Injunctive Relief

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

• Swank, Inc. v. Carnes
  856 F.2d 1481· 11th Cir.· 1988-10-03 ·cited 1×
  The court held that the district court lacked authority under the All Writs Act to order the Customs Service to disclose documents because Swank failed to identify a substantive right of action against the United States.
• Dunn v. the Florida Bar
  726 F. Supp. 1261· M.D. Fla.· 1988-08-30 ·cited 1×
  The court held that defeating a motion for summary judgment is not sufficient to establish prevailing party status for attorney's fees, but it can be relevant to establishing a substantial constitutional claim.
• McLAUGHLIN v. Elsberry, Inc.
  868 F.2d 1525· 11th Cir.· 1988-08-15 ·cited 1×
  The Migrant and Seasonal Agricultural Worker Protection Act (MWPA) authorizes the Department of Labor (DOL) to enter agricultural fields and labor camps for interviews without a warrant, and this authorization does not violate the Fourth Amendment.
• Smith v. Morton Thiokol, Inc.
  712 F. Supp. 893· M.D. Fla.· 1988-02-22 ·cited 1×
  The court held that the plaintiff's claims against the United States under the Federal Tort Claims Act are barred by the Feres doctrine because the serviceman's death occurred during activity incident to his military service.
• Equal Emp. Opportunity Comm'n v. Graphics Press, Inc.
  575 F. Supp. 797· S.D. Fla.· 1988-01-13 ·cited 1×
• Stephen v. PGA Sheraton Resort
  669 F. Supp. 1573· S.D. Fla.· 1987-09-11 ·cited 1×
  The court held that the defendant's employee classification and discharge practices violated Title VII (disparate impact), but the plaintiff failed to prove his individual disparate treatment claim.
• Int'l Food & Bev. Sys. v. City of Fort Lauderdale
  664 F. Supp. 482· S.D. Fla.· 1987-06-16 ·cited 1×
  Municipalities have the authority under the Twenty-first Amendment to regulate or ban nude dancing in establishments that sell alcohol, and such regulations are not subject to First Amendment scrutiny when tied to alcohol sales.
• Brock v. Elsberry, Inc.
  663 F. Supp. 359· M.D. Fla.· 1987-05-28 ·cited 1×
  The court held that defendants' repeated refusal to allow confidential interviews of agricultural workers constituted a violation of 29 U.S.C. § 1862(c) of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and that the Act's investigative authority, including no
• Sec. & Exch. Comm'n v. Warner
  652 F. Supp. 647· S.D. Fla.· 1987-02-02 ·cited 1×
  The court held that the SEC's authority to seek injunctive relief is constitutional and that the Securities Exchange Act of 1934 does not divest the SEC of its enforcement authority over antifraud provisions. However, the court granted dismissal for one count alleging fraud in th
• Hittel v. Rosenhagen
  492 So. 2d 1086· Fla. 4th DCA· 1986-06-18 ·cited 1×
  This case addresses whether taxpayers can sue Broward County for additional taxes levied under a final 1980 assessment roll, arguing that res judicata and estoppel by judgment from the prior Markham case bar their claims, and whether they can pursue an equitable estoppel defense
• Paisey v. Vitale
  634 F. Supp. 741· S.D. Fla.· 1986-04-22 ·cited 1×
  The court held that injunctive relief against the state court judge and the state defamation action is barred by judicial immunity and the Anti-Injunction Act, but a claim for damages based on retaliation under Title VI may proceed.
• Kobell v. United Food & Commercial Workers Int'l Union
  788 F.2d 189· 3d Cir.· 1986-04-16 ·cited 1×
  The court held that injunctive relief under NLRA Section 10(l) was appropriate despite a pending Section 8(a)(2) charge against the employer, because the charge had been remedied by a settlement agreement at the time of the injunction application.
• Howard v. The City OF Greenwood
  783 F.2d 1311· 5th Cir.· 1986-03-07 ·cited 1×
  The court held that the trial court properly entered summary judgment on Rucker's unequal protection claim and that the findings of fact on the brutality claims were not clearly erroneous.
• Butler v. Coral Volkswagen, Inc.
