Injunctive Relief

8,031 Florida cases classified under this topic, plus 5,116 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Thompson v. Planning Comm'n OF the City OF Jacksonville
  464 So. 2d 1231· Fla. 1st DCA· 1985-02-11 ·cited 56×
  Thompson property owners sought to enjoin construction of an office building across the street after the Planning Commission granted a parking variance to the owners. The appellate court reversed the trial court's denial of preliminary injunction, finding that the variance was im
• The Babcock & Wilcox Co. v. Marshall
  610 F.2d 1128· 3d Cir.· 1979-11-16 ·cited 56×
  A company must exhaust its administrative remedies before seeking judicial relief for constitutional challenges to OSHA inspection warrants, even after the warrant has been executed.
• Energy Reserves Grp., Inc. v. Dep't OF Energy & James R. Schlesinger
  589 F.2d 1082· Temp. Emer. Ct. App.· 1978-10-31 ·cited 56×
  The court held that the interpretation of a regulation regarding oil wells was consistent with the intent of the APA exception to rulemaking requirements.
• Sledge v. J. P. Stevens & Co., Inc.
  585 F.2d 625· 4th Cir.· 1978-10-04 ·cited 56×
  The dismissal of individual claims does not preclude class action relief, and a prima facie case of class-wide discrimination can be established by statistical evidence and neutral practices with discriminatory impact, shifting the burden to the employer to rebut. However, a bona
• Roth v. Bank OF THE Commonwealth
  583 F.2d 527· 6th Cir.· 1978-09-01 ·cited 56×·via Injunction
  The Anti-Injunction Act prohibits federal courts from enjoining state court proceedings that have already commenced, unless an express statutory exception applies. Relying on Barancik to enjoin commenced state actions is improper judicial improvisation.
• Pollard v. Cockrell
  578 F.2d 1002· 5th Cir.· 1978-08-23 ·cited 56×
  The court held that plaintiff patrons lacked standing, that res judicata did not preclude federal review of certain ordinance sections, and that the ordinance's challenged provisions were constitutional exercises of police power.
• Int'l Bus. Machs. Corp. v. Levin
  579 F.2d 271· 3d Cir.· 1978-06-19 ·cited 56×·via Injunction
  The court held that an attorney's adversary posture toward a client in one matter can adversely affect their independent judgment in another, even if unrelated, requiring disclosure and consent under DR 5-105. The court affirmed the disqualification but remanded the issue of work
• Rev. Donald L. Jackson v. The Statler Found.
  496 F.2d 623· 2d Cir.· 1973-12-04 ·cited 56×
  The dissent argues that tax exemptions for private charitable foundations do not constitute government action, and therefore, these foundations are not subject to civil rights suits for their grant-making decisions.
• Harper v. Kloster
  486 F.2d 1134· 4th Cir.· 1973-10-15 ·cited 56×
  The court held that while a municipal corporation cannot be sued under 42 U.S.C. § 1983 for equitable relief, the district court's decree remains effective against individual officers and commissions, and the appeals were otherwise lacking in merit.
• Carlotta Mozelle Brewer and Demetria Yvonne Brewer v. The Sch. Bd. OF the City OF Norfolk
  456 F.2d 943· 4th Cir.· 1972-03-07 ·cited 56×
  The court held that a school district must provide free transportation for students assigned to schools beyond normal walking distance, and that attorney's fees are warranted in this unique case for securing this benefit.
• McQUEEN v. Bertram Druker
  438 F.2d 781· 1st Cir.· 1971-02-24 ·cited 56×·via Injunction
  The court held that the landlord's eviction action, motivated by tenants' exercise of First Amendment rights, constituted state action and was therefore impermissible.
• United Gas Pipe Line Co. v. Fed. Power Comm'n
  181 F.2d 796· D.C. Cir.· 1950-04-05 ·cited 56×
  The court held that it lacked jurisdiction to directly review the Federal Power Commission's rule, as it was a general regulation and not an order based on a quasi-judicial proceeding. Proper remedies lie elsewhere.
