Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Oakville Dev. Corp. v. Fed. Deposit Ins. Corp.
  986 F.2d 611· 1st Cir.· 1993-03-04 ·cited 2×
  The appeal is dismissed as moot because the foreclosure sale has occurred and the property has been sold to a third party, rendering any reversal of the interlocutory orders ineffective.
• MT. Graham RED Squirrel v. Espy
  986 F.2d 1568· 9th Cir.· 1993-03-03 ·cited 2×
  Deviations from the Management Plan do not, in themselves, constitute violations of the Arizona-Idaho Conservation Act (AICA), and judicial review of the Forest Service's decisions regarding the monitoring program is limited to whether those decisions were arbitrary or capricious
• Coca-Cola Bottling Co. OF Elizabethtown, Inc. v. The Coca-Cola Co.
  988 F.2d 386· 3d Cir.· 1993-02-17 ·cited 2×
  The court held that the Consent Decrees and resulting contracts obligated the Company to supply only syrup sweetened with a specific amount of cane or beet sugar, not high-fructose corn syrup (HFCS). However, the court also found that the HFCS syrup was materially comparable, vac
• Maynard v. Narragansett Indian Tribe
  984 F.2d 14· 1st Cir.· 1993-01-27 ·cited 2×
  The court held that the Narragansett Indian Tribe possesses sovereign immunity from suit, and this immunity was not waived or abrogated by the settlement agreement or related legislation.
• Cameron v. Thornburgh
  983 F.2d 253· D.C. Cir.· 1993-01-22 ·cited 2×
  The court held that venue was improper in the District of Columbia for the Bivens action and that the claims against two federal officials failed to state a claim. The court affirmed dismissal of claims against two officials and transferred the remaining claims to the proper venu
• Cloud v. Sullivan
  984 F.2d 241· 8th Cir.· 1993-01-15 ·cited 2×
  The court held that the appeals are moot because the government has ceased testing the hepatitis A vaccine, and the case is not capable of repetition yet evading review.
• High Voltage Eng'g Corp. v. Fed. Ins. Co.
  981 F.2d 596· 1st Cir.· 1992-12-16 ·cited 2×
  The court held that the pollution exclusion clause in the insurance policy barred coverage for claims alleging unfair and deceptive trade practices, as these claims were indirectly or directly related to the discharge or release of pollutants.
• Or. Natural Res. Council v. Madigan
  980 F.2d 1330· 9th Cir.· 1992-12-09 ·cited 2×
  The court held that the government's position was not substantially justified, entitling the prevailing party to attorney's fees and expenses under the Equal Access to Justice Act.
• Prows v. Fed. Bureau OF Prisons
  981 F.2d 466· 10th Cir.· 1992-11-25 ·cited 2×
  The court held that the district court did not abuse its discretion in limiting injunctive relief for retaliatory transfer and correctly interpreted the statute regarding pre-release custody as not creating an enforceable entitlement to a specific placement.
• Se. Shipyard Ass'n v. United States
  979 F.2d 1541· D.C. Cir.· 1992-11-24 ·cited 2×
  The court held that the savings clause in the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 exempts a vessel from the citizen control requirement if the vessel met certain criteria before July 28, 1987, regardless of subsequent changes in corporate ownership.
• Ivron Butler v. Denis Dowd
  979 F.2d 661· 8th Cir.· 1992-11-11 ·cited 2×
  The court held that a zero award for pain and suffering damages was shocking and unreasonable given the facts.
• Frieburg Farm Equip. v. VAN Dale
  978 F.2d 395· 7th Cir.· 1992-10-29 ·cited 2×
  The court held that Frieburg met the statutory definition of a 'dealer' under the Wisconsin Fair Dealership Law and that the jury's findings regarding good cause for termination and damages were supported by the evidence.
• United Transp. Union v. Skinner
  975 F.2d 1421· 9th Cir.· 1992-09-22 ·cited 2×
  Time spent by a railroad employee waiting for deadhead transportation from duty to their point of final release constitutes 'time on duty' under the Hours of Service Act, as this interpretation is consistent with the statute's history and purpose.
