Injunction

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

• S. J. Stile Assocs. Ltd. v. Snyder
  646 F.2d 522· C.C.P.A.· 1981-04-02 ·cited 14×·via Preliminary Injunction
  The court held that the trial court did not err in denying a preliminary injunction because the brokers failed to demonstrate a sufficient showing of irreparable harm and the public interest favored implementing the Customs Service's corrective action.
• Reynolds v. Sheet Metal Workers
  702 F.2d 221· D.C. Cir.· 1981-03-31 ·cited 14×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against the union's apprentice selection criteria, nor did it lack jurisdiction over the case.
• Tate v. Am. Tugs, Inc.
  634 F.2d 869· 5th Cir.· 1981-01-20 ·cited 14×·via Preliminary Injunction
  An injured seaman cannot use a preliminary injunction to compel an employer to pay a higher daily rate for maintenance when payments are already being made and a speedy trial on the merits is available.
• Chartwell Commc'ns Grp. v. Westbrook
  637 F.2d 459· 6th Cir.· 1980-12-29 ·cited 14×·via Preliminary Injunction
  The court held that over-the-air subscription television (STV) is not 'broadcasting' for the use of the general public under Section 605 of the Communications Act, and therefore its unauthorized interception is prohibited, and an implied private right of action exists under the s
• Fed. Trade Comm'n v. Exxon Corp.
  636 F.2d 1336· D.C. Cir.· 1980-12-23 ·cited 14×·via Preliminary Injunction
  The court held that a district court may prohibit an attorney-client relationship between a parent company's counsel and a wholly-owned subsidiary subject to a hold separate order, if necessary to prevent conflicts of interest arising from potential divestiture.
• The DOW Chem. Co. v. Nat'l Labor Relations Bd.
  636 F.2d 1352· 3d Cir.· 1980-11-26 ·cited 14×·via Boys Markets Injunction
  The dissent argues that the Board should have considered whether contract termination was justified after the company failed to exhaust grievance procedures or court options, even with an illegal strike.
• Harvey v. Wittenberg
  384 So. 2d 940· Fla. 3d DCA· 1980-06-17 ·cited 14×
  The Florida District Court of Appeal affirmed a temporary injunction against Harvey and Monroy for unlawful practice of dentistry. The court held that irreparable harm is presumed when a statute is designed to protect the public interest and specifically authorizes injunctive rel
• Orange Gardens Civic Ass'n v. Harris
  382 So. 2d 1340· Fla. 5th DCA· 1980-04-30 ·cited 14×
  The court held that the trial court erred in granting summary judgment because the terms 'front lot line' and 'side street line' in the restrictive covenant were not so ambiguous as to be unenforceable, and the ordinary meaning of the terms applied to the corner lot.
• United Parcel Serv., Inc. v. United States Postal Serv.
  615 F.2d 102· 3d Cir.· 1980-02-05 ·cited 14×·via Preliminary Injunction
  The court held that the Postal Service's proposed changes constituted a rate change, not merely a classification change, and were therefore subject to a longer waiting period before temporary implementation.
• Munoz v. Cnty. OF Imperial
  604 F.2d 1174· 9th Cir.· 1979-07-26 ·cited 14×·via Preliminary Injunction
  The court held that the Anti-Injunction Act and res judicata did not bar the federal district court from issuing a preliminary injunction against a county's enforcement of a water export restriction, as the constitutional issue was not decided in state court and the injunction ta
• McCACHREN v. United States Dep't OF Agric.
  599 F.2d 655· 5th Cir.· 1979-07-26 ·cited 14×·via Preliminary Injunction
  The court held that the McCachrens' admitted default meant they had no property interest sufficient to require a due process hearing before foreclosure, and thus the denial of a preliminary injunction was proper.
• Wash. Steel Corp. v. TW Corp.
  602 F.2d 594· 3d Cir.· 1979-07-20 ·cited 14×·via Injunction Bond
  A commercial bank is not per se precluded from financing one client's takeover of another client, even if the bank has a lending relationship and received confidential information from the target company.
• Am. Motors Corp. v. Fed. Trade Comm'n
  601 F.2d 1329· 6th Cir.· 1979-07-02 ·cited 14×·via Preliminary Injunction
  The court held that the district court's pretrial management order constituted a preliminary injunction, making it appealable, and that the plaintiffs failed to exhaust their administrative remedies with the FTC before seeking equitable relief.