• Voorhees v. The City of Miami
  145 Fla. 402· Fla.· 1940-12-20 ·cited 56×·via Injunction
  A Miami taxpayer and firefighter challenged the City's 1939 ordinance establishing a new retirement and pension system for all municipal employees, arguing it was unauthorized, violated the prior police and fire pension law, and improperly required employee contributions. The Flo
• Sullivan v. Moreno
  19 Fla. 200· Fla.· 1882-06-01 ·cited 56×·via Injunction
  Sullivan sought an injunction to prevent Moreno from constructing a wharf and depositing materials in Pensacola Bay in front of Sullivan's property. The Florida Supreme Court reversed the injunction, holding that Sullivan failed to establish riparian proprietorship or sufficient
• Marc E. Bosem, M.D. v. Musa Holdings, Inc.
  46 So. 3d 42· Fla.· 2010-09-23 ·cited 55×
  The Florida Supreme Court resolved a conflict between Fourth District precedent and its own holding in Argonaut Insurance Co. v. May Plumbing Co. regarding prejudgment interest on lost profits damages. The Court held that under Florida's established "loss theory," prejudgment int
• Kane v. Johns-Manville Corp.
  843 F.2d 636· 2d Cir.· 1988-03-30 ·cited 55×·via Injunction
  The bankruptcy judge did not abuse discretion in estimating asbestos claims at $1.00 for voting purposes, as this procedure complied with the Code and facilitated reorganization.
• Hahn v. United States
  757 F.2d 581· 3d Cir.· 1985-03-18 ·cited 55×
  The court held that the district court lacked jurisdiction over monetary claims exceeding $10,000, and erred in concluding plaintiffs were entitled to constructive service credit under applicable statutes.
• Meyer v. Brown & Root Constr. Co.
  661 F.2d 369· 5th Cir.· 1981-11-13 ·cited 55×
  The court held that the trial court did not err in finding a constructive discharge but erred in granting broad injunctive relief.
• Simer v. Rios
  661 F.2d 655· 7th Cir.· 1981-10-07 ·cited 55×
  The court held that the district court erred in vacating the consent decree, finding it had jurisdiction to approve a pre-certification settlement and that class certification was improperly denied.
• Am. Footwear Corp. v. Gen. Footwear Co. Ltd.
  609 F.2d 655· 2d Cir.· 1979-11-09 ·cited 55×·via Injunction
  The court held that American Footwear Corporation failed to establish the necessary elements for an injunction against General Footwear Company Limited and Universal City Studios, Inc. for trademark infringement and unfair competition.
• Frank Collin & the Nat'l Socialist Party of Am. v. Smith
  578 F.2d 1197· 7th Cir.· 1978-05-22 ·cited 55×
  The court held that the Village of Skokie's ordinances prohibiting the dissemination of materials inciting hatred and prohibiting demonstrations by political parties in uniform were unconstitutional as applied to the National Socialist Party of America's planned demonstration.
• Westinghouse Elec. Corp. & its subsidiary v. Schlesinger
  542 F.2d 1190· 4th Cir.· 1976-09-30 ·cited 55×
  The court held that 18 U.S.C. § 1905 qualifies under Exemption 3 of the Freedom of Information Act, and that suppliers of confidential information have a right to challenge agency disclosure decisions through judicial review, including evidentiary hearings.
• Tugboat v. Mobile Towing Co.
  534 F.2d 1172· 5th Cir.· 1976-07-12 ·cited 55×
  Employees and unions have standing to sue for antitrust violations if they can demonstrate injury to their commercial interests and that they were within the 'target area' of the conspiracy.
• Buck Green v. Mo. Pac. R.R. Co.
  523 F.2d 1290· 8th Cir.· 1975-07-23 ·cited 55×
  A railroad's absolute policy of refusing employment to anyone with a criminal conviction, other than a minor traffic offense, violates Title VII when it disproportionately disqualifies black applicants and is not justified by business necessity.
• Starsky v. Williams
  512 F.2d 109· 9th Cir.· 1975-02-26 ·cited 55×·via Injunction
  The court held that the trial court properly found the professor's termination was based on constitutionally protected speech, but remanded for a determination on whether a subsequent sabbatical agreement constituted a binding settlement barring the action.