  629 F. Supp. 1034· S.D. Fla.· 1986-03-04 ·cited 1×
  The court held that the defendant created a racially hostile work environment and discriminatorily terminated the plaintiff, violating Title VII and 42 U.S.C. § 1981.
• Bennett M. Lifter, Inc. v. Metro. Dade Cnty.
  482 So. 2d 479· Fla. 3d DCA· 1986-01-21 ·cited 1×
  Bennett M. Lifter, Inc. challenged the constitutionality of Dade County Ordinance 84-46, which created an administrative procedure for condominium conversions of hotels and motels in the RU-4A zoning district. The trial court upheld the ordinance as constitutional and valid, and
• United States v. Driscoll's Towing Serv.
  51 B.R. 990· S.D. Fla.· 1985-07-24 ·cited 1×
  The court held that a bankrupt corporation lacks standing to challenge the personal tax liability of its principals under 26 U.S.C. § 6672, and that the Anti-Injunction Act prohibits enjoining the assessment or collection of taxes.
• Steele v. Secretary of the Treasury
  755 F.2d 1091· 4th Cir.· 1985-02-26 ·cited 1×
  The court held that a taxpayer seeking to enjoin the collection of federal taxes must demonstrate that the government could not prevail under any circumstances, and since the taxpayer's claims were debatable, the suit was properly dismissed for lack of jurisdiction.
• Nat'l Bancard Corp.(NaBanco) v. Visa USA
  596 F. Supp. 1231· S.D. Fla.· 1984-09-20 ·cited 1×
  The court held that NaBanco failed to prove its antitrust claims against VISA, and judgment was entered in favor of VISA.
• Organized Fishermen of Florida v. Watt
  590 F. Supp. 805· S.D. Fla.· 1984-07-06 ·cited 1×
  The court held that the challenged regulations were a proper exercise of the Secretary's authority and not arbitrary or capricious, and that plaintiffs were not third-party beneficiaries of an agreement between the state and federal government.
• Farm Stores, Inc. v. Texaco, Inc.
  577 F. Supp. 682· S.D. Fla.· 1983-12-29 ·cited 1×
  The court held that the Petroleum Marketing Practices Act (PMPA) protects Farm Stores because it possesses sufficient indicia of entrepreneurial responsibility and risk, despite the contractual arrangement with Texaco.
• Tampa BAY Bus. Publ'g Co. v. Zink
  439 So. 2d 271· Fla. 2d DCA· 1983-09-21 ·cited 1×
  Tampa Bay Business Publishing Company appealed the denial of a contempt motion against Peter Roos and the denial of injunctive relief against Zincom, Inc., both arising from Dennis Zink's violation of a noncompete agreement. The court affirmed the denial of contempt against Roos
• Signs v. Orange Cnty.
  592 F. Supp. 693· M.D. Fla.· 1983-04-21 ·cited 1×
  The court held that Orange County's total ban on portable signs is an unconstitutional infringement on First Amendment free speech rights. The interim resolution is also invalidated as it was contingent on the total ban.
• State of Fla. Comm'n ON Ethics v. Sullivan
  430 So. 2d 928· Fla. 1st DCA· 1983-04-19 ·cited 1×
  The Florida Commission on Ethics appealed a trial court judgment that denied it jurisdiction to investigate complaints of violations of the anti-nepotism statute (Section 116.111) and resign-to-run law (Section 99.012(7)). The district court reversed, holding that the Commission
• State ex rel. James F. Khawly v. The Honorable Francis X. Knuck
  418 So. 2d 1185· Fla. 3d DCA· 1982-08-31 ·cited 1×
  Khawly was seized and imprisoned pursuant to a writ of ne exeat issued without pre-seizure notice or hearing. The Florida appellate court granted his habeas corpus petition, holding that a writ of ne exeat requires allegations both of threatened departure from jurisdiction and th
• Bryant v. City of Marianna
  532 F. Supp. 133· N.D. Fla.· 1982-02-23 ·cited 1×
  The court held that defendants' repeated failure to comply with discovery orders and court rules warranted a default judgment on liability, along with an award of attorney's fees and costs.
