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

• Takeda v. Nw. Nat'l Life Ins. Co.
  765 F.2d 815· 9th Cir.· 1985-07-08 ·cited 36×·via Preliminary Injunction
  The court held that Microdata is an indispensable party whose joinder would destroy diversity, requiring remand to state court, and that a federal question counterclaim does not establish removal jurisdiction.
• Thomas v. Peterson
  753 F.2d 754· 9th Cir.· 1985-02-11 ·cited 36×
  The court held that the National Environmental Policy Act requires an Environmental Impact Statement analyzing the combined impacts of a timber road and associated timber sales, and that the National Forest Management Act does not mandate that the cost of a timber road be less th
• Am. CAN Co. v. Ishwar Mansukhani
  742 F.2d 314· 7th Cir.· 1984-07-30 ·cited 36×·via Injunction Bond
  The court held that the temporary restraining order was improperly issued ex parte because there was no valid reason for proceeding without notice and it failed to comply with Rule 65(b)'s procedural requirements. The preliminary injunction was also deemed erroneously granted due
• Medtronic, Inc. v. Intermedics, Inc.
  725 F.2d 440· 7th Cir.· 1984-01-12 ·cited 36×·via Preliminary Injunction
  An order denying a stay is not appealable under 28 U.S.C. § 1292(a)(1) if the underlying suit is a mixed law-equity action where equitable relief is more than merely incidental to legal relief.
• Mental Health Ass'n OF Minn. v. Heckler
  720 F.2d 965· 8th Cir.· 1983-11-04 ·cited 36×·via Preliminary Injunction
  The court held that a judicial waiver of the exhaustion requirement for Social Security disability claims was appropriate due to potential irreparable harm and that the preliminary injunction was largely proper, though modified to be more precise.
• Commodity Futures Trading Comm'n v. Bd. OF Trade OF the City OF Chicago
  701 F.2d 653· 7th Cir.· 1983-03-01 ·cited 36×·via Preliminary Injunction
  A district court is not required to vacate a decision on preliminary relief when the case becomes moot after the decision but before final judgment, especially if the findings received significant judicial scrutiny and appellate review.
• Coal. FOR Basic Human Needs v. King
  691 F.2d 597· 1st Cir.· 1982-11-01 ·cited 36×·via Injunction Pending Appeal
  A party can be considered a "prevailing party" for attorney's fees under 42 U.S.C. § 1988 if they achieve a judicial victory that establishes a legal entitlement to relief, even if the relief is preliminary and later mooted by intervening events.
• Vidal Sassoon, Inc. v. Bristol-Myers Co.
  661 F.2d 272· 2d Cir.· 1981-10-07 ·cited 36×·via Preliminary Injunction
  The court held that misrepresentations regarding consumer test methodology and results, which create a false impression of a product's competitive superiority, fall within the scope of § 43(a) of the Lanham Act and can support a preliminary injunction.
• Zuckerman v. Prof'l Writers OF Fla., Inc.
  398 So. 2d 870· Fla. 4th DCA· 1981-04-29 ·cited 36×·via Injunction Bond
  The appellate court affirmed a trial court's issuance of a temporary restraining order and prejudgment writs of replevin against former employees who allegedly removed corporate records from their employer. The court held that circumstantial evidence and testimony at the motion-t
• In re State OF Mo. v. U. S. Bankr. Court FOR the E. D. OF Ark. & the Hon. Charles W. Baker
  647 F.2d 768· 8th Cir.· 1981-04-08 ·cited 36×
  The bankruptcy court has exclusive jurisdiction over the grain and warehouses, and state proceedings to enforce pecuniary interests are stayed.
• S-1 v. Turlington
  635 F.2d 342· 5th Cir.· 1981-01-26 ·cited 36×·via Preliminary Injunction
  An expulsion of a handicapped student constitutes a change in educational placement, triggering procedural protections under the EHA and Section 504, and the burden is on school officials to determine if misconduct is a manifestation of the handicap.
• Ives Labs., Inc. v. Darby Drug Co., Inc.
  601 F.2d 631· 2d Cir.· 1979-06-11 ·cited 36×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction, finding it within the district court's discretion, despite the interesting questions raised regarding trademark and unfair competition law in the context of expired patents and drug imitation.
