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

• C.S. and J.S. v. S.H. and K.H.
  671 So. 2d 260· Fla. 4th DCA· 1996-04-10 ·cited 62×
  Biological relatives appealed a trial court's final judgment awarding adoption of a three-year-old child to foster parents, rather than to the relatives whom HRS had selected as adoptive parents. The court reversed, holding that trial courts lack authority to interfere with HRS's
• Firestone v. News-Press Publ'g Co., Inc.
  538 So. 2d 457· Fla.· 1989-02-02 ·cited 62×·via Injunction
  The Florida Supreme Court reviewed a district court decision striking down a statute prohibiting nonvoters from being within 50 feet of polling places. The Court held that while the statute is unconstitutionally overbroad as applied to the 50-foot zone outside polling rooms (whic
• McKENZIE v. Danford L. Sawyer, Jr.
  684 F.2d 62· D.C. Cir.· 1982-07-27 ·cited 62×
  The court held that summary judgment for plaintiffs was proper regarding discrimination in promotions to uprate and supervisory positions and for journeymen positions through 1971, but not for journeymen positions after 1971, which requires a trial. The remedial decree's aspects
• Stotts v. Memphis Fire Dep't
  679 F.2d 541· 6th Cir.· 1982-05-07 ·cited 62×
  The court held that a district court should be cautious in modifying a consent decree, especially if it would cause parties to assume obligations for which they have not contracted, and that a consent decree cannot alter the rights of a non-party union concerning layoffs by senio
• United States v. State OF Or.
  657 F.2d 1009· 9th Cir.· 1981-09-10 ·cited 62×·via Injunction
  Indian tribes may consent to suit without explicit Congressional authority, and the Yakima Tribe's intervention and agreement to submit disputes to federal court constituted such consent, waiving their sovereign immunity.
• Tokarcik v. Forest Hills Sch. Dist.
  665 F.2d 443· 3d Cir.· 1981-09-08 ·cited 62×
  The dissenting judge would reverse the district court's judgment and dismiss the complaint, arguing that the action under 20 U.S.C. § 1415(e)(2) is an appeal from an administrative decision and thus barred by the analogous state statute of limitations.
• Ruiz v. Estelle
  650 F.2d 555· 5th Cir.· 1981-06-26 ·cited 62×·via Injunction
  The court held that a movant seeking a stay pending appeal need not always show a probability of success on the merits, but rather a substantial case when a serious legal question is involved and the balance of equities favors the stay.
• S.R.G. Corp. v. Dep't OF Revenue
  365 So. 2d 687· Fla.· 1978-06-30 ·cited 62×
  S.R.G. Corporation challenged Florida's corporate income tax on deferred capital gains realized before the tax law's effective date. The Florida Supreme Court held that income realized before January 1, 1972, is not subject to Florida's corporate income tax, even if recognized la
• Charles River Park "A", Inc. v. The Dep't OF Hous. & Urban Dev.
  519 F.2d 935· D.C. Cir.· 1975-03-10 ·cited 62×·via Injunction
  The court held that the record was inadequate to determine if financial information submitted to HUD was confidential and thus exempt from disclosure under FOIA, and that further proceedings, including an evidentiary hearing, were necessary to resolve factual and legal issues reg
• NAACP v. Allen
  493 F.2d 614· 5th Cir.· 1974-04-19 ·cited 62×
  The court held that affirmative hiring relief, including quotas, is a permissible and necessary remedy to eradicate the continuing effects of past unconstitutional racial discrimination in public employment, even if it temporarily requires considering race in hiring decisions.
• Schnell v. City OF Chicago
  407 F.2d 1084· 7th Cir.· 1969-03-17 ·cited 62×·via Equitable Relief (Injunction)
  The district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim under 42 U.S.C. § 1983.
