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

• ST. Louis Cnty. Nat'l Bank v. Mercantile Tr. Co. Nat'l Ass'n & James E. Smith
  548 F.2d 716· 8th Cir.· 1976-12-16 ·cited 12×
  The dissenting judge holds that Mercantile Trust Company's trust office in Clayton, Missouri, is not a branch within the meaning of the McFadden Act and related statutes, and its operation is therefore permissible.
• Limbach Co. v. Gevyn Constr. Corp.
  544 F.2d 1104· 1st Cir.· 1976-10-20 ·cited 12×·via Modification Of Injunction
  The court held that it lacked jurisdiction to hear the appeal because the district court's order was an interlocutory order related to pretrial procedures, not a final decision or an appealable injunction.
• United States v. Haddon Haciendas Co.
  541 F.2d 777· 9th Cir.· 1976-05-25 ·cited 12×
  The court held that general partners can be held personally liable for damages for waste and violations of a regulatory agreement, even after foreclosure, and that funds in a replacement reserve and accumulated by a receiver are not offsets against these damages.
• Shelton v. The Nat'l Collegiate Athletic Ass'n
  539 F.2d 1197· 9th Cir.· 1976-02-23 ·cited 12×·via Preliminary Injunction
  An NCAA rule making a student ineligible for intercollegiate athletics if they have ever signed a professional sports contract is rationally related to the legitimate purpose of preserving amateurism and does not violate the Equal Protection Clause.
• N.C. Ass'n of Black Lawyers v. N.C. Bd. OF LAW Exam'rs
  538 F.2d 547· 4th Cir.· 1976-02-17 ·cited 12×
  The court held that the denial of a protective order under F.R.Civ.P. 26(c) and 45(b) and (d) is not an immediately appealable order under 28 U.S.C. §§ 1291 and 1292.
• Windsor Power House Coal Co. v. Dist. 6 United Mine Workers OF Am.
  530 F.2d 312· 4th Cir.· 1976-02-03 ·cited 12×·via Preliminary Injunction
  The court held that the preliminary injunction was properly issued because the refusal to cross a stranger picket line was subject to the labor contract's arbitration clause, and the contempt order was civil in nature and thus not presently appealable.
• Clarke v. Morgan
  327 So. 2d 769· Fla.· 1975-12-10 ·cited 12×
  The Florida Supreme Court upheld Chapter 69-1651, which authorizes Tampa's Board of Adjustment to grant use variances from zoning ordinances, rejecting the lower court's finding that the statute constituted an unconstitutional delegation of legislative authority. The Court held t
• USM Corp. v. Standard Pressed Steel Co.
  524 F.2d 1097· 7th Cir.· 1975-10-22 ·cited 12×·via Preliminary Injunction
  The court held that entitlement to royalties accruing during patent litigation does not depend on whether they have been paid to the licensor, and thus a preliminary injunction is not necessary to secure potential refunds.
• The Surf Club v. Long
  325 So. 2d 66· Fla. 3d DCA· 1975-10-14 ·cited 12×
  The Surf Club, a nonprofit social club, appeals a judgment declaring that proprietary members own the club's property and franchises and enjoining the club from borrowing money to cover operational losses. The court upheld the judgment, finding that the club's bylaws printed on p
• Recarey v. Rader
  320 So. 2d 28· Fla. 3d DCA· 1975-10-14 ·cited 12×
  The court held that a prior income tax audit does not bar a subsequent excise tax investigation for the same year under 26 U.S.C. § 7605(b), and that the "one inspection" rule does not apply to incomplete investigations or taxes with different reporting periods.
• Maryland-National Cap. Park & Planning Comm'n v. Lynn
  514 F.2d 829· D.C. Cir.· 1975-06-12 ·cited 12×·via Mandatory Injunction
  The court held that the Secretary of HUD did not err in denying approval for the lease of open-space land for an indoor tennis facility due to a restrictive fee schedule, as it was inconsistent with the grant contract's purpose of preserving open-space use and ensuring public acc
• In re Atlanta Int'l Raceway, Inc. v. Cotton
  513 F.2d 546· 5th Cir.· 1975-05-22 ·cited 12×·via Prohibitory Injunction
  A provision for attorney's fees in a promissory note cannot be enforced in a Chapter X reorganization proceeding if the preconditions for validity of the lien for such fees were not met until after the petition was filed and in the face of a prohibitory injunction.
