5,622 Florida cases classified under this topic, plus 6,126 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
-
The court held that while summary judgment for the SEC was proper, the district court erred in refusing to issue a permanent injunction against Madden, as his change in occupation alone was insufficient to deny relief.
-
604 F.2d 1075·
8th Cir.·
1979-08-01
·cited 22×
The court held that the VA has statutory authority to promulgate regulations defining full-time study for veteran benefits, including a twelve-semester-hour minimum and the definition of a 'semester hour'.
-
The dissenting judge holds that the majority erred in finding no violation of Section 14(e) of the Williams Act, asserting that Tiger's tender offer was materially misleading by downplaying the liquidation value of Seaboard's stock.
-
The court reversed the grant of a preliminary injunction because the district judge's conduct and remarks during the hearing demonstrated bias and a lack of impartiality, requiring remand to a different judge.
-
A person's lack of an official corporate title does not shield them from liability for violations of federal securities laws if they exercised managerial and supervisory authority. Scienter is not required for SEC enforcement actions seeking injunctions under Section 10(b) of the
-
A prior judgment in a reverse-Freedom of Information Act (FOIA) suit does not bar subsequent FOIA suits by requesters who were not parties to the prior litigation.
-
The denial of a temporary restraining order is appealable when it effectively denies a preliminary injunction and forecloses further interlocutory relief.
-
The court held that the doctrine of balancing conveniences was improperly applied, and the trial court should have granted an injunction to remove the speed bumps.
-
The court held that while inmates have a due process right to a hearing before removal from a temporary release program, the state can alter the underlying law creating the entitlement, and the commissioner must conduct a good faith evaluation after the hearing.
-
354 So. 2d 57·
Fla.·
1978-01-12
·cited 22×
The Florida Supreme Court held that due process requires affected landowners receive notice and an opportunity to be heard before a planning and zoning board—not just before the city commission—when considering rezoning of property. The court rejected the argument that notice at
-
559 F.2d 445·
7th Cir.·
1977-06-20
·cited 22×
The court held that the complaint failed to state a federal claim because it did not allege segregative intent, which is required for both Title VI and constitutional challenges to school segregation. Consequently, the court lacked jurisdiction over the pendent state law claim.
-
559 F.2d 209·
3d Cir.·
1977-06-06
·cited 22×
The denial of class certification is not an injunction appealable under 28 U.S.C. § 1292(a)(1) because it does not directly deny injunctive relief and remains reviewable after final judgment. A named plaintiff may still have standing to appeal such a denial, even after receiving
-
341 So. 2d 783·
Fla. 1st DCA·
1976-12-21
·cited 22×
The University of Florida and its student Honor Court appealed a ruling that student disciplinary hearings must be open to the public under Florida's public meetings statute. The court reversed, holding that student disciplinary proceedings may remain closed because they are shie
-
538 F.2d 46·
2d Cir.·
1976-07-14
·cited 22×
The appeal from the temporary restraining order is moot due to its expiration, and the declaratory judgment that the Union's scope proposal is not a mandatory subject of bargaining under the RLA is affirmed.
-
The court held that the 1961 Memorandum between the unions falls within § 301(a) of the LMRA, and the Norris-LaGuardia Act does not preclude injunctive relief for its breach, affirming the preliminary injunction as modified.
-
532 F.2d 1118·
7th Cir.·
1976-03-31
·cited 22×
The court held that while disqualification and injunction were proper, the plaintiff could proceed with his claim for legal fees.
-
The court held that the record failed to show imminent and irreparable harm, which is a prerequisite for granting a preliminary injunction.
-
The court held that an appeal from an order denying dissolution of a preliminary injunction is rendered moot and will be dismissed if a final decree has since been entered that makes the preliminary injunction permanent.
-
-
The court held that the agency's decision to reopen negotiations had a reasonable basis and was entitled to judicial deference, and that the successful bidder's proposal was responsive.
-
The court held that the District Court erred in denying intervention and in ordering a comprehensive plan for eliminating discriminatory housing barriers.
-
The court held that a preliminary injunction was properly issued to halt construction of a federally-funded expressway bridge pending preparation of an Environmental Impact Statement (EIS) under NEPA, despite claims of laches and advanced construction stages.
-
The court held that the injunction against the union was not vague or overbroad, and was properly issued to prevent future strikes over arbitrable grievances during the life of the collective bargaining agreement.
-
The court held that a permanent injunction against work stoppages is justified when a union repeatedly violates its contractual duty to arbitrate, and the injunction's breadth is appropriate to enforce that duty.
-
-
The court held that the district court prematurely dismissed the complaint seeking to enjoin a jeopardy assessment, as the taxpayer should have been allowed an opportunity to develop facts showing the assessment lacked a factual foundation or was arbitrary.
-
The court held that the dispute over whether the union's actions constituted a strike or protected refusal to cross a picket line was arbitrable, but the injunction against individual members was improper.
