Injunctive Relief

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

• Blinder v. Sec. & Exch. Comm'n
  837 F.2d 1099· D.C. Cir.· 1988-01-15 ·cited 2×
  The court's majority opinion's instructions for remand are too vague, potentially allowing for protracted litigation and an overly broad inquiry into the relationship with counsel.
• City OF Clearwater v. Studebaker's Dance Club & Lawrence H. Liebling
  516 So. 2d 1106· Fla. 2d DCA· 1987-12-18 ·cited 2×
  The court held that the circuit court departed from the essential requirements of law by ruling on the constitutionality of the city's ordinances unnecessarily and by applying an incorrect standard of review when determining if Studebaker's violated the anti-discrimination ordina
• Lantana Cascade OF Palm Beach, Ltd. v. Lanca Homeowners, Inc.
  516 So. 2d 1074· Fla. 4th DCA· 1987-12-16 ·cited 2×
  This appeal concerns whether a homeowners association (Lanca) can serve as a class representative for mobile home residents in a class action counterclaim. The court reversed the trial court's finding that Lanca qualified as a class representative but affirmed that the countercla
• Superior Eng'g & Elecs. Co., Inc. v. Sanders
  833 F.2d 823· 9th Cir.· 1987-12-01 ·cited 2×
  The court held that the SBA's regulation requiring fixed participation terms and denying hearings upon expiration was consistent with the Small Business Act and constitutional guarantees.
• Josie Jaimes v. Lucas Metro. Hous. Auth. (Lmha)
  833 F.2d 1203· 6th Cir.· 1987-11-20 ·cited 2×
  The court held that a civil rights action seeking damages against HUD is barred by sovereign immunity, and HUD's duty is limited to technical assistance, not correcting all injustices.
• Ballard v. Stanton
  833 F.2d 593· 6th Cir.· 1987-11-05 ·cited 2×
  The court held that a federal court should not enjoin a pending state criminal proceeding unless the defendant demonstrates great and immediate irreparable harm, which was not shown here.
• Stewart v. P.O. Gary Lattanzi
  832 F.2d 12· 2d Cir.· 1987-10-26 ·cited 2×
  The court held that the district court erred in sua sponte dismissing the complaint for failure to state a claim based on absolute immunity without allowing the plaintiff an opportunity to present evidence.
• Turney v. Scroggy
  831 F.2d 135· 6th Cir.· 1987-10-16 ·cited 2×
  The court should not grant qualified immunity to defendants Pershing and Scroggy because their actions violated clearly established constitutional rights regarding inmate due process.
• D.B. Espenship III v. Carter
  514 So. 2d 1108· Fla. 1st DCA· 1987-10-15 ·cited 2×
  This case involves a dispute over exclusive hunting rights on a parcel of land. The appellate court reversed a lower court's decision that granted exclusive hunting rights to one party, finding that those rights had passed to a land trust. However, the court affirmed the denial o
• United States v. Nordbrock
  828 F.2d 1401· 9th Cir.· 1987-09-28 ·cited 2×
  Summary judgment was inappropriate because Nordbrock's reliance on counsel's advice raised a genuine issue of material fact regarding willfulness, which is an essential element for penalties and injunctions under the relevant statutes.
• Carlin v. McKEAN
  823 F.2d 620· D.C. Cir.· 1987-07-17 ·cited 2×
  The court held that Congress's intent to preclude judicial review of the Governors' decisions to appoint and remove the Postmaster General was clear, and therefore the district court lacked jurisdiction to hear the case.
• BEE v. Utah State Prison
  823 F.2d 397· 10th Cir.· 1987-07-10 ·cited 2×
  The court held that the prison's legal assistance program, which provides help through the initial pleading stage, adequately protects an inmate's constitutional right of access to the courts, even for illiterate inmates.
• Chase Fed. Sav. & Loan Ass'n v. Chase Manhattan Fin. Servs. Inc.
