Injunctive Relief

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

• Bartlett v. State Farm Fire & Cas. Co.
  575 F. Supp. 783· S.D. Fla.· 1987-12-30
• Sec. Title Guar. OF Baltimore v. Breezeview Land Developers, Inc.
  517 So. 2d 108· Fla. 3d DCA· 1987-12-29
  Security Title Guarantee challenged a repossessed automobile sale by a purchase-money mortgagee (Caribank) to Breezeview, arguing it failed to comply with UCC Article 9 notice requirements and constituted a fraudulent redemption rather than a valid sale. The court affirmed the tr
• Hillsborough Cnty. & Univ. of S. Fla. v. Snyder
  516 So. 2d 1105· Fla. 2d DCA· 1987-12-18
  An executive director of the Humane Society sought to enjoin Hillsborough County and USF from transferring animals from the county pound to the university for medical research (pound seizure). The trial court granted the injunction, finding the practice violated the county's ordi
• Rhoads v. Reback
  518 So. 2d 355· Fla. 4th DCA· 1987-12-16
  The trial court erred in determining it lacked jurisdiction to grant injunctive relief for enforcement of a surface easement over submerged land.
• City OF Clearwater v. Metco Dev. Corp. & Cnty. of Pinellas
  519 So. 2d 23· Fla. 2d DCA· 1987-12-02
  The City of Clearwater appealed a trial court's injunction prohibiting it from requiring annexation as a condition for providing water service to Metco's property within its designated water service area. The appellate court affirmed, finding sufficient evidence supported the tri
• Soc'y OF Prof'l Journalists v. The Sec'y OF Labor
  832 F.2d 1180· 10th Cir.· 1987-10-30
  The court should not address the merits of the case because it is moot, as the challenged action was too short to be fully litigated and there is no reasonable expectation of recurrence.
• Witte v. Justices OF the NEW Hampshire Superior Court
  831 F.2d 362· 1st Cir.· 1987-10-19
  The court held that the New Hampshire Marital Master Program does not violate due process or equal protection under the federal constitution.
• Metric Sys. Corp. v. US Dept. of Air Force
  673 F. Supp. 439· N.D. Fla.· 1987-10-13
  The court held that the plain language of 28 U.S.C. § 1491(a)(3) vests exclusive jurisdiction in the United States Claims Court for preaward contract claims seeking declaratory and injunctive relief, and that this statutory grant is constitutional under the public rights exceptio
• United States v. City OF Manassas
  830 F.2d 530· 4th Cir.· 1987-10-06
  A state tax that subjects users of federally owned property to taxation while exempting users of state-owned property is unconstitutional if the discrimination is not justified by significant differences between the two classes of users.
• Fair v. Kleman
  513 So. 2d 1314· Fla. 1st DCA· 1987-09-25
• Ultracashmere House, Ltd. v. Springs Mills, Inc.
  828 F.2d 1580· Fed. Cir.· 1987-09-23
  The court held that an applicant cannot obtain registration for a mark that has been found to cause likelihood of confusion, even if accompanied by a disclaimer, if the mark itself, used alone, is infringing.
• Brock v. George and Ann ING
  827 F.2d 1426· 10th Cir.· 1987-09-02
  The court held that the district court abused its discretion by ordering the Secretary of Labor to pay a portion of the Special Master's fees, and that such fees should be borne by the employers who violated the Fair Labor Standards Act.
• Beverly Enters., Inc. v. Fredonia Haven, Inc.
  825 F.2d 374· 11th Cir.· 1987-08-25
  The court held that Beverly's part performance of the oral lease agreement, evidenced by increased rent and assumption of costs, removed the agreement from the Statute of Frauds, making it binding despite not being signed by Fredonia.
• Butler v. Bowen
  57 F. Supp. 294· S.D. Fla.· 1987-08-21
• 202 Marketplace v. Evans Prods. Co. v. Healey
  824 F.2d 1363· 3d Cir.· 1987-08-14
  The court held that a landlord cannot declare a lease forfeiture based on an implied covenant regarding common area use, and that the Statute of Frauds requires any surrender of a leasehold interest to be in writing. The court reversed the forfeiture judgment and affirmed summary
• Gallo v. Heller
  512 So. 2d 215· Fla. 3d DCA· 1987-07-21
  A property owner sued her neighbors for damages caused by trees on their land, including roof damage, sidewalk cracking, and pet allergies. The court affirmed dismissal of the complaint, holding that Florida law does not impose liability on landowners for nuisances caused by natu
• Arabian Trading & Chem. Indus. Co. Ltd. v. The B.F. Goodrich Co.
  823 F.2d 60· 4th Cir.· 1987-07-15
  Saudi Arabian law does not provide a private cause of action for an offended employer to seek civil declaratory or injunctive relief against a new employer for employing former staff, nor does it contemplate such injunctive relief in these circumstances.
• Burlington N. Joint Protective Bd. v. Burlington N. R.R. Co.
  822 F.2d 810· 8th Cir.· 1987-07-07
  The court held that the district court correctly determined it lacked subject matter jurisdiction because the dispute was subject to binding arbitration under the New York Dock conditions.
• Mayer v. Ridgeview Towers, Inc.
  508 So. 2d 1341· Fla. 4th DCA· 1987-07-01
• Budinsky v. Commonwealth OF Pa. Dep't OF Env't Res.
  819 F.2d 418· 3d Cir.· 1987-05-27
  The Surface Mining Control and Reclamation Act of 1977 (SMCRA) does not preempt Pennsylvania's requirement for permits for all mining operations, even those affecting less than two acres, because federal law allows states to impose more stringent regulations.