• Chappell & Co., Inc. v. Frankel
  367 F.2d 197· 2d Cir.· 1966-10-13 ·cited 62×·via Injunction
  An order denying a motion for summary judgment seeking a permanent injunction is not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• Fla. Power Corp. v. McNEELY
  125 So. 2d 311· Fla. 2d DCA· 1960-12-02 ·cited 62×
  Florida Power Corporation appealed a lower court decree requiring it to compensate property owners for an easement used for transmission lines since 1939. The court held that the corporation's use constituted adverse user (not adverse possession) of an incorporeal easement requir
• Boyd Leedom v. Int'l Bhd. OF Elec. Workers, Local Union NO. 108, AFL-CIO
  278 F.2d 237· D.C. Cir.· 1960-03-24 ·cited 62×·via Injunction
  The court held that the National Labor Relations Board's retroactive application of its revised contract bar rule did not violate due process, and that the district court lacked jurisdiction to review the Board's procedural decisions regarding election ballots.
• The Standard OIL Co. v. Standard OIL Co.
  252 F.2d 65· 10th Cir.· 1958-01-15 ·cited 62×·via Injunction
  The court held that the defendant's use of the trade-name 'Sohio' in the plaintiff's marketing territory constituted unfair competition and infringement of the plaintiff's trade-marks and trade-names.
• Crow v. The Oglala Sioux Tribe OF the Pine Ridge Reservation
  231 F.2d 89· 8th Cir.· 1956-03-06 ·cited 62×·via Injunction
  Indian tribes retain inherent sovereignty except where specifically removed by treaty or Congressional Act, and their tribal courts have jurisdiction over matters not federalized. Granting citizenship to Indians does not extinguish tribal existence or the jurisdiction of tribal c
• Schwartz v. Zaconick
  68 So. 2d 173· Fla.· 1953-06-19 ·cited 62×·via Injunction
  Schwartz sought to foreclose a mortgage on a note executed by the Zaconicks to settle a prior jewelry claim. The Zaconicks defended by asserting a contemporaneous oral agreement that interest would not be due unless the property was sold to third parties. The Florida Supreme Cour
• Food Fair Stores, Inc. v. Food Fair, Inc.
  177 F.2d 177· 1st Cir.· 1949-09-21 ·cited 62×
  Federal jurisdiction was proper because the potential value of protecting the plaintiff's trade name in a new market, including the right to expand without local competition, exceeded the jurisdictional minimum. The Massachusetts statute provided grounds for injunctive relief aga
• Philbrick v. City of Miami Beach
  147 Fla. 538· Fla.· 1941-06-20 ·cited 62×
  The Florida Supreme Court upheld an injunction prohibiting W. L. Philbrick and his funeral business from operating a funeral home in a residential district of Miami Beach in violation of the city's zoning ordinance. The court held that a municipality may seek injunctive relief to
• City of Lakeland v. Amos
  106 Fla. 873· Fla.· 1932-10-01 ·cited 62×·via Injunction
  The Florida Supreme Court upheld a state tax on all corporations receiving payment for electricity, concluding that municipal corporations engaged in the business of selling electricity are included within the statute's scope and may constitutionally be taxed on their proprietary
• Farish Carter v. Archibald T. Bennett
  6 Fla. 214· Fla.· 1855-01-01 ·cited 62×·via Injunction
  In this equity case, the Supreme Court of Florida reversed the lower court's dissolution of an injunction in a complex dispute involving the sale of enslaved persons, mortgages, and multiple lawsuits. The court determined that sufficient equity existed to maintain the suit in cha
• Enzolytics, Inc. v. Empire Stock Transfer Inc.
  Del. Ch.· 2022-12-07 ·cited 61×
  The Court granted Defendant Savov's motion for judgment on the pleadings, dismissing Counts I (declaratory judgment and injunctive relief) and III (unjust enrichment) with prejudice. The Court also dismissed Count II (injunctive relief against Empire Stock Transfer) as moot and s
• Giles v. Richard (Dick) J. Ackerman
  746 F.2d 614· 9th Cir.· 1984-11-02 ·cited 61×
  Arrestees for minor offenses may only be subjected to a strip search if jail officials have a reasonable suspicion that the arrestee is carrying contraband or concealing a communicable disease.
• Laker Airways Ltd. v. Sabena
  731 F.2d 909· D.C. Cir.· 1984-03-06 ·cited 61×·via Injunction
• Resident Advisory Bd. by Rose Wylie ad litem v. Rizzo
  564 F.2d 126· 3d Cir.· 1977-08-31 ·cited 61×
  The court affirmed the district court's findings that the City of Philadelphia acted with discriminatory intent, violating constitutional and statutory rights, and that PHA and RDA violated Title VIII of the Civil Rights Act of 1968.