• The Travelers Ins. Co. v. Laurence H. Wilson
  371 So. 2d 145· Fla. 3d DCA· 1979-03-20 ·cited 36×
  Travelers Insurance Company appeals a summary judgment denying its request for a declaratory judgment that it was not liable for uninsured motorist coverage. The court held that because the responsibility of the identified tort-feasor (Mora) had not been determined, summary judgm
• Matlovich v. Secretary OF The AIR Force and Colonel Alton J. Thogersen
  591 F.2d 852· D.C. Cir.· 1978-12-06 ·cited 36×
  The court held that the Air Force failed to provide a reasoned explanation for denying an exception to its policy of discharging homosexual service members, making judicial review impossible.
• Kennecott Copper Corp. v. Costle
  572 F.2d 1349· 9th Cir.· 1978-04-05 ·cited 36×·via Preliminary Injunction
  The majority opinion reversed the district court's grant of a preliminary injunction, finding the EPA Administrator's duty discretionary. Judge Hauk dissents, arguing the duty was nondiscretionary and the injunction proper.
• Vecchione v. Helene Wohlgemuth
  558 F.2d 150· 3d Cir.· 1977-06-14 ·cited 36×
  The court held that the state officials' attorneys had the authority to consent to the decree, and the state waived its Eleventh Amendment immunity by its conduct and failure to appeal. Therefore, the Rule 60(b) motion to vacate the consent decree was properly denied.
• Inland Steel Co. v. Local Union NO. 1545
  505 F.2d 293· 7th Cir.· 1974-10-22 ·cited 36×·via Labor Dispute Injunctions
  The court held that the injunctions did not conflict with the Norris-LaGuardia Act, as the dispute over honoring picket lines was arbitrable.
• Stamicarbon, N.V. v. Am. Cyanamid Co.
  506 F.2d 532· 2d Cir.· 1974-10-04 ·cited 36×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction to compel in camera proceedings, as the contractual provisions did not clearly waive the right to a public trial and the potential for irreparable harm was speculative.
• Faro v. NEW York Univ.
  502 F.2d 1229· 2d Cir.· 1974-08-23 ·cited 36×·via Preliminary Injunction
  The court held that the district court did not err in denying the preliminary injunction, as the plaintiff failed to demonstrate a likelihood of success on the merits or irreparable harm, and the university's actions were not motivated by sex discrimination.
• Am. Gen. Ins. Co. & Fid. & Deposit Co. of Md. v. Fed. Trade Comm'n
  496 F.2d 197· 5th Cir.· 1974-06-27 ·cited 36×
  The court held that plaintiffs had not exhausted their administrative remedies and that premature judicial intervention was not warranted.
• Sec. & Exch. Comm'n v. Spectrum, Ltd.
  489 F.2d 535· 2d Cir.· 1973-12-04 ·cited 36×·via Preliminary Injunction
  The court held that the district court erred in denying an evidentiary hearing when material factual disputes existed regarding the defendant's knowledge of a scheme to distribute unregistered securities.
• Buzzard v. Local Lodge 1040 Int'l Ass'n OF MacHinists & Aerospace Workers
  480 F.2d 35· 9th Cir.· 1973-03-30 ·cited 36×·via Petition For Injunction
  The court held that union members must generally exhaust intra-union remedies before seeking judicial relief, unless futility or inadequacy is shown, and that exceptional circumstances were not present here.
• Dade Cnty. v. PAN Am. World Airways, Inc.
  275 So. 2d 505· Fla.· 1973-02-07 ·cited 36×
  Pan American World Airways challenged Dade County's 1970 ad valorem tax assessment on its leasehold interests at Miami International Airport. The Florida Supreme Court affirmed the trial court's judgment that the leasehold interests are exempt from taxation because the airport se
• Amstar Corp. v. Amalgamated Meat Cutters & Butcher Workmen OF N. Am., AFL-CIO
  468 F.2d 1372· 5th Cir.· 1972-11-06 ·cited 36×·via Boys Markets Injunction
  A district court cannot issue a Boys Markets injunction when the legality of the strike itself is the arbitrable dispute.
• Nat'l Labor Relations Bd. v. Hanes Hosiery Division-Hanes Corp.
