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

• AETNA Life Ins. Co. v. Borges
  869 F.2d 142· 2d Cir.· 1989-02-23 ·cited 34×
  The Employee Retirement Income Security Act (ERISA) does not preempt Connecticut's escheat law as applied to uncollected benefit checks and drafts issued by ERISA-covered plans, because the law's impact is too tenuous, remote, and peripheral.
• Salim Aoude v. Mobil OIL Corp.
  862 F.2d 890· 1st Cir.· 1988-12-08 ·cited 34×·via Preliminary Injunction
  The court affirmed the district court's grant of a preliminary injunction, finding that the procedural challenges raised by the appellant were either meritless, harmless, or untimely.
• Darryl H. v. Coler
  801 F.2d 893· 7th Cir.· 1986-09-09 ·cited 34×·via Preliminary Injunction
  The court affirmed the district court's denial of a preliminary injunction, holding that while DCFS physical examinations of children implicate Fourth Amendment concerns, a warrant or probable cause is not constitutionally required in this context due to the state's compelling in
• Randolph-Sheppard Vendors OF Am. v. Caspar W. Weinberger
  795 F.2d 90· D.C. Cir.· 1986-06-13 ·cited 34×·via Preliminary Injunction
  The court held that while the appellants had standing, they failed to exhaust mandatory administrative remedies under the Randolph-Sheppard Act, requiring dismissal of their claims.
• Grano v. Barry
  783 F.2d 1104· D.C. Cir.· 1986-02-21 ·cited 34×·via Action For Injunction
  The court held that plaintiffs were prevailing parties entitled to attorneys' fees for securing a pre-election injunction, but remanded for reconsideration of the 'special circumstances' defense and specific fee calculations.
• Enter. Int'l, Inc. v. Corporacion Estatal Petrolera Ecuatoriana
  762 F.2d 464· 5th Cir.· 1985-06-10 ·cited 34×·via Preliminary Injunction
  A district court cannot issue a preliminary injunction against a party without first determining whether it has jurisdiction over that party, and monetary loss alone, without more, does not constitute irreparable injury sufficient to justify such an injunction.
• Winterland Concessions Co. v. Trela
  735 F.2d 257· 7th Cir.· 1984-05-17 ·cited 34×·via Preliminary Injunction
  The court affirmed the denial of the motion to vacate the preliminary injunction and the dismissal of the civil rights counterclaim, but reversed the dismissal of the antitrust counterclaim.
• Itek Corp. v. The First Nat'l Bank OF Boston
  730 F.2d 19· 1st Cir.· 1984-03-22 ·cited 34×
  The court held that the district court did not err in issuing an injunction against payment on letters of credit because the beneficiary's demands for payment were fraudulent, lacking any colorable basis under the underlying contract, and the customer had no adequate remedy at la
• People Organized FOR Welfare AND Employment Rights (P.O.W.E.R.) v. Thompson
  727 F.2d 167· 7th Cir.· 1984-02-14 ·cited 34×·via Preliminary Injunction
  An association lacks standing to sue under 42 U.S.C. § 1983 for a state's refusal to facilitate voter registration in public offices, as this does not constitute a direct and personal injury to the association or its members.
• Lopez v. Heckler
  713 F.2d 1432· 9th Cir.· 1983-08-24 ·cited 34×·via Preliminary Injunction
  The court held that the Secretary of Health and Human Services failed to demonstrate a probability of success on the merits or that the balance of hardships tipped in her favor, and therefore denied her request for a partial stay of a preliminary injunction.
• Mass. Ass'n OF Older Americans v. Sharp
  700 F.2d 749· 1st Cir.· 1983-02-15 ·cited 34×·via Preliminary Injunction
  The court held that the district court erred in denying a preliminary injunction because the plaintiffs demonstrated a likelihood of success on the merits and irreparable harm, and the termination of Medicaid benefits without redetermination violated federal regulations.
• Levas AND Levas v. Vill. OF Antioch
  684 F.2d 446· 7th Cir.· 1982-07-07 ·cited 34×·via Preliminary Injunction
  This document is an ordinance, not a court opinion with a holding.
