Injunctive Relief

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

• Shaw v. State OF Or. Pub. Emps'. Ret. Bd.
  887 F.2d 947· 9th Cir.· 1989-10-11 ·cited 2×
  The court held that the Oregon statute providing differential retirement benefits for police and firefighters does not violate the Equal Protection Clause because it rationally furthers legitimate state interests.
• Cinema Blue OF Charlotte v. Gilchrist
  887 F.2d 49· 4th Cir.· 1989-10-05 ·cited 2×
  Federal courts must abstain from interfering with pending state criminal proceedings unless there's a clear showing that the state proceeding won't adequately protect constitutional rights.
• Trojan, Inc. v. Shat-R-Shield, Inc.
  885 F.2d 854· Fed. Cir.· 1989-09-12 ·cited 2×
  The court affirmed the district court's refusal to enjoin Trojan from offering infringing lamps to the Department of Defense.
• Amarillo Prod. Credit Ass'n v. Farm Credit Admin.
  887 F.2d 507· 5th Cir.· 1989-09-11 ·cited 2×
  The Farm Credit Administration acted within its statutory authority in prohibiting Amarillo Production Credit Association's withdrawal from the Farm Credit System through reorganization, as the plan constituted a liquidation under the Act.
• E.W. French & Sons, Inc. v. Gen. Portland Inc.
  885 F.2d 1392· 9th Cir.· 1989-08-31 ·cited 2×
  The court held that the district court erred in striking co-conspirator statements under an outdated standard and in its jury instruction regarding a conspiracy to eliminate a competitor. It also found the district court abused its discretion regarding the authentication and prob
• Sierra Club v. Larson
  882 F.2d 128· 4th Cir.· 1989-08-17 ·cited 2×
  The court held that the FHWA's decision not to initiate enforcement proceedings against South Carolina under the Highway Beautification Act is an action committed to agency discretion by law and is therefore not subject to judicial review under the Administrative Procedure Act.
• The Town OF Huntington v. Marsh
  884 F.2d 648· 2d Cir.· 1989-08-14 ·cited 2×
  The court held that the district court erred in reimposing a permanent injunction without balancing equities and conducting an evidentiary hearing to determine actual or threatened irreparable environmental injury.
• In re Chicago
  882 F.2d 1188· 7th Cir.· 1989-08-14 ·cited 2×
  The court held that the Escanaba, by exercising its right of first refusal, stepped into the shoes of the Soo and assumed the labor protection obligations under Order No. 809 and the MRRA, and the reorganization court retained jurisdiction to impose these obligations.
• National-Standard Co. v. Valdas V. Adamkus
  881 F.2d 352· 7th Cir.· 1989-07-17 ·cited 2×
  The court held that the Resource Conservation and Recovery Act (RCRA) section 6927(a) authorizes EPA to inspect facilities and obtain samples, and that the administrative search warrant was properly issued based on sufficient probable cause.
• Swanco Ins. Company-Arizona v. Hager
  879 F.2d 353· 8th Cir.· 1989-07-12 ·cited 2×
  The Product Liability Risk Retention Act does not preempt Iowa from requiring an insurer of an out-of-state purchasing group with Iowa members to be licensed in Iowa, as the Act only preempts specific state laws and does not mandate total preemption of nondomiciliary state licens
• Carrigan v. Exxon Co. U.S.A.
  877 F.2d 1237· 5th Cir.· 1989-07-11 ·cited 2×
  The court held that the Unitization Agreement abrogated the landowners' right under the original leases to require the oil company to bury its pipelines below plow depth.
• Sokol v. Moses
  545 So. 2d 950· Fla. 3d DCA· 1989-06-27 ·cited 2×
  Robert Sokol appeals a dismissal of his petition to revoke probate and set aside a family administration order, claiming the will admitted was a forgery he participated in presenting. The court affirms the dismissal based on multiple independent grounds, including Sokol's lack of
• J. Sternberg, S. Schulman & Assocs., M.D., P.A. v. Hosp. Corp. OF Am.