  681 F. Supp. 771· S.D. Fla.· 1987-07-02 ·cited 2×
  The court held that the plaintiff failed to establish secondary meaning in the name 'Chase' for its financial services, and thus could not claim exclusive rights or likelihood of confusion sufficient for injunctive relief.
• Bystrom v. Fridley High Sch.
  822 F.2d 747· 8th Cir.· 1987-06-25 ·cited 2×
  The court held that the guidelines' requirement for prior review and approval of all unofficial written material violates the First Amendment.
• LaMarca v. Turner
  662 F. Supp. 647· S.D. Fla.· 1987-06-04 ·cited 2×
  The court affirmed the Magistrate's report and recommendation, overruling defendants' objections regarding jury trial, continuance, recusal, and most factual findings.
• Pasterczyk v. Fair
  819 F.2d 12· 1st Cir.· 1987-05-29 ·cited 2×
  A prior state court judgment for declaratory and injunctive relief, which granted sentence credit, has res judicata effect and bars a subsequent federal § 1983 damages action for the same underlying grievance, as the damages claim could have been raised in the state action.
• Emerson Emory v. Secretary of the Navy
  819 F.2d 291· D.C. Cir.· 1987-05-19 ·cited 2×
  The court held that the district court has subject matter jurisdiction to consider claims of constitutional violations arising from military promotion decisions, even if the promotion process itself is reserved to the executive and legislative branches.
• Goodman v. City of Crystal River
  669 F. Supp. 394· M.D. Fla.· 1987-04-27 ·cited 2×
  The court held that Three Sisters Springs is navigable waters of the United States subject to a federal navigational servitude, thus precluding the plaintiff's claims to restrict public access.
• Int'l Longshoremen's Ass'n v. Int'l Longshoremen's Ass'n
  815 F.2d 637· 11th Cir.· 1987-04-24 ·cited 2×
  The court held that the International Longshoremen's Association (ILA) violated its own constitution by improperly revoking the charter of Local Union 1410-1 and that the district court's injunction was proper.
• Potter v. Captain Ronald McCULLERS
  505 So. 2d 510· Fla. 3d DCA· 1987-03-24 ·cited 2×
  The court held that the state statute prohibiting shrimping in the Tortugas Shrimp Beds is constitutional and not preempted by federal law for areas outside the federal sanctuary.
• Hill v. Ogburn
  812 F.2d 679· 11th Cir.· 1987-03-17 ·cited 2×
  Public housing tenants may bring an action under 42 U.S.C. § 1983 for utility overcharges by local housing authorities in violation of the Brooke Amendment and HUD regulations, but not against HUD itself for failure to enforce.
• Appalachian Power Co. v. Pub. Serv. Comm'n OF W. Va.
  812 F.2d 898· 4th Cir.· 1987-03-04 ·cited 2×
  The court held that the Public Service Commission of West Virginia's (PSC) attempt to scrutinize an interstate energy cost allocation agreement (TEA) under state law is preempted by the Federal Power Act (FPA), as FERC has exclusive jurisdiction over such matters.
• Wright v. Nevil C. Trammell, Jr.
  810 F.2d 589· 6th Cir.· 1987-02-09 ·cited 2×
  The court held that due process is not required for parole determinations when the state has not created a constitutionally protected liberty interest.
• Cavalier Clothes, Inc. v. The United States
  810 F.2d 1108· Fed. Cir.· 1987-01-20 ·cited 2×
  The Claims Court has jurisdiction to entertain a small business's complaint seeking injunctive relief regarding a bid rejection, even after the SBA withdraws a Certificate of Competency.
• Nat'l Treas. Emps. Union & Argent Acosta v. von Raab
  808 F.2d 1057· 5th Cir.· 1987-01-14 ·cited 2×
  The court denied the motion for a stay pending appeal, finding that the equities and public interest did not warrant a stay at that juncture, subject to reconsideration by the panel hearing the merits.
• Black Hills Power & Light Co. v. Caspar W. Weinberger
  808 F.2d 665· 8th Cir.· 1987-01-07 ·cited 2×
  The court held that Ellsworth Air Force Base is a federal enclave under exclusive federal jurisdiction, and federal procurement law does not require federal officials to follow state utility franchise laws when procuring electricity.