  384 F.2d 188· 4th Cir.· 1967-10-03 ·cited 36×·via Mandatory Injunction
  The court held that the National Labor Relations Board has the authority to issue subpoenas for employee names and addresses prior to a representation election, and that district courts have jurisdiction to enforce such subpoenas.
• The City OF Miami v. Zorovich
  195 So. 2d 31· Fla. 3d DCA· 1967-02-07 ·cited 36×
  The City of Miami appealed a trial court decree invalidating its R-5A zoning classification on adjacent property, which prohibited motels while permitting high-rise apartments. The appellate court reversed, holding that the zoning classification was a valid exercise of legislativ
• Biscayne Kennel Club, Inc. v. Fla. State Racing Comm'n
  165 So. 2d 762· Fla.· 1964-04-29 ·cited 36×
  Horse and dog racing permit holders challenged Florida's statute authorizing transfer of racing permits to establish harness racing in certain counties as unconstitutional special legislation. The Florida Supreme Court upheld the statute as a valid general law of uniform operatio
• Meredith v. Fair
  306 F.2d 374· 5th Cir.· 1962-07-27 ·cited 36×·via Permanent Injunction
  A court has inherent power to review and vacate a stay order issued by a single judge, even if that judge was not part of the deciding panel, especially when the mandate has already issued.
• Ideal TOY Corp. v. Sayco Doll Corp.
  302 F.2d 623· 2d Cir.· 1962-04-03 ·cited 36×·via Preliminary Injunction
  The court affirmed both the grant of a preliminary injunction and the denial of a motion to vacate it, finding no abuse of discretion or error in the lower courts' rulings.
• Adams v. City OF Park Ridge
  293 F.2d 585· 7th Cir.· 1961-08-21 ·cited 36×·via Permanent Injunction
  A municipal ordinance prohibiting solicitation of funds for charitable purposes without prior consent of the City Council, which lacks standards for granting or withholding permits and exempts a specific organization, is an unconstitutional prior restraint on free speech and viol
• The Armstrong-Norwalk Rubber Corp. v. Local Union NO. 283
  269 F.2d 618· 2d Cir.· 1959-07-13 ·cited 36×
• Aaron v. Cooper
  261 F.2d 97· 8th Cir.· 1958-11-10 ·cited 36×·via Application For Injunction
  The court held that the appellees' actions in leasing public school facilities for private segregated schools, despite a federal court order to integrate, warranted an injunction. The court also held that the district court erred in dismissing the injunction application for lack
• Boucher v. Novotny
  102 So. 2d 132· Fla.· 1958-04-16 ·cited 36×
  The Florida Supreme Court affirmed dismissal of a suit by neighboring property owners seeking injunctive relief against alleged zoning ordinance violations, holding that private parties challenging municipal zoning violations must allege and prove special damages differing in kin
• Fink v. Cont'l Foundry & Mach. Co.
  240 F.2d 369· 7th Cir.· 1957-01-03 ·cited 36×·via Mandatory Injunction
  The appeal is dismissed as moot because events occurring after the district court's judgment, including the sale of assets and commencement of liquidation, have rendered it impossible for the appellate court to grant effectual relief.
• Chambers Constr. Co. v. Mitchell
  233 F.2d 717· 8th Cir.· 1956-06-05 ·cited 36×·via Permanent Injunction
  The court held that construction workers and clerical staff involved in replacing a segment of a municipal water main, which supplied water to interstate commerce users, were engaged in the production of goods for commerce under the Fair Labor Standards Act. It also held that the
• Mayer v. Dade Cnty.
  82 So. 2d 513· Fla.· 1955-09-21 ·cited 36×
  Property owners challenged county zoning and setback regulations that prevented them from building a hospital on their land. The Florida Supreme Court upheld most of the zoning restrictions as valid exercises of police power, but found that the county improperly singled out the p
• Mary Phillips Rushton as sole Gen. P'r of The Rushton Co. v. Vitale
  218 F.2d 434· 2d Cir.· 1955-01-26 ·cited 36×·via Preliminary Injunction
  The court held that a prima facie case of copyright infringement entitles plaintiffs to a preliminary injunction without a detailed showing of irreparable harm.
• Odis R. VAN Buskirk v. Wilkinson
  216 F.2d 735· 9th Cir.· 1954-11-08 ·cited 36×·via Petition For Injunction
  The court held that the district court lacked jurisdiction because the petition failed to allege an amount in controversy and that, even if treated as a habeas corpus petition, the inmate's claim of double jeopardy was without merit.
