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

• Scott v. Lacy
  811 F.2d 1153· 7th Cir.· 1987-02-17 ·cited 42×
  A pending request for an injunction does not defeat jurisdiction of interlocutory appeals based on claims of immunity.
• Duran v. Elrod
  760 F.2d 756· 7th Cir.· 1985-04-12 ·cited 42×
  The dissenting judge believes the appellants failed to demonstrate an abuse of discretion by the district court.
• ORR v. Trask
  464 So. 2d 131· Fla.· 1985-02-21 ·cited 42×
  The Florida Supreme Court held that while the legislature may abolish statutory offices, it cannot do so through an appropriations act that effectively nullifies substantive law protecting deputy commissioners' tenure. The court affirmed Trask's right to complete his term but rev
• Wali v. Coughlin
  754 F.2d 1015· 2d Cir.· 1985-02-05 ·cited 42×·via Mandatory Injunction
  The court held that the Commissioner's refusal to allow inmates to receive a critical report on prison conditions, without applying established censorship guidelines or demonstrating a clear and present danger, violated their rights.
• Christian Schmidt Brewing Co. & Stroh Brewery Co., Inc. v. G. Heileman Brewing Co., Inc.
  753 F.2d 1354· 6th Cir.· 1985-01-17 ·cited 42×·via Preliminary Injunction
  The court affirmed the district court's grant of a preliminary injunction, finding that the plaintiffs had standing and that the district court did not abuse its discretion in determining the relevant geographic market.
• Williams v. Vukovich
  720 F.2d 909· 6th Cir.· 1983-11-04 ·cited 42×·via Preliminary Injunction
  A consent decree is illegal and contrary to public interest if it embodies impermissible waivers of future discrimination claims.
• The Money Store v. Harriscorp Fin., Inc.
  689 F.2d 666· 7th Cir.· 1982-09-20 ·cited 42×·via Permanent Injunction
  The court held that the plaintiff did not commit fraud in its trademark application and that the mark is suggestive, reversing the lower court's cancellation and injunction. However, the court affirmed the lower court's finding that the assignment of the mark from United Bank to
• In re Arthur Treacher's Franchisee Litig. Arthur Treacher's Fish & Chips, Inc. v. A & B Mgmt. Corp. v. MRS. Paul's Kitchens
  689 F.2d 1137· 3d Cir.· 1982-06-18 ·cited 42×·via Preliminary Injunction
  The court held that a district court may not award disputed monetary damages via a preliminary injunction when the movant has not requested such relief and has not demonstrated irreparable harm or a likelihood of success on the merits.
• Commonwealth Life Ins. Co. v. Neal
  669 F.2d 300· 5th Cir.· 1982-03-05 ·cited 42×·via Preliminary Injunction
  A non-solicitation agreement is considered a contract not to engage in a competing business and is therefore unenforceable under Louisiana law unless the employer demonstrates substantial expenditures for employee training or advertising.
• Nelson v. Collins
  659 F.2d 420· 4th Cir.· 1981-09-14 ·cited 42×
  The court held that double-celling is not per se unconstitutional, but a factor in the totality of circumstances, and that the district court erred in prohibiting it at a new facility without sufficient evidence.
• Kling v. Cnty. OF LOS Angeles
  633 F.2d 876· 9th Cir.· 1980-12-08 ·cited 42×·via Preliminary Injunction
  The court held that a private right of action exists under Section 504 of the Rehabilitation Act and that exhaustion of administrative remedies is not required for claims under this section.
• John B. Hull, Inc. v. Waterbury Petroleum Prods., Inc.
  588 F.2d 24· 2d Cir.· 1978-11-30 ·cited 42×·via Preliminary Injunction
  The court held that while a preliminary injunction was warranted, the scope of the injunction issued by the district court was too broad and required modification to address only the specific conduct complained of and allow for statutory defenses.
