Injunctive Relief

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

• Tower Forty-One Ass'n v. Levitt
  426 So. 2d 1290· Fla. 3d DCA· 1983-02-22 ·cited 2×
  A condominium association sought to enforce its bylaws prohibiting business and religious activities on common elements against a unit owner who operated a real estate brokerage office and displayed a Succah (Jewish religious structure). The trial court granted injunctive relief
• Quail Hollow Farms, Inc. v. Young
  426 So. 2d 1143· Fla. 1st DCA· 1983-02-08 ·cited 2×
• Sydney v. Pingree
  564 F. Supp. 412· S.D. Fla.· 1983-01-17 ·cited 2×
  The court held that Florida Statute § 382.16(5)(a), requiring a child born in wedlock to be given the father's surname, is unconstitutional as it infringes upon the parents' constitutionally protected right to choose their child's name without a reasonable state justification.
• Rhoades v. The Honorable Craig Penfold
  694 F.2d 1043· 5th Cir.· 1983-01-06 ·cited 2×
  The court held that the federal district court had jurisdiction, did not err in refusing to abstain or apply res judicata, but did err in granting summary judgment and certifying a class action.
• Alaska Chapter v. Pierce
  694 F.2d 1162· 9th Cir.· 1982-12-17 ·cited 2×
  The HUD regulation implementing a preference for Indian-owned economic enterprises in housing construction contracts is authorized by the Indian Self-Determination Act and does not violate equal protection principles.
• Buttrey v. United States
  690 F.2d 1186· 5th Cir.· 1982-11-08 ·cited 2×
  The delegation of authority under section 404 of the Clean Water Act to the Army Corps of Engineers is constitutional, as it is based on the Commerce Clause and does not infringe upon constitutional protections.
• Dwain Love v. The NEW York Times Co.
  691 F.2d 261· 6th Cir.· 1982-10-20 ·cited 2×
  The court held that despite a protectible trademark, there was no likelihood of confusion or basis for injunctive relief, and plaintiff failed to prove damages or that defendant's use of the name contributed to existing financial troubles.
• Ellison v. DE LA Rosa
  685 F.2d 959· 5th Cir.· 1982-09-13 ·cited 2×
  The court held that a section 1983 action against appointed counsel for ineffective assistance of counsel fails because such counsel does not act under color of state law.
• The Yankton Sioux Tribe OF Indians v. Nelson
  683 F.2d 1160· 8th Cir.· 1982-07-12 ·cited 2×
  The court held that the district court erred by granting summary judgment without first determining the navigability of Lake Andes, vacating the judgment and remanding for that determination.
• Am. Inst. OF Chem. Eng'rs v. Reber-Friel Co.
  682 F.2d 382· 2d Cir.· 1982-06-28 ·cited 2×
  The court concurred with the majority opinion regarding the interpretation of New York law in a diversity case.
• White Earth Band of Chippewa Indians v. Alexander
  683 F.2d 1129· 8th Cir.· 1982-05-14 ·cited 2×
  The court held that collateral estoppel applied to the disestablishment issue of the thirty-two townships, and that the four northeastern townships were not restored to reservation status. State regulation of non-members hunting and fishing on trust lands within the reservation w
• Hodges and Carter v. Metts
  676 F.2d 1133· 6th Cir.· 1982-04-30 ·cited 2×
  The court held that the federal government's involvement in § 221(d)(4) housing programs, primarily through mortgage insurance, does not constitute sufficient governmental action to trigger Fifth Amendment due process requirements for tenant evictions.
• Am. Re-Insurance Co. v. Janklow
  676 F.2d 1177· 8th Cir.· 1982-04-23 ·cited 2×
  The Eleventh Amendment does not bar injunctive and declaratory relief against state officials for future conduct, even if it has an ancillary effect on the state treasury, and the CDP Fund's status requires further consideration.
• Delpro Co. v. Brotherhood Railway Carmen OF the United States AND Canada, AFL-CIO
  676 F.2d 960· 3d Cir.· 1982-04-13 ·cited 2×
  A company indirectly owned or controlled by a group of railroad carriers, which performs maintenance services for those carriers, is considered a 'carrier' under the Railway Labor Act and subject to the National Mediation Board's jurisdiction.
• Marshall v. Quik-Trip Corp.
  672 F.2d 801· 10th Cir.· 1982-03-12 ·cited 2×
  The court held that an employer's obligation to pay back wages under the FLSA is not satisfied when employees refuse or fail to cash checks for those wages, and equitable relief should be granted to prevent the employer from withholding such sums.
• Walgreen Ariz. Drug Co. v. Levitt
  670 F.2d 860· 9th Cir.· 1982-03-03 ·cited 2×
  The court held that the district court erred in precluding the Levitts from presenting affirmative defenses to liability, as the prior appellate decision only addressed the validity of Walgreen's lease, not all potential defenses. The court also found that the district court erre
• DiPERRI v. Fed. Aviation Admin.