• Goff v. Menke
  672 F.2d 702· 8th Cir.· 1982-03-18 ·cited 34×·via Preliminary Injunction
  The court held that the district court erred in granting class-wide equitable relief on an individual inmate's complaint when similar issues were already pending in a certified class action, and such relief should have been pursued through the class representative.
• Stern Elecs., Inc. v. Kaufman
  669 F.2d 852· 2d Cir.· 1982-01-20 ·cited 34×·via Preliminary Injunction
  The court held that the audiovisual display of a video game, including its sights and sounds, is copyrightable as an audiovisual work, and that the defendant's use of the "SCRAMBLE" mark was in bad faith, entitling the plaintiff to injunctive relief.
• Local Lodge NO. 1266, Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO v. Panoramic Corp.
  668 F.2d 276· 7th Cir.· 1981-12-30 ·cited 34×·via Status Quo Injunction
  A district court may grant a preliminary injunction to preserve the status quo pending arbitration if the sale of corporate assets would frustrate the arbitral process.
• NEW Jersey-Philadelphia Presbytery OF THE Bible Presbyterian Church v. NEW Jersey State Bd. OF Higher Educ.
  654 F.2d 868· 3d Cir.· 1981-04-14 ·cited 34×·via Preliminary Injunction
  The majority's rule allowing federal plaintiffs, not parties to a state proceeding, to interfere with that proceeding is unprecedented and contrary to established precedent.
• The Atchison v. Lennen
  640 F.2d 255· 10th Cir.· 1981-01-23 ·cited 34×·via Preliminary Injunction
  The court held that the district court abused its discretion in denying a preliminary injunction because it failed to consider the statutory purpose and applied incorrect equitable criteria, and that irreparable harm need not be shown when a statute provides for injunctive relief
• Assure Competitive Transp., Inc. v. United States & Interstate Commerce Comm'n
  629 F.2d 467· 7th Cir.· 1980-08-07 ·cited 34×
  The court held that challenges to Interstate Commerce Commission (ICC) orders must be brought in the court of appeals, not the district court, and that a quorum of the ICC consists of a majority of its currently serving members, not a majority of its full statutory complement.
• The Guinness-Harp Corp. v. JOS. Schlitz Brewing Co.
  613 F.2d 468· 2d Cir.· 1980-01-21 ·cited 34×·via Suit For Injunction
  The court held that the agreement's status quo provision, interpreted as part of the arbitration obligation, is enforceable by injunction to maintain the distributorship pending arbitration.
• Fitzgerald v. Mountain Laurel Racing, Inc.
  607 F.2d 589· 3d Cir.· 1979-09-26 ·cited 34×·via Preliminary Injunction
  The court held that the termination of a stall agreement by a private racetrack, even with consultation from state racing officials, does not constitute state action under 42 U.S.C. § 1983 because the racetrack acted independently based on its own authority.
• Commonwealth OF Mass. v. Andrus
  594 F.2d 872· 1st Cir.· 1979-02-20 ·cited 34×·via Preliminary Injunction
  The court held that the enactment of the 1978 amendments to the Outer Continental Shelf Lands Act rendered the appeal from the preliminary injunction moot, as the amendments addressed the deficiencies that formed the basis of the injunction.
• Shell OIL Co. v. Train
  585 F.2d 408· 9th Cir.· 1978-11-03 ·cited 34×·via Action For Injunction
  The court held that the district court correctly dismissed Shell's complaint for lack of subject matter jurisdiction because the actions of the state regional board were not reviewable federal agency actions.
• Jacobson & Co., Inc. v. Armstrong Cork Co.
  548 F.2d 438· 2d Cir.· 1977-01-25 ·cited 34×·via Mandatory Injunction
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, as the plaintiff raised sufficiently serious questions going to the merits and demonstrated a balance of hardships tipping decidedly in its favor.
• Berg v. Richmond Unified Sch. Dist.
  528 F.2d 1208· 9th Cir.· 1975-12-09 ·cited 34×·via Permanent Injunction
  The court held that the school district's maternity leave policy violated Title VII by discriminating based on sex, and that the district court had proper jurisdiction.
• The Schlegel Mfg. Co. v. USM Corp.
