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
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The court affirmed the preliminary injunction's freeze on accounts and preservation of records, but vacated the prohibition on future violations due to insufficient evidence. It found personal jurisdiction and proper service existed, and that the evidence supported a strong prima
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908 F.2d 706·
11th Cir.·
1990-07-24
·cited 15×
The court held that Salsbury's multi-step process for producing its vaccine constituted a trade secret under Georgia law and that the defendants misappropriated this trade secret, making them liable.
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907 F.2d 277·
2d Cir.·
1990-06-27
·cited 15×
The court held that the district court's injunction, channeling all litigation concerning the Consent Decree to the Southern District of New York, was a valid exercise of authority under the All Writs Act to protect its jurisdiction.
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The court held that the plaintiffs had standing to challenge the Air Force's decision to convert COCESS operations and that the decision was not committed to unreviewable agency discretion.
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875 F.2d 1174·
5th Cir.·
1989-06-27
·cited 15×
The court held that it has jurisdiction to hear the appeal of a preliminary injunction and that the injunction was properly granted. Petrobras is not immune from suit due to a waiver of sovereign immunity in the contract.
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The court held that a temporary injunction was improperly issued because the moving party failed to demonstrate a clear legal right or a basis for trade secret appropriation or tortious interference.
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858 F.2d 115·
2d Cir.·
1988-09-22
·cited 15×
The court held that RICO's forfeiture statute permits restraining orders against unindicted third parties in possession of potentially forfeitable assets, but such orders must be supported by a finding that restraints on the defendants' individual assets are insufficient to prese
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The court held that it was an abuse of discretion for the district court to allow agency fees to be collected and placed in an escrow account when it found the procedures likely unconstitutional.
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The court held that the National Defense Authorization Act prohibits construction until all required permits, including the Washington Shoreline Management Act permit, are issued, and that the environmental groups have standing to seek an injunction.
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The court held that federal courts should abstain from hearing claims seeking to enjoin pending state administrative proceedings, but not claims for monetary damages or challenges to unrelated state statutes.
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The appellate court affirmed the trial court's grant of a temporary injunction, finding no abuse of discretion.
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The court held that while a preliminary injunction was warranted, its scope was overly broad by prohibiting any descriptive use of the plaintiff's name and product numbers.
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512 So. 2d 258·
Fla. 1st DCA·
1987-08-24
·cited 15×
The Florida Department of Environmental Regulation (DER) appeals a trial court's grant of partial summary judgment to C.P. Developers regarding jurisdictional determinations under the Warren S. Henderson Wetlands Protection Act of 1984. The court reverses, holding that genuine di
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499 So. 2d 905·
Fla. 1st DCA·
1986-12-22
·cited 15×
The Florida appellate court reversed a trial court's order allowing parties to intervene in a concluded declaratory judgment action challenging the constitutionality of a state retirement statute. The court held that intervention after final judgment and appellate affirmance is g
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The court held that an exclusive distributor who has developed separate goodwill in the United States for a foreign-manufactured product can own the U.S. trademark and is entitled to protection under Section 526 of the Tariff Act of 1930 against the importation of genuine goods b
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The court held that the trial court erred in directing a verdict for the defendants on the trade secret misappropriation claim, as a reasonable jury could find that a trade secret existed and was misappropriated. The court also found that the trial court abused its discretion in
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478 So. 2d 1107·
Fla. 4th DCA·
1985-11-06
·cited 15×
The Pahokee Housing Authority violated an exclusive garbage collection franchise held by South Florida Sanitation Company by collecting its own waste. While the trial court correctly found the violation, it erred in calculating damages by treating all overhead as variable rather
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The court held that the plaintiff-producers lacked standing to seek judicial review of the Secretary's marketing order because the relief sought could not cure their alleged injury.
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The court affirmed the district court's confirmation of the arbitration award and its award of attorneys' fees and costs, finding that the district court had jurisdiction and that the opposition to confirmation was frivolous.
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The district court had jurisdiction to consider the pre-award government contract dispute, and its denial of a preliminary injunction was proper because the plaintiff failed to demonstrate illegality or irrationality in the agency's decision, nor irreparable harm.
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The court held that the arrest of salvaged property in rem provided the district court with jurisdiction over the salvage operation, and that Captain Jordan's actions constituted a breach of his contract with Treasure Salvors.
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The court held that the union failed to demonstrate irreparable harm necessary to justify an injunction against the employer's job reclassification, and that the order to arbitrate was unnecessary as the employer was willing to arbitrate.
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Seminole County and Magnolia Service Corporation appealed a permanent injunction prohibiting surface water flow onto the Mertz property, claiming the trial court misapplied Florida water law. The court affirmed the injunction, finding that the developers unlawfully diverted diffu
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The court held that issuing a preliminary injunction based on disputed factual issues without allowing live testimony constitutes an abuse of discretion, but an injunction based on legal conclusions from documentary evidence is permissible.
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The court held that the evidence was sufficient to establish that the defendant's corporations constituted a single enterprise under the FLSA and that he was an employer, and that the back wages calculation was based on admissible evidence.