  671 F.2d 54· 1st Cir.· 1982-02-19 ·cited 2×
  The court held that plaintiffs' claims regarding aircraft noise did not state a cause of action under the Federal Aviation Act, but their claim regarding unsafe flight patterns over an oil tank farm did survive a motion to dismiss.
• Artway v. Pallone
  672 F.2d 1168· 3d Cir.· 1982-02-17 ·cited 2×
  The federal district court properly dismissed the civil rights complaint, as federal courts are generally precluded from interfering with state criminal proceedings and the plaintiff's claims are primarily cognizable through federal habeas corpus after exhausting state remedies.
• Air Fla., Inc. v. Nat'l Mediation Bd.
  534 F. Supp. 1· S.D. Fla.· 1982-02-12 ·cited 2×
  The court held that Air Florida's claims were not ripe for judicial review and lacked standing, and that the National Mediation Board's investigation methods were within its statutory authority. The court also granted the petition to enforce the Board's directive for employee add
• The Fla. High Sch. Activities Ass'n, Inc. v. Thomas
  409 So. 2d 245· Fla. 3d DCA· 1982-02-09 ·cited 2×
  The Florida High School Activities Association's Rule 5, which limited football teams to 44 players in post-season championship play while allowing unlimited rosters during regular season, was held to be arbitrary, capricious, and unconstitutional under the equal protection claus
• Stevens v. Heard
  665 F.2d 578· 5th Cir.· 1982-01-11 ·cited 2×
  The court held that the appellant failed to establish timely filing of the notice of appeal, thus depriving the court of jurisdiction.
• Ragucci v. City OF Plantation
  407 So. 2d 932· Fla. 4th DCA· 1981-12-02 ·cited 2×
  A city police lieutenant was terminated by the Chief of Police following an advisory hearing before a Complaint Review Board. The court held that the city's charter, which required that police officers only be terminated for cause with an adjudicatory hearing before the City Coun
• Emmile C. Gibson, Jr. v. DuPREE
  664 F.2d 175· 8th Cir.· 1981-11-04 ·cited 2×
  A plaintiff's claim for damages can preserve a case or controversy even if other claims for relief have become moot.
• Chesnut v. ST. Louis Cnty.
  656 F.2d 343· 8th Cir.· 1981-08-13 ·cited 2×
  The court held that the plaintiff had standing to challenge the constitutionality of the exemption provision (§ 804.240) of the St. Louis County Peddler and Solicitor Code, but lacked standing to challenge the charitable solicitation permit scheme. The court also held that the di
• Carrigan & Boland, Inc. v. Worrock
  402 So. 2d 514· Fla. 5th DCA· 1981-08-12 ·cited 2×
  Carrigan & Boland, Inc., a developer, sought a declaratory judgment claiming sole fee simple ownership of Lot 35 in a subdivision, while lot owners claimed a 1/35 interest each based on restrictive covenants. The court affirmed that the six original lot owners received their 1/35
• Solar v. Pension Benefit Guar. Corp.
  666 F.2d 28· 2d Cir.· 1981-08-03 ·cited 2×
• S. Bell Tel. & Tel. Co. v. RAY
  402 So. 2d 16· Fla. 5th DCA· 1981-06-24 ·cited 2×
  The court held that the 1980 amendment to Fla. Stat. § 205.033(1)(b) limits increases in occupational license taxes based on the total tax amount, not the tax rate.
• Peck v. Hughes Cnty. Sheriff Arlo Mortimer
  650 F.2d 929· 8th Cir.· 1981-06-10 ·cited 2×
  The appeal is dismissed as moot because the appellant is no longer subject to the conditions he challenged and no class was certified or monetary relief sought.
• Marshall v. Morse Operations, Inc.
  514 F. Supp. 604· S.D. Fla.· 1981-05-26 ·cited 2×
  The court held that a defendant is entitled to a jury trial on the issue of back pay liability and the maximum amount of liquidated damages under Section 216 of the FLSA, as these claims are analogous to actions at law.
• In re Ga. Sw. Coll.
  649 F.2d 383· 5th Cir.· 1981-05-26 ·cited 2×
• Newberry v. Willis
  642 F.2d 890· 5th Cir.· 1981-04-17 ·cited 2×
  The court held that the trial court did not err in denying injunctive relief because the plaintiffs failed to establish an unrebutted prima facie case of jury discrimination, and the remaining disparities were negligible.
• Fogg v. Broward Cnty.
  397 So. 2d 944· Fla. 4th DCA· 1981-04-08 ·cited 2×
  The Foggs challenged the denial of agricultural classification for their 270-acre Broward County property for ad valorem tax purposes. The appellate court reversed, holding that actual agricultural use, not development intentions, determines tax classification, and that neither s
• Andrus v. P-Burg Coal Co., Inc.
  644 F.2d 1231· 7th Cir.· 1981-04-01 ·cited 2×
  The court held that the Surface Mining and Reclamation Act of 1977 does not constitutionally require a search warrant for warrantless administrative inspections of surface coal mining operations.