  525 F.2d 775· 6th Cir.· 1975-09-25 ·cited 34×
  The court held that the district court erred in refusing to consider extrinsic evidence to interpret the ambiguous terms of a consent decree, and that a remand was necessary for proper determination of the decree's meaning and potential infringement.
• Sierra Club v. Rogers C. B. Morton
  514 F.2d 856· D.C. Cir.· 1975-06-16 ·cited 34×
  The court held that the cumulative effect of federal actions related to coal development in the Northern Great Plains constitutes a "major Federal action" requiring a comprehensive environmental impact statement under NEPA, even if the agencies deny a coordinated program exists.
• Seeler v. The Trading Port, Inc.
  517 F.2d 33· 2d Cir.· 1975-05-27 ·cited 34×·via Temporary Injunction
  A district court should issue an interim bargaining order under § 10(j) when a union has a card majority and the employer commits egregious unfair labor practices that make a fair election impossible, to restore the pre-violation status quo.
• Armstrong v. Armstrong
  508 F.2d 348· 1st Cir.· 1974-12-27 ·cited 34×·via Suit For Injunction
  Federal courts should abstain from hearing cases related to divorce and alimony, even if they involve contract or property disputes, due to comity and sound federal policy.
• Wounded Knee Legal Defense/Offense Comm. v. The Fed. Bureau OF Investigation
  507 F.2d 1281· 8th Cir.· 1974-11-07 ·cited 34×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the district court in its jurisdictional findings, refusal to recuse, rejection of affidavits, or application of preliminary injunction standards.
• N. C. Freed Co., Inc. v. Bd. OF Governors OF the Fed. Reserve Sys. & Fed. Trade Comm'n
  473 F.2d 1210· 2d Cir.· 1973-02-01 ·cited 34×
  The Federal Reserve Board did not exceed its authority in promulgating a regulation that includes statutory liens within the definition of 'security interest' for the purpose of the Truth-in-Lending Act's rescission provision.
• Bassett v. Braddock
  262 So. 2d 425· Fla.· 1972-05-17 ·cited 34×
  The Florida Supreme Court affirmed that the Dade County School Board's labor negotiators could conduct preliminary collective bargaining negotiations with teacher representatives outside public meetings without violating Florida's "Government in the Sunshine" law. The court balan
• Avco Corp. v. Local Union #787 OF the Int'l Union
  459 F.2d 968· 3d Cir.· 1972-05-05 ·cited 34×
  A district court may not decline to issue a Boys Markets injunction solely because the compulsory arbitration clause of a collective bargaining agreement is 'employee-oriented,' provided both parties are contractually bound to arbitrate.
• Nat'l Mar. Union OF Am., AFL-CIO v. Commerce Tankers Corp.
  457 F.2d 1127· 2d Cir.· 1972-03-22 ·cited 34×
  The court held that the district court erred in denying an injunction because the Regional Director had reasonable cause to believe the NMU's transfer clause violated Section 8(e) of the NLRA, and that the preliminary injunction enforcing the arbitration award should be vacated d
• DOE v. McMILLAN
  459 F.2d 1304· D.C. Cir.· 1972-01-20 ·cited 34×
  The court held that the District Court properly dismissed the complaint because all defendants were immune from suit, either through legislative immunity under the Speech or Debate Clause or through the doctrine of official immunity.
• Middlewest Motor Freight Bureau v. United States
  433 F.2d 212· 8th Cir.· 1970-10-06 ·cited 34×·via Interlocutory Injunction
  The court held that shippers are entitled to restitution for excessive rates charged during the period of the temporary restraining order, as the ICC's cancellation order rendered the increased tariffs unlawful.
• Birdie Mae Davis v. United States
  422 F.2d 1139· 5th Cir.· 1970-02-16 ·cited 34×·via Preliminary Injunction
  The court held that the district court's failure to make findings of fact and conclusions of law, as required by Rule 52(a), prevented meaningful appellate review of the preliminary injunction.
• Small v. SUN OIL Co.