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409 So. 2d 1162·
Fla. 3d DCA·
1982-02-16
·cited 15×
Florida appellate court affirmed the trial court's injunction order and contempt conviction, finding no abuse of discretion and sufficient evidence supporting the sanctions.
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The court held that it lacked jurisdiction to hear the appeal because the partial summary judgment was not certified as final and the denial of the preliminary injunction was not properly before the court.
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The court held that the "agents" operating Sureway's retail outlets remained employees under the Fair Labor Standards Act despite contractual changes, and that the statute of limitations does not apply to civil contempt proceedings enforcing a prior injunction.
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The court found that the President had adequate Congressional authority under IEEPA to settle the claim, making the question of inherent Article II power unnecessary.
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611 F.2d 1277·
9th Cir.·
1980-01-17
·cited 15×
The court held that the Surface Resources and Multiple Use Act of 1955 grants the general public the right to use the surface of unpatented mining claims for recreational purposes and access to adjacent lands, without requiring specific governmental permits or licenses.
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576 F.2d 388·
1st Cir.·
1978-05-23
·cited 15×
The court held that the evidence was sufficient to support the criminal contempt convictions of the Union and its Secretary-Treasurer, and that claims regarding wiretapping and selective prosecution were without merit.
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An out-of-court admission that conduct was motivated by racial prejudice can be explained away in court, and a jury verdict finding race was not a significant factor will be upheld if supported by evidence.
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The court held that the denial of a preliminary injunction was proper because the Commonwealth failed to demonstrate irreparable injury from the withholding of Medicaid funds.
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The dissenting judge would affirm the trial court's decision.
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A county has the common law right to place a governmental facility where it directs, notwithstanding zoning classifications, unless there is an affirmative showing of waiver in the zoning ordinance.
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473 F.2d 832·
5th Cir.·
1973-02-09
·cited 15×
The court held that while enjoining exclusive use of public recreational facilities by racially segregated private schools is permissible to further desegregation, enjoining non-exclusive use by such students or by non-school discriminatory organizations is overbroad.
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465 F.2d 1081·
8th Cir.·
1972-07-20
·cited 15×
An Arkansas statute requiring premium overtime pay for female employees is valid and does not conflict with Title VII of the Civil Rights Act of 1964, as the conflict can be resolved by extending the same premium pay to male employees.
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The court held that performing songs from a copyrighted opera in sequence, without costumes or scenery but with gestures and role-playing, constitutes a dramatic performance infringing the copyright, and that advertising such performances as being from the opera constitutes unfai
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441 F.2d 495·
5th Cir.·
1971-04-26
·cited 15×
The court held that absent co-owners were not indispensable parties and that the district court had discretion to enjoin prosecution of foreign suits based on an invalid contract.
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440 F.2d 255·
D.C. Cir.·
1971-02-09
·cited 15×
The court held that the First Amendment claim was not ripe for decision because the agency failed to provide a statement of the basis for its action, and remanded for consideration of compliance with the Administrative Procedure Act.
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The court ordered the parties to submit the dispute regarding the union's right to instruct members to honor a sister union's picket lines to the System Adjustment Board for prompt resolution.
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232 So. 2d 219·
Fla. 4th DCA·
1970-02-25
·cited 15×
An agreement by an agent with their principal to refrain from engaging in a similar business within a limited time and area is valid under the statutory exception for agents.
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The court held that the licensing agreement was ambiguous regarding the transferability of the patent license and that the trial court erred in refusing to consider parol evidence.
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211 So. 2d 250·
Fla. 3d DCA·
1968-06-04
·cited 15×
Connecticut General Life Insurance Company and related entities challenged the Dade County Commission's unauthorized increase of the Fontainebleau Hotel's tax assessment after the assessment roll had been certified. The Florida appellate court affirmed that the county lacked stat
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Administrative inspections of private dwellings without a warrant violate the Fourth Amendment's protection against unreasonable searches and seizures.
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173 So. 2d 176·
Fla. 2d DCA·
1965-02-19
·cited 15×
St. Petersburg Methodist Home, Inc., a non-profit retirement residence, sought property tax exemption claiming charitable status. The Florida appellate court reversed the trial court's exemption grant, holding that the home did not qualify as a charitable institution under Florid
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The court held that the district court did not abuse its discretion in including specific language in the permanent injunction, as it clarified the scope of the prohibited activity.
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151 So. 2d 331·
Fla. 2d DCA·
1963-03-20
·cited 15×
Orange Lake Homes, Inc. challenged the tax assessment of agreements for deed as Class D intangible property, arguing they should be classified as Class C intangibles under Florida law. The court held that agreements for deed constitute obligations secured by vendor's liens, quali
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314 F.2d 124·
2d Cir.·
1963-02-25
·cited 15×
A federal court should not exercise jurisdiction under the Declaratory Judgments Act to resolve issues pending before a local trademark registration authority, especially when doing so would interfere with established administrative procedures.