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

• Outboard Marine Corp. & Donzi Marine Corp. v. Donvee Inc.
  907 F.2d 59· 8th Cir.· 1990-06-26 ·via Permanent Injunction
  The court held that the appellant is bound by the terms of the injunction agreed to by its counsel, even if it now disputes the underlying merits.
• Hess's Dep't Stores, Inc. v. Ernest W. Hahn, Inc.
  901 F.2d 552· 6th Cir.· 1990-04-27
  A landlord's right to alter common areas under a lease is not restricted by provisions concerning temporary closures or reciprocal use rights, nor by initial development plans or modifications, as long as a specified parking ratio is maintained.
• Dahlem v. The Bd. OF Educ. OF Denver Pub. Schs.
  901 F.2d 1508· 10th Cir.· 1990-04-23 ·via Preliminary Injunction
  A plaintiff who obtains a preliminary injunction that grants the relief sought, even if the case later becomes moot on appeal, is a prevailing party for attorney's fees under 42 U.S.C. § 1988, unless special circumstances render an award unjust.
• L.W. Laird v. Integrated Res., Inc.
  897 F.2d 826· 5th Cir.· 1990-04-06 ·via Preliminary Injunction
  The court, in a special concurrence, agreed with the majority's result to reverse summary judgment but disagreed with the broad fiduciary duty standard announced by the majority for investment advisors under § 10(b).
• Palm-Aire Country Club Apts. Condo., Inc. v. FPA Corp.
  559 So. 2d 277· Fla. 4th DCA· 1990-03-28 ·via Permanent Injunction
  Condominium associations sought a constructive trust to establish a perpetual right to purchase annual memberships at golf and tennis facilities operated by the developer, FPA Corporation. The trial court found the associations failed to prove they had a legal right to use the fa
• Webster Groves Sch. Dist. v. Pulitzer Publ'g Co.
  898 F.2d 1371· 8th Cir.· 1990-03-27
  The court held that the district court did not err in closing the courtroom and sealing the file in a case involving a handicapped student's educational records, balancing the public's right of access against the minor's privacy interests.
• Ecological Dev., Inc. v. Walton Cnty.
  558 So. 2d 1069· Fla. 1st DCA· 1990-03-16
  Ecological Development challenged Walton County's vote to terminate maintenance obligations on public roads in a subdivision while retaining control over them as public rights-of-way. The court held that once a county accepts dedicated roads, it cannot unilaterally disclaim maint
• Shiloh Harry Theriault v. A Religious Off. IN THE Structure OF THE Gov't Requiring A Religious Test AS A Qualification & The Religious Agents Thereof at Otisville
  895 F.2d 104· 2d Cir.· 1990-02-02
  The court held that the district court prematurely dismissed the inmate's claims regarding the exercise of nonreligious governmental powers by prison chaplains and the denial of free exercise rights.
• S. Fla. Water Mgmt. Dist. v. City OF ST. Cloud
  555 So. 2d 1328· Fla. 5th DCA· 1990-02-01 ·via Temporary Injunction
  The Fifth District Court of Appeal clarified its prior order regarding attorney's fees awards in two consolidated appeals involving the City of St. Cloud and the South Florida Water Management District. The court awarded attorney's fees under the Environmental Protection Act but
• Equal Emp. Opportunity Comm'n v. Joint Apprenticeship Comm. OF the Joint Indus. Bd. OF the Elec. Indus.
  895 F.2d 86· 2d Cir.· 1990-01-31 ·via Interlocutory Injunction
  The court held that the district court's grant of partial summary judgment and injunction was based on an incorrect legal standard by failing to adequately address the causation element required for a prima facie case of disparate impact under Title VII, as clarified by Wards Cov
• Dep't OF Prof'l Reg. v. Jacob Nudel, M.D.
  556 So. 2d 766· Fla. 1st DCA· 1990-01-31
  The trial court erred in enjoining an ongoing administrative proceeding based on a statute it found unconstitutional as applied.
• Williams v. The State OF Wash.