• Leslie Salt Co. v. Froehlke
  578 F.2d 742· 9th Cir.· 1978-05-11 ·cited 42×
  The court held that under the Rivers and Harbors Act, federal jurisdiction over tidal waters extends to the mean high water (MHW) line in its natural, unobstructed state, not the mean higher high water (MHHW) line. However, under the Federal Water Pollution Control Act (FWPCA), j
• Weber v. Smathers
  338 So. 2d 819· Fla.· 1976-10-11 ·cited 42×
  Charles Weber sought to enjoin Florida's Secretary of State from placing the proposed "Sunshine Amendment" (an ethics-in-government constitutional amendment) on the ballot, arguing it violated single-subject and revision clauses of the Florida Constitution. The Florida Supreme Co
• Ill. Migrant Council v. Alva L. Pilliod
  540 F.2d 1062· 7th Cir.· 1976-08-17 ·cited 42×·via Preliminary Injunction
  The dissenting judge argues that the injunction should not have been granted due to issues with standing and the principles of equitable restraint, even if the underlying Fourth Amendment violations occurred.
• CES Publ'g Corp. v. ST. Regis Publ'ns, Inc.
  531 F.2d 11· 2d Cir.· 1975-12-31 ·cited 42×·via Preliminary Injunction
  The court held that the term 'Consumer Electronics' is generic and cannot be a trademark, even if it acquired secondary meaning, and thus affirmed the denial of a preliminary injunction.
• Eisenberg v. The Hartz Mountain Corp.
  519 F.2d 138· 3d Cir.· 1975-06-13 ·cited 42×·via Temporary Injunction
  A temporary injunction under Section 10(j) of the NLRA should not be granted if it deprives employees of the benefits of an existing labor contract and collective bargaining, especially when the alleged unfair labor practice is minor and the administrative proceedings are signifi
• Case v. Morrisette
  475 F.2d 1300· D.C. Cir.· 1973-02-27 ·cited 42×
  An inscription on a revised subdivision plat, incorporated by reference into a deed and declaration of covenants, can create an enforceable equitable servitude for parking, even if not explicitly mentioned in the declaration or previously used.
• Milsen Co. v. The Southland Corp.
  454 F.2d 363· 7th Cir.· 1971-12-13 ·cited 42×·via Preliminary Injunction
  The court held that the denial of a preliminary injunction was an abuse of discretion because the district court erred in finding no connection between the alleged antitrust violations and the franchisor's attempt to collect franchise fees and terminate agreements.
• Emery AIR Freight Corp. v. Local Union 295
  449 F.2d 586· 2d Cir.· 1971-09-24 ·cited 42×·via Preliminary Injunction
  The court held that the preliminary injunction was improperly granted because the underlying dispute was not arbitrable, and the contempt order and fine were imposed without a proper hearing, requiring reconsideration.
• United States v. Williams
  441 F.2d 637· 5th Cir.· 1971-04-05 ·cited 42×
  The court held that while the defendants were entitled to a jury trial on the legal issues of trespass and title, the evidence was insufficient to create a jury question, thus a directed verdict for the government was proper as to Williams. However, the court reversed and remande
• Sec. & Exch. Comm'n v. N. Am. Research & Dev. Corp.
  424 F.2d 63· 2d Cir.· 1970-03-25 ·cited 42×·via Preliminary Injunction
  The court held that the preliminary injunction against North American, White, and Bowman was properly granted, but the refusal to enjoin Dillman, Blumberg, Orenzoff, and Lars Hagglof & Co. was vacated and remanded.
• Interphoto Corp. v. Minolta Corp.
  417 F.2d 621· 2d Cir.· 1969-10-16 ·cited 42×·via Temporary Injunction
  The court held that the manufacturer's challenges to the district court's findings of fact and conclusions regarding irreparable injury were without merit, and affirmed the district court's orders.
• King-Seeley Thermos Co. v. Aladdin Indus.
  418 F.2d 31· 2d Cir.· 1969-07-31 ·cited 42×
  The dissent argues that the lower court's decision to deny modification of an injunction should be affirmed, as the moving party failed to show sufficient hardship or changed circumstances.
• Indus. Bank OF Wash. v. Tobriner
  405 F.2d 1321· D.C. Cir.· 1968-02-15 ·cited 42×·via Preliminary Injunction
  The court dismissed the appeal from the denial of a preliminary injunction, finding no need for interlocutory relief, and remanded the case for further proceedings.
