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
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920 F.2d 213·
3d Cir.·
1990-12-10
·cited 2×
The court held that the defendant waived his due process right to be present at the civil contempt hearing by failing to avail himself of available alternatives to attend, despite his incarceration.
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The Eleventh Amendment bars a preliminary injunction ordering state officials to pay supplemental compensation to plaintiffs, as such relief is not ancillary to prospective relief.
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The court held that the appeal must be dismissed for want of an appealable order because the plaintiff failed to demonstrate irreparable injury or that the order could only be effectively challenged by immediate appeal.
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The appeal is dismissed as moot because subsequent final judgment by the Court of International Trade rendered the issue of a preliminary injunction moot. Developments in the case made the appeal moot.
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916 F.2d 1571·
Fed. Cir.·
1990-10-18
·cited 2×
The Court of International Trade has the authority to enjoin the liquidation of entries at a rate specified in an antidumping order, even if the party seeking the injunction did not request an annual review, provided the underlying antidumping order itself is being challenged.
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The court held that the district court properly exercised ancillary jurisdiction over the defendant's state law counterclaims because they were compulsory counterclaims arising from the same transaction as the plaintiff's federal securities law claims.
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Johnson challenged the denial of his motion to suppress a handgun seized from his van without a warrant during a lawful police encounter. The Florida appellate court affirmed the denial, holding that the officer had founded suspicion and probable cause to justify the seizure base
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Airlines Reporting Corporation sought to terminate its agency agreement with Incentive Internationale Travel, Inc. and recover airline tickets and identification plates after a dispute over unpaid sales proceeds. The court held that a principal may terminate an agency relationshi
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567 So. 2d 501·
Fla. 4th DCA·
1990-09-19
·cited 2×
A Florida appellate court upheld a trial court's decision that a police officer employed by the City of Sunrise was statutorily and constitutionally unqualified to run for Town Commissioner in a different municipality without taking a leave of absence from his police position. Th
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A medical employer sought and obtained a temporary injunction against his former employee to enforce a noncompetition agreement restricting the employee from practicing medicine within seven miles of the employer's office for 24 months. The appellate court affirmed the injunction
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The court held that intervening events rendered the appeal moot, thus it lacked jurisdiction to review the preliminary injunction.
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907 F.2d 1544·
5th Cir.·
1990-08-09
·cited 2×
The court held that the Tax Injunction Act barred federal jurisdiction over claims challenging state tax collection, and sovereign immunity barred claims against the United States for alleged violations of Federal Rule of Criminal Procedure 6(e).
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909 F.2d 248·
7th Cir.·
1990-08-02
·cited 2×
An order confirming an arbitration award that mandates employee reinstatement is an appealable injunction, even if other relief remains pending before the arbitrator. The district court retains jurisdiction to consider contempt proceedings while the appeal is pending.
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The court affirmed the ITC's denial of temporary relief, finding that the presumption of irreparable harm was rebutted by evidence and that the balance of harms and public interest factors supported denial.
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A union can only be subject to injunctive relief for a wildcat strike under section 301 of the LMRA if the picketing is attributable to the union through common-law agency principles, requiring proof of instigation, participation, or encouragement.
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The court held that the union failed to demonstrate irreparable harm sufficient to warrant a preliminary injunction against the employer's drug testing program pending arbitration, as traditional arbitral remedies could address potential harm.
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The court held that the plaintiff failed to demonstrate a reasonable opportunity for success at trial regarding the 'bona fide' offer, and thus, the motion for a preliminary injunction was denied.
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The court held that an appeal from a preliminary injunction is moot once the injunction's term has expired, unless specific exceptions apply.
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570 So. 2d 1315·
Fla. 2d DCA·
1990-05-02
·cited 2×
The Second District Court of Appeal affirmed a trial court's grant of temporary injunctive relief and appointment of a receiver over Heather Smith's assets under Florida's Securities and Investor Protection Act, finding sufficient evidence that she committed acts in furtherance o
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The court held that the dispute over American Airlines' drug and alcohol testing procedures constituted a minor dispute under the Railway Labor Act, which is subject to compulsory arbitration and not federal court jurisdiction. Therefore, the preliminary injunction was vacated.
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The court affirmed the district court's rulings, holding that Vanguard was not entitled to file a bankruptcy petition and that summary judgment for the SBA was proper due to Vanguard's admitted violations of regulations.
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The court held that the district court erred in applying the parol evidence rule to exclude contemporaneous memoranda that clarified the BCOA's obligation to increase contribution rates. The court found the BCOA's interpretation of the agreement as granting unbridled discretion u
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The court held that the SEC's service of process abroad was valid under the Federal Rules of Civil Procedure, and the district court had the power to issue and enforce its injunction and contempt order.
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The dissenting judge believes the controversy does not constitute a 'labor dispute' under the Norris-LaGuardia Act, and therefore an injunction was improperly issued.
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The court held that intermittent work stoppages by union employees are permissible self-help measures under the Railway Labor Act after major dispute procedures have been exhausted, and that the RLA does not impose a time limit on such rights.