  571 So. 2d 1334· Fla. 4th DCA· 1989-06-21 ·cited 2×
  Radiologists appealed a trial court's denial of a temporary injunction seeking to prevent a hospital from restricting their services after the hospital conducted a competitive bidding process for radiologist services and awarded the contract to another group. The appellate court
• Darrell Bedoni and his parents v. Navajo-Hopi Indian Relocation Comm'n
  878 F.2d 1119· 9th Cir.· 1989-06-20 ·cited 2×
  The court held that the Navajo and Hopi Indian Relocation Amendments of 1988 clarified existing law, allowing jurisdiction over the case, and that the NHIRC breached its fiduciary duty to the Bedonis by encouraging their children to apply for benefits independently, leading to a
• Seva Resorts, Inc. v. Hodel
  876 F.2d 1394· 9th Cir.· 1989-06-02 ·cited 2×
  The Secretary of the Interior did not abuse his discretion in refusing to sign concession contracts, as he had the authority to terminate negotiations prior to execution if it was in the best interest of the government.
• Greenwood v. City OF Delray Beach
  543 So. 2d 451· Fla. 4th DCA· 1989-05-24 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a temporary injunction because the appellant failed to demonstrate irreparable harm, lack of an adequate remedy at law, or a clear legal right to relief, particularly given the significant delay in challe
• Benline v. City of Deland
  731 F. Supp. 464· M.D. Fla.· 1989-04-27 ·cited 2×
  Res judicata bars claims that were or could have been litigated in the second state court proceeding, and collateral estoppel bars relitigation of issues decided in the first state court proceeding.
• WJW-TV, Inc. v. City OF Cleveland
  878 F.2d 906· 6th Cir.· 1989-03-16 ·cited 2×
  The court held that an intervening decision by the Ohio Supreme Court, which resolved the underlying factual dispute based on state and municipal law, rendered the federal appeal moot, thus vacating the district court's judgment.
• Normandy B. Condo. Ass'n, Inc. v. Normandy C. Ass'n, Inc.
  541 So. 2d 1263· Fla. 4th DCA· 1989-03-15 ·cited 2×
  Florida appellate court reversed denial of injunction against speed bumps placed on common roadway, holding that willful encroachment on an easement cannot be justified by balancing conveniences when the encroachment is intentional.
• Fed. Election Comm'n v. Furgatch
  869 F.2d 1256· 9th Cir.· 1989-03-08 ·cited 2×
  The court held that the district court did not abuse its discretion in assessing a $25,000 civil penalty, but erred in granting a permanent injunction without sufficient findings and specificity.
• Guardian Plans Inc. v. Teague
  870 F.2d 123· 4th Cir.· 1989-03-07 ·cited 2×
• Redner v. Citrus Cnty.
  710 F. Supp. 318· M.D. Fla.· 1989-02-13 ·cited 2×
  The court held that abstention was not warranted, and granted dismissal in part for claims related to damages and statutory notice, while denying dismissal for injunctive relief and dismissing claims based on unconstitutional bond conditions and conspiracy.
• Leo M. Mullen, M.D. v. Household Bank-Federal Sav. Bank
  867 F.2d 586· 10th Cir.· 1989-02-10 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion to amend the complaint because the proposed amendments were futile, and affirmed the dismissal of the appeal as frivolous, remanding for sanctions.
• Quail Creek Prop. Owners Ass'n, Inc. v. Hunter
  538 So. 2d 1288· Fla. 2d DCA· 1989-02-03 ·cited 2×
  Property owners in an upscale subdivision challenged a restrictive covenant prohibiting signs on residential lots, claiming it violated their First Amendment right to free speech. The Florida appellate court reversed, holding that enforcement of private restrictive covenants does
• Nat'l Coal. Against THE Misuse OF Pesticides v. Env't Prot. Agency
  867 F.2d 636· D.C. Cir.· 1989-02-03 ·cited 2×
  The court held that the EPA's interpretation of FIFRA section 6(a)(1) allowing consideration of sales during litigation for existing stocks in settlement agreements is permissible and that the district court erred in enjoining the sale of existing stocks.
