Injunctive Relief

8,031 Florida cases classified under this topic, plus 5,116 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Australia Johnson v. Glick
  481 F.2d 1028· 2d Cir.· 1973-06-29 ·cited 547×
  The court held that a single, isolated incident of alleged unnecessary force by a prison guard does not rise to the level of a constitutional deprivation actionable under 42 U.S.C. § 1983.
• Sec. & Exch. Comm'n v. Tex. Gulf Sulphur Co.
  401 F.2d 833· 2d Cir.· 1968-08-13 ·cited 505×
• Lainhart v. Catts
  73 Fla. 735· Fla.· 1917-03-29 ·cited 325×·via Injunction
  Lainhart challenged the constitutionality of the Everglades Drainage District Act, claiming that the special acreage tax imposed on his lands violated Florida constitutional provisions regarding taxation, due process, and equal protection. The Florida Supreme Court upheld the Act
• Rush Pettway v. Am. Cast Iron Pipe Co.
  494 F.2d 211· 5th Cir.· 1974-04-29 ·cited 319×·via Injunction
  The court affirmed the result regarding assigned errors, finding it consistent with precedent and Title VII's remedial aims.
• Rowe v. Gen. Motors Corp.
  457 F.2d 348· 5th Cir.· 1972-03-02 ·cited 312×·via Injunction
  The court held that General Motors' promotion and transfer procedures at its Atlanta plant violated Title VII by operating to 'freeze' past discriminatory practices and create barriers for Black employees.
• Pitney Bowes, Inc. v. Celina Mestre
  701 F.2d 1365· 11th Cir.· 1983-04-04 ·cited 288×·via Injunction
  The court held that it lacked jurisdiction to hear Pitney Bowes' appeal regarding the Rotary Collator Agreement and post-expiration rights because those issues were not finally decided by the district court. The court affirmed the district court's judgment regarding the Vertical
• Weinberger v. The Bd. of Pub. Instruction of St. Johns Cnty.
  93 Fla. 470· Fla.· 1927-03-10 ·cited 274×·via Injunction
  A Florida property owner challenged school district bonds whose maturity schedule violated the state Constitution's mandatory requirements. The Supreme Court held that bonds issued in violation of express constitutional provisions are void ab initio and cannot be validated by leg
• Neill G. Wade v. Clower
  94 Fla. 817· Fla.· 1927-10-31 ·cited 247×·via Injunction
  The Florida Supreme Court affirmed a state court's award of attorney's fees and costs in a partnership accounting suit, holding that a subsequent federal court judgment settling the partnership accounting did not bar the state court from adjudicating fees and costs that were not
• Reubin Askew v. Firestone
  421 So. 2d 151· Fla.· 1982-10-21 ·cited 242×
  The Florida Supreme Court reversed a trial court order validating a ballot caption and summary for a proposed constitutional amendment (SJR 1035) that would weaken the lobbying restrictions on former legislators and statewide elected officers contained in the Sunshine Amendment.
• The City of Miami Beach v. Ocean & Inland Co.
  147 Fla. 480· Fla.· 1941-06-13 ·cited 241×·via Injunction
  Miami Beach challenged a chancery court decree that enjoined enforcement of a zoning ordinance restricting the plaintiff's property to hotel and apartment use while allowing business use on adjacent Lincoln Road property. The Florida Supreme Court reversed, holding that the zonin
• Martinez v. Scanlan
  582 So. 2d 1167· Fla.· 1991-06-06 ·cited 228×
  The Florida Supreme Court reviewed the trial court's declaration that chapter 90-201 (the Comprehensive Economic Development Act of 1990) was unconstitutional on single subject and separation of powers grounds. The Court upheld the single subject violation but reversed portions o
• Winfield v. Division OF Pari-Mutuel Wagering
  477 So. 2d 544· Fla.· 1985-10-10 ·cited 225×
  The Florida Supreme Court held that Article I, Section 23 of the Florida Constitution protects a legitimate expectation of privacy in financial institution records, but this protection does not prevent government agencies from subpoenaing bank records without notice when the stat
• State of Fla. ex rel. Dep't OF Gen. Servs. v. Willis
  344 So. 2d 580· Fla. 1st DCA· 1977-03-29 ·cited 224×
  Florida's District Court of Appeal held that circuit courts lack jurisdiction to enjoin agency action when adequate remedies are available under the 1974 Administrative Procedure Act, even though circuit courts retain equitable powers to issue injunctions in limited circumstances
• Jackson v. Bishop
  404 F.2d 571· 8th Cir.· 1968-12-09 ·cited 224×
  The Eighth Amendment's prohibition against cruel and unusual punishments applies to state prisons and bars the use of the strap for disciplinary purposes, regardless of any safeguards.