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The Tax Injunction Act bars federal court jurisdiction over challenges to state taxes when a plain, speedy, and efficient remedy exists in state courts, and New York provides such a remedy for the challenged tax.
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The dissenting opinion argues that a defendant's guilty plea to first-degree murder was valid, even though the defendant was not informed of the mandatory twenty-five-year parole restriction, because the defendant was aware of the direct consequences of the plea.
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The court held that the Interstate Commerce Commission's exemption under 49 U.S.C. § 11343(e) and the exclusive authority granted by 49 U.S.C. § 11341(a) preempted the Illinois Commerce Commission's attempt to regulate Leaseway's acquisition of a subsidiary.
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The court held that the district court erred in applying the law of the case doctrine to a summary judgment motion after denying a preliminary injunction, and that the sale of the 1935 Auburn was void under Michigan law because the seller failed to endorse and deliver the certifi
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The court held that the district court had jurisdiction to entertain Ortho's motion to modify the preliminary injunction and that the appeal was timely, but that the district court applied an incorrect legal standard in denying the motion.
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The court held that the plaintiffs failed to establish state action under 42 U.S.C. § 1983 because the litigation had not resulted in an immediately enforceable state court judgment, and private parties invoking state procedures are not state actors without more.
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549 So. 2d 1174·
Fla. 2d DCA·
1989-10-11
·cited 2×
The court held that operating an adult congregate living facility (ACLF) that provides room, board, transportation, and entertainment for a fee constitutes a commercial use, violating a deed restriction limiting property use to single-family residences.
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886 F.2d 1233·
9th Cir.·
1989-10-06
·cited 2×
A debtor in possession exercising rights under 11 U.S.C. § 544(a) cannot use those powers to avoid its own pre-bankruptcy debts by obtaining an assignment of a debt it paid. The bankruptcy court's order approving a settlement did not collaterally estop a party from later seeking
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Federal courts must abstain from interfering with pending state criminal proceedings unless there's a clear showing that the state proceeding won't adequately protect constitutional rights.
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885 F.2d 9·
2d Cir.·
1989-09-15
·cited 2×
The court affirmed the district court's order enforcing an injunction requiring the appellant to obtain prior approval before filing any new lawsuits.
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The Court of International Trade did not err in issuing a preliminary injunction requiring Commerce to obtain court authorization before altering final antidumping duty results under judicial review.
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The Leesburg Humane Society appealed a temporary injunction that halted all improvements to its property while setback zoning variances were litigated. The court affirmed the injunction's entry as meeting legal criteria but found it overbroad, requiring modification to permit law
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880 F.2d 491·
D.C. Cir.·
1989-07-21
·cited 2×
The court should grant the injunction sought by ALPA to prevent multifarious litigation and arbitration proceedings concerning the same airline merger seniority dispute.
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The court held that the Unitization Agreement abrogated the landowners' right under the original leases to require the oil company to bury its pipelines below plow depth.
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The court held that the district court reasonably concluded the covenant not to compete was unenforceable under Nebraska law, but erred in dismissing the entire complaint without addressing remaining claims.
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571 So. 2d 1334·
Fla. 4th DCA·
1989-06-21
·cited 2×
Radiologists appealed a trial court's denial of a temporary injunction seeking to prevent a hospital from restricting their services after the hospital conducted a competitive bidding process for radiologist services and awarded the contract to another group. The appellate court
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The district court lacked jurisdiction to hear the complaint and lacked authority to grant injunctive relief because the challenge to the regulation was untimely and the Magnuson Act prohibits injunctions pending review.
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876 F.2d 606·
8th Cir.·
1989-05-25
·cited 2×
The court held that the district court's findings regarding the Ordinary High Water Line (OHWL) and wetland status were not clearly erroneous, and that Southern Investment violated the Rivers and Harbors Act, Refuse Act, and Clean Water Act. The court affirmed most of the distric
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The court held that the trial court did not abuse its discretion in denying a temporary injunction because the appellant failed to demonstrate irreparable harm, lack of an adequate remedy at law, or a clear legal right to relief, particularly given the significant delay in challe
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541 So. 2d 175·
Fla. 4th DCA·
1989-04-12
·cited 2×
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710 F. Supp. 1342·
S.D. Fla.·
1989-04-11
·cited 2×
Eastern Air Lines sought to enjoin the Air Line Pilots Association from engaging in a sympathy strike in support of the International Association of Machinists' lawful strike, arguing the sympathy strike was a pretext for ALPA's own primary strike in violation of the Railway Labo
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The court held that while the district court had jurisdiction to review the denial of the motion to dissolve the injunction and vacate the receivership, the injunction and receivership were overbroad as they extended to assets not connected to the alleged illegal activity.
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541 So. 2d 1263·
Fla. 4th DCA·
1989-03-15
·cited 2×
When an encroachment on an easement is willful and intentional, the doctrine of balancing conveniences is inappropriate and the encroaching party may not use mere inconvenience as a defense to removal of the encroachment.
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A contempt order imposing a definite, unconditional prison term without a purge mechanism is criminal in nature, requiring adherence to criminal procedural safeguards.