• Helene Marceau Sidebotham v. Robison
  216 F.2d 816· 9th Cir.· 1954-10-18 ·cited 36×
  The court held that the trial court erred in dismissing the complaint without leave to amend, as the plaintiff may be able to state a claim for relief based on fraud and concealment of community property, particularly given the confidential relationship between spouses.
• Farmer v. United Elec.
  211 F.2d 36· D.C. Cir.· 1953-12-04 ·cited 36×
  The National Labor Relations Board (NLRB) lacks statutory authority to revoke a union's compliance status under Section 9(h) of the Labor Management Relations Act without a hearing, and the district court has jurisdiction to review such unlawful action causing irreparable injury.
• McClosky v. Martin
  56 So.2d 916· Fla.· 1951-12-04 ·cited 36×
  The Florida Supreme Court affirmed a lower court's decision that a landlord's erection of a large sign on adjoining property, which blocked the view of a tenant's restaurant and materially damaged their business, constituted a nuisance. The court held that while a property owner
• Estate v. Keller
  52 So.2d 131· Fla.· 1951-04-20 ·cited 36×
  The Florida Supreme Court affirmed a lower court's decision, holding that a vendor who had repeatedly waived strict payment terms in a land sale contract could not claim forfeiture without providing the vendee notice and an opportunity to cure the default. This ruling emphasizes
• In re Lustron Corp. Reconstr. Fin. Corp. v. Lustron Corp.
  184 F.2d 789· 7th Cir.· 1950-10-23 ·cited 36×
  The bankruptcy court had jurisdiction to issue a restraining order to preserve the estate and prevent irreparable harm, and it did not err in refusing to transfer the case to a district where no bankruptcy petition was pending.
• Cantwell v. ST. Petersburg Port Auth. & City of ST. Petersburg
  155 Fla. 651· Fla.· 1945-03-02 ·cited 36×
  The Florida Supreme Court held that Chapter 13884, Acts of 1929, which authorized the Railroad Commission to grant ferry franchises, is a general law rather than a special or local law in violation of the state constitution. The court rejected a challenge to the ferry franchise o
• G. H. Mumm Champagne (Societe Vinicole de Champagne v. E. Wine Corp.
  142 F.2d 499· 2d Cir.· 1944-04-27 ·cited 36×
  The court held that the Delaware company has standing to sue for unfair competition and trade mark infringement on its own behalf and on behalf of the French company, and that the defendant's label constitutes unfair competition.
• Carter v. United States
  135 F.2d 858· 5th Cir.· 1943-04-12 ·cited 36×·via Permanent Injunction
  The dissenting judge believes the conviction for criminal contempt cannot stand because the order disobeyed was void for lack of jurisdiction, and thus not a lawful order.
• Tomlinson v. Smith
  128 F.2d 808· 7th Cir.· 1942-04-22 ·cited 36×·via Interlocutory Injunction
  The court held that the injunction and declaratory judgment were properly allowed because the plaintiff, as a trustee protecting a superior lien, is not subject to the statutory prohibition against enjoining tax collection, nor the Declaratory Judgment Act's exception for federal
• Paul Kroegel and Others v. Richard Whyte and Others
  62 Fla. 527· Fla.· 1911-06-01 ·cited 36×
  This case concerns whether a special or local law authorizing a county to issue bonds for a public dock and levy taxes for it violates a constitutional prohibition against special or local laws for tax assessment and collection. The court ultimately held that such a law is permis
• Fla. E. Coast Ry. Co. v. Taylor
  56 Fla. 788· Fla.· 1908-06-01 ·cited 36×·via Mandatory Injunction
  The Florida Supreme Court reversed a temporary mandatory injunction requiring a railroad company to construct a spur track and depot at Rockledge and operate passenger trains there. The Court held that mandatory injunctions requiring positive acts cannot be granted before final h
• Rawls v. Tallahassee Hotel Co.
  43 Fla. 288· Fla.· 1901-06-01 ·cited 36×
  The appellate court reversed a perpetual injunction against a husband interfering with a sewer pipe. The court found that the wife, who owned the land where the pipe was laid, was an indispensable party to the lawsuit and should have been included.