Injunctive Relief

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

• Fed. Home Loan Bank Bd. v. R.Y. Empie
  778 F.2d 1447· 10th Cir.· 1985-11-26 ·cited 2×
  Federal regulations governing federally chartered savings institutions preempt state laws that prohibit the use of the word 'bank' in advertising, as such state laws directly conflict with federal law under the Supremacy Clause.
• Grumman Ohio Corp. v. Dole
  776 F.2d 338· D.C. Cir.· 1985-11-05 ·cited 2×
  The court held that UMTA was not obligated to provide Grumman with the full arbitral forum and procedures requested, as UMTA had no contractual duty and no basis for equitable estoppel.
• Sprecher v. Thomson von Stein
  772 F.2d 16· 2d Cir.· 1985-09-20 ·cited 2×
  The court held that the district court properly dismissed the complaint because the SEC is immune from suit for injunctive relief and damages, and its officials are immune from suit for damages.
• Patten v. Glaser
  771 F.2d 1178· 8th Cir.· 1985-09-05 ·cited 2×
  The court held that the district court did not err in dismissing the appellant's claims against the state judge.
• Postscript Enters., Inc. v. Hon. George F. Westfall
  771 F.2d 1132· 8th Cir.· 1985-08-27 ·cited 2×
  The court held that the district court erred in refusing to address the constitutionality of certain statutes and that the forfeiture statute was not applicable to the seized property. The court affirmed in part, reversed in part, and remanded for further proceedings.
• Knolls Action Project v. Knolls Atomic Power Lab. ("Kapl")
  771 F.2d 46· 2d Cir.· 1985-08-26 ·cited 2×
  The court held that the appellants have no First Amendment right to distribute literature on the grounds of the Knolls Atomic Power Laboratory (KAPL).
• Savidge v. Jaylor Fincannon
  768 F.2d 639· 5th Cir.· 1985-08-15 ·cited 2×
  Lawsuits filed by individuals who are members of a class in a pending injunctive decree action should initially be handled by the court administering that decree.
• Piereth v. OLD Bridge Corp.
  473 So. 2d 288· Fla. 2d DCA· 1985-08-02 ·cited 2×
  The court reviewed a landlord's appeal concerning a rule prohibiting real estate broker signs on mobile home premises and a tenants' counterclaim for damages due to interference with mobile home sales.
• Thornquest v. King
  626 F. Supp. 486· M.D. Fla.· 1985-07-25 ·cited 2×
  Florida community colleges are considered arms of the state for Eleventh Amendment purposes, thus immune from suit in federal court for damages.
• Goldfarb v. Supreme Court OF Va.
  766 F.2d 859· 4th Cir.· 1985-07-03 ·cited 2×
  The court held that Virginia's rule requiring full-time practice for admission to the bar without examination does not violate the Commerce Clause or the Due Process Clause.
• Olivieri v. Ward
  766 F.2d 690· 2d Cir.· 1985-06-28 ·cited 2×
  The court held that the Police Department's plan to restrict demonstrations on the sidewalk in front of St. Patrick's Cathedral during the Gay Pride March was a reasonable time, place, and manner restriction justified by public safety concerns.
• S.C. Stevedores Ass'n v. Local NO. 1422
  765 F.2d 422· 4th Cir.· 1985-06-19 ·cited 2×
  The court held that the injunction was improperly granted because the dispute was already resolved by an enforced arbitration award under the master contract, meaning no further arbitration obligation existed under local contract provisions.
• Hahnemann Univ. v. Dist. 1199C
  765 F.2d 38· 3d Cir.· 1985-06-11 ·cited 2×
  The court held that the arbitrator, not the court, has jurisdiction to determine the scope of the collective bargaining agreement and the arbitrator's authority, even if the arbitrator might rule against the union.