• Jackson v. The Honorable Arturo Cintron Garcia
  665 F.2d 395· 1st Cir.· 1981-11-12 ·cited 1×
  A federal court injunction to compel a state court to conduct proceedings in English is barred by the Younger doctrine, absent compelling circumstances and a showing of irreparable harm.
• Powell v. Schweiker
  514 F. Supp. 439· M.D. Fla.· 1981-05-14 ·cited 1×
  The court held that the regulation for evaluating childhood disability is not inconsistent with the statute or other regulations, and the denial of benefits was supported by substantial evidence.
• Brannon v. Auto Ctr. Mfg. Co.
  393 So. 2d 75· Fla. 5th DCA· 1981-02-04 ·cited 1×
  The court held that it was error to enter a permanent injunction when damages for breach of a non-compete agreement were also sought and potentially settled.
• Virgin Islands v. Blumenthal
  642 F.2d 641· D.C. Cir.· 1980-10-17 ·cited 1×
  The court held that the Revised Organic Act of the Virgin Islands, when read in light of its history, does not require the Secretary of the Treasury to cover customs duties collected on goods shipped from the Virgin Islands to the United States into the Islands' treasury.
• Fla. Bd. of Bus. Reg. v. Nat'l Labor Relations Bd.
  497 F. Supp. 599· M.D. Fla.· 1980-09-30 ·cited 1×
  The court held that it had jurisdiction to review the NLRB's assertion of jurisdiction over the jai alai industry and that the NLRB's action was not arbitrary, capricious, or a violation of the Tenth Amendment.
• Sanchez v. Pingree
  494 F. Supp. 68· S.D. Fla.· 1980-05-16 ·cited 1×
  The court held that Florida's one-year durational residency requirement for elderly benefits violates the Equal Protection Clause and the fundamental right to travel.
• Spangler v. Pasadena City Bd. OF Educ.
  605 F.2d 492· 9th Cir.· 1979-09-20 ·cited 1×
  The court held that the district court erred in finding the Board was likely to engage in new acts of discrimination, undermining the basis for retaining jurisdiction.
• Roane v. Harris
  604 F.2d 37· 9th Cir.· 1979-09-12 ·cited 1×
  The court affirmed the district court's decision, holding that the appellants remained covered by Social Security despite their transfer to a state teachers' retirement system.
• Rivergate Rest. Corp. v. Metro. Dade Cnty.
  369 So. 2d 679· Fla. 3d DCA· 1979-04-17 ·cited 1×
  A Florida restaurant corporation appealed the denial of its injunction against a referendum election on a proposed "Clean Indoor Air" ordinance regulating smoking in enclosed public places. The appellate court held the circuit court properly denied the injunction but erred by str
• Alf Blake v. Miami Jewish Home & Hosp. FOR the Aged, Inc.
  361 So. 2d 797· Fla. 3d DCA· 1978-08-01 ·cited 1×
  The Florida District Court of Appeal reversed a summary judgment order and held that a charitable organization waived its tax-exempt status by failing to timely file its annual application for exemption before the March 1 deadline required by Florida law.
• Sims v. Young
  556 F.2d 732· 5th Cir.· 1977-07-27 ·cited 1×
  The court held that the plaintiff had standing to challenge the application of a city rule suspending him, and that the case should be remanded for further factual development on the merits and disposition of pendent state claims.
• Bd. OF Educ. OF the City Sch. Dist. OF the City OF Cincinnati v. Dep't OF Health
  532 F.2d 1070· 6th Cir.· 1976-03-31 ·cited 1×
  The court held that the district court erred in granting summary judgment for HEW because genuine issues of material fact existed regarding HEW's grounds for denying funds.
• Longo v. City OF Hallandale
  42 Fla. Supp. 53· Broward Cty. Cir. Ct.· 1975-05-06 ·cited 1×
  A Florida circuit court ruled that a police chief appointed by city commission cannot be removed at-will without cause, notice, and a fair hearing. The court rejected arguments that the Law Enforcement Officers' Bill of Rights applied to the chief and that the charter granted unl
• City OF N. Miami Beach v. Metro. Dade Cnty.
