Injunctive Relief

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

• Lamar Advertising of Mobile, Inc. v. City of Lakeland
  980 F. Supp. 1455· M.D. Fla.· 1997-09-30 ·cited 1×
  The court held that Counts I-IV and VI of the complaint stated claims upon which relief could be granted, but Count V was barred by the statute of limitations.
• Jackson v. Abc Liquors
  983 F. Supp. 1388· M.D. Fla.· 1997-09-10 ·cited 1×
  The court denied the motion for summary judgment because genuine issues of material fact existed regarding racial discrimination, but granted the motion to strike compensatory and punitive damages, finding them unavailable for claims essentially amounting to violations of Title I
• Sch. Bd. of Pinellas Cnty. v. J.M. Ex Rel. L.M.
  957 F. Supp. 1252· M.D. Fla.· 1997-04-04 ·cited 1×
  The court held that the School Board is entitled to an injunction temporarily enjoining the 'stay-put' provision of the IDEA because the student's current placement poses a substantial likelihood of injury to others, and the School Board has made reasonable efforts to accommodate
• Godix Equip. Exp. Corp. v. Caterpillar, Inc.
  948 F. Supp. 1570· S.D. Fla.· 1996-11-14 ·cited 1×
  The court held that plaintiffs failed to present sufficient evidence to prove a conspiracy to fix prices and that damages were not proximately caused by any alleged price-fixing. However, sufficient evidence existed to create a jury question on the issue of a conspiracy to exclud
• Cagle v. Bruner
  921 F. Supp. 726· M.D. Fla.· 1995-11-17 ·cited 1×
  The court held that the Trust Agreement and Rules and Regulations grant the Trustees discretionary authority, thus an arbitrary and capricious standard of review applies to their decisions. Healthcare providers have standing to sue under ERISA as assignees.
• Equal Emp. Opportunity Comm'n v. Domino's Pizza, Inc.
  909 F. Supp. 1529· M.D. Fla.· 1995-11-17 ·cited 1×
  The EEOC and David Papa sued Domino's Pizza for sexual harassment, quid pro quo harassment, and retaliatory discharge under Title VII. Papa's female supervisor, Beth Carrier, subjected him to unwelcome sexual advances, physical contact, and romantic overtures from January to May
• Spradley v. Martin
  897 F. Supp. 560· M.D. Fla.· 1995-08-21 ·cited 1×
  The court held that the plaintiff's due process rights were not violated because adequate post-deprivation remedies existed and the actions were either unauthorized or followed an established procedure that provided sufficient process. Claims for injunctive relief were moot.
• Uniforce Temp. Pers., Inc. v. Nat'l Council on Comp. Ins.
  892 F. Supp. 1503· S.D. Fla.· 1995-04-06 ·cited 1×
  The court held that the plaintiffs' antitrust claims were barred by the McCarran-Ferguson Act and the filed rate doctrine, and that their constitutional claims failed due to the availability of post-deprivation remedies and lack of substantive due process violation.
• United States v. Banks
  873 F. Supp. 650· S.D. Fla.· 1995-01-13 ·cited 1×
  The court held that the defendant unlawfully discharged pollutants by filling jurisdictional freshwater wetlands adjacent to navigable waters without a permit, violating the Clean Water Act.
• Chiles v. United States
  874 F. Supp. 1334· S.D. Fla.· 1994-12-20 ·cited 1×
  The court held that the plaintiffs' claims regarding the enforcement of immigration laws and the provision of social benefits to undocumented aliens were non-justiciable political questions or barred by sovereign immunity, and that the claim for funds from the Immigration Emergen
• Fla. Mun. Power Agency v. Fla. Power & Light Co.
  839 F. Supp. 1563· M.D. Fla.· 1993-12-16 ·cited 1×
  The court held that FMPA's claim for damages was barred by the filed rate doctrine, as it required a court to determine the reasonableness of past rates, a determination exclusively within FERC's jurisdiction.
• S. Dade Land Corp. v. Sullivan
  853 F. Supp. 404· S.D. Fla.· 1993-11-23 ·cited 1×
  The court held that plaintiffs failed to establish a substantial likelihood of success on the merits for any of their claims, thus denying their emergency motion for a temporary restraining order.