• Williams v. Mercer
  610 F. Supp. 169· S.D. Fla.· 1985-05-31 ·cited 2×
  The district court granted the Defendant Committee's motion to dismiss for lack of subject matter jurisdiction, finding it lacked authority to entertain challenges to subpoenas issued under the Judicial Councils Reform and Judicial Conduct and Disability Act.
• Chamber OF Tourism OF the Americas, Inc. v. Miss Am. Latina, Inc.
  469 So. 2d 932· Fla. 3d DCA· 1985-05-28 ·cited 2×
• L & L Started Pullets, Inc. v. Gourdine
  762 F.2d 1· 2d Cir.· 1985-05-01 ·cited 2×
  The court held that federal law does not preempt New York City's egg weight regulations, and the regulations do not unduly burden commerce, especially when the city allows for weight loss during transit.
• Lucas v. Bolivar Cnty.
  756 F.2d 1230· 5th Cir.· 1985-04-11 ·cited 2×
  The court held that the district court's February 14 order approving a redistricting plan and retaining jurisdiction was not a final judgment or an appealable interlocutory order. Therefore, the appeal was dismissed.
• Salfi v. Laurel K. Ising
  464 So. 2d 687· Fla. 5th DCA· 1985-03-07 ·cited 2×
  A party is not entitled to attorney's fees for a second attorney who merely joined in a motion to dismiss and did not provide substantial legal services beyond those of the primary counsel.
• Blue Cross & Blue Shield Ass'n v. Blue Cross Mut. Clinic, Inc.
  612 F. Supp. 41· S.D. Fla.· 1985-02-28 ·cited 2×
  The court held that the defendant's use of the BLUE CROSS service marks infringed upon the plaintiff's registered marks, causing confusion and dilution, and granted summary judgment for the plaintiff.
• OLD Bridge Corp. v. Dugan
  463 So. 2d 1200· Fla. 2d DCA· 1985-01-25 ·cited 2×
  The court reviewed a landlord's appeal concerning a rule prohibiting real estate broker signs on mobile home premises and a tenants' counterclaim for damages due to interference with mobile home sales.
• Warner Bros. Inc. v. Wilkinson
  782 F.2d 136· 10th Cir.· 1985-01-15 ·cited 2×
  The court held that the district court's dismissal was improperly vague and not a final judgment because it was unclear whether all claims were adjudicated. The appeal is dismissed and the cause remanded.
• Upper Keys Citizens Ass'n, Inc. v. Monroe Cnty. & City Nat'l Bank of Miami
  467 So. 2d 1018· Fla. 3d DCA· 1985-01-08 ·cited 2×
  Upper Keys Citizens Association appealed a Monroe County Commission decision approving an amended development order for a PUD project, challenging both the timeliness of the appeal and the association's standing to bring the action. The court reversed the trial court's summary ju
• Fla. Defenders OF THE Env't, Inc. v. Graham
  462 So. 2d 59· Fla. 1st DCA· 1984-12-28 ·cited 2×
  The court held that certain appropriations in the 1983 General Appropriations Act violated Article III, Sections 6 and 12 of the Florida Constitution by impermissibly amending existing law.
• Wis's. Env't Decade, Inc. v. State BAR OF Wis.
  747 F.2d 407· 7th Cir.· 1984-10-30 ·cited 2×
  The court held that the case was not ripe for adjudication because there was no substantial controversy of sufficient immediacy and reality, as the threat of enforcement was not sufficiently concrete or imminent.
• Am. Airways Charters, Inc. v. Regan
  746 F.2d 865· D.C. Cir.· 1984-10-23 ·cited 2×
  The Office of Foreign Assets Control (OFAC) does not have the authority to prevent a corporation from being represented by counsel, even if designated a 'Cuban national'.