• Childs v. United States Bd. OF Parole
  511 F.2d 1270· D.C. Cir.· 1974-12-19 ·cited 55×
  The court held that parole applicants are entitled to a brief statement of the grounds for denial under the Administrative Procedure Act, rather than requiring a full constitutional due process analysis.
• Glusman v. Lieberman
  285 So. 2d 29· Fla. 4th DCA· 1973-11-09 ·cited 55×·via Injunction
  Glusman filed an affidavit claiming ownership interest in Lieberman's property. Lieberman sued for slander of title seeking damages and equitable relief. The trial court awarded compensatory damages, punitive damages, attorney's fees, and interest, and the appellate court affirme
• Wirtz v. Malthor, Inc.
  391 F.2d 1· 9th Cir.· 1968-03-07 ·cited 55×·via Injunction
  The court held that the district court erred in refusing to order the payment of back wages and overtime compensation due to employees, as such relief is intended to vindicate a public right and is necessary for effective enforcement of the Fair Labor Standards Act.
• Pershing Auto Rentals, Inc. v. Gaffney
  279 F.2d 546· 5th Cir.· 1960-06-15 ·cited 55×·via Injunction
  In a multiple-claim, inadequate-fund limitation proceeding, an admiralty court cannot modify its traditional injunction to permit some claimants to establish their claims initially in a state common law court.
• Duval v. Thomas
  114 So. 2d 791· Fla.· 1959-07-17 ·cited 55×·via Injunction
  Two adjacent property owners (Duval and Hruby) constructed barriers restricting a third owner's (Thomas) access to a shared non-navigable lake. The Florida Supreme Court upheld the lower courts' decision that all riparian owners may use the entire lake for recreational purposes s
• Hamler v. City of Jacksonville
  97 Fla. 807· Fla.· 1929-05-14 ·cited 55×·via Injunction
  Appellant sought to enjoin Jacksonville from installing electric wiring in private homes to supply electricity for appliances. The Florida Supreme Court affirmed dismissal of the complaint, holding that municipalities acting in their proprietary capacity to operate public utiliti
• The Green Cos., Inc. v. Kendall Racquetball Inv., Ltd.
  658 So. 2d 1119· Fla. 3d DCA· 1995-07-26 ·cited 54×
  Green Companies appealed the trial court's award of attorneys' fees to Kendall Racquetball and Scandinavian Health & Fitness after a damages trial in a breach of contract dispute over parking obligations at a commercial center. The appellate court reversed, holding that Green was
• Ashelman v. Hon. Gary Pope
  793 F.2d 1072· 9th Cir.· 1986-07-08 ·cited 54×
  A conspiracy between a judge and prosecutor to predetermine the outcome of a judicial proceeding does not pierce the immunity extended to judges and prosecutors, as long as the judge's ultimate acts are judicial actions taken within the court's subject matter jurisdiction and the
• Temistocles Ramirez de Arellano v. Caspar W. Weinberger
  745 F.2d 1500· D.C. Cir.· 1984-10-05 ·cited 54×
  The court held that the case presented a nonjusticiable political question because the requested relief would require judicial interference with the executive branch's foreign policy decisions.
• Penn Terra Ltd. v. Dep't OF Env't Res.
  733 F.2d 267· 3d Cir.· 1984-04-30 ·cited 54×·via Injunction
  The court held that the Commonwealth's action to compel environmental cleanup falls under the police and regulatory power exception to the automatic stay, and is not an enforcement of a money judgment.
• West v. Bergland
  611 F.2d 710· 8th Cir.· 1979-12-19 ·cited 54×
• Commodity Futures Trading Comm'n v. Savage
  611 F.2d 270· 9th Cir.· 1979-11-20 ·cited 54×
  The court held that venue was proper in the Central District of California because Savage's telephone calls into the district were an integral part of the alleged fraudulent scheme. The court also held that Savage furnished commodity trading advice to more than fifteen persons, t
• Public Citizen v. Lockheed Aircraft Corp.
  565 F.2d 708· D.C. Cir.· 1977-08-25 ·cited 54×
  The court held that the Machinery Dealers National Association (MDNA) lacked standing to challenge the sale of government property because its members failed to demonstrate a concrete and particularized "injury in fact" that was redressable by the court.
