Injunctive Relief

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

• Bd. OF Educ. OF ST. Louis v. State OF Mo.
  936 F.2d 993· 8th Cir.· 1991-06-13 ·cited 2×
  The Eighth Circuit affirmed the district court's order transferring the operation of secondary vocational education to the Special School District of St. Louis County (SSD), finding that the district court retained jurisdiction to modify injunctions pending appeal and that the or
• Cnty. OF Vernon v. United States
  933 F.2d 532· 7th Cir.· 1991-05-24 ·cited 2×
  The court held that the district court correctly granted summary judgment because Congress's failure to appropriate funds for the project and the non-reviewability of congressional funding decisions and agency reports prepared for Congress preclude compelling project completion.
• Cuban Museum of Arts & Culture, Inc. v. City of Miami
  766 F. Supp. 1121· S.D. Fla.· 1991-05-21 ·cited 2×
  The court held that the City of Miami's decision to deny the Cuban Museum continued possession of its leased premises was substantially motivated by the Museum's exercise of its First Amendment rights in exhibiting controversial art, and thus the City's actions were unconstitutio
• Dickinson v. Ind. State Election Bd.
  933 F.2d 497· 7th Cir.· 1991-05-21 ·cited 2×
  The court held that the Indiana General Assembly was not a necessary party for a Section Two Voting Rights Act claim and that laches and equitable principles did not bar all relief.
• Metro. Dade Cnty. v. Timinsky
  579 So. 2d 356· Fla. 3d DCA· 1991-05-14 ·cited 2×
  The court affirmed the trial court's decision, holding that Dade County could not enforce a plat restriction against a property owner seeking to re-subdivide their land, and must process the application.
• Am. Fire v. Roxani M. Gillespie
  932 F.2d 816· 9th Cir.· 1991-05-08 ·cited 2×
  Qualified immunity is an affirmative defense only to damage liability and does not bar actions for declaratory or injunctive relief.
• Evans v. Comm'r, Me. Dep't OF Human Servs.
  933 F.2d 1· 1st Cir.· 1991-05-06 ·cited 2×
  The court held that the 'earned income disregard' (EID) provision in welfare law applies only to individuals who have personally received AFDC in one of the four months preceding the application month, not to all members of the assistance unit.
• Provident Life & Accident Ins. Co. v. Linthicum
  930 F.2d 14· 8th Cir.· 1991-04-09 ·cited 2×
  The court held that ERISA preempts state subrogation law for self-funded plans and that the insurer was not barred by res judicata from litigating its claim in federal court.
• Lucius Donaldson v. United States Dep't OF Labor
  930 F.2d 339· 4th Cir.· 1991-04-03 ·cited 2×
• Caldwell v. LeFAVER
  928 F.2d 331· 9th Cir.· 1991-03-20 ·cited 2×
  The social workers' conduct is shielded by qualified immunity because they did not violate clearly established constitutional or statutory rights of the parent.
• Sassower v. Carlson
  930 F.2d 583· 8th Cir.· 1991-03-15 ·cited 2×
  The court held that the district court correctly dismissed the appellant's frivolous actions and properly enjoined him from filing further civil actions without court leave.
• Ass'n OF Am. Med. Colleges v. Cuomo
  928 F.2d 519· 2d Cir.· 1991-03-12 ·cited 2×
  The court held that a state statute requiring disclosure of standardized test materials does not necessarily conflict with the federal Copyright Act, and preemption should not be found so easily.
• Int'l Ass'n OF MacHinists & Aerospace Workers v. Transportes Aereos Mercantiles PAN Americandos, S.A.