  222 So. 2d 196· Fla.· 1969-04-23 ·cited 34×
  The Florida Supreme Court reviewed a trial court's decision invalidating an entire oil and gas excise tax statute (Ch. 211, Fla. Stat.) because of an unconstitutional property tax exemption provision. The Supreme Court held that the exemption provision was severable from the vali
• Nashville I-40 Steering Comm. v. Buford Ellington
  387 F.2d 179· 6th Cir.· 1967-12-18 ·cited 34×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as plaintiffs failed to show a violation of law or constitutional rights regarding highway route selection, but reversed the dismissal of the Mayor as a party defendant.
• United Elec. Contractors Ass'n v. Ordman
  366 F.2d 776· 2d Cir.· 1966-09-23 ·cited 34×·via Mandatory Injunction
  District courts cannot review the General Counsel's discretion in issuing unfair labor practice complaints.
• McGRAW-Edison Co. v. Preformed Line Prods. Co.
  362 F.2d 339· 9th Cir.· 1966-05-26 ·cited 34×
  The court held that the district court did not abuse its discretion in dismissing a patent infringement counterclaim without prejudice, considering the pendency of related litigation in another district court.
• G & N Constr. Co. v. Sergi V. Kirpatovsky and Nona J. Kirpatovsky
  181 So. 2d 664· Fla. 3d DCA· 1966-01-04 ·cited 34×
  A party is not required to submit to arbitration any question which it has not agreed to submit, and arbitration agreements are strictly construed.
• Oren v. Gen. Accident Fire & Life Assurance Corp., Ltd.
  175 So. 2d 581· Fla. 3d DCA· 1965-06-01 ·cited 34×
  An administratrix of two estates recovered judgments against an uninsured motorist without obtaining the insurer's written consent, violating an explicit exclusion clause in the uninsured motorist policy. The court affirmed the insurer's injunction preventing the administratrix f
• The Fed. Trade Comm'n v. J. Weingarten, Inc.
  336 F.2d 687· 5th Cir.· 1964-09-14 ·cited 34×·via Writ Of Injunction
  The court held that the district court erred in enjoining the Federal Trade Commission's remand proceedings, as the FTC did not violate the Administrative Procedure Act's reasonable dispatch clause and the remand did not demonstrate prejudgment.
• Lord v. Kelley
  334 F.2d 742· 1st Cir.· 1964-07-13 ·cited 34×
  The court held that the appeal from the district court's order regarding the return and suppression of seized records must be dismissed for want of jurisdiction.
• United States v. Edwards
  333 F.2d 575· 5th Cir.· 1964-06-18 ·cited 34×·via Preliminary Injunction
  The court should have granted an injunction to prevent further violence against Negroes attempting to register to vote.
• Jordan v. Hutcheson
  323 F.2d 597· 4th Cir.· 1963-09-17 ·cited 34×
  A federal court has the power to enjoin state legislative committee actions that violate citizens' constitutional rights, even if the committee acts under color of state law.
• United States v. Ellett R. Dogan
  314 F.2d 767· 5th Cir.· 1963-01-26 ·cited 34×·via Preliminary Injunction
  The court held that evidence of prior discriminatory acts in poll tax collection should have been admitted, and that racial distinctions in poll tax collection were indeed made, warranting a preliminary injunction.
• Grubstein v. Urban Renewal Agency OF City OF Tampa
  115 So. 2d 745· Fla.· 1959-11-18 ·cited 34×
  Florida Supreme Court upheld the constitutionality of the Urban Renewal Law and the Maryland Avenue Slum Clearance Project against a property owner's challenge, holding that slum clearance and redevelopment constitutes a valid public purpose justifying the exercise of eminent dom
• Missouri-Kansas-Texas R.R. Co. v. Bhd. OF Locomotive Eng'rs
  266 F.2d 335· 5th Cir.· 1959-04-20 ·cited 34×·via Preliminary Injunction
  The court held that the district court had jurisdiction to issue a preliminary injunction to protect the National Railroad Adjustment Board's jurisdiction over a minor dispute, but it erred in ordering the railroad companies to restore the status quo.
• Broward Cnty. Rubbish Contractors Ass'n v. Broward Cnty.
  112 So. 2d 898· Fla. 2d DCA· 1959-04-01 ·cited 34×
  The Broward County Rubbish Contractors Association and its members appealed multiple interlocutory orders denying their request for an injunction against a county garbage franchise agreement with Affiliated Services, Inc. The court affirmed, holding that the Board of County Commi