• Nelson v. Miller
  373 F.2d 474· 3d Cir.· 1967-02-13 ·cited 42×·via Preliminary Injunction
  The court held that the district court did not err in denying a preliminary injunction, as the availability of post-discharge administrative review and the 'Honorable' discharge status mitigated potential irreparable harm.
• Green v. Roth
  192 So. 2d 537· Fla. 2d DCA· 1966-12-09 ·cited 42×
  In this interlocutory appeal, the court addresses whether individual defendants who filed motions attacking collateral issues (lis pendens and bond amount) without first challenging jurisdiction have submitted themselves to the court's jurisdiction and must answer the complaint.
• United States v. Duke
  332 F.2d 759· 5th Cir.· 1964-05-22 ·cited 42×
  The court held that the trial court erred in finding no pattern or practice of racial discrimination in voter registration, as the evidence showed a clear pattern of discriminatory conduct that denied Negro citizens their voting rights.
• Indus. Elecs. Corp. v. Cline
  330 F.2d 480· 3d Cir.· 1964-04-21 ·cited 42×·via Preliminary Injunction
  The court held that the trial court did not err in denying a preliminary injunction because the plaintiff failed to sustain its burden of proof regarding the amount in controversy and irreparable injury.
• Goss v. State OF Ill.
  312 F.2d 257· 7th Cir.· 1963-01-24 ·cited 42×
  The Civil Rights Act does not grant federal district courts jurisdiction to collaterally attack a state criminal contempt conviction affirmed by the highest state court.
• R. A. Holman & Co., Inc. v. Sec. & Exch. Comm'n
  299 F.2d 127· D.C. Cir.· 1962-01-18 ·cited 42×·via Request For Injunction
  The court held that the SEC's Rule 252(e)(2) is valid and does not unconstitutionally deprive appellant of its business without notice or hearing, as public protection outweighs the appellant's interest in continuing small offerings without full registration during suspension pro
• OVE Gustavsson Contracting Co., Inc. v. Floete
  278 F.2d 912· 2d Cir.· 1960-05-25 ·cited 42×·via Action For Injunction
  The Court of Appeals affirmed the dismissal, holding that the suit was against the United States and thus subject to the Tucker Act's jurisdictional requirements, which the district court lacked.
• City of Montgomery v. Gilmore
  277 F.2d 364· 5th Cir.· 1960-04-15 ·cited 42×
  The court held that while the city's policy of racial segregation in public parks was unconstitutional, the district court's injunction should be modified to allow for future adjustments based on equitable principles and the city's discretion in managing its parks.
• Schauer v. City OF Miami Beach
  112 So. 2d 838· Fla.· 1959-05-08 ·cited 42×
  The Florida Supreme Court held that courts may not inquire into the motives of municipal legislators in enacting ordinances, even when a councilman stands to gain financially from the legislation. The court discharged the petition for certiorari, finding no actual conflict with p
• Adams v. Ellis
  197 F.2d 483· 5th Cir.· 1952-06-05 ·cited 42×
  The court held that prison authorities have the right to censor prisoners' mail and that the statutes cited by the appellant do not apply to the circumstances presented.
• Lane Bryant, Inc. v. Maternity Lane
  173 F.2d 559· 9th Cir.· 1949-03-11 ·cited 42×·via Preliminary Injunction
  The court held that the complaint stated a valid cause of action and that the trial court erred in dismissing it based on affidavits without affording the plaintiff an opportunity for a full trial.
• Schuckman v. Rubenstein
  164 F.2d 952· 6th Cir.· 1947-12-12 ·cited 42×
  The court held that the dismissal of the complaint was proper due to lack of diversity jurisdiction and the failure to join indispensable parties, specifically a majority of the board of directors.
• George W. Luft Co., Inc. v. Zande Cosm. Co., Inc.
  142 F.2d 536· 2d Cir.· 1944-05-09 ·cited 42×·via Injunction Scope
  The court held that while the domestic injunction and accounting were proper, the scope of the injunction and accounting for foreign business was too broad and needed modification based on established rights in foreign countries.