  924 F.2d 1005· 11th Cir.· 1991-02-27 ·cited 2×
  The court held that the Railway Labor Act's duty to bargain in good faith, codified in § 2 First, precludes a carrier from making unilateral changes in working conditions after negotiations have commenced, even without a prior collective bargaining agreement, if there is a histor
• Milliron v. City OF Madison
  575 So. 2d 732· Fla. 1st DCA· 1991-02-26 ·cited 2×
  The Millirons challenged a circuit court's dismissal of their complaint against the City of Madison's Zoning Board for approving a restricted use permit for a county jail facility. The appellate court granted their petition for certiorari, finding the circuit court erred in dismi
• Fed. Express Corp. v. Tenn. Pub. Serv. Comm'n
  925 F.2d 962· 6th Cir.· 1991-02-14 ·cited 2×
  The court held that the district court did not err in applying the Younger abstention doctrine, affirming the dismissal of the case.
• Douglas v. River Grove "I" Mobile Homeowners Ass'n, Inc.
  574 So. 2d 293· Fla. 5th DCA· 1991-02-14 ·cited 2×
  The court held that the mobile home park owners were entitled to attorney's fees as the prevailing party after securing the dismissal of the class action lawsuit.
• State OF Colo. v. Resolution Tr. Corp.
  926 F.2d 931· 10th Cir.· 1991-02-11 ·cited 2×
  The court held that the RTC's interpretation of 12 U.S.C. § 1823(k) to permit branch banking in violation of the McFadden Act was incorrect and not entitled to deference.
• Boyle v. Burke
  925 F.2d 497· 1st Cir.· 1991-02-06 ·cited 2×
  The court held that defendants are entitled to qualified immunity for actions taken before the 1986 amendment to the V.R.R.A. and for constitutional claims, but not necessarily for actions taken after the 1986 amendment or for bad faith implementation of the amended policy.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  756 F. Supp. 1498· M.D. Fla.· 1991-02-04 ·cited 2×
  The Court holds that Scientology has standing to sue and that Clearwater Ordinance 3479-84 is constitutional. The Court grants Scientology's motion for partial summary judgment on standing but denies it on other issues, while denying Clearwater's motion on standing but granting i
• Sibley v. Ball
  924 F.2d 25· 1st Cir.· 1991-01-30 ·cited 2×
  The court held that because the plaintiff's suit sought back pay, it was cognizable under the Little Tucker Act, and therefore the appeal must be transferred to the Court of Appeals for the Federal Circuit, which has exclusive jurisdiction over such appeals.
• Trapper Mining Inc. v. Lujan
  923 F.2d 774· 10th Cir.· 1991-01-15 ·cited 2×
  The Federal Coal Leasing Amendments Act (FCLAA) automatically converts the twenty-year readjustment interval in pre-FCLAA coal leases to ten-year intervals at the first post-FCLAA readjustment date, even if the Secretary of the Interior fails to act on the initial opportunity.
• Libby v. Ill. High Sch. Ass'n
  921 F.2d 96· 7th Cir.· 1990-12-13 ·cited 2×
  A party obtaining a temporary restraining order (TRO) that does not decide the merits of the case is not a "prevailing party" entitled to attorneys' fees under 42 U.S.C. § 1988.
• United States v. ORR Water Ditch Co.
  914 F.2d 1302· 9th Cir.· 1990-12-13 ·cited 2×
  The court held that parties seeking to change water diversion points or uses under the Orr Ditch decree must first exhaust administrative remedies with the Nevada State Engineer, even when challenging the Engineer's jurisdiction.
• SUN Ref. & Mktg. Co. v. Brennan
  921 F.2d 635· 6th Cir.· 1990-12-13 ·cited 2×
  The court held that federal courts must abstain from hearing cases where ongoing state judicial proceedings implicate important state interests and offer an adequate opportunity to raise constitutional claims, even if those claims involve federal preemption.
• Boca Grande Prop. Owners Ass'n, Inc. v. Boca Dev. Assocs., Inc.
  570 So. 2d 1091· Fla. 4th DCA· 1990-12-05 ·cited 2×
  The court held that the judgment on Count I was not a final, appealable order because Count I was interrelated with the other counts of the complaint.
• Hernandez v. W.L. Garrison
  916 F.2d 291· 5th Cir.· 1990-11-05 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition, as the appellant's claims were either moot, not cognizable in habeas, or based on a misinterpretation of statutory amendments.