• Atlanta GAS Light Co. v. Fed. Power Comm'n
  476 F.2d 142· 5th Cir.· 1973-02-07 ·cited 61×
  The court held that the Commission's interim curtailment order was reviewable and that § 4 procedures were permissible, but the district court prematurely dismissed a claim for damages pending the Commission's final decision.
• Prairie Band OF the Pottawatomie Tribe OF Indians v. Udall
  355 F.2d 364· 10th Cir.· 1966-01-24 ·cited 61×
  The court held that 28 U.S.C. § 1361 does not provide jurisdiction for this case because the Secretary of the Interior's actions regarding the tribal membership roll do not constitute a ministerial duty owed to the appellants.
• Crutchfield v. F. A. Sebring Realty Co.
  69 So. 2d 328· Fla.· 1954-01-08 ·cited 61×·via Injunction
  The Florida Supreme Court affirmed a permanent injunction preventing property owners from operating irrigation pumps across easement strips to extract water from a private lake owned by another. The court held that even if an easement existed for accessing the lake, it could not
• Tex. Co. v. Town of Miami Springs
  44 So.2d 808· Fla.· 1950-03-03 ·cited 61×·via Injunction
  The Supreme Court of Florida held that a town was estopped from enforcing a zoning ordinance against a gas station developer. The court found the town had previously granted permits and assured the developer that no such ordinance existed, leading the developer to purchase land a
• The City of Sarasota v. Skillin
  130 Fla. 724· Fla.· 1937-07-19 ·cited 61×·via Injunction
  The Florida Supreme Court upheld an injunction preventing the City of Sarasota from collecting municipal taxes on lands that were improperly incorporated into the city. The court held that property owners may challenge municipal incorporation through an equity suit for injunction
• The First Nat'l Bank of Arcadia v. Savarese
  101 Fla. 480· Fla.· 1931-05-06 ·cited 61×·via Injunction
  The Florida Supreme Court held that a judgment creditor cannot satisfy a judgment against a debtor out of property held by the debtor under a resulting trust for another person, unless the creditor can show it extended credit in reliance on the debtor's record title. Here, Nellie
• Stone & Webster Eng'g Corp. v. Ilsley
  690 F.2d 323· 2d Cir.· 1982-09-30 ·cited 60×
  A state law requiring an employer to continue contributions to an employee welfare fund for a former employee receiving workers' compensation is preempted by ERISA because it relates to an employee benefit plan.
• Halderman v. Pennhurst State Sch. & Hosp.
  673 F.2d 628· 3d Cir.· 1982-02-26 ·cited 60×
  The dissenting judge would dismiss the appeal of the contempt order for lack of appellate jurisdiction, as it is not immediately appealable before a final judgment.
• Yusuf Asad Madyun v. Thompson
  657 F.2d 868· 7th Cir.· 1981-08-06 ·cited 60×
  The court held that the district court erred in dismissing several claims without proper consideration, particularly concerning pro se plaintiffs' rights in summary judgment proceedings and the application of collateral estoppel and mootness doctrines. Some dismissals were affirm
• Wilkes-Barre Publ'g Co. v. Newspaper Guild OF Wilkes-Barre
  647 F.2d 372· 3d Cir.· 1981-04-01 ·cited 60×
  The court held that a claim for tortious interference with a labor contract arises under federal common law and is within the district court's jurisdiction, and that individual union members are not liable for damages under section 301(b).
• Zarcone v. Perry
  581 F.2d 1039· 2d Cir.· 1978-07-28 ·cited 60×
  A prevailing party in a civil rights action is not automatically entitled to attorney's fees under 42 U.S.C. § 1988 if the suit was primarily for damages and competent counsel could be attracted on a contingent fee basis.
• Sec. & Exch. Comm'n v. Bausch & Lomb Inc. & Daniel G. Schuman
  565 F.2d 8· 2d Cir.· 1977-09-30 ·cited 60×
  The court held that while the quarterly earnings forecast divulged by Schuman was material, an injunction was not warranted because the SEC failed to prove scienter or a reasonable likelihood of future wrongdoing.