  894 F.2d 321· 9th Cir.· 1990-01-16
  The court held that federal question jurisdiction was lacking because the federal issues raised were only valid as defenses to state court judgments.
• Pinellas Cnty. v. Seminole Lake Country Club Ests. Homeowners Ass'n, Inc.
  555 So. 2d 883· Fla. 2d DCA· 1989-12-27 ·via Temporary Injunction
  The court held that the trial court erred in denying the County's motion to dissolve a temporary injunction.
• United Liquors, Inc. v. Carillon Importers, Ltd.
  893 F.2d 1· 1st Cir.· 1989-12-21 ·via Preliminary Injunction
  The court held that the agreement lacked sufficient definiteness to enforce exclusivity beyond the initial one-year term, as future targets were not mutually agreed upon.
• Murrow Furniture Galleries, Inc. v. Thomasville Furniture Indus., Inc.
  889 F.2d 524· 4th Cir.· 1989-11-17 ·via Preliminary Injunction
  The court held that the denial of a preliminary injunction was not an abuse of discretion, and that the dismissal of certain claims was proper, but remanded for leave to amend the Sherman Act § 2 claim.
• Pittsburg & Midway Coal Mining Co. v. J.C. Shepherd
  888 F.2d 1533· 11th Cir.· 1989-11-13
  The court held that the 1912 deed's broad language, including phrases permitting use for mining "from other lands" and "preparation of the same for market," allowed the mineral owner to use the surface for a slurry pond and access road, even if the coal was mined from other tract
• Haywood Emmanuel Penny v. Shansky
  884 F.2d 329· 7th Cir.· 1989-09-13 ·via Preliminary Injunction
  The court held that the magistrate erred in dismissing the prisoner's suit for failure to appear at a hearing without prior warning or request from the defendant.
• Ry. Labor Executives' Ass'n v. Pittsburgh & Lake Erie R.R. Co.
  884 F.2d 744· 3d Cir.· 1989-09-07 ·via Preliminary Injunction
  The court held that the issue of a strike injunction was moot and remanded the case to the district court for dismissal.
• United States v. Focht
  882 F.2d 55· 3d Cir.· 1989-08-08 ·via Preliminary Injunction
  The court held that the "intended to produce" language in regulations concerning fireworks components requires an objective seller standard, not a subjective consumer standard, to determine violations of the Federal Hazardous Substances Act.
• Wilson v. Daily News OF THE Virgin Islands
  881 F.2d 82· 3d Cir.· 1989-08-07 ·via Injunction Requirements
  The court held that audit reports are not confidential under 3 V.I.C. § 1202(b) and that the district court erred in granting an injunction without complying with statutory and procedural requirements for such an order.
• Jennings Water, Inc. v. City OF N. Vernon
  895 F.2d 310· 7th Cir.· 1989-07-28 ·via Permanent Injunction
  The court held that 7 U.S.C. § 1926(b) prohibits a municipality from curtailing service provided by a rural water association indebted to the FmHA, and this protection cannot be waived by equitable estoppel.
• Parker v. United States Dep't OF Agric.
  879 F.2d 1362· 6th Cir.· 1989-07-13 ·via Preliminary Injunction
  The court held that borrowers of FmHA guaranteed loans are not third-party beneficiaries of the lender's agreement with FmHA and thus do not have a right to appeal FmHA decisions regarding foreclosure or loan servicing.
• Scherer v. Antiquers Aerodrome, Inc.
  546 So. 2d 103· Fla. 4th DCA· 1989-07-07
• Little Earth OF United Tribes, Inc. v. United States Dep't OF Hous. & Urban Dev.
  878 F.2d 236· 8th Cir.· 1989-06-23
  The court affirmed the district court's decision, finding no clear error in its findings of fact or law regarding HUD's actions and foreclosure.
• United States v. Agnew
  878 F.2d 219· 8th Cir.· 1989-06-19 ·via Permanent Injunction
  The court held that the injunction was sufficiently specific and that the appellant willfully violated its terms by engaging in business requiring bonding under the Packers and Stockyards Act without obtaining the required bond.
