  924 F.2d 677· 7th Cir.· 1991-02-05 ·cited 2×
  A district court cannot dismiss a complaint without prejudice as to certain remedies when the plaintiff has voluntarily withdrawn those remedies from a case that is otherwise ready for final judgment.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  756 F. Supp. 1498· M.D. Fla.· 1991-02-04 ·cited 2×·via Preliminary Injunction
  The Court holds that Scientology has standing to sue and that Clearwater Ordinance 3479-84 is constitutional. The Court grants Scientology's motion for partial summary judgment on standing but denies it on other issues, while denying Clearwater's motion on standing but granting i
• I.R.T. Prop. Co. v. Sheehan
  581 So. 2d 591· Fla. 2d DCA· 1991-01-23 ·cited 2×
  The court held that the access and parking rights granted to the out parcel property had expired and were not established by implied easement or estoppel. Therefore, the injunction preventing interference with these rights was reversed.
• Trans World Airlines, Inc. v. Morales
  949 F.2d 141· 5th Cir.· 1991-01-18 ·cited 2×·via Permanent Injunction
  The court held that the district court did not abuse its discretion in granting summary judgment and a permanent injunction, affirming the prior panel's implicit findings on jurisdiction and applying the law of the case doctrine.
• Pasco Cnty. v. Tampa Farm Serv., Inc.
  573 So. 2d 909· Fla. 2d DCA· 1990-12-14 ·cited 2×
  Pasco County appealed an injunction prohibiting enforcement of its waste disposal ordinances against Tampa Farm Service, which operated a large poultry and hay farm. The court reversed, holding that the Florida Right to Farm Act does not protect farmers who change to more excessi