• Fla. Power Corp., Inc. v. State
  605 So. 2d 149· Fla. 1st DCA· 1992-09-08 ·cited 2×
  The court held that Florida Power Corporation failed to exhaust its administrative remedies by not allowing the Department of Environmental Regulation to make a final determination on its permit application, as the agency's claim of jurisdiction was not clearly in excess of its s
• Quick Cash OF Clearwater, Inc. v. State
  605 So. 2d 898· Fla. 2d DCA· 1992-08-28 ·cited 2×
  The Division of Consumer Services sought injunctions against Quick Cash pawnshops for allegedly illegal auto loan/lease transactions with effective interest rates exceeding 500%. The court held that the Division has authority under Florida Statutes § 570.544(11) to seek injunctiv
• LOS Angeles News Serv. v. Tullo
  973 F.2d 791· 9th Cir.· 1992-08-27 ·cited 2×
  The court held that raw videotapes of newsworthy events can be copyrightable if they possess sufficient originality, and that AVRS's commercial copying of LANS's footage did not constitute fair use.
• Cabrera v. Martin
  973 F.2d 735· 9th Cir.· 1992-08-21 ·cited 2×
  The court held that federal defendants did not act under color of state law and thus could not be liable for attorney's fees under 42 U.S.C. § 1988, and that the state defendant also could not be liable as plaintiffs were not prevailing parties.
• Watchorn Ex Rel. Christenson v. Town of Davie
  795 F. Supp. 1112· S.D. Fla.· 1992-08-07 ·cited 2×
  A plaintiff must obtain actual relief on the merits to be considered a prevailing party for attorney's fees under Section 1988, and a zero-dollar verdict does not constitute such relief.
• Coleman H. Smith v. Travis Cnty. Educ. Dist.
  968 F.2d 453· 5th Cir.· 1992-08-03 ·cited 2×
  The Tax Injunction Act bars federal district courts from entertaining claims challenging state tax systems when a plain, speedy, and efficient remedy exists in state courts.
• Thunder Basin Coal Co. v. Martin
  969 F.2d 970· 10th Cir.· 1992-07-20 ·cited 2×
  The court held that federal district courts lack subject matter jurisdiction to grant injunctive relief from enforcement of regulations under the Mine Act, as Congress intended challenges to be pursued through the Act's administrative review process.
• Gwynedd Props., Inc. v. Lower Gwynedd Twp.
  970 F.2d 1195· 3d Cir.· 1992-07-15 ·cited 2×
  The court held that federal adjudication of most of GPI's claims would not interfere with ongoing state proceedings, thus reversing the district court's dismissal on Younger abstention grounds for those claims.
• United States v. Sasser
  967 F.2d 993· 4th Cir.· 1992-06-23 ·cited 2×
  The court held that the Corps had jurisdiction over the streams based on the 'ebb and flow' test and that the barriers were not grandfathered, thus affirming the order to remove them. Any takings claim must be brought in the Court of Claims.
• Se. Kan. Cmty. Action Program Inc. v. Secretary OF Agriculture OF THE United States
  967 F.2d 1452· 10th Cir.· 1992-06-22 ·cited 2×
  The court held that the district court properly exercised jurisdiction and dismissed the claims, as SEK-CAP failed to establish a property or liberty interest deprivation and the federal regulations were consistent with the Child Nutrition Act.
• Russ v. Uppah
  972 F.2d 300· 10th Cir.· 1992-06-19 ·cited 2×
  Parole board members are entitled to absolute immunity for actions taken in their official duties, but parole officers are entitled only to qualified immunity for such actions.
• Carroll Olson v. Hart
  965 F.2d 940· 10th Cir.· 1992-06-03 ·cited 2×
  The court held that a pro se litigant's complaint, even if styled as a mandamus petition, could be construed as a habeas corpus petition or a Section 1983 claim for deprivation of due process rights, and thus should not have been dismissed on abstention grounds.