• Landahl v. City OF Cape Coral & Gilvesy Constr., Inc.
  502 So. 2d 16· Fla. 2d DCA· 1986-12-19 ·cited 2×
  The court held that Landahl's third-party complaint should have been dismissed because the underlying claim was voluntarily dismissed, and the rule at the time limited third-party claims to indemnification.
• Hastings F Condo. Ass'n, Inc. v. Perlman
  493 So. 2d 1128· Fla. 4th DCA· 1986-09-17 ·cited 2×
  The court held that the condominium associations could not cancel the easement under the statute because it did not pertain to the operation, maintenance, or management of the condominium, and individual residents retained access rights.
• Agee Agric. Equip. Sales v. Trail King Indus.
  800 F.2d 789· 8th Cir.· 1986-09-12 ·cited 2×
  The court remanded the case because the district court's findings were inadequate to review all issues, particularly those concerning franchise law and other claims beyond breach of contract notice provisions.
• Regis Corp. v. The Fusco Corp.
  496 So. 2d 833· Fla. 2d DCA· 1986-08-20 ·cited 2×
  Regis Corporation appealed a trial court order that found the landlord Fusco Corporation breached an exclusivity clause in their commercial lease but denied damages and injunctive relief. The appellate court reversed, holding that a successor judge who did not hear all liability
• United States v. The City OF Philadelphia
  798 F.2d 81· 3d Cir.· 1986-08-01 ·cited 2×
  The court held that the Philadelphia Ordinance, as applied to Temple University's Law School placement services, was preempted by federal law because it conflicted with a discernible Congressional policy promoting military recruitment on college campuses. The court also affirmed
• The Yankton Sioux Tribe OF Indians v. State OF S.D. & Cnty. of Charles Mix
  796 F.2d 241· 8th Cir.· 1986-07-22 ·cited 2×
  The court held that South Dakota, not the Yankton Sioux Tribe, owns the bed of Lake Andes because the state's claim under the equal footing doctrine is preeminent when sovereign title attached before the tribe's aboriginal title ripened.
• Lawson v. Wainwright
  641 F. Supp. 312· S.D. Fla.· 1986-07-18 ·cited 2×
  The court held that the Department of Corrections' refusal to permit inmates to receive Hebrew Israelite religious literature and practice their faith violated the First and Fourteenth Amendments, as the faith was bona fide and the materials did not pose a clear and present dange
• Belveal v. Heckler
  796 F.2d 1261· 10th Cir.· 1986-07-14 ·cited 2×
  The dissenting judge believes the majority's interpretation of § 2(d)(5) is unjust and that the relation-back doctrine should apply to allow appeal of the erroneous denial of class certification.
• United States Jaycees v. Cedar Rapids Jaycees
  794 F.2d 379· 8th Cir.· 1986-06-30 ·cited 2×
  The court held that injunctive relief for trademark infringement should be denied when the plaintiff seeks to enforce its rights inequitably, even if the mark is incontestable and the defendant technically violated bylaws.
• The City OF S. Sioux City v. The W. Area Power Admin. OF the United States Dep't OF Energy
  793 F.2d 181· 8th Cir.· 1986-06-05 ·cited 2×
  The court held that while the agency's decision was reviewable, the cities were ineligible for federal hydroelectric power because they were already receiving benefits indirectly, and there was no evidence of discriminatory treatment.
• Marcal Paper Mills, Inc. v. Ewing
  790 F.2d 195· 1st Cir.· 1986-05-09 ·cited 2×
• Hoke v. Fort Lauderdale Bd. OF Adjustment & City of Fort Lauderdale
  486 So. 2d 698· Fla. 4th DCA· 1986-04-16 ·cited 2×
  John Hoke sought declaratory and injunctive relief regarding a carport he constructed on his property without a permit, claiming it was a parking structure exempt from setback requirements. The trial court dismissed his complaint on res judicata grounds, but the appellate court r
• Stelzel v. S. Indian River Water Control Dist.