• Hughes v. Ohio Bell Tel. Co.
  916 F.2d 367· 6th Cir.· 1990-10-18 ·cited 2×
  The court held that the Ohio statute does not grant an independent right to a leave of absence, and any such right must be determined by the collective bargaining agreement, thus federal jurisdiction under LMRA section 301 was proper and remand was not required.
• Mitchell v. Consol. Freightways Corp. of Del.
  747 F. Supp. 1446· M.D. Fla.· 1990-09-24 ·cited 2×
  The court held that punitive damages are not available under Fla.Stat. § 61.1301(2)(j)(2) because the statute enumerates specific remedies and does not include punitive damages. The court also held that a jury trial is available for claims under this statute, as the remedy sought
• Kerr-McGEE Chem. Corp. v. City OF W. Chicago
  914 F.2d 820· 7th Cir.· 1990-09-20 ·cited 2×
  The court held that the Atomic Energy Act does not preempt a municipal ordinance that on its face targets only health and safety hazards unrelated to radiation hazards, and that Kerr-McGee stated a cause of action under 42 U.S.C. § 1983 to enforce its federal rights under the AEA
• Bennett Salamon, M.D. v. Karan Munuswamy, M.D., P.A.
  566 So. 2d 899· Fla. 4th DCA· 1990-09-12 ·cited 2×
  A medical employer sought and obtained a temporary injunction against his former employee to enforce a noncompetition agreement restricting the employee from practicing medicine within seven miles of the employer's office for 24 months. The appellate court affirmed the injunction
• Marshall v. Sprecher
  567 So. 2d 477· Fla. 2d DCA· 1990-09-07 ·cited 2×
• 3M Health Care, Ltd. v. Grant
  908 F.2d 918· 11th Cir.· 1990-08-13 ·cited 2×
  The court held that Florida's Drug & Cosmetic Act, as applied to 3M's warehousing of export-only pharmaceuticals in a foreign trade zone, is preempted by the Foreign Trade Zones Act because it frustrates the federal purpose of facilitating foreign commerce.
• DELTA Servs. & Equip., Inc. v. Ryko Mfg. Co.
  908 F.2d 7· 5th Cir.· 1990-08-13 ·cited 2×
  A distributorship agreement with specific termination provisions for default or sales volume failure is still a contract of indefinite duration terminable at will upon reasonable notice, absent unequivocal language to the contrary.
• State v. Anclote Manor Hosp., Inc.
  566 So. 2d 296· Fla. 2d DCA· 1990-08-08 ·cited 2×
  The Court held that the interpretation of Missouri's viability testing provision does not conflict with prior decisions and does not impose an undue burden on a woman's abortion decision.
• Duer Spring & Mfg. Co., Inc. v. Commonwealth OF Pa. Dep't OF Labor & Indus.
  906 F.2d 968· 3d Cir.· 1990-07-10 ·cited 2×
  The court held that Pennsylvania's unemployment compensation law, which provides benefits in cases of constructive lockout, is not preempted by the National Labor Relations Act (NLRA).
• Birdsong v. Wrotenbery
  901 F.2d 1270· 5th Cir.· 1990-05-29 ·cited 2×
  A post-judgment motion to clarify a judgment that alters its scope is treated as a Rule 59(e) motion, requiring a new notice of appeal to maintain appellate jurisdiction.
• Mathes v. United States
  901 F.2d 1031· 11th Cir.· 1990-05-22 ·cited 2×
  The court held that the district court lacked jurisdiction to enjoin the collection of federal income taxes because the taxpayer had an adequate legal remedy by filing a timely petition with the Tax Court.
• Inmates OF THE Allegheny Cnty. Jail v. Cyril H. Wecht
  901 F.2d 1191· 3d Cir.· 1990-04-19 ·cited 2×
  The court held that the district court did not err in imposing sanctions for violating jail population limits, but must remand for further proceedings on the inmates' attorney fee petition.