• Sperl v. Deukmejian
  642 F.2d 1154· 9th Cir.· 1981-03-23 ·cited 2×
  The court held that declaratory relief is unavailable to attack a state criminal conviction and that collateral estoppel bars reconsideration of issues already decided in state habeas corpus proceedings.
• Morris v. Watt
  640 F.2d 404· D.C. Cir.· 1981-01-27 ·cited 2×
  The court held that while the old constitutions remain valid, the district court correctly allowed referenda to establish new governments due to the impracticality of reconstituting old legislatures. However, the referenda procedures were flawed and did not comply with Harjo stan
• Dommer v. Crawford
  638 F.2d 1031· 7th Cir.· 1980-12-31 ·cited 2×
  The district court's order was an impermissible interference with state criminal law administration, as plaintiffs had an adequate remedy in state courts and failed to exhaust those remedies.
• Texaco, Inc. v. Dep't OF Energy
  663 F.2d 158· D.C. Cir.· 1980-12-02 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) only has jurisdiction to review denials of adjustment requests, not grants, under the Department of Energy Act.
• Escambia Cnty. v. Flowers
  390 So. 2d 386· Fla. 1st DCA· 1980-10-27 ·cited 2×
  Escambia County appealed a trial court's grant of declaratory and injunctive relief (mandamus) requiring the county to fund the Comptroller's office adequately. The Florida appellate court affirmed the denial of summary judgment and the declaratory relief but reversed the perempt
• Chulchian v. City OF Indianapolis
  633 F.2d 27· 7th Cir.· 1980-10-06 ·cited 2×
  The court held that the City of Indianapolis's general business licensing ordinance, as construed to prohibit knowingly permitting illegal conduct on the premises, is constitutional under the First Amendment and not unconstitutionally vague. The court also found the administrativ
• Natural Res. Def. Council, Inc. v. Sterling Munro
  626 F.2d 134· 9th Cir.· 1980-08-25 ·cited 2×
  The court held that the injunction, as drafted and modified, does not prevent the Bonneville Power Administration (BPA) from taking routine actions to supply its customers with power.
• Bankruptcy v. Palmer
  625 F.2d 321· 9th Cir.· 1980-08-13 ·cited 2×
  The bankruptcy court possessed summary jurisdiction over the stock, and the district court erred in finding otherwise. However, the injunction against Mr. Palmer's state court action was properly vacated due to lack of evidence of interference.
• Westinghouse Credit Corp. v. Bader & Dufty
  627 F.2d 221· 10th Cir.· 1980-07-28 ·cited 2×
  The court held that Westinghouse lacked standing to seek injunctive relief for alleged violations of federal securities laws because it failed to demonstrate a direct causal connection between the defendants' actions and its alleged injury.
• Besco, Inc. v. Alpha Portland Cement Co.
  619 F.2d 447· 5th Cir.· 1980-06-18 ·cited 2×
  A contract for the sale of kiln dust, which specifies events allowing termination and requires notice periods, is not terminable at will by either party.
• Tara Enters., Inc. v. Humble
  622 F.2d 400· 8th Cir.· 1980-06-05 ·cited 2×
  The court held that the action against former officials was moot, and the action against current officials was moot because they disavowed the alleged unconstitutional practices.
• State Bank OF Rensselaer v. Heimann
  619 F.2d 679· 7th Cir.· 1980-04-23 ·cited 2×
  The court held that the Comptroller's decision to authorize a branch bank facility adjacent to Rensselaer, Indiana, was arbitrary, capricious, and not in accordance with law because the site was not located 'in a town' as required by Indiana law.
• Taunton Municipal Lighting Plant v. Dep't OF Energy
  620 F.2d 896· C.C.P.A.· 1980-04-09 ·cited 2×
  The court held that the appeal from the denial of a preliminary injunction must be dismissed because the order was interlocutory and the appellant failed to obtain the necessary certification for appeal.
• Oglesby v. Williams
  484 F. Supp. 865· M.D. Fla.· 1980-02-20 ·cited 2×
  The court held that Florida Statute 382.16(5)(c) is constitutional and does not violate the Equal Protection Clause of the Fourteenth Amendment.
• Jordan v. The Sch. Dist. OF the City OF Erie
  615 F.2d 85· 3d Cir.· 1980-02-04 ·cited 2×
  The court held that the consent decree did not enforce the collective bargaining agreement by injunction, and therefore the School District could not be held in contempt for actions not violating the decree's specific prohibitions.
• United Teachers OF Dade & UTD Towers, Inc. v. Save Brickell Ave., Inc.
  378 So. 2d 1348· Fla. 3d DCA· 1980-01-22 ·cited 2×
  The court held that the City of Miami acted in excess of its jurisdiction by approving a resolution for a parcel less than three acres that was not distinguished by natural or man-made barriers, as required by the Planned Area Development Ordinance.
• Henry v. Perrin
  609 F.2d 1010· 1st Cir.· 1979-11-21 ·cited 2×
  The court held that a prison policy allowing guards to conduct page-by-page visual inspections of attorney files, even if not intended to read privileged information, infringes upon the Sixth Amendment right to counsel when the contraband definition includes textual material and