• United States v. Allegheny-Ludlum Indus., Inc.
  517 F.2d 826· 5th Cir.· 1975-08-18 ·cited 219×
  The court held that intervention as of right was not conferred by Congress in this 'pattern or practice' action under Title VII § 707, and thus NOW's appeal for organizational intervention was dismissed for want of jurisdiction.
• Moore v. Stevens
  90 Fla. 879· Fla.· 1925-12-19 ·cited 213×·via Injunction
  In this restrictive covenant case, the Florida Supreme Court affirmed an injunction preventing a vocal music teacher from using his residence as a music studio in violation of a restrictive covenant limiting the property to "residence purposes only." The court held that while inc
• Jones v. Diamond
  636 F.2d 1364· 5th Cir.· 1981-01-29 ·cited 208×
  The court held that the district court's grant of injunctive relief was appropriate, and that while circumstances had changed, the record did not show a total change warranting dismissal or reversal of the relief.
• Rev. Dr. James Armstrong v. Harris
  773 So. 2d 7· Fla.· 2000-09-07 ·cited 206×
  The Florida Supreme Court invalidated Constitutional Amendment No. 2, which would have altered the state's Cruel or Unusual Punishment Clause by requiring its interpretation to conform to federal constitutional standards and authorizing the death penalty. The Court held that the
• John H. Harland Co. v. Clarke Checks, Inc.
  711 F.2d 966· 11th Cir.· 1983-08-08 ·cited 204×
  The court held that Harland's Memory Stub product was not copyrightable as a blank form, but affirmed the jury's finding of trademark and trade dress infringement based on a likelihood of confusion.
• United States v. Jacksonville Terminal Co.
  451 F.2d 418· 5th Cir.· 1971-08-31 ·cited 204×
• Wetzel v. Liberty Mut. Ins. Co.
  508 F.2d 239· 3d Cir.· 1975-01-23 ·cited 200×
  The court held that a class action under Title VII can be maintained under Rule 23(b)(2) even if injunctive relief is no longer necessary due to changed circumstances, and that former employees can adequately represent a class of past and present employees.
• Thornber v. City OF Fort Walton Beach
  568 So. 2d 914· Fla.· 1990-10-11 ·cited 195×
  The Florida Supreme Court held that city council members are entitled to recover attorney's fees from the city for defending against a recall petition under common law principles, even though they cannot recover under the statutory framework of section 111.07. The court also affi
• Rollins, Inc. v. Butland
  951 So. 2d 860· Fla. 2d DCA· 2006-12-15 ·cited 192×
  Rollins, Inc. and Orkin Exterminating Company appealed a class certification order in a consumer lawsuit involving allegations of deceptive practices related to termite treatment contracts. The Florida Second District Court of Appeal reversed the certification, holding that indiv
• Sec. & Exch. Comm'n v. Manor Nursing Ctrs., Inc.
  458 F.2d 1082· 2d Cir.· 1972-01-21 ·cited 192×
  The court held that appellants violated federal securities antifraud provisions and Rule 10b-9 by misrepresenting the terms of an 'all or nothing' offering and by failing to disclose material post-effective developments. Good faith is not a defense to these violations.