• Soldevila v. Sec'y OF Agric. OF the United States
  512 F.2d 427· 1st Cir.· 1975-03-13 ·cited 12×·via Preliminary Injunction
  The court held that the district court erred in granting a preliminary injunction because the appellee failed to demonstrate extraordinary harm and had not exhausted administrative remedies.
• Anheuser-Busch, Inc. v. Teamsters Local NO. 633
  511 F.2d 1097· 1st Cir.· 1975-02-19 ·cited 12×·via Preliminary Injunction
  The court held that the employer's claimed injury from employees wearing tank-tops pending arbitration was not sufficiently irreparable to justify injunctive relief under the Boys Markets exception to the Norris-LaGuardia Act.
• City OF Orlando v. Orange Cnty.
  309 So. 2d 16· Fla. 4th DCA· 1975-02-14 ·cited 12×
  The City of Orlando appealed the trial court's denial of its motion to dismiss Orange County's complaint seeking to enjoin the city from exercising jurisdiction over three annexed unincorporated islands. The Fourth District Court of Appeal held that quo warranto is the exclusive
• Meeropol v. Nizer
  505 F.2d 232· 2d Cir.· 1974-10-17 ·cited 12×·via Preliminary Injunction
  The court held that the district court had jurisdiction to stay the Connecticut action once Fawcett intervened in the New York action, and that the stay was a proper exercise of discretion.
• Davis v. Davis
  301 So. 2d 154· Fla. 3d DCA· 1974-10-15 ·cited 12×
  In this probate dispute, the court held that a property settlement agreement incorporated into a divorce decree did not divest the former wife of her expectancy interest as a beneficiary of her ex-husband's life insurance policy and profit sharing trust. The court affirmed the tr
• Flavor Corp. OF Am. v. Kemin Indus., Inc.
  503 F.2d 729· 8th Cir.· 1974-10-11 ·cited 12×
  The court held that the district court did not abuse its discretion by clarifying its prior injunction to allow national advertising with a disclaimer, as this was a clarification, not a modification, and balanced the parties' interests.
• N.J. Chapter Inc. of the Am. Physical Therapy Ass'n, Inc. v. The Prudential Life Ins. Co. OF Am.
  502 F.2d 500· D.C. Cir.· 1974-09-06 ·cited 12×·via Preliminary Injunction
  The court held that Prudential's letter was an interpretation of the Medicare Act's reasonable cost limitation, not an agency regulation subject to APA notice-and-comment requirements, and affirmed the dismissal of the suit.
• Columbia Pictures Indus., Inc. v. Am. Broad. Cos., Inc.
  501 F.2d 894· 2d Cir.· 1974-07-03 ·cited 12×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs failed to demonstrate a clear likelihood of success on the merits or irreparable harm, and that serious questions warranted further litigation.
• State OF Ohio ex rel. William J. Brown v. Callaway
  497 F.2d 1235· 6th Cir.· 1974-06-06 ·cited 12×·via Preliminary Injunction
  The court held that while the district court did not abuse its discretion in partially enjoining construction despite inadequate Environmental Impact Statements, it erred in denying intervention as of right to conservation groups, property owners, and the contractors association
• ST. Mary's Hosp. OF E. ST. Louis, Inc. v. Ogilvie
  496 F.2d 1324· 7th Cir.· 1974-05-23 ·cited 12×·via Preliminary Injunction
  The court held that the Economic Stabilization Act regulations applied to Medicaid reimbursements, requiring the hospital to follow administrative procedures for rate increases.
• State of Fla. ex rel. Richard E. Gerstein v. Walvick Theatre Corp.
  298 So. 2d 406· Fla.· 1974-05-01 ·cited 12×
  Florida's Supreme Court reversed a trial court's declaration that the obscenity statute (F.S. § 847.011) was unconstitutional, holding that the statute's provisions allowing both criminal penalties and civil injunctions against obscene materials do not violate due process or doub
• Nader v. Saxbe
  497 F.2d 676· D.C. Cir.· 1974-04-04 ·cited 12×·via Mandatory Injunction
  The court held that plaintiffs lacked standing to sue because the repeal of the Federal Corrupt Practices Act (FCPA) broke the logical nexus between their alleged injury (lack of campaign information) and the prospective relief sought (mandamus to compel prosecutions).