-
The court affirmed the district court's modification of a preliminary injunction allowing permanent appointments under an interim system, finding it did not violate state law or equity principles, and affirmed the denial of a motion to intervene.
-
286 So. 2d 272·
Fla. 1st DCA·
1973-12-13
·cited 22×
Kenco Chemical appealed a trial court judgment that modified and upheld a non-compete covenant against former employee/shareholder Railey, awarding $4,000 in damages for breach rather than the larger lost profits Kenco claimed. The appellate court affirmed, holding that non-compe
-
The court granted a petition for rehearing en banc, vacating the prior panel decision.
-
474 F.2d 877·
4th Cir.·
1973-02-21
·cited 22×
The court held that the district court lacked jurisdiction under 28 U.S.C. § 1331 due to failure to meet the amount in controversy requirement, and that mandamus jurisdiction under 28 U.S.C. § 1361 was inappropriate as there was no clear right or duty to issue the permit.
-
460 F.2d 1196·
5th Cir.·
1972-05-31
·cited 22×
The National Environmental Policy Act of 1969 cannot be applied retroactively to halt construction of a highway project that was substantially completed when the Act became effective.
-
A collective bargaining agreement's mandatory arbitration provision implies a no-strike obligation, allowing for injunctive relief, but the scope of such injunctions must be narrowly tailored to the specific dispute.
-
463 F.2d 304·
D.C. Cir.·
1972-02-29
·cited 22×
The dissenting judge would have remanded the case for a hearing on the merits, arguing that administrative remedies were inadequate for vindicating constitutional rights.
-
In this equity case involving a Panamanian corporation, the trial court found that appellants wrongfully acquired the appellee's stock and operating certificate, valued at $125,000, and awarded the appellee 85% of that value. The appellate court affirmed the equity judgment but r
-
246 So. 2d 162·
Fla. 3d DCA·
1971-03-23
·cited 22×
Sackett, a property owner adjacent to the Cocoplum Properties, sought a temporary injunction to prevent the City of Coral Gables from further considering a proposed zoning amendment. The District Court of Appeal affirmed the denial of the temporary injunction, holding that courts
-
The court held that the District Court erred in deciding the merits of the zoning dispute without first requiring the parties to exhaust administrative remedies before the Board of Zoning Adjustment, applying the doctrine of primary jurisdiction.
-
-
421 F.2d 1162·
D.C. Cir.·
1970-02-06
·cited 22×
Pre-induction judicial review is available when the Selective Service System reclassifies a registrant or issues an induction order under the delinquency regulations, regardless of whether an exemption or deferment is involved.
-
The court held that while the district court's assessment of the impact of misstatements was exaggerated, the misstatements themselves warranted affirming the preliminary injunction against the exchange offer.
-
420 F.2d 607·
D.C. Cir.·
1969-08-29
·cited 22×
The court held that the prisoner's transfer to a mental institution was an administrative matter within the discretion of prison authorities, not requiring a judicial hearing. The court also found no justiciable issue regarding future transfers as none were threatened.
-
414 F.2d 687·
5th Cir.·
1969-08-07
·cited 22×
The court held that the facts presented did not establish a substantial federal question, thus federal courts should not intervene in this local matter.
-
An order granting partial summary judgment for specific performance of a collateral deposit provision in an indemnity agreement is not a final decision and is not appealable as an injunction.
-
406 F.2d 636·
2d Cir.·
1969-01-10
·cited 22×
The court should remand to the District Court for a judicial hearing on the plaintiff's claim that he was ordered inducted by an illegal procedure.
-
391 F.2d 478·
D.C. Cir.·
1968-02-15
·cited 22×
District of Columbia officials were not authorized by Congress to disregard the procedural requirements of D.C. Code Title 7 in planning and constructing freeway projects.
-
The court held that the trial court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to show a likelihood of success on the merits or irreparable harm.
-
386 F.2d 74·
2d Cir.·
1967-11-15
·cited 22×
The court held that the district court erred in denying a mandatory injunction for the return of books seized under a warrant, as state remedies were not adequate for prompt protection of First Amendment rights.
-
378 F.2d 884·
10th Cir.·
1967-06-05
·cited 22×
The court held that the employer's flat monthly salary arrangement did not satisfy the Fair Labor Standards Act's overtime requirements, and the trial court's method of calculating back wages and issuing an injunction was proper.
-
377 F.2d 739·
3d Cir.·
1967-06-02
·cited 22×
An order denying a pre-indictment motion to suppress evidence, even if framed as an equitable action for return of property and injunction, is not an independently appealable final decision under 28 U.S.C. § 1291 or § 1292.
-
355 F.2d 451·
5th Cir.·
1966-01-27
·cited 22×
The Fair Labor Standards Act applies to construction projects with a reasonable expectation of government use, and undistributed wages may be paid into the Treasury.