• Libby ROD & GUN Club v. Poteat
  594 F.2d 742· 9th Cir.· 1979-03-15 ·cited 14×·via Preliminary Injunction
  The court held that specific appropriations for the Libby Additional Units and Reregulating Dam project (LAURD) constituted sufficient congressional authorization and consent under 33 U.S.C. § 401 for the expenditures.
• Hialeah, Inc. v. B & G Horse Transp., Inc.
  368 So. 2d 930· Fla. 3d DCA· 1979-03-09 ·cited 14×·via Temporary Injunction
  B & G Horse Transportation sought a temporary injunction to prevent competitors from operating an intertrack horse transportation service without obtaining a certificate from the Florida Public Service Commission. The court reversed the injunction, holding that Section 323.24 aut
• BAY Area News, Inc. v. POE
  364 So. 2d 830· Fla. 2d DCA· 1978-11-22 ·cited 14×
  Bay Area News, Inc. and other adult bookstore operators challenged the constitutionality of Tampa City Code § 20-65, which authorized the city to revoke business licenses upon conviction of crimes involving moral turpitude committed in the course of the licensed business. The cou
• Gabrilowitz v. Newman
  582 F.2d 100· 1st Cir.· 1978-06-21 ·cited 14×·via Preliminary Injunction
  The court held that denying a student the right to consult with and be advised by counsel during a disciplinary hearing, when a related criminal case is pending, deprives the student of due process.
• Selchow & Righter Co. v. McGRAW-Hill Book Co.
  580 F.2d 25· 2d Cir.· 1978-06-19 ·cited 14×·via Preliminary Injunction
  The court affirmed the grant of a preliminary injunction, finding the district court did not abuse its discretion in determining that the plaintiff showed a likelihood of irreparable injury and substantial questions going to the merits, with a balance of hardships tipping in its
• Allstate Ins. Co. v. Langston
  358 So. 2d 1387· Fla. 3d DCA· 1978-06-06 ·cited 14×
  Allstate Insurance Company appealed a judgment confirming an arbitration award of $40,000 to Langston for uninsured motorist coverage. The court reversed the July 28, 1977 judgment that awarded the full $40,000, holding that the arbitration award properly remained subject to a ju
• Dep't OF Revenue of Fla. v. Young Am. Builders
  358 So. 2d 1096· Fla. 1st DCA· 1978-04-12 ·cited 14×
  The Department of Revenue appealed a trial court's decision striking down a Florida administrative rule (Rule 12A-4.13(22)) that required documentary stamp tax on the total price of both land and improvements in certain real estate transactions involving related entities. The cou
• Fifty-Six Sixty Collins Ave. Condo., Inc. v. Dawson
  354 So. 2d 432· Fla. 3d DCA· 1978-01-24 ·cited 14×
  A condominium association sought to enjoin a unit owner from installing shutters on her balcony, but the trial court found the association was estopped from denying the owner's right to install them based on prior board approval and the owner's reliance. The appellate court affir
• High Ridge Mgmt. Corp. v. State
  354 So. 2d 377· Fla.· 1977-12-22 ·cited 14×
  The Florida Supreme Court invalidated a nursing home rating system established by the Omnibus Nursing Home Reform Act of 1976 as an unconstitutional delegation of legislative authority for failing to provide objective guidelines and standards, while severing the unconstitutional
• Winter v. Playa del SOL, Inc.
  353 So. 2d 598· Fla. 4th DCA· 1977-12-13 ·cited 14×·via Mandatory Injunction
  The court held that the statutory right to inspect condominium records includes the right to make handwritten notations from those records.
• Monroe Division v. DE Bari
  562 F.2d 30· 10th Cir.· 1977-09-26 ·cited 14×·via Wrongful Injunction
  The court held that a party seeking damages for a wrongful preliminary injunction is entitled to a hearing, even if security was not posted, and that the plaintiff's financial strength does not negate liability.
• The United Faculty OF Fla. FEA/United v. Branson
  350 So. 2d 489· Fla. 1st DCA· 1977-09-20 ·cited 14×
  Four consolidated cases challenging a faculty union election in Florida's State University System. The court held that signature cards used to establish union interest are exempt from the Public Records Act and that challengers must raise objections timely and with proper standin
• Mehdi Hussain and Dolat M. Hussain v. Bache & Co., Inc.