• Forbush v. J.C. Penney Co., Inc.
  994 F.2d 1101· 5th Cir.· 1993-06-25 ·cited 1×
  The dissenting judge believes the majority erred in accepting the common issue for a Rule 23(b)(2) class action, finding it sweeps too broadly.
• Perez v. City of Key W.
  823 F. Supp. 934· M.D. Fla.· 1993-06-01 ·cited 1×
  The court held that the plaintiff sufficiently stated claims under 42 U.S.C. § 1983 and the First Amendment, but failed to state claims for defamation, violation of the Policemen's Bill of Rights, and tortious interference. Motions to dismiss punitive damages were granted, but mo
• Schlosser v. Coleman
  818 F. Supp. 1534· M.D. Fla.· 1993-04-20 ·cited 1×
  The court held that judges and prosecutors are immune from § 1983 claims for actions taken within their judicial or prosecutorial capacities, and the plaintiff failed to establish conspiracy or standing for injunctive relief.
• Klaudt v. United States Dep't OF Interior
  990 F.2d 409· 8th Cir.· 1993-04-05 ·cited 1×
  The court held that it lacked jurisdiction to hear claims from a prior dismissal order due to an inadequate notice of appeal, and affirmed the dismissal of remaining claims for failure to exhaust administrative remedies.
• Mannings v. Sch. Bd. of Hillsborough Cnty.
  816 F. Supp. 714· M.D. Fla.· 1993-03-02 ·cited 1×
  The court held that an action filed under 42 U.S.C. § 1983 constitutes an express exception to the Anti-Injunction Act, granting the court authority to enjoin state proceedings.
• City OF E. ST. Louis & Carl Officer v. Cir. Court FOR the Twentieth Jud. Cir.
  986 F.2d 1142· 7th Cir.· 1993-02-25 ·cited 1×
  The court affirmed the district court's imposition of sanctions against counsel for filing a frivolous lawsuit lacking subject matter jurisdiction.
• The Am. Bank & Tr. Co. OF Opelousas v. Dent
  982 F.2d 917· 5th Cir.· 1993-02-10 ·cited 1×
  The Eleventh Amendment does not bar a suit against a state official seeking prospective injunctive relief to enjoin enforcement of an allegedly unconstitutional state statute, falling under the Ex parte Young exception.
• Treister v. City of Miami
  893 F. Supp. 1057· S.D. Fla.· 1992-08-13 ·cited 1×
  The court held that most of the plaintiffs' federal constitutional claims are barred by res judicata and the full faith and credit statute due to prior state court rulings.
• Dahl-Eimers v. Mut. of Omaha Life Ins.
  812 F. Supp. 1193· N.D. Fla.· 1992-07-29 ·cited 1×
  The court held that the plaintiff's proposed high-dose chemotherapy with autologous bone marrow transplant (HDC-ABMT) using the I.C.E. drug combination is 'experimental' under the terms of her insurance policy, and therefore not covered.
• Camina Servs., Inc. v. Shell Oil Co.
  816 F. Supp. 1533· S.D. Fla.· 1992-05-11 ·cited 1×
  The court held that Shell Oil Company was entitled to summary judgment on all counts because the Petroleum Marketing Practices Act (PMPA) preempted the plaintiffs' state law claims and Shell had a valid basis for terminating the franchise agreement due to the franchisee's felony
• Mid-American Waste Sys. OF Fla., Inc. v. City OF Jacksonville
  596 So. 2d 1187· Fla. 1st DCA· 1992-04-06 ·cited 1×
  Mid-American Waste Systems challenged the dismissal of its complaint seeking to enjoin the City of Jacksonville from awarding a landfill contract to Trail Ridge Landfill, alleging Trail Ridge violated a city ordinance prohibiting contracts with entities controlled by persons conv
• William E. Anderson, Jr., M.D. v. Sullivan
  959 F.2d 690· 8th Cir.· 1992-03-13 ·cited 1×
  The court held that a physician must exhaust administrative remedies before seeking federal court review of Medicare exclusion, and the claim for a preliminary hearing was moot.