• Sydney Polly v. Navarro
  457 So. 2d 1140· Fla. 4th DCA· 1984-10-23 ·cited 2×
  Appellants challenged the placement of Republican candidate Nicholas Navarro on the ballot for Broward County Sheriff, arguing he violated a six-month disaffiliation statute by switching from Democrat to Republican within six months of the general election. The court reversed the
• Am. Booksellers Ass'n, Inc. v. Webb
  744 F.2d 784· 11th Cir.· 1984-10-22 ·cited 2×
  The court certified questions to the Georgia Supreme Court regarding the constitutionality of a state act and its construction, abstaining from deciding the federal claims pending state court resolution.
• Retail, Wholesale & Dep't Store Union, AFL-CIO v. Nat'l Labor Relations Bd. & Scioto Downs, Inc.
  745 F.2d 358· 6th Cir.· 1984-10-03 ·cited 2×
  The district court correctly dismissed the union's action for lack of subject matter jurisdiction because the National Labor Relations Board has exclusive jurisdiction over unfair labor practices, and its discretion to decline jurisdiction over certain industries is generally unr
• Parkway Med. Ctr. v. Heckler
  614 F. Supp. 564· S.D. Fla.· 1984-09-24 ·cited 2×
  The court held that Administrative Regulation 42 C.F.R. § 405.452(b)(1)(ii) is invalid both procedurally for failing to provide an adequate basis and purpose statement and substantively for being arbitrary, capricious, and not in accordance with law.
• Falls Stamping & Welding Co. v. Int'l Union
  744 F.2d 521· 6th Cir.· 1984-09-20 ·cited 2×
  The court held that the company's tortious interference claim was preempted by federal labor law and its breach of contract claim for the 1975 strikes was barred by res judicata.
• E. AIR Lines, Inc. v. Hillsborough Cnty. Aviation Auth.
  454 So. 2d 1076· Fla. 2d DCA· 1984-09-05 ·cited 2×
  Eastern Air Lines appealed a declaratory judgment ruling that its sale of alcoholic beverages at Tampa International Airport violated state law because its lease did not provide for payment of nondiscriminatory concession fees as required by the amended Florida Beverage Law. The
• Ophus A. Hutcherson, Jr. v. Bd. OF Supervisors OF Franklin Cnty.
  742 F.2d 142· 4th Cir.· 1984-08-23 ·cited 2×
  The court held that the Tax Anti-Injunction Act barred federal court jurisdiction because Virginia law provides a plain, speedy, and efficient remedy for challenging state taxes, and affirmed the award of attorneys' fees.
• ALL Am. Distrib. Co., Inc. v. Miller Brewing Co.
  736 F.2d 530· 9th Cir.· 1984-06-29 ·cited 2×
  A party can be considered a 'prevailing party' entitled to attorney fees under the Arizona Spirituous Liquor Franchises Act even without a full adjudication on the merits, if the totality of the litigation shows they prevailed.
• United States v. Lambert
  589 F. Supp. 366· M.D. Fla.· 1984-06-11 ·cited 2×
  The court held that the defendant's filling operations in wetlands adjacent to navigable waters violated the Clean Water Act, but ordered restoration only for the western wetland, deeming it not unduly burdensome and environmentally beneficial.
• Equal Emp. Opportunity Comm'n v. Ford Motor Co.
  732 F.2d 120· 10th Cir.· 1984-04-16 ·cited 2×
  The EEOC is entitled to a jury trial in an action to enforce the Age Discrimination in Employment Act (ADEA) seeking monetary damages and injunctive relief.
• Sisson v. United States
  736 F.2d 1275· 9th Cir.· 1984-04-06 ·cited 2×
  The court held that the district court did not err in dismissing the complaint for failure to exhaust administrative remedies within the military justice system.
• Global Int'l Airways Corp. v. The Port Auth. OF NEW York & NEW Jersey
  731 F.2d 127· 2d Cir.· 1984-03-14 ·cited 2×
  The court clarified that its prior decision addressed only facial preemption and did not resolve claims of unreasonable burden on commerce, discrimination, or operational preemption, which remain for the district court to consider.