• S.B. McLAUGHLIN & Co., Ltd. v. Tudor Oaks Condo. Project
  877 F.2d 707· 8th Cir.· 1989-06-15 ·via Preliminary Injunction
  A mere allegation of a constructive trust does not establish a sufficient proprietary interest under Minnesota law to support a notice of lis pendens without a court judgment declaring its existence.
• City OF Maitland v. Orange Cnty.
  546 So. 2d 1084· Fla. 5th DCA· 1989-06-15
  The City of Maitland appealed the dismissal of its complaint challenging Orange County's proposed road widening project. The court held that the city's first two counts stating causes of action based on comprehensive development plan violations and growth management policy violat
• Jacques Egan v. Frederiko I. Chammas
  544 So. 2d 1170· Fla. 5th DCA· 1989-06-15
  The trial court erred in granting summary judgment because there were numerous disputed material facts preventing resolution at that stage.
• Allen v. Consol. City of Jacksonville
  719 F. Supp. 1532· M.D. Fla.· 1989-06-02 ·via Preliminary Injunction
  The court held that the plaintiff lacked standing to challenge the resolution, and alternatively, that the resolution did not violate the Establishment Clause and thus a preliminary injunction was not warranted.
• Dad's Props., Inc. v. Lucas
  545 So. 2d 926· Fla. 2d DCA· 1989-05-12 ·via Preliminary Injunction
  Dad's Properties, Inc. appealed the denial of its application for a preliminary injunction to enforce a covenant not to compete against the Lucas family, who sold their adult nightclub business (Sugar Daddy's) to Dad's Properties in 1986 but subsequently opened a competing club (
• Fed. Trade Comm'n v. Overseas Unlimited Agency, Inc.
  873 F.2d 1233· 9th Cir.· 1989-04-21
  The court held that an order directing a bank to turn over funds to a receiver is not an appealable interlocutory order under 28 U.S.C. §§ 1291, 1292(a)(1), or 1292(a)(2).
• Blangeres v. Burlington N., Inc.
  872 F.2d 327· 9th Cir.· 1989-04-10
  The court held that the Tax Injunction Act deprives federal courts of jurisdiction to enjoin state tax assessments, even indirectly, and that 49 U.S.C. § 11504 does not create an exception.
• Rev. Lawrence Anderson v. Schultz
  871 F.2d 762· 8th Cir.· 1989-04-04
  The court held that the district court should have abstained from deciding the case under the Younger doctrine because a state criminal proceeding was pending against the appellants when the federal action was considered.
• MAI Basic Four, Inc. v. Prime Computer, Inc.
  871 F.2d 212· 5th Cir.· 1989-03-29 ·via Preliminary Injunction
  The court held that it could not determine as a matter of law whether Drexel Burnham Lambert was a 'bidder' under the Williams Act, and therefore affirmed the district court's continuation of the injunction pending further disclosures regarding Drexel's financial condition and ab
• Am. Booksellers Ass'n, Inc. v. Schiff
  868 F.2d 1199· 10th Cir.· 1989-03-06
  The court held that plaintiffs established standing to challenge a New Mexico law regulating the display of material deemed harmful to minors, despite the pre-enforcement nature of the challenge.
• Criswell v. DELTA AIR Lines, Inc.
  869 F.2d 449· 9th Cir.· 1989-02-28 ·via Injunction Enforcement
  A successor corporation can be held liable for attorneys' fees incurred in enforcing an injunction against it, even if the successor itself did not commit the underlying discrimination, provided the successor meets the criteria for successorship liability.
• Goethe House NEW York v. Nat'l Labor Relations Bd.
  869 F.2d 75· 2d Cir.· 1989-02-16 ·via Preliminary Injunction
  The district court properly exercised jurisdiction and granted a preliminary injunction against the Board's representation election order because Goethe House is immune under the Foreign Sovereign Immunities Act.