• AIR CAL, Inc. v. City & Cnty. OF SAN Francisco
  865 F.2d 1112· 9th Cir.· 1989-01-17 ·cited 2×
  The court held that the City's prevailing wage ordinance is invalid as applied to the airlines because it interferes with the Airports Commission's contractual authority, as delegated by the City Charter.
• Community FOR Creative Non-Violence v. Kerrigan
  865 F.2d 382· D.C. Cir.· 1989-01-17 ·cited 2×
  The court held that the 24-hour restriction on demonstration props is a valid time, place, and manner regulation because it is reasonably related to the Board's statutory authority to regulate traffic and is narrowly tailored to serve the significant governmental interest in main
• Austin v. Berryman
  862 F.2d 1050· 4th Cir.· 1988-12-06 ·cited 2×
  The court held that the Virginia statute disqualifying spouses from unemployment benefits is not facially unconstitutional but violates the Free Exercise Clause as applied to Austin; however, the Eleventh Amendment bars retroactive monetary relief.
• Sierra Club v. United States Nuclear Regulatory Comm'n & the United States
  862 F.2d 222· 9th Cir.· 1988-11-30 ·cited 2×
  The court held that the Appeal Board acted arbitrarily in deeming the Sierra Club's zircaloy-fire contention inadmissible, and that the agency must hold a hearing on the contention. The court also found that the denial of contention 1(B)(7) regarding alternatives was supported by
• Burch v. Barker
  861 F.2d 1149· 9th Cir.· 1988-11-18 ·cited 2×
  A school policy requiring prior review and potential censorship of all student-written, non-school-sponsored materials distributed on school grounds violates the First Amendment.
• Scottish AIR Int'l, Inc. v. British Caledonian Grp., PLC
  860 F.2d 57· 2d Cir.· 1988-10-31 ·cited 2×
  The court held that the district court erred by dismissing the entire action on forum non conveniens grounds without considering the plaintiffs' claims for damages and contempt.
• The W. & S. Life Ins. Co. v. George and Regina Smith
  859 F.2d 407· 6th Cir.· 1988-10-07 ·cited 2×
  The court held that HUD's denial of the Smiths' mortgage assignment request was not arbitrary, capricious, or an abuse of discretion, as the Smiths failed to provide sufficient evidence that their default was caused by circumstances beyond their control.
• Ward v. City OF Portland & Robert Aichele
  857 F.2d 1373· 9th Cir.· 1988-09-29 ·cited 2×
  The court held that a justiciable controversy exists because the police policy requiring officers to write incident reports before consulting counsel is capable of repetition, yet evading review, even though the specific officers involved were not disciplined.
• Brotherhood Railway Carmen v. CSX Transp., Inc.
  855 F.2d 745· 11th Cir.· 1988-09-19 ·cited 2×
  The district court lacked subject matter jurisdiction because the lawsuit constituted a collateral attack on an arbitration award subject to review by the ICC and then the Court of Appeals.
• Ponchik v. Commissioner OF Internal Revenue
  854 F.2d 1127· 8th Cir.· 1988-08-31 ·cited 2×
  The court held that the taxpayer's claim for injunctive relief against tax collection could proceed under a judicial exception to the anti-injunction act because the IRS's assessment was demonstrably erroneous and the taxpayer would suffer irreparable harm.
• Athridge v. Quigg
  852 F.2d 621· D.C. Cir.· 1988-08-02 ·cited 2×
  The court held that the United States Court of Appeals for the Federal Circuit has exclusive jurisdiction over appeals concerning practice before the Patent and Trademark Office.
• Clark Mershon v. Kyser
  852 F.2d 335· 8th Cir.· 1988-07-21 ·cited 2×
  The court held that the allegations of bad-faith prosecution were insufficient to overcome the Younger abstention doctrine.
• L.O.G. Whaley and wife v. TWO Haynes Enters., Inc.