• CSX Transp., Inc. v. The Pub. Utils. Comm'n OF Ohio
  901 F.2d 497· 6th Cir.· 1990-04-13 ·cited 2×
  State regulations concerning the transportation of hazardous materials by rail are preempted by the Federal Railroad Safety Act (FRSA) if they relate to railroad safety, even if enacted under the Hazardous Materials Transportation Act (HMTA).
• Am. Fed'n OF State v. Tristano
  898 F.2d 1302· 7th Cir.· 1990-04-06 ·cited 2×
  The court held that the district court erred in applying Younger abstention to claims for prospective relief, but affirmed dismissal of claims for monetary and retroactive relief based on Eleventh Amendment immunity.
• United States v. Rent Am.
  734 F. Supp. 474· S.D. Fla.· 1990-04-04 ·cited 2×
  The court held that the Fair Housing Amendments Act of 1988 can be applied retroactively to alleged discrimination occurring before its effective date, and that 'monetary damages' includes compensatory and punitive damages.
• United States v. Campbell
  897 F.2d 1317· 5th Cir.· 1990-03-27 ·cited 2×
  The court held that the promoter's misrepresentations regarding the economic substance of Brazilian currency notes and the value of tax shelter investments violated IRS Code Section 6700, justifying an injunction, but modified the injunction's duration for affirmative obligations
• Lindsey v. Wells
  901 F.2d 96· 8th Cir.· 1990-03-05 ·cited 2×
  The court held that a claim attacking the fact or length of confinement requires exhaustion of state remedies before federal court intervention.
• United Transp. Union v. Grand Trunk W. R.R. Co.
  901 F.2d 489· 6th Cir.· 1990-02-21 ·cited 2×
  The Railway Labor Act does not compel a railroad to engage in national multi-employer collective bargaining if it opts for individual bargaining before negotiations begin.
• Fabulous Assocs., Inc. v. Pa. Pub. Util. Comm'n
  896 F.2d 780· 3d Cir.· 1990-02-16 ·cited 2×
  The court held that the Pennsylvania statute requiring access codes for sexually explicit telephone messages impermissibly burdened adult First Amendment rights and was not the least restrictive means to protect minors.
• Cruz v. The City OF Coral Gables
  560 So. 2d 1196· Fla. 3d DCA· 1990-02-13 ·cited 2×
  The Cruzes appealed a declaratory judgment that denied their request to have a parcel of land declared as their property and sought injunctive relief. The court affirmed the judgment, holding that the land was properly dedicated to the City of Coral Gables in 1947 and has not bee
• Hardwick v. Cuomo
  891 F.2d 1097· 3d Cir.· 1989-12-19 ·cited 2×
  The Tax Injunction Act bars federal court jurisdiction over challenges to state taxes when a plain, speedy, and efficient remedy exists in state courts, and New York provides such a remedy for the challenged tax.
• Am. Ry. & Airway Supervisors Ass'n v. SOO Line R.R. Co.
  891 F.2d 675· 8th Cir.· 1989-12-13 ·cited 2×
  The Railway Labor Act (RLA) does not obligate a railroad to participate in national bargaining for health and welfare benefits if national negotiations have not yet commenced; the railroad has a statutory right to select its own bargaining representative and can choose to bargain
• The Hibernia Sav. Bank v. Ballarino
  891 F.2d 370· 1st Cir.· 1989-12-11 ·cited 2×
  The court affirmed summary judgment, holding that injunctive relief for disclosure violations requires traditional equitable grounds like irreparable harm, which were not met here after the deficiencies were cured.
• Equal Emp. Opportunity Comm'n v. Carolina Freight Carriers Corp.
  723 F. Supp. 734· S.D. Fla.· 1989-10-26 ·cited 2×
  The court held that the defendant's conviction policy, while facially neutral, had a disparate impact on Hispanic applicants, and the EEOC failed to prove that the policy was a business necessity for controlling theft.