• Merritt v. Smith
  446 So. 2d 263· Fla. 2d DCA· 1984-03-09 ·cited 2×
  The Merritts sold their laundry and dry cleaning business to the Smiths under a contract containing a five-year non-compete covenant for Sarasota County. When the Smiths sued for alleged breach, the trial court entered default judgment against the Merritts for $20,000 based on tr
• High Adventure Ministries, Inc. v. Commissioner OF Internal Revenue
  726 F.2d 555· 9th Cir.· 1984-02-22 ·cited 2×
  The court held that the Tax Court correctly dismissed the petition for lack of jurisdiction because the petitioner failed to allege an actual controversy regarding its tax-exempt status under I.R.C. § 7428.
• Porta v. Mayor Boyle
  726 F.2d 446· 8th Cir.· 1984-02-07 ·cited 2×
  The court held that the case should be remanded for reconsideration in light of a new Supreme Court precedent and for the district court to address several procedural and substantive issues.
• Hilary Davis v. Page
  714 F.2d 512· 5th Cir.· 1983-09-15 ·cited 2×
  The court held that the plaintiff's claim against the state judges for declaratory and injunctive relief never presented a case or controversy because the underlying dependency proceeding had concluded, rendering the claim moot.
• Wedbush v. Sec. & Exch. Comm'n
  714 F.2d 923· 9th Cir.· 1983-08-30 ·cited 2×
  The court held that a prior judgment, even with a pending petition for rehearing, has stare decisis effect, and denied the SEC's motion for a stay of an injunction.
• Dynamic Cablevision OF Fla., Inc. v. Lennar Corp.
  434 So. 2d 27· Fla. 3d DCA· 1983-07-05 ·cited 2×
• The Lake Worth Utils. Auth. v. Honorable Rosemary Barkett
  433 So. 2d 1278· Fla. 4th DCA· 1983-06-29 ·cited 2×
  The Lake Worth Utilities Authority sought a writ of prohibition to prevent a circuit court judge from exercising jurisdiction over a dispute concerning a ten percent surcharge on electric service. The court held that the Public Service Commission has exclusive jurisdiction over t
• Sutton v. Bloom
  710 F.2d 1188· 6th Cir.· 1983-06-27 ·cited 2×
  The court held that the Suttons' housing discrimination claim under 42 U.S.C. §§ 1981 and 1982 was barred by the 180-day statute of limitations found in the Ohio Fair Housing Act, as it was the most analogous state statute.
• Metro. Life Ins. Co. v. Austin
  433 So. 2d 36· Fla. 2d DCA· 1983-06-17 ·cited 2×
  This case involves a dispute over the hours during which air conditioning must be provided under a commercial lease. The appellate court reversed the trial court's denial of a permanent injunction, finding that the tenant was entitled to air conditioning during the hours specifie
• NAACP v. State OF Cal.
  711 F.2d 121· 9th Cir.· 1983-05-31 ·cited 2×
• ADS IN Motion-Florida, Inc. v. City OF Fort Lauderdale
  429 So. 2d 806· Fla. 4th DCA· 1983-04-13 ·cited 2×
  Ads In Motion, a company operating mobile billboards on trucks, challenged Fort Lauderdale's ordinance prohibiting "snipe signs." The court reversed the trial court's decision, finding the ordinance was unconstitutionally applied through selective enforcement against mobile adver
• Penthouse Int'l, Ltd. v. Hinson McAULIFFE
  702 F.2d 925· 11th Cir.· 1983-04-11 ·cited 2×
  The court granted a rehearing en banc, vacating the prior panel decision.
• Fla. Nat'l Bank AT Orlando v. Gen. Elec. Credit Corp.
  429 So. 2d 1247· Fla. 5th DCA· 1983-03-30 ·cited 2×
  Florida National Bank appeals from a temporary injunction freezing a savings account. The court reverses, holding that injunctive relief is inappropriate regarding bank accounts because funds are fungible and damages provide an adequate remedy at law.