• Yonge v. Reubin O'D. Askew
  293 So. 2d 395· Fla. 1st DCA· 1974-03-14 ·cited 12×·via Mandatory Injunction
  A property owner sought judicial review of a state agency's denial of a dredging permit for a real estate development project on Crystal River. The court held that the agency did not abuse its discretion in denying the permit based on ecological concerns, as the statute required
• Hotel-Motel v. Black Angus OF Lauderhill, Inc.
  290 So. 2d 479· Fla.· 1974-02-20 ·cited 12×
  The Florida Supreme Court resolved a conflict between District Courts of Appeal regarding whether a party may appeal an ex parte temporary restraining order on labor dispute grounds without first moving to dissolve it. The Court held that such an interlocutory appeal is permissib
• Wooten v. The First Nat'l Bank OF ST. Paul
  490 F.2d 1275· 8th Cir.· 1974-02-01 ·cited 12×·via Temporary Injunction
  The court held that appeals from the dismissal of a party and the denial of a three-judge court are not reviewable without a final order, and affirmed the denial of a temporary injunction.
• Nurnberg v. Froehlke
  489 F.2d 843· 2d Cir.· 1973-12-28 ·cited 12×·via Preliminary Injunction
  The court held that there was a basis in fact to support the Army's finding that the petitioner's conscientious objector beliefs had matured prior to his enlistment, and that the lower court erred in imposing a higher burden of proof on the Army.
• Baboun v. Royal Atlas Corp.
  287 So. 2d 407· Fla. 3d DCA· 1973-12-21 ·cited 12×
• Adele Proetta v. Dent
  484 F.2d 1146· 2d Cir.· 1973-09-19 ·cited 12×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction against the City and the EDA, finding insufficient nexus between the City and EDA for NEPA violations and no showing of irreparable harm for the EDA injunction.
• Davis v. Crown Cent. Petroleum Corp.
  483 F.2d 1014· 4th Cir.· 1973-08-21 ·cited 12×·via Preliminary Injunction
  The court held that preliminary injunctive relief was improperly granted because the alleged oral agreements were barred by the Statute of Frauds and the plaintiffs were unlikely to prevail on the merits.
• Ronson Corp. v. Liquifin Aktiengesellschaft
  483 F.2d 846· 3d Cir.· 1973-07-24 ·cited 12×·via Preliminary Injunction
  The court affirmed the district court's preliminary injunction, finding no reversible error in its conclusion that the plaintiff met its burden under Section 14(e) of the Securities Exchange Act of 1934.
• Morris v. Mich. State Bd. OF Educ.
  472 F.2d 1207· 6th Cir.· 1973-01-25 ·cited 12×·via Preliminary Injunction
  The court held that the district court had jurisdiction to issue a preliminary injunction regarding sex discrimination in noncontact interscholastic sports, but the injunction must be modified to exclude contact sports.
• Sec. & Exch. Comm'n v. Koenig
  469 F.2d 198· 2d Cir.· 1972-11-03 ·cited 12×·via Preliminary Injunction
  The court affirmed the district court's order preliminarily enjoining securities law violations and appointing a receiver, finding sufficient undisputed evidence to support the findings and that the relief granted was proper.
• Bankers Life & Cas. Co. v. The Vill. OF N. Palm Beach
  469 F.2d 994· 5th Cir.· 1972-08-14 ·cited 12×·via Mandatory Injunction
  The court held that the trial court erred in enjoining the Army Corps of Engineers to issue a permit, as permit issuance is discretionary and subject to evolving legal standards, and that the state law issue regarding title to submerged lands requires further proceedings.
• Donohoe v. Duling
  465 F.2d 196· 4th Cir.· 1972-08-01 ·cited 12×
  The court held that the plaintiffs lacked standing because they failed to demonstrate a specific present objective harm or a threat of future harm resulting from the police surveillance and photography practices.
