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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The court held that importing and selling copyrighted works manufactured abroad, even if acquired lawfully abroad, infringes copyright and is not protected by the first sale doctrine. The court also affirmed the contempt finding and sanctions.
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A union is not entitled to a preliminary injunction to prevent employer layoffs and reassignments when the employer has broad management rights under the collective bargaining agreement and the potential harm to employees from layoffs and subsequent 'rolling' does not defeat the
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The court held that it lacked jurisdiction to hear the appeal because the district court's order was a clarification, not a modification, of the existing injunction.
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The court held that the temporary injunction was carefully drawn and did not unduly restrict the appellant's freedom of movement, and that it lacked jurisdiction to review non-final orders.
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948 F.2d 887·
4th Cir.·
1991-11-01
The court held that the dispute over reclassifying management positions to dispatcher was a representation dispute, not a minor dispute, and thus fell under the exclusive jurisdiction of the National Mediation Board, not the National Railroad Adjustment Board.
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The court held that the district court lacked subject matter jurisdiction due to insufficient allegations of diversity, and therefore the preliminary injunction must be vacated.
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The court held that the plaintiffs' failure to exhaust administrative remedies with U.S. Customs before seeking judicial intervention precluded a preliminary injunction.
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The court affirmed the preliminary injunction, bound by precedent despite disagreement.
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Sonia Barbosa-Fernandez was convicted of indirect criminal contempt for violating a domestic violence injunction by making harassing phone calls. The Florida Court of Appeal reversed because the trial court's judgment failed to recite the specific facts supporting the conviction
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The court held that the noncompetition covenant's geographic scope was reasonable and that the district court did not abuse its discretion in granting a preliminary injunction.
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The court held that the district court erred in granting a preliminary injunction because it seriously misjudged the evidence regarding literal infringement and committed an error of law regarding infringement under the doctrine of equivalents, failing to make adequate findings.
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941 F.2d 947·
9th Cir.·
1991-08-12
The court held that the district court erred in denying the appellant's Seventh Amendment right to a jury trial on the issue of willfulness.
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The court held that the district court correctly determined it lacked jurisdiction to review the merits of the National Labor Relations Board's decision to assert jurisdiction over United Tote, as such review is limited to courts of appeals.
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The court held that the Supreme Court's decision in Rust v. Sullivan requires upholding the 1988 amendments to Title X regulations, reversing the prior injunction.
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Arthur Lipper III appealed the denial of his motion to dissolve a temporary injunction, challenging the trial court's erroneous limitation of the burden of proof required to maintain the injunction. The appellate court held that the trial court incorrectly required only proof of
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939 F.2d 547·
8th Cir.·
1991-07-18
The court held that the dealers' concerted actions to oppose a new auto mall constituted a per se violation of the Sherman Act, but the injunction against their individual communications was overbroad.
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582 So. 2d 771·
Fla. 3d DCA·
1991-07-16
In a dispute between investors and a securities broker, the court reversed a summary judgment enforcing arbitration, holding that the arbitration clause in the securities account agreement did not apply to a claim arising from a separate corporate command account agreement that c
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934 F.2d 1516·
11th Cir.·
1991-07-10
The court held that the Jury Act provides a right to a jury trial, and that the jury's verdict of coercion and intimidation should be reinstated, but the finding of constructive discharge was not supported by sufficient evidence.
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582 So. 2d 152·
Fla. 4th DCA·
1991-07-10
The Fourth District Court of Appeal affirmed a preliminary injunction against appellants Ross and Professional Data Resources for violating a non-competition agreement with Champion Computer Corporation, but reversed and remanded the trial court's decision to enforce a contractua
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The Eleventh Circuit held that the Georgia Parental Notification Act's notification requirements and judicial bypass procedure do not unduly burden a minor's right to an abortion and survive constitutional scrutiny.
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The court held that the "permanent injunction" was a preliminary injunction, that the TRO extended by stipulation became a preliminary injunction, and that the April 12 contempt order's fine was criminal, while the incarceration was civil.
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580 So. 2d 823·
Fla. 5th DCA·
1991-05-16
A homeowners association sought to enforce restrictive covenants against landowners who purchased an unplatted parcel of land adjoining a subdivision. The court reversed the trial court's injunction, holding that the additional parcel, lying outside the platted subdivision bounda
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The court held that the National Marine Fisheries Service regulation allowing reconsideration of an import embargo based on only six months of data, when the statute clearly requires a full year's data for comparability findings, is invalid as it conflicts with the statutory lang
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577 So. 2d 710·
Fla. 5th DCA·
1991-04-11
A condominium manager who received commissions on rental arrangements appealed an injunction prohibiting him from receiving compensation beyond his salary. The court held that a 1987 statutory amendment requiring managers to be employed 'for a salary' eliminated the prior exempti
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1991 WL 58865·
M.D. Fla.·
1991-04-08
The court held that Jacksonville Ordinance Code § 250.303 is an invalid exercise of police power as applied to the plaintiff's door-to-door sales activities under Florida law.