• City OF LOS Angeles & Cnty. of Los Angeles v. McLAUGHLIN
  865 F.2d 1084· 9th Cir.· 1989-01-13 ·via Preliminary Injunction
  The court held that the Secretary of Labor was not required to publish changes in the Bureau of Labor Statistics' statistical methodology under the Job Training Partnership Act or the Administrative Procedure Act, and that the change did not violate due process.
• ENG v. Coughlin
  865 F.2d 521· 2d Cir.· 1989-01-12 ·via Preliminary Injunction
  The court held that an interlocutory appeal from a restricted grant of intervention is not permissible because the intervenors are parties to the proceeding and can raise their claims on appeal after a final judgment.
• Picciolo v. Cleveland Jones, Jr.
  534 So. 2d 875· Fla. 3d DCA· 1988-12-06
  This case addresses whether an artificially-created waterway providing access to Palmer Lake is sovereign property subject to public use or private property that can be restricted by its owner. The Florida appellate court held that because the channel was not navigable in 1845 wh
• Fed. Sav. & Loan Ins. Corp. v. Kerr
  859 F.2d 1226· 5th Cir.· 1988-11-15
  The court held that the FSLIC, as a receiver holding an inferior lien, cannot prevent a superior lienholder from conducting a non-judicial foreclosure sale without court approval.
• The Marine Bank OF Monroe Cnty. v. Richard C. Milstein Ad Litem in the Guardianship of Madeline Laughead
  533 So. 2d 891· Fla. 3d DCA· 1988-11-08
  Marine Bank of Monroe County violated a court order freezing the assets of an incompetent ward by unilaterally setting off unpaid loans against the ward's account and initiating foreclosure proceedings on her homestead. The trial court found the bank in civil contempt and ordered
• Filemon Alcaraz v. March Fong EU
  861 F.2d 1101· 9th Cir.· 1988-11-06 ·via Preliminary Injunction
  The court held that the district court abused its discretion by enjoining the enforcement of election statutes without evidence of rigid application or undue restriction on minority voting.
• Beach Robo, Inc. v. Crown Cent. Petroleum, Inc
  860 F.2d 606· 4th Cir.· 1988-11-03 ·via Request For Injunction
  The grandfather clause of the Virginia Petroleum Products Franchise Act exempts a retail gasoline outlet that was operated by a producer or refiner on July 1, 1979, even if subsequently operated by a company that is not a producer or refiner.
• Interco Inc. v. Cardinal Acquisition Corp.
  858 F.2d 444· 8th Cir.· 1988-10-07 ·via Preliminary Injunction
  The court affirmed the district court's orders staying consideration of Interco's complaint and denying its motion to vacate the stay and for a preliminary injunction.
• Karyn Ridgeway v. Mont. High Sch. Ass'n
  858 F.2d 579· 9th Cir.· 1988-10-04 ·via Permanent Injunction
  The court affirmed the district court's denial of a permanent injunction regarding the scheduling of girls' high school basketball and volleyball seasons.
• Lawrence v. Knowles
  533 So. 2d 796· Fla. 4th DCA· 1988-09-28 ·via Permanent Injunction
• Official Airline Guides, Inc. v. Goss
  856 F.2d 85· 9th Cir.· 1988-09-01 ·via Preliminary Injunction
  The court held that while OAG may have serious questions regarding common law trademark rights in "Travel Planner," it failed to demonstrate irreparable injury or a sharp tipping of the balance of hardships necessary for a preliminary injunction.
• THE Florida BAR v. Aberasturia
  529 So. 2d 690· Fla.· 1988-08-18
  The Florida Bar sought to enjoin Ernesto Aberasturia from engaging in the unlicensed practice of law. The Supreme Court of Florida approved a joint stipulation requiring permanent injunctive relief against Aberasturia's unlicensed legal activities, including representation before
• In & for New Castle Cnty. Emerald P'rs
  Del. Ch.· 1988-08-15 ·via Preliminary Injunction
  The Court of Chancery found that the merger was entirely fair to May's minority stockholders, both in terms of fair dealing and fair price. Consequently, the director defendants are not liable for monetary damages. Even if the merger were found to be unfair, the defendants would