  486 So. 2d 65· Fla. 4th DCA· 1986-04-09 ·cited 2×
  A vote-by-acreage scheme for a special purpose water control district is constitutional, even with some urbanization and provision of limited municipal-like services, because the district does not exercise general governmental functions.
• Alexander & Alexander, Inc. v. van Impe
  787 F.2d 163· 3d Cir.· 1986-04-07 ·cited 2×
  A claim for damages arising after a prior judgment is not barred by res judicata, even if a declaratory judgment could have been sought in the prior action.
• Nagy v. Jostens, Inc.
  787 F.2d 446· 8th Cir.· 1986-03-31 ·cited 2×
  The court held that the district court did not err in denying Jostens' motion for injunctive relief regarding the distribution of a donation made by class counsel.
• Bullwinkel v. United States Dep't OF Transp.
  787 F.2d 254· 7th Cir.· 1986-03-28 ·cited 2×
  The court held that the Equal Access to Justice Act (EAJA) does not apply to proceedings for granting or renewing a license, and therefore the NTSB correctly denied the appellant's request for fees and costs.
• Esther M. Mertz for the Estate of Harold E. Mertz v. Lake Padgett Ests. E. Rd. & Bridge Dist.
  487 So. 2d 329· Fla. 2d DCA· 1986-03-26 ·cited 2×
  Esther Mertz, as representative of her deceased husband's estate, appealed a summary judgment dismissing her challenge to ad valorem taxes levied by the Lake Padgett Estates East Road and Bridge District. The court affirmed, holding that Mertz could not simultaneously claim owner
• Okla. Natural GAS Co. v. Mahan & Rowsey, Inc.
  786 F.2d 1004· 10th Cir.· 1986-03-21 ·cited 2×
  The appellate court affirmed the district court's judgment, finding no clear error in its determination of gas communication and rejecting MRI's arguments regarding geological considerations, burden of proof, and the need for an expert witness.
• Palenzuela v. Dade Cnty.
  486 So. 2d 12· Fla. 3d DCA· 1986-03-11 ·cited 2×
  Palenzuela and Vento sought an injunction to prevent Dade County from enforcing an ordinance requiring licensed sheet metal journeymen to supervise fiberglass duct workers on residential construction projects. The court affirmed the denial of the injunction, holding that the ordi
• Tribune-United Cable of Montgomery Cnty. v. Montgomery Cnty.
  784 F.2d 1227· 4th Cir.· 1986-03-10 ·cited 2×
  A cable operator's application for modification of franchise requirements under 47 U.S.C. § 545 automatically stays the franchising authority's ability to enforce penalty provisions for violations occurring prior to or during the modification proceeding.
• Three "M" Invs., Inc. v. United States
  781 F.2d 352· 10th Cir.· 1986-01-17 ·cited 2×
  A district court lacks jurisdiction under 26 U.S.C. § 7426(a) to award damages or grant relief when the alleged wrongful tax levy has been released prior to the commencement of the action.
• Robert Cimasi J. Barleycorn's, Inc. v. City OF Fenton
  781 F.2d 116· 8th Cir.· 1986-01-03 ·cited 2×
  The declaratory judgment exception to res judicata does not apply when a party seeks both declaratory and injunctive relief.
• Dep't OF Revenue v. Seaboard Coastline R.R. Co.
  480 So. 2d 1349· Fla. 1st DCA· 1985-12-13 ·cited 2×
  The Florida Department of Revenue appealed a trial court judgment that granted declaratory and injunctive relief to Seaboard Coastline Railroad Company regarding proposed corporate income tax assessments for 1972 and 1973. The appellate court affirmed in part and reversed in part
• The Steamboaters v. Fed. Energy Regulatory
  777 F.2d 1384· 9th Cir.· 1985-12-05 ·cited 2×
  The court denied the petition for rehearing and all motions for injunctive relief, finding no basis to modify the prior decision or permit continued operation of the hydropower project.