• The City OF Daytona Beach v. Tona-Rama, Inc.
  294 So. 2d 73· Fla.· 1974-03-25 ·cited 54×
  The Florida Supreme Court reversed a judgment requiring a landowner to remove an observation tower from private beach property, holding that while the public acquired customary use rights to the sandy beach area for recreation, those rights did not give the public an exclusive ea
• Iowa Citizens FOR Env't Quality, Inc. v. Volpe
  487 F.2d 849· 8th Cir.· 1973-11-26 ·cited 54×
  The court held that the Federal Highway Administration's (FHWA) delegation of preparing a preliminary environmental impact statement (EIS) to a sponsoring state agency violates the National Environmental Policy Act (NEPA).
• Wyo. Outdoor Coordinating Council v. Butz
  484 F.2d 1244· 10th Cir.· 1973-09-21 ·cited 54×
  The court held that the Forest Service's decision not to prepare an Environmental Impact Statement (EIS) for timber sales in the Teton National Forest was erroneous as a matter of law, as the sales constituted a major federal action significantly affecting the human environment.
• Manual de J. Gomez v. Wilson
  477 F.2d 411· D.C. Cir.· 1973-03-23 ·cited 54×
  The court held that the district court correctly found police spot checks unconstitutional under the Fourth Amendment, but the case should be remanded for further proceedings to determine the scope of relief, particularly regarding class action.
• Ark. Educ. Ass'n v. Bd. OF Educ. OF the Portland
  446 F.2d 763· 8th Cir.· 1971-07-26 ·cited 54×
  The court held that systematic salary disparities between black and white teachers based on race violate the Fourteenth Amendment, and a class action for damages should not be dismissed simply because subsequent policy changes mooted the claim for injunctive relief.
• Allen M. Campbell Co. Gen. Contractors, Inc. v. Lloyd Wood Constr. Co., Inc.
  446 F.2d 261· 5th Cir.· 1971-07-09 ·cited 54×
  The court held that the Small Business Administration's (SBA) interpretation of its own regulations regarding accounting methods for size determinations is entitled to deference, and the trial court erred in invalidating the SBA's decision.
• Chandler v. O'Bryan
  445 F.2d 1045· 10th Cir.· 1971-05-11 ·cited 54×·via Injunction
  The court held that the district court's declaratory judgment was not justified as necessary to protect or effectuate a prior federal judgment, nor was the claim of judicial immunity sufficient for original federal jurisdiction.
• Brunson v. Bd. OF Trs. OF Sch. Dist. NO. 1 OF Clarendon Cnty.
  311 F.2d 107· 4th Cir.· 1962-12-07 ·cited 54×
  An order limiting a class action to a single plaintiff, effectively denying broad injunctive relief, is appealable and was erroneous if common questions of fact or law exist.
• Trs. OF the Internal Improvement Fund of the State of Fla. v. Lobean
  127 So. 2d 98· Fla.· 1961-01-18 ·cited 54×·via Injunction
  The Florida Supreme Court held that legal estoppel (estoppel by deed) can be invoked against the state when the state has executed a deed containing language that binds the grantor, despite the deed conveying property the state did not own. The court reversed the District Court o
• Progress Dev. Corp. v. Mitchell
  286 F.2d 222· 7th Cir.· 1961-01-04 ·cited 54×
  The court held that the trial court did not abuse its discretion in denying preliminary injunctive relief, but erred in dismissing certain counts of the complaint and dismissing one of the plaintiffs.
• City OF Miami v. Abe Aronovitz
  114 So. 2d 784· Fla.· 1959-09-16 ·cited 54×·via Injunction
  The Florida Supreme Court reversed a temporary restraining order blocking the City of Miami's systematic roadblock checks of drivers' licenses. The court held that periodic license inspections are a reasonable exercise of police power under Florida's licensing statutes and do not
• Hialeah Race Course v. Gulfstream Park Racing
  37 So. 2d 692· Fla.· 1948-11-19 ·cited 54×·via Injunction
  This case involves a challenge to a Florida statute that allocated horse racing dates based on tax revenue produced in the previous year. The court reviewed an order denying a motion to dismiss a complaint arguing the statute was unconstitutional. Ultimately, the court found the