• Clean AIR Coordinating Comm. v. Roth-Adam Fuel Co.
  465 F.2d 323· 7th Cir.· 1972-07-03 ·cited 12×·via Preliminary Injunction
  The Federal Anti-injunction Act prohibits federal courts from enjoining state court proceedings unless expressly authorized by Congress, and the Clean Air Act does not provide such authorization.
• United States v. Dinneen
  463 F.2d 1036· 10th Cir.· 1972-06-30 ·cited 12×·via Preliminary Injunction
  The court held that the evidence was sufficient to support the conviction for criminal contempt, and that the defendant knowingly and intelligently waived his right to counsel.
• P. Daussa Corp. & Sutton Cosmetics, Inc. v. Sutton Cosmetics (P.R.) Inc.
  462 F.2d 134· 2d Cir.· 1972-06-20 ·cited 12×·via Preliminary Injunction
  The court held that confusing similarity between marks, coupled with priority of use, is sufficient to warrant a preliminary injunction in a trademark case.
• Palmer Johnson, Inc. v. Buxton
  262 So. 2d 892· Fla. 2d DCA· 1972-04-28 ·cited 12×
  Palmer Johnson, Inc. appeals a default judgment entered against it while the parties were engaged in good-faith arbitration efforts to resolve their yacht purchase dispute. The court reverses, finding the default was taken against a defendant who reasonably believed arbitration w
• Com-Share, Inc. v. Computer Complex, Inc.
  458 F.2d 1341· 6th Cir.· 1972-04-18 ·cited 12×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in granting a preliminary injunction.
• Costandi v. Aamco Automatic Transmissions, Inc.
  456 F.2d 941· 9th Cir.· 1972-03-07 ·cited 12×·via Injunction Pendente Lite
  The court held that the trial court did not abuse its discretion in issuing a preliminary injunction against franchisees using the AAMCO trademark.
• Benita Garvin v. Rosenau
  455 F.2d 233· 6th Cir.· 1972-02-07 ·cited 12×
  The court held that the district court erred in abstaining from hearing a First Amendment claim concerning student group recognition, as abstention is only appropriate in narrowly limited circumstances not present here. The court also held the federal question presented was subst
• Gordon v. Leatherman
  450 F.2d 562· 5th Cir.· 1971-11-08 ·cited 12×
• McCLENDON v. Winton M. Blount
  452 F.2d 381· 7th Cir.· 1971-11-04 ·cited 12×
  The court held that the plaintiff failed to state a claim upon which relief could be granted and that the cause of action was barred by res judicata.
• Robinson v. Grier Davis
  447 F.2d 753· 4th Cir.· 1971-09-08 ·cited 12×
  The court held that the college's actions in a narcotics investigation, due to its entanglement with municipal services, constituted state action subject to the Fourteenth Amendment's due process clause.
• Phillips v. Shannon
  445 F.2d 460· 7th Cir.· 1971-07-02 ·cited 12×
  A dismissal with prejudice, even if without a full trial on the merits, constitutes an adjudication on the merits for the purposes of res judicata.
• United States v. Nat'l Lead Co.
  438 F.2d 935· 8th Cir.· 1971-02-26 ·cited 12×·via Preliminary Injunction
  The court held that the district court did not err in denying a preliminary injunction because the full impact of alleged discriminatory seniority practices was unclear on the record, and resolution of complex issues like foreman selection and hiring practices should await a full
• Hillsborough Cnty. Aviation Auth. v. Taller & Cooper, Inc.
  245 So. 2d 100· Fla. 2d DCA· 1971-02-19 ·cited 12×
  The Hillsborough County Aviation Authority appealed a judgment invalidating its contract award for a revenue control system at Tampa airport, arguing that the lower court erred in holding that competitive bids containing optional maintenance provisions for future years violated F
• Toye Bros. v. Irby
  437 F.2d 806· 5th Cir.· 1971-02-01 ·cited 12×
  A state agency cannot deny an interstate carrier access to airport facilities when it holds valid ICC authority, as this unduly burdens interstate commerce. A fee based on a percentage of gross receipts for the use of airport facilities is permissible compensation and not an unco