• The State of Fla. ex rel. The Dowling Co. v. Parks
  99 Fla. 1264· Fla.· 1930-06-06 ·cited 42×
  This case involves a mandamus action where a lower court judge refused to enter a decree in accordance with a Supreme Court mandate, claiming inability to determine the specific errors. The Supreme Court held that the judge's duty was ministerial and that the mandate clearly indi
• Peacock v. Feaster
  52 Fla. 565· Fla.· 1906-06-01 ·cited 42×
  This case clarifies when a court of equity can intervene to set aside a judgment from a court of law. The appellate court affirmed the lower court's decision, holding that equity will not relieve a party from a judgment if they had a full opportunity to present their defense at l
• Peck v. Champlin H. Spencer
  26 Fla. 23· Fla.· 1890-01-01 ·cited 42×
  Spencer, a taxpayer and mayoral candidate in Daytona, sought an injunction to prevent the town from using municipal funds to defend election-related litigation. The Florida Supreme Court affirmed the injunction, holding that municipal corporations lack authority to appropriate ta
• McGill v. McGill
  19 Fla. 341· Fla.· 1882-06-01 ·cited 42×
  McGill v. McGill is a Florida divorce case from 1882 involving dual appeals—first from a final divorce decree, and second from an order regarding cotton rent. The court affirmed the divorce and custody award but reversed portions of the decree regarding the husband's surrender of
• Allen v. Hawley
  6 Fla. 142· Fla.· 1855-01-01 ·cited 42×
  This case establishes that multiple owners of a merchant vessel hold their interests as partners in a copartnership rather than as tenants in common when the vessel is purchased with partnership funds and is subservient to a partnership business venture. The Florida Supreme Court
• Haifa Y. Alkhoury v. Basem J. Alkhoury
  54 So. 3d 641· Fla. 1st DCA· 2011-03-02 ·cited 41×·via Domestic Violence Injunction
  A Florida appellate court reversed the trial court's dissolution of a permanent domestic violence injunction, holding that the former husband seeking to dissolve the injunction failed to demonstrate changed circumstances that would render continuation unnecessary.
• Baratta v. Valley OAK Homeowners' Ass'n AT THE Vineyards, Inc.
  891 So. 2d 1063· Fla. 2d DCA· 2004-11-19 ·cited 41×
  A homeowners' association is entitled to attorney's fees as the prevailing party when a homeowner's lawsuit is dismissed for failure to prosecute, but the amount awarded must be supported by specific findings.
• The Reform Party OF Fla. v. Black
  885 So. 2d 303· Fla.· 2004-09-17 ·cited 41×
  The Florida Supreme Court reversed a trial court's decision that removed Ralph Nader and Peter Camejo from the 2004 presidential ballot, holding that the statutory terms defining a "national party" and "national convention" were insufficiently clear to put the Reform Party of Flo
• Dixon v. The City OF Jacksonville
  774 So. 2d 763· Fla. 1st DCA· 2000-11-28 ·cited 41×
  Homeowners appealed the denial of an injunction against a city's rezoning ordinance that would permit a hotel development in their residential area. The court reversed, holding that under strict scrutiny review, a hotel use is inconsistent with the city's comprehensive plan desig
• Mallory v. Harkness
  923 F. Supp. 1546· S.D. Fla.· 1996-03-12 ·cited 41×·via Permanent Injunction
  The court held that the Attorney General and the Florida Bar are liable for attorney's fees under 42 U.S.C. § 1988, with specific apportionment, and that the plaintiff is entitled to reasonable costs.
• Naegele Outdoor Adv. Co. v. Jacksonville
  659 So. 2d 1046· Fla.· 1995-08-24 ·cited 41×·via Temporary Injunction
  The Supreme Court of Florida reviewed a district court's decision to quash a temporary injunction that had prohibited the City of Jacksonville from levying fines against billboard companies for violating a sign ordinance. The court ultimately approved the district court's decisio
• Cedar Hills Props. Corp. & Loeb P'rs Corp. v. E. Fed. Corp.
  575 So. 2d 673· Fla. 1st DCA· 1991-01-25 ·cited 41×
  Cedar Hills Properties and its leasing agent Loeb Partners appealed from a judgment awarding damages to Eastern Federal Corporation for losses resulting from removal of its movie theater marquee sign and parking spaces at a shopping center. The Florida appellate court reversed th