• Great S. Bank v. First S. Bank
  601 So. 2d 584· Fla. 4th DCA· 1992-05-20 ·cited 2×
  Great Southern Bank appealed a judgment enjoining it from using its name, which was found confusingly similar to First Southern Bank's mark. The court held that "First Southern Bank" is an arbitrary or fanciful name entitled to the highest trademark protection, and affirmed the i
• Norcal/Crosetti Foods, Inc. v. The United States
  963 F.2d 356· Fed. Cir.· 1992-05-04 ·cited 2×
  The Court of Appeals held that the Court of International Trade lacked subject matter jurisdiction because the plaintiffs failed to exhaust administrative remedies under 19 U.S.C. § 1516, which was the proper avenue for their claim.
• Palm Beach Commerce Ctr. Associated, Ltd. v. Walker
  598 So. 2d 165· Fla. 4th DCA· 1992-04-29 ·cited 2×
  A taxpayer seeking to enjoin the issuance of tax certificates pending a challenge to property valuation must demonstrate the good faith of their partial tax payment.
• Martin v. Funtime, Inc.
  963 F.2d 110· 6th Cir.· 1992-04-24 ·cited 2×
  The court held that the district court did not abuse its discretion in issuing an injunction against Funtime for child labor violations of the FLSA, and that summaries of personnel records were admissible.
• Long v. VAN de Kamp
  961 F.2d 151· 9th Cir.· 1992-04-07 ·cited 2×
  The Eleventh Amendment bars federal court jurisdiction because there is no demonstrated connection between the Attorney General and the enforcement of the statute, nor a threat of enforcement.
• SMA Life Assurance Co. v. Sanchez-Pica
  960 F.2d 274· 1st Cir.· 1992-04-06 ·cited 2×
  The court held that the district court did not abuse its discretion in denying injunctive relief to prevent a local administrative agency from proceeding, despite a prior federal default judgment.
• Reiter v. Gross
  599 So. 2d 1275· Fla.· 1992-03-23 ·cited 2×
  The Florida Supreme Court accepted a petition for prohibition to prevent a circuit court from adjudicating the constitutionality of the Code of Judicial Conduct's canon prohibiting judges from publicly endorsing candidates. The Court transferred the case to itself as the exclusiv
• Powell v. Commissioner OF Internal Revenue
  958 F.2d 53· 4th Cir.· 1992-03-03 ·cited 2×
  The court held that the IRS notice of deficiency was insufficient because it was not mailed to the taxpayer's last known address and the IRS failed to exercise reasonable diligence. The Tax Court erred in dismissing the petition for lack of jurisdiction.
• Francis E. Heydt Co. v. United States
  948 F.2d 672· 10th Cir.· 1991-11-04 ·cited 2×
  The court held that the district court abused its discretion by granting declaratory relief and awarding attorney fees under the EAJA because the equitable relief sought lacked significant prospective effect and the monetary claim belonged in the Claims Court.
• Freni v. Collier Cnty.
  588 So. 2d 291· Fla. 2d DCA· 1991-10-30 ·cited 2×
  The Florida District Court of Appeal reversed the trial court's judgment and invalidated Collier County's tourist development tax ordinance because the County failed to comply with statutory prerequisites requiring the Tourist Development Council to first prepare and submit a pla
• Alvarez v. Reno
  587 So. 2d 664· Fla. 3d DCA· 1991-10-22 ·cited 2×
  Court dismissed appeal as moot because appellant sought injunctive relief against potential future disclosure of confidential records when he was not currently a candidate and records faced no imminent danger of disclosure.
• Doucette v. Ives
  947 F.2d 21· 1st Cir.· 1991-10-21 ·cited 2×
  The court held that the Secretary's regulation excluding tax refund intercepts from the gap payment provision is invalid because it conflicts with 42 U.S.C. § 602(a)(28). The court also held that notice relief is not appropriate for class members who are no longer eligible for AF
• V.N. Meekins v. United Transp. Union
  946 F.2d 1054· 4th Cir.· 1991-10-11 ·cited 2×
  The court held that the current action is barred by res judicata because the damages sought could have been litigated in a prior action.