  562 F.2d 1287· D.C. Cir.· 1977-08-12 ·cited 14×
  An order staying proceedings pending arbitration is not appealable if the underlying claim is primarily equitable in nature, even if legal claims are also present.
• Magill v. Lynch
  560 F.2d 22· 1st Cir.· 1977-07-25 ·cited 14×·via Preliminary Injunction
  A city may constitutionally restrict its employees' participation in nominally nonpartisan elections if political parties play a significant role in those campaigns.
• Taunton Gardens Co. v. Hills
  557 F.2d 877· 1st Cir.· 1977-05-31 ·cited 14×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in staying proceedings pending resolution of a related appeal, nor in denying a preliminary injunction.
• The Herald Co. v. McNEAL
  553 F.2d 1125· 8th Cir.· 1977-04-13 ·cited 14×
  The court held that the District Court properly abstained from deciding claims based on state law that could resolve federal constitutional issues, but should have retained jurisdiction rather than dismissing. Abstention was inappropriate for a claim challenging a state constitut
• Grutka v. Barbour
  549 F.2d 5· 7th Cir.· 1977-02-02 ·cited 14×·via Preliminary Injunction
  The district court lacked jurisdiction to enjoin the National Labor Relations Board's proceedings because the constitutional challenge raised factual issues requiring exhaustion of administrative remedies.
• Fed. Trade Comm'n v. Atl. Richfield Co. & the Anaconda Co.
  549 F.2d 289· 4th Cir.· 1977-01-12 ·cited 14×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction, finding that the FTC failed to show a substantial likelihood of prevailing on the merits of its antitrust claims regarding the merger's anticompetitive effects.
• Fed. Trade Comm'n v. Food Town Stores, Inc.
  547 F.2d 247· 4th Cir.· 1977-01-04 ·cited 14×·via Injunction Pending Appeal
  The court held that when a case becomes moot pending appeal due to events beyond the parties' control, the appellate court should vacate the lower court's judgment to prevent res judicata effect, but not vacate interlocutory orders like injunctions pending appeal.
• Collier Land Corp. v. Royal Palm Beach Realty, Inc.
  338 So. 2d 859· Fla. 3d DCA· 1976-09-28 ·cited 14×
  Appellants appealed an order compelling arbitration of a real estate development dispute under a written agreement containing an arbitration clause. The court affirmed, holding that the arbitration provision in Paragraph 38 was valid and enforceable under Florida law, requiring t
• Kelly Servs., Inc. v. Johnson
  542 F.2d 31· 7th Cir.· 1976-08-19 ·cited 14×
  The court held that the district court erred in refusing to abstain from hearing a case involving the interpretation of a state statute regulating employment agencies, as the issues touched upon traditional state concerns and had not been construed by a state court.
• Equal Emp. Opportunity Comm'n v. Pac. Press Publ'g Ass'n & Gen. Conf. of Seventh-Day Adventists
  535 F.2d 1182· 9th Cir.· 1976-05-12 ·cited 14×·via Preliminary Injunction
  The court held that the district court erred in issuing a preliminary injunction under 42 U.S.C. § 2000e-5(f)(2) because the statutory authority for such relief terminates with the EEOC's administrative process, not the resolution of private suits.
• Hamilton v. Tenn. Secondary Sch. Athletic Ass'n
  552 F.2d 681· 6th Cir.· 1976-04-08 ·cited 14×·via Preliminary Injunction
  The court held that the privilege of participating in interscholastic athletics is not protected by the Fourteenth Amendment's due process clause.
• Barrett v. Smith
  530 F.2d 829· 9th Cir.· 1975-12-12 ·cited 14×·via Preliminary Injunction
  The court held that a pre-termination hearing is not constitutionally required for public employees in all circumstances, and the appellant failed to establish a likelihood of prevailing on the merits or suffering irreparable harm.