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The court held that the district court correctly applied the Ringsby exception and did not err in refusing to vacate its prior order when the appellant intentionally mooted the appeal to avoid the preclusive effect of the judgment.
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The court held that the railroad defendants were not employers of the union's members and thus not subject to the preliminary injunction, and that the district court's finding of alter ego or joint employer status was clearly erroneous.
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The court held that the appeal is moot because the chemical weapons have already been moved, rendering the requested injunctive relief regarding their transfer irrelevant.
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924 F.2d 480·
2d Cir.·
1991-02-01
The court dismissed the appeal without prejudice and remanded the case to the bankruptcy court for clarification of the injunction's scope and the timing of its dissolution trigger.
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An appeal from a contempt order does not permit a collateral attack on the underlying injunction if the injunction was not timely appealed. The 'person injured' requirement of 49 U.S.C. § 11708 is an element of the cause of action, not a jurisdictional prerequisite.
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924 F.2d 274·
D.C. Cir.·
1991-01-22
The court held that the Consumer Product Safety Commission failed to adequately explain its reasoning for disclosing documents despite accuracy objections, requiring a remand for further explanation.
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The court held that the appeal was frivolous, dismissed it, and imposed monetary sanctions against the appellant.
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The court held that the employment contracts, negotiated by FSLIC and deemed necessary to remedy the thrift's unsafe condition, were not automatically terminated by regulation, and thus the officers were entitled to severance benefits.
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The court held that the Anti-Injunction Act barred the Church's suit for injunctive relief because the district court lacked subject matter jurisdiction, and the Church failed to meet the narrow judicial exception to the Act.
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920 F.2d 535·
8th Cir.·
1990-12-04
The court affirmed the dismissal of the complaint, noting the city's representation that it will not conduct future drug testing without probable cause.
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The court held that the district court had jurisdiction to issue a preliminary injunction against the unions' picketing because the picketing sought to circumvent the exclusive procedures of the Railway Labor Act for resolving representation disputes, and the unions' opportunity
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A trustee who foreclosed on a mortgage after the note's apparent due date was barred by the statute of limitations because the note's due date was ascertainable from the public record, despite a mathematical error in payment amounts.
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The court held that limiting cross-examination of a crucial witness regarding their credibility constitutes error, even in a non-jury proceeding.
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Dade County appeals a temporary restraining order that prevented the ARTS (Airport Region Taxicab Service) lottery from proceeding after the County extended the application deadline from Sunday, July 15 to Monday, July 16, 1990, resulting in a substantial increase in applications
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915 F.2d 349·
8th Cir.·
1990-09-25
The court affirmed the district court's judgment awarding back wages and prejudgment interest to employees and enjoining the Foundation, finding the evidence sufficient and the interest award appropriate.
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914 F.2d 1501·
D.C. Cir.·
1990-09-21
A party aggrieved by the administrative use of unlawfully intercepted wiretap information may move to suppress it in a subsequent judicial review proceeding, even if the information was not formally received into evidence.
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The court held that the Secretary's claim for underpaid royalties had not matured at the time Ark filed its prior petitions for review, thus not constituting a compulsory counterclaim under Fed. R. Civ. P. 13(a). The court also affirmed the Secretary's authority to collect royalt
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Grips Western, a feed store, sought an ex parte temporary injunction to prevent Turner from removing two horses from the court's jurisdiction to secure a debt for feed and supplies. The Fourth District Court of Appeal reversed, holding that the feed store did not qualify for a st
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908 F.2d 27·
5th Cir.·
1990-08-14
The appeal is dismissed as moot because the underlying contempt hearing has already occurred, and the district court's denial of an injunction to prevent that hearing is the only issue on appeal. The court also awarded attorney's fees and double costs for a frivolous appeal.
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A preliminary injunction prohibiting the use of software is vacated because the moving party failed to demonstrate irreparable injury beyond monetary loss, which is compensable by damages.
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The court held that a preliminary injunction ordering a school district to place a severely emotionally disturbed child in a residential facility like San Marcos was appropriate under the EHA, as it was likely an educational institution rather than solely a hospital providing exc
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The court held that the district court erred by not factually finding the cause of the work stoppage and that the work stoppage was not subject to the Boys Markets injunction exception.
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909 F.2d 1175·
8th Cir.·
1990-07-27
The court held that Iowa's voter registration procedures, which do not allow minor parties polling less than two percent of the vote to be listed on registration forms, do not unnecessarily burden the opportunity for citizens and their parties to promote minority interests.
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904 F.2d 996·
5th Cir.·
1990-07-06
The court held that Dorney's gas was not dedicated under the B&A-Lone Star contract, thus precluding his breach of contract claim, and that his fraud claim lacked necessary reliance.