• Wausau Ins. Cos. v. Gifford
  954 F.2d 1098· 5th Cir.· 1992-03-05 ·cited 1×
  The court held that an interpleader action requires a single, identifiable fund, which was not present in this case involving multiple distinct insurance policies and potential claims.
• Dorrance v. McCARTHY
  957 F.2d 761· 10th Cir.· 1992-02-19 ·cited 1×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact exist regarding whether Wyoming's statutes banning private ownership and importation of big game animals unconstitutionally burden interstate commerce.
• Platsky v. Cent. Intelligence Agency
  953 F.2d 26· 2d Cir.· 1991-11-25 ·cited 1×
  The court held that the district court should have granted the pro se plaintiff leave to amend his complaints rather than dismissing them outright.
• Cone Corp. v. Hillsborough Cnty.
  777 F. Supp. 1558· M.D. Fla.· 1991-11-13 ·cited 1×
  The court found that material issues of fact remained regarding the constitutionality of the MBE program, precluding summary judgment on that motion, and that the plaintiffs had standing to challenge the program.
• Dimmitt v. City of Clearwater
  782 F. Supp. 586· M.D. Fla.· 1991-11-12 ·cited 1×
  A city ordinance limiting the number of American flags that can be displayed on private property is unconstitutional as applied to a commercial entity displaying multiple flags, as the display constitutes expressive conduct protected by the First Amendment.
• Sweatt v. Fla. Bd. of Pilot Comm'rs
  776 F. Supp. 1538· M.D. Fla.· 1991-10-09 ·cited 1×
  The Boundary Waters Act does not apply to the Port of Fernandina because it is located on the Amelia River, which is wholly within Florida and not a boundary water between Florida and Georgia.
• Jennings v. Dade Cnty. & Larry Schatzman
  589 So. 2d 1345· Fla. 3d DCA· 1991-08-06 ·cited 1×
  Jennings challenged a county commission decision granting a variance to Schatzman to operate an oil change business, alleging ex parte communications between Schatzman's lobbyist and commissioners violated due process. The court held that proof of ex parte contact in quasi-judici
• Beveridge v. Lewis
  939 F.2d 859· 9th Cir.· 1991-07-29 ·cited 1×
  Federal regulations under the Ports and Waterways Safety Act do not preempt a Santa Barbara city ordinance regulating boat anchoring, as there is neither implicit preemption nor an actual conflict with federal law.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  773 F. Supp. 321· M.D. Fla.· 1991-07-02 ·cited 1×
  The court held that the plaintiff was not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988 because the lawsuit did not vindicate its rights, did not result in the cessation of the challenged behavior, and did not materially alter the legal relationship of the
• Banks v. Page
  768 F. Supp. 809· S.D. Fla.· 1991-06-24 ·cited 1×
  The Clean Water Act and Administrative Procedure Act do not permit pre-enforcement judicial review of Army Corps of Engineers Cease and Desist Orders.
• Gonzalez v. McNary
  765 F. Supp. 721· S.D. Fla.· 1991-05-30 ·cited 1×
  The court held that the plaintiffs were not entitled to permanent residency because they were not residing with the Cuban refugee at the time of the decision, a requirement of the Act.
• Am. V.I.P. Limousines, Inc. v. Dade Cnty. Bd. of Cnty. Comm'rs
  757 F. Supp. 1382· S.D. Fla.· 1991-02-13 ·cited 1×
  The court held that the County's regulations and fees for limousine services at MIA did not violate the Commerce Clause or the Equal Protection Clause, as they were rationally related to legitimate government interests in traffic control and safety.
• Doe v. State of Fla. Jud. Qualifications Comm'n
  748 F. Supp. 1520· S.D. Fla.· 1990-09-28 ·cited 1×
  The court held that Article V, Section 12 of the Florida Constitution, as applied to bar a complainant from revealing the fact that a complaint against a judge was filed with the Judicial Qualifications Commission (JQC), violates the First Amendment's free speech clause.