• Buckley v. Honorable Francis R. Valeo
  519 F.2d 821· D.C. Cir.· 1975-08-15 ·cited 60×
  The court held that certain provisions of the election statute, particularly those concerning disclosure requirements and the composition and powers of the Federal Election Commission, raise significant constitutional questions regarding the First Amendment and the separation of
• Sibley Mem'l Hosp. v. Verne Wilson
  488 F.2d 1338· D.C. Cir.· 1973-11-29 ·cited 60×
  The court held that a hospital could be liable under Title VII for sex discrimination even without a direct employer-employee relationship if it controls access to employment opportunities and interferes with those opportunities based on discriminatory criteria.
• Cooper v. Allen
  467 F.2d 836· 5th Cir.· 1972-08-29 ·cited 60×
• City OF Miami Beach v. Fleetwood Hotel, Inc.
  261 So. 2d 801· Fla.· 1972-04-12 ·cited 60×
  The Florida Supreme Court upheld a trial court decision invalidating Miami Beach's rent control ordinance, holding that municipalities lack the constitutional power to enact rent control legislation without express state authorization, and that the ordinance improperly delegated
• Build OF Buffalo, Inc. v. Sedita
  441 F.2d 284· 2d Cir.· 1971-04-13 ·cited 60×
  The court held that the dismissal of the Mayor and Police Commissioner was an interlocutory order refusing an injunction, thus reviewable under 28 U.S.C. § 1292(a)(1).
• N. Broward Hosp. Dist. v. Von D. Mizell
  148 So. 2d 1· Fla.· 1962-12-21 ·cited 60×
  The Florida Supreme Court reversed a lower court decision striking down a statute authorizing a public hospital board to suspend physicians from hospital staff when deemed necessary for patient welfare and hospital interests. The court held that the statutory standard was suffici
• United States v. NEW York
  276 F.2d 525· D.C. Cir.· 1959-11-02 ·cited 60×·via Injunction
  The court held that the dismissal of the sixth count of the stockholders' complaint, which sought to enjoin the performance of a contract, was not a final judgment and therefore not immediately appealable as such, nor was it an appealable interlocutory order refusing an injunctio
• Brewer v. Hoxie Sch. Dist. NO. 46 OF Lawrence Cnty.
  238 F.2d 91· 8th Cir.· 1956-10-25 ·cited 60×
  The court held that the federal district court had jurisdiction to issue an injunction against individuals and organizations conspiring to obstruct the desegregation of public schools, as the action arose under the Constitution and laws of the United States.
• Pure Foods, Inc. v. Minute Maid Corp.
  214 F.2d 792· 5th Cir.· 1954-07-30 ·cited 60×
  The court held that the Lanham Act extends jurisdiction to protect federally registered trademarks from infringement that causes confusion or likelihood of confusion as to the source of origin, even if the parties are not direct competitors and no actual monetary damage is proven
• Moore v. City Dry Cleaners Laundry
  41 So. 2d 865· Fla.· 1949-07-26 ·cited 60×·via Injunction
  This case involves a union's picketing and associated activities against a laundry business. The court affirmed most of the injunction against the union due to violence and intimidation but reversed a portion that broadly prohibited advertising or discussing the strike, citing fr
• Amazon Cotton Mill Co. (national Labor Relations Bd. v. Textile Workers Union of Am.
  167 F.2d 183· 4th Cir.· 1948-04-01 ·cited 60×
  The District Court lacked jurisdiction to grant an injunction or award damages for unfair labor practices, as such matters are exclusively within the purview of the National Labor Relations Board.
• Crandon v. Hazlett
  157 Fla. 574· Fla.· 1946-05-31 ·cited 60×·via Injunction
  The Florida Supreme Court upheld a lower court decision striking down Chapter 23053 of the 1945 Florida Acts as unconstitutional. The statute attempted to restructure governance of county detention homes in counties with populations exceeding 260,000 by abolishing the existing Co
• Kelly v. Dowd
  140 F.2d 81· 7th Cir.· 1944-01-31 ·cited 60×·via Injunction
  The court held that the District Court properly dismissed the petitioner's habeas corpus petition and injunction request because federal courts should not interfere with state judicial and administrative processes unless exceptional circumstances exist.