• Groendyke Transp., Inc. v. Davis
  406 F.2d 1158· 5th Cir.· 1969-01-02 ·cited 190×
  The court held that summary reversal of the district court's injunction was proper, as the district court erred in enjoining the NLRB's Excelsior rule based on a misinterpretation of administrative procedure and case law.
• Morton Eisen v. Carlisle & Jacquelin & DeCoppet & Doremus
  391 F.2d 555· 2d Cir.· 1968-03-08 ·cited 189×
  The court should affirm the district court's ruling that the case is not a proper class action due to impossibility of notice and unmanageability.
• Flagship Nat'l Bank OF Miami v. Gray Distrib. Sys., Inc.
  432 So. 2d 660· Fla. 3d DCA· 1983-06-01 ·cited 187×·via Injunctive Order
• Arnstein v. Porter
  154 F.2d 464· 2d Cir.· 1946-02-11 ·cited 186×·via Injunction
  The dissenting judge argues that the court should have granted summary judgment for the defendant, finding no legal basis for a plagiarism claim based on the presented evidence.
• Forde v. The City of Miami Beach
  146 Fla. 676· Fla.· 1941-04-18 ·cited 185×·via Injunction
  Property owners challenged a zoning ordinance restricting their oceanfront land in Miami Beach to single-family residential use. The Florida Supreme Court held that where natural erosion has physically changed property's character so it cannot be profitably used for its zoned pur
• Capt. Milbert Mindes v. Seaman
  453 F.2d 197· 5th Cir.· 1971-12-22 ·cited 179×
  The court held that the district court erred in dismissing the case for lack of jurisdiction, and that the plaintiff's allegations were sufficient to withstand a motion to dismiss at the pleading stage.
• Sprogis v. United AIR Lines, Inc.
  444 F.2d 1194· 7th Cir.· 1971-06-16 ·cited 179×
  United Air Lines' policy of requiring stewardesses to be unmarried while permitting male stewards to be married constitutes unlawful sex discrimination under Title VII, and the district court properly granted summary judgment for the plaintiff.
• Rosa Chappelle McGill and her husband S. D. McGill v. Chappelle
  71 Fla. 479· Fla.· 1916-04-11 ·cited 179×·via Injunction
  Rosa Chappelle McGill and her husband appealed a decree establishing a resulting trust in favor of Pat Chappelle's brothers, Lewis W. and James E. Chappelle, in partnership property worth approximately one-third of Pat's estate. The Florida Supreme Court reversed, finding the evi
• Masser v. The London Operating Co.
  106 Fla. 474· Fla.· 1932-08-23 ·cited 175×·via Injunction
  Lessees of a Miami Beach hotel sued in equity to enforce landlord's covenant to paint and complete a solarium, and sought to restrain eviction proceedings based on their nonpayment of rent. The court dismissed the suit as lacking equity and ordered money deposited in court to be
• Fine v. Firestone
  448 So. 2d 984· Fla.· 1984-03-27 ·cited 173×·via Injunction
  The Florida Supreme Court held that a proposed constitutional amendment limiting government revenue (the 'Citizens' Choice' proposal) violates the single-subject requirement of Article XI, Section 3 of the Florida Constitution because it addresses at least three distinct subjects
• Newman v. State OF Ala.
  559 F.2d 283· 5th Cir.· 1977-09-16 ·cited 173×·via Injunction
  The court held that while basic necessities and safety must be provided to prisoners, certain intrusive remedies ordered by the district court, such as the broad powers granted to a 'Human Rights Committee' and specific housing requirements, exceeded constitutional bounds and int
• City of Miami Beach v. Lachman
  71 So. 2d 148· Fla.· 1953-12-11 ·cited 173×·via Injunction
  The Florida Supreme Court reversed a trial court's decision invalidating a zoning ordinance that restricted a valuable ocean-front strip in Miami Beach to single-family residential use. The Court held that the ordinance was 'fairly debatable' as applied to multiple properties in
• Seaboard Air Line Ry. Co. v. Tampa S. R.R. Co.