• City OF Apalachicola v. Bd. of Cnty. Comm'rs of Franklin Cnty.
  567 So. 2d 22· Fla. 1st DCA· 1990-09-18 ·cited 1×
  The court affirmed the dismissal of counts based on mootness and affirmed the award of attorney's fees, finding the county's arguments without merit.
• Alltel Tenn., Inc. v. Tenn. Pub. Serv. Comm'n
  913 F.2d 305· 6th Cir.· 1990-09-10 ·cited 1×
  The court held that federal courts have subject matter jurisdiction over the telephone companies' claims and that abstention was improper. However, the case is not ripe for adjudication due to the doctrine of primary jurisdiction.
• E. Air Lines, Inc. v. Air Line Pilots Ass'n
  744 F. Supp. 1140· S.D. Fla.· 1990-08-02 ·cited 1×
  Replacement pilots still in training when strikers unconditionally offered to return to work do not have permanent replacement status and must be displaced by returning strikers.
• Safeguard Bus. Sys., Inc. v. Hoeffel
  907 F.2d 861· 8th Cir.· 1990-07-12 ·cited 1×
  A plaintiff's voluntary dismissal under Fed. R. Civ. P. 41(a)(1) is effective when filed before an answer or summary judgment motion, divesting the court of jurisdiction for subsequent orders.
• Skyywalker Records, Inc. v. Navarro
  739 F. Supp. 578· S.D. Fla.· 1990-06-06 ·cited 1×
  The court held that the recording "As Nasty As They Wanna Be" was legally obscene and that the Sheriff's actions did not constitute an unconstitutional prior restraint.
• United States v. Tipton
  898 F.2d 770· 10th Cir.· 1990-03-12 ·cited 1×
  The court held that the Supreme Court's decision in Kimbell Foods, which allows for the application of state law to determine the priority of federal liens, applies to disputes between SBA liens and state tax liens, and that Colorado's tax lien priority statutes are not discrimin
• Evelio B. Rodriguez v. TAX Adjustment Experts OF Fla., Inc.
  551 So. 2d 537· Fla. 3d DCA· 1989-09-26 ·cited 1×
  A special master appointed to hear property tax assessment challenges sought prohibition from discovery orders requiring him to submit to deposition and produce documents relating to his qualifications. The appellate court granted the petition, holding that the special master is
• Rindley v. Gallagher
  719 F. Supp. 1076· S.D. Fla.· 1989-08-23 ·cited 1×
  The court held that abstention from exercising federal jurisdiction was appropriate due to unsettled state law and Florida's significant interest in regulating the dental profession.
• Neighborhood Action Coal. v. City OF Canton
  882 F.2d 1012· 6th Cir.· 1989-07-27 ·cited 1×
  The court held that plaintiffs need not exhaust administrative remedies before bringing a Title VI claim and that municipalities can be sued under Section 1983. The court also found the plaintiff association had standing for injunctive relief but not damages.
• Marx v. Gumbinner
  630 F. Supp. 822· S.D. Fla.· 1989-05-19 ·cited 1×
  The court held that probable cause existed for the arrest, and even if it didn't, the defendants were entitled to qualified immunity, thus granting summary judgment.
• Barnett Bank of S. Fla., N.A. v. Clarke
  712 F. Supp. 1549· S.D. Fla.· 1989-04-05 ·cited 1×
  The court held that the Comptroller's interpretation of the McFadden Act, defining 'state bank' by function rather than state label, is a reasonable exercise of authority consistent with the doctrine of competitive equality.
• WJA Realty Ltd. P'ship v. Nelson
  708 F. Supp. 1268· S.D. Fla.· 1989-03-09 ·cited 1×
  The court held that the INS regulation allowing suspension of H-1 visa holders' work authorizations during a strike is an impermissible assumption of legislative power and invalid as applied to H-1 visa holders.
• Hammond N. Assocs., Ltd. v. ABG Fin. Servs., Inc.
  708 F. Supp. 334· S.D. Fla.· 1989-02-14 ·cited 1×
  The court granted the defendant's motion to dismiss on the grounds of forum non conveniens, finding an adequate alternative forum available in Georgia state court.