• Organized Migrants IN Cmty. Action, Inc. v. Brennan
  520 F.2d 1161· D.C. Cir.· 1975-10-09 ·cited 14×·via Mandatory Injunction
  The court held that the Environmental Protection Agency (EPA) has statutory authority under the Federal Environmental Pesticide Control Act (FEPCA) to regulate farmworker exposure to pesticides, and by exercising this authority, has preempted the Secretary of Labor's jurisdiction
• Swinscoe v. State
  320 So. 2d 11· Fla. 4th DCA· 1975-10-03 ·cited 14×
  Peter and Chloe Swinscoe appealed an interlocutory order transferring their lawsuit against the Florida Department of Revenue from Broward County to Leon County. The District Court of Appeal reversed, holding that because the Department of Revenue took official tax collection act
• Plain Dealer Publ'g Co. v. Cleveland Typographical Union # 53
  520 F.2d 1220· 6th Cir.· 1975-08-15 ·cited 14×·via Preliminary Injunction
  The court held that the exception to the Norris-LaGuardia Act's anti-injunction provision, as established in Boys Markets, does not permit an injunction against unions engaged in a work stoppage out of deference to another union's lawful picket line, especially when the work stop
• Associated Gen. Contractors OF Minn. v. Int'l Union OF Operating Eng'rs Twin City Local NO. 49
  519 F.2d 269· 8th Cir.· 1975-07-29 ·cited 14×
  The court held that a work stoppage due to a sympathy strike is an arbitrable dispute under collective bargaining agreements containing no-strike clauses and arbitration provisions, and an injunction pending arbitration is appropriate under Boys Markets if equitable prerequisites
• Erle E. Peacock, Jr. v. Bd. OF Regents OF the Univs. & State Colleges OF Ariz.
  510 F.2d 1324· 9th Cir.· 1975-02-04 ·cited 14×·via Preliminary Injunction
  The court held that a post-suspension hearing, rather than a pre-suspension hearing, was sufficient to satisfy due process for a university department head suspended from administrative duties, given the university's interest in efficient administration.
• DOE v. Mundy
  514 F.2d 1179· 7th Cir.· 1975-01-30 ·cited 14×·via Preliminary Injunction
  The court affirmed the district court's order granting a preliminary injunction, finding that the hospital's rule restricting abortions was likely unconstitutional and that the injunction was properly issued.
• State OF Neb. v. Norbert T. Tiemann
  510 F.2d 446· 8th Cir.· 1975-01-28 ·cited 14×·via Preliminary Injunction
  The denial of a temporary restraining order and preliminary injunction is affirmed because the state failed to demonstrate a substantial probability of success on the merits regarding the Administrator's decision to withhold federal highway funds.
• In re Boston & Providence R.R. Corp. In re Boston & Providence R.R. Dev. Grp.
  501 F.2d 545· 1st Cir.· 1974-07-17 ·cited 14×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction and the order barring claims against the Charge Trustee, but remanded the award of attorney's fees for further proceedings.
• Izaak Walton League OF Am. v. ST. Clair
  497 F.2d 849· 8th Cir.· 1974-05-17 ·cited 14×
  The court held that the doctrine of primary jurisdiction required the Forest Service to first determine whether a permit for mining activities should be issued within the BWCA, suspending judicial proceedings until that administrative determination was made.
• Hart v. The Cmty. Sch. Bd. OF Brooklyn
  497 F.2d 1027· 2d Cir.· 1974-05-16 ·cited 14×
  The court held that the district court's order postponing the effective date of desegregation was not an appealable order, and therefore dismissed the appeal.
• Hiram B. ELY v. Velde
  497 F.2d 252· 4th Cir.· 1974-05-08 ·cited 14×·via Application For Injunction
  A state cannot retain federal funds allocated for a project while simultaneously constructing that project without complying with federal environmental laws (NEPA and NHPA).
• Berrigan v. Sigler
  499 F.2d 514· D.C. Cir.· 1974-05-01 ·cited 14×
  The court held that the Parole Board's denial of a parolee's request to travel to North Vietnam was a valid exercise of its supervisory authority, considering both the parolee's status and national interest concerns.
• Bethlehem Mines Corp. v. United Mine Workers OF Am.
  494 F.2d 726· 3d Cir.· 1974-03-20 ·cited 14×
  The court held that Bethlehem was not contractually obligated to accept Mr. Shadden as a permanent umpire, and the District Court did not err in enjoining a strike to enforce that demand.