• Confederated Tribes OF THE Colville Reservation v. Superior Court OF Okanogan Cnty.
  945 F.2d 1138· 9th Cir.· 1991-10-03 ·cited 2×
  A federal court cannot issue a declaratory judgment to review a state court's interpretation of federal law before state appellate courts have had an opportunity to rule on the matter. Such an action is an improper attempt to bypass the established appellate process.
• English v. Tanfield C. Miller
  585 So. 2d 511· Fla. 4th DCA· 1991-09-25 ·cited 2×
• Emp'rs Ins. OF Wausau v. Albert D. Seeno Constr. Co.
  945 F.2d 284· 9th Cir.· 1991-09-20 ·cited 2×
  California law does not require an insurance carrier to segregate its liability claims handling from its coverage investigation when issuing a reservation of rights.
• Stay, Inc. v. Cheney
  940 F.2d 1457· 11th Cir.· 1991-09-04 ·cited 2×
  Stay, Inc. challenged the Department of Defense's award of a security services contract to American Mutual Protective Bureau (AMPB), arguing that AMPB's bid was defective because its surety company failed to appoint agents for service of process in certain jurisdictions before bi
• Alexander Proudfoot Co. World Headquarters & Alexander Proudfoot Co. of Canada v. Baillie
  584 So. 2d 183· Fla. 4th DCA· 1991-08-14 ·cited 2×
• Jetborne Int'l, Inc. v. Cohan
  584 So. 2d 176· Fla. 3d DCA· 1991-08-13 ·cited 2×
  Florida appellate court reversed a temporary partial injunction requiring reinstatement of an employee as chief operating officer, holding that employment contracts are not enforceable by specific performance or injunction and the proper remedy is damages for breach.
• Holmes Reg'l Enters., Inc. v. Advanced Med. Diagnostics Corp.
  582 So. 2d 822· Fla. 5th DCA· 1991-07-25 ·cited 2×
  Holmes Regional Enterprises appealed a trial court decision granting equitable relief to its tenant, Advanced Medical Diagnostics Corporation (AMD), allowing AMD to exercise a lease renewal option despite providing tardy notice. The appellate court affirmed the grant of equitable
• Plott v. Griffiths
  938 F.2d 164· 10th Cir.· 1991-07-01 ·cited 2×
  The court held that a plaintiff who prevails on a state statutory claim, which is factually related to a substantial federal constitutional claim, is entitled to attorney's fees under 42 U.S.C. § 1988, even if the constitutional claim is not decided.
• A.F.A. Tours, Inc. v. Desmond Whitchurch
  937 F.2d 82· 2d Cir.· 1991-06-28 ·cited 2×
  The court held that the district court improperly dismissed the case for lack of subject matter jurisdiction without affording the plaintiff an adequate opportunity to demonstrate the jurisdictional amount, and that summary judgment on the merits would also have been improper due
• Gilmore v. Hernando Cnty.
  584 So. 2d 27· Fla. 5th DCA· 1991-06-27 ·cited 2×
  The trial court erred in granting summary judgment because material facts were disputed regarding the rezoning's consistency with the County's Comprehensive Plan, and a stricter standard of review should have been applied.
• Mann v. City OF Oakland Park
  581 So. 2d 986· Fla. 4th DCA· 1991-06-26 ·cited 2×
  The court held that an actual controversy existed and the appellant did not need to exhaust administrative remedies because he mounted a general attack on the constitutionality of the code provision.
• Keeling v. Sheet Metal Workers Int'l Ass'n
  937 F.2d 408· 9th Cir.· 1991-06-25 ·cited 2×
  The court held that the district court did not abuse its discretion in vacating the dismissal of the action under Federal Rule of Civil Procedure 60(b)(6) due to the repudiation of the settlement agreement.