  312 So. 2d 219· Fla. 3d DCA· 1975-05-06 ·cited 1×
  The court affirmed dismissal of most counts in a declaratory judgment action challenging the Water and Sewer Board's authority to restrict water service connections, but modified the dismissal to be without prejudice and rejected the plaintiff's prohibition petition.
• Elec. Data Sys. Corp. v. Kinder
  497 F.2d 222· 5th Cir.· 1974-07-18 ·cited 1×
  The court held that the limited injunctive relief granted by the district court was sufficient to protect the plaintiff's business interests and affirmed the decision.
• Robinson v. Bd. OF Pub. Instruction OF Dade Cnty.
  271 So. 2d 784· Fla. 3d DCA· 1973-01-08 ·cited 1×
  A high school student suspended for thirty days without a formal hearing challenged the suspension as unconstitutional. The court affirmed the school board's summary judgment, holding that while some due process protections are required for student suspensions, the extensive proc
• United States v. ITT Cont'l Baking Co.
  462 F.2d 1104· 10th Cir.· 1972-07-12 ·cited 1×
  The court held that appeals in civil actions seeking monetary penalties, even with injunctive relief, lie with the courts of appeal, not directly to the Supreme Court under the Expediting Act.
• Coral Ridge Golf Course, Inc. v. The City OF Fort Lauderdale
  253 So. 2d 485· Fla. 4th DCA· 1971-10-05 ·cited 1×
  The dissenting opinion argues that a complaint seeking to restrain a city from enforcing zoning ordinances should not have been dismissed, as it stated a sufficient cause of action.
• Dickey v. Holiday Inns OF Am., Inc.
  226 So. 2d 406· Fla. 4th DCA· 1969-09-19 ·cited 1×
  Franchisees of a Holiday Inn motel sought declaratory and injunctive relief based on an alleged implied covenant in their license agreement protecting them from competition by nearby Holiday Inn licensees. The court affirmed the trial court's dismissal, holding that the express "
• King v. Sheriff, Joe Adams
  410 F.2d 455· 5th Cir.· 1969-04-28 ·cited 1×
  Federal courts will not interfere with state criminal law administration absent extraordinary circumstances.
• Brotherhood of Locomotive Firemen and Enginemen v. Bangor & Aroostook R.R. Co.
  420 F.2d 75· D.C. Cir.· 1969-02-28 ·cited 1×
  The court held that a carrier has the authority to remove firemen from a listed run after the award's expiration if the position is defined by the work rule as not requiring a fireman.
• Kenneth E. Snyder, M.D. v. Honorable Haydon Burns
  214 So. 2d 636· Fla. 1st DCA· 1968-09-24 ·cited 1×
  Dr. Snyder, a licensed Florida physician, challenged the employment of unlicensed physicians at University of Florida hospitals, arguing they violated state medical licensing requirements. The court affirmed the dismissal, holding that the university hospitals qualified as 'state
• Pensacola Yacht Club v. State Bev. Dep't
  30 Fla. Supp. 178· Escambia Cty. Cir. Ct.· 1968-07-17 ·cited 1×
  The Pensacola Yacht Club challenged the Florida State Beverage Department's directive prohibiting social clubs from serving alcoholic beverages on Sundays. The court held that a licensed social club's service and distribution of beverages to its members and non-resident guests do
• Fla. Processing Co. v. Dade Cnty.
  30 Fla. Supp. 75· Dade Cty. Cir. Ct.· 1968-01-11 ·cited 1×
  Florida Processing Company challenged a cease-and-desist order issued by Dade County's pollution control officer for operating a plant that allegedly created health hazards through noxious odors. The court granted certiorari and quashed the pollution control board's decision upho
• Mangum v. Bd. of Cnty. Comm'rs of Brevard Cnty.
  202 So. 2d 207· Fla. 4th DCA· 1967-09-08 ·cited 1×
  The Fourth District Court of Appeal affirmed a permanent injunction against the Mangums for operating a junk yard and constructing buildings on their Brevard County property in violation of zoning regulations. The court held that continuous, intentional violation of zoning ordina