  101 Fla. 468· Fla.· 1931-05-06 ·cited 172×·via Injunction
  Seaboard Air Line Railway sought to enjoin Tampa Southern Railroad from occupying its right-of-way and tracks known as Hog Creek Spur in Sarasota. After an injunction was granted, Tampa Southern violated it by laying tracks across the spur in 1928. The trial court discharged the
• Carter v. Gallagher
  452 F.2d 315· 8th Cir.· 1971-09-09 ·cited 170×
• Aerojet-General Corp. v. Reubin O'Donovan Askew
  511 F.2d 710· 5th Cir.· 1975-04-21 ·cited 169×
• Transgo, Inc. v. Ajac Transmission Parts Corp.
  768 F.2d 1001· 9th Cir.· 1985-01-15 ·cited 168×
  The court held that the jury's findings of trademark infringement and secondary meaning for 'Shift Kit' were supported by substantial evidence, and that the defendants' copying demonstrated an intent to trade on Transgo's goodwill.
• Local 53 OF the Int'l Ass'n OF Heat & Frost Insulators & Asbestos Workers v. Vogler
  407 F.2d 1047· 5th Cir.· 1969-01-15 ·cited 166×
  A temporary injunction prohibiting a union's discriminatory membership and referral practices, including affirmative action to remedy past discrimination, is permissible under Title VII of the Civil Rights Act of 1964.
• Morrison v. Allstate Indem. Co.
  228 F.3d 1255· 11th Cir.· 2000-09-26 ·cited 165×
  This diversity class action involved a dispute over whether insurance policies covering vehicle physical damage required compensation for diminished value after repair. The district court dismissed for failure to state a claim, but the Eleventh Circuit reversed and remanded on ju
• Kislak v. Koren Kreedian
  95 So. 2d 510· Fla.· 1957-05-29 ·cited 165×·via Injunction
  This case establishes the legal requirements for proving a joint venture in real estate transactions. The court held that while joint ventures do not require written contracts, a complaint must allege all essential elements of the relationship, including an agreement to share bot
• Patterson v. The Am. Tobacco Co.
  535 F.2d 257· 4th Cir.· 1976-02-23 ·cited 164×
  The court held that the imposition of quotas for supervisory positions was error, and that a quota is not a defense to discrimination.
• Boca Burger, Inc. v. Forum
  912 So. 2d 561· Fla.· 2005-07-07 ·cited 162×
  The Florida Supreme Court resolved a conflict between district courts regarding whether trial courts have discretion to deny a plaintiff's first amendment to a complaint before a responsive pleading is served. The Court held that plaintiffs have an absolute right to amend once as
• United States v. The City OF Miami
  664 F.2d 435· 5th Cir.· 1981-12-03 ·cited 162×
  The appellate court affirmed the district court's approval of a consent decree designed to remedy past discrimination in the Miami Police Department. The court held that the decree did not abridge the collective bargaining rights of the police unions, as the unions failed to demo
• Polaroid Corp. v. Polarad Elecs. Corp.
  287 F.2d 492· 2d Cir.· 1961-02-28 ·cited 161×
  The court held that the plaintiff's claim for trademark infringement and unfair competition was barred by laches due to significant delay in asserting its rights, despite the strength of its mark and similarity to the defendant's mark.
• Woods Exploration & Producing Co., Inc. v. Aluminum Co. OF Am.
  438 F.2d 1286· 5th Cir.· 1971-01-05 ·cited 160×·via Injunction
• Gentry-Futch Co. v. Gentry
  90 Fla. 595· Fla.· 1925-11-23 ·cited 159×·via Injunction
  In this corporate governance dispute, the Florida Supreme Court held that while an equity court properly dissolved an injunction and determined that certain stockholder meetings were invalid, it exceeded its jurisdiction by decreeing that the removed officer be restored to his po
• Tapers v. Pichard
  124 Fla. 549· Fla.· 1936-06-18 ·cited 158×·via Injunction
  This case concerns the validity of a contract for jail construction where the county issued certificates of payment to the contractor, which included carrying charges. The court held that including these carrying charges in the contract's consideration was permissible and did not