  534 So. 2d 415· Fla. 1st DCA· 1988-07-13 ·cited 2×
  The court held that the trial court erred in expanding the non-compete clause beyond its plain language to enjoin advertising of specific brands as 'surfing logos'.
• GAY Veterans Ass'n, Inc. v. Secretary OF Defense
  850 F.2d 764· D.C. Cir.· 1988-06-28 ·cited 2×
  The court held that the military's discharge regulations, as applied retrospectively, do not violate decisional law and were properly followed in characterizing the plaintiffs' discharges.
• Kaczala v. Lucas Cnty. Bd. OF Elections
  848 F.2d 85· 6th Cir.· 1988-06-06 ·cited 2×
  The appeal is dismissed because the issues are moot, as the election has passed and the plaintiff has no remaining legally cognizable interest.
• Nat'l R.R. Passenger Corp. v. Commonwealth OF Pa. Pub. Util. Comm'n & Twp. of Tredyffrin. Appeal of Twp. OF Tredyffrin. Appeal of Commonwealth OF Pa. Pub. Util. Comm'n
  848 F.2d 436· 3d Cir.· 1988-06-06 ·cited 2×
  Amtrak's statutory exemption from 'any taxes or other fees' imposed by states includes special assessments for local improvements, as Congress intended to protect Amtrak's fiscal integrity.
• Territorial Court OF THE Virgin Islands v. Richards
  847 F.2d 108· 3d Cir.· 1988-05-27 ·cited 2×
  The Department of the Interior has statutory authority to audit the Territorial Court of the Virgin Islands and to issue subpoenas for relevant documents, and summary enforcement of such subpoenas is permissible. The appeal of the dismissal of the Territorial Court's complaint is
• Rural Alaska Community Action Program v. Smith
  847 F.2d 535· 9th Cir.· 1988-05-23 ·cited 2×
  The court held that the state's amendment to its Community Services Block Grant program plan was not void for lack of a legislative hearing or the governor's signature, as these were not statutorily required for such amendments.
• Cent. Ky. Prod. Credit Ass'n v. United States
  846 F.2d 1460· D.C. Cir.· 1988-05-13 ·cited 2×
  The court held that the enactment of the 1987 Act moots the appellants' challenge to the 1985 Act, but certain issues concerning the 1985 Act's implementing regulations and a directive may remain viable.
• Wolfe v. Marsh
  846 F.2d 782· D.C. Cir.· 1988-05-13 ·cited 2×
  A plaintiff must explicitly demand monetary relief in their complaint or an amended complaint to invoke jurisdiction under the Little Tucker Act.
• News-Press Publ'g Co., Inc. v. Firestone
  527 So. 2d 223· Fla. 2d DCA· 1988-05-06 ·cited 2×
  The News-Press challenged Florida's prohibition on nonvoters coming within fifty feet of polling places, arguing it violated First Amendment rights. The court held the statute unconstitutional on its face as overbroad, finding it prohibited protected speech and presence in tradit
• Webster v. Cnty. OF Orange
  531 So. 2d 176· Fla. 5th DCA· 1988-04-28 ·cited 2×
  Webster, a registered Orange County voter, challenged the establishment of a county charter on the grounds that the County failed to comply with statutory timing requirements for charter elections. The appellate court reversed summary judgment for the County, holding that the 45-
• Glasgow, Inc. v. Federal Highway Administration and Manuel A. Marks
  843 F.2d 130· 3d Cir.· 1988-03-29 ·cited 2×
  The court held that the Federal Highway Administration (FHWA) has discretion in concurring with state highway contract awards and did not abuse that discretion by refusing to concur when the state agency settled a lawsuit with the low bidder by reducing the Disadvantaged Business
• Springfield Indus. Corp. v. The United States
  842 F.2d 1284· Fed. Cir.· 1988-03-29 ·cited 2×
  The court held that the trial court erred in concluding that the ban on importing PC strand was ultra vires, and that the ban was not arbitrary or capricious.
• Smith v. Pa. Glass Sand Corp.
  102 F.R.D. 538· N.D. Fla.· 1988-02-24 ·cited 2×