• In re Grand Jury Subpoenas ON Bernard M. Barrett, Jr., M.D.
  818 F.2d 330· 5th Cir.· 1987-05-19
  The court held that the district court's refusal to terminate the grand jury investigation is not a final, appealable order under 28 U.S.C. § 1291.
• Bingham, Ltd. v. Meese
  817 F.2d 98· 11th Cir.· 1987-05-18
  The court held that the 'Guardfather' product is a switchblade knife prohibited by the Switchblade Knife Act, as it falls within the Act's definition and legislative intent.
• Arteaga v. Lyng
  660 F. Supp. 1142· M.D. Fla.· 1987-03-26
  The court held that the Farmers Home Administration (FmHA) regulation allowing a special sale of unsuitable homes was promulgated in violation of the notice and comment requirements of 42 U.S.C. § 1490n, as it was not certified as an emergency rule. The court also found that plai
• Henson v. E. Lincoln Twp.
  814 F.2d 410· 7th Cir.· 1987-03-11
  The court held that while Rule 23(b)(2) defendant class actions are not absolutely prohibited, they should be reserved for rare circumstances and are not appropriate in this case due to unmanageability and unfocused remedies.
• Lloyd Citrus Trucking, Inc. v. Treesweet Prods., Inc.
  53 F. Supp. 1009· S.D. Fla.· 1987-03-10
  The court held that citrus fruit and products are not covered by Fla.Stat. § 713.62, and therefore, the plaintiff failed to state a cause of action for lien foreclosure or injunctive relief.
• Hogan v. Brotherhood OF Railway
  817 F.2d 248· 4th Cir.· 1987-03-10
  The court held that the employees' claims were barred by the statute of limitations and their failure to exhaust administrative remedies.
• Planned Parenthood Ass'n OF Utah v. Suzanne Dandoy, M.D.
  810 F.2d 984· 10th Cir.· 1987-02-05
  The court held that Utah's state law prohibiting the use of state funds for contraceptive services to unmarried minors without parental consent conflicts with federal Medicaid law and is therefore invalid as applied to the federal program.
• Woodstock/Kenosha Health Ctr. v. Otis R. Bowen, M.D.
  810 F.2d 123· 7th Cir.· 1987-01-13
  The court held that the Secretary of Health and Human Services had the authority to require a state Medicaid agency to cease payments to a provider when the provider's Medicare agreement was not renewed, as Medicaid certification was statutorily dependent on Medicare certificatio
• Foodservice & Lodging Inst., Inc. v. Regan
  809 F.2d 842· D.C. Cir.· 1987-01-13
  The court held that the Anti-Injunction Act and Declaratory Judgment Act barred challenges to two tax regulations, while affirming the district court's decision on the merits for the remaining two regulations.
• Dade Cnty. v. Am. Hosp. OF Miami, Inc.
  502 So. 2d 1230· Fla.· 1987-01-06
  The Florida Supreme Court held that counties have no legal or financial duty under Florida law to provide post-emergency medical care to indigent residents or to reimburse private hospitals for such care. The Court reversed the district court's decision that had required Dade Cou
• In re Am. President Lines, Ltd.
  804 F.2d 1307· D.C. Cir.· 1986-11-14
  The court affirmed the dismissal of Safir's involuntary bankruptcy petitions against APL and Farrell, finding them frivolous, lacking good faith, and procedurally deficient.
• Avery Jones v. The City OF ST. Clair
  804 F.2d 478· 8th Cir.· 1986-10-31
  The court held that the district court erred in refusing to consider the merits of the plaintiff's requests for injunctive relief and attorney/expert fees, as these equitable matters are for the judge, not the jury, to decide after a verdict.
• Dyna Span Corp. v. Hearing Officer Arnold H. Pollock
  510 So. 2d 307· Fla. 4th DCA· 1986-10-30
  The circuit court must address the constitutional question of federal preemption before an administrative proceeding can continue.
• Keefe John Rini v. State
  496 So. 2d 178· Fla. 1st DCA· 1986-10-02
  A Florida appellate court reversed an HRS administrative order denying dental treatment to a developmentally disabled client living at home. The court held that HRS policy categorically denying routine dental services to non-residential clients while providing them to residential
• Fed'n for Am. Immigr. Reform v. Meese
  643 F. Supp. 983· S.D. Fla.· 1986-09-12
  The court held that the plaintiff organization lacked standing to challenge the Attorney General's application of the Cuban Adjustment Act and that the Act does not require Cuban nationals' status adjustments to be charged against numerical immigration quotas.
• Salyers v. Sec'y OF Health & Human Servs.
  798 F.2d 897· 6th Cir.· 1986-08-20
  The court held that intervening judicial and administrative developments mooted the plaintiffs' claims for class declaratory and injunctive relief.
• Berry v. Bean
  796 F.2d 713· 4th Cir.· 1986-07-31
  A base commander has broad authority to exclude civilians from his command area for non-arbitrary reasons, and a preliminary injunction should not be granted if the plaintiff has no chance of success on the merits.
• Sims Varner & Assocs., Inc. v. Blanchard
  794 F.2d 1123· 6th Cir.· 1986-07-08
  The court held that it had interlocutory jurisdiction over certain portions of the district court's orders denying injunctive relief, but affirmed those denials due to the contractor's substantial completion of the work and the plaintiff's delay in seeking equitable relief.
• S-1 v. Turlington
  646 F. Supp. 1179· S.D. Fla.· 1986-05-23
  The court held that while Smith v. Robinson generally precludes claims under § 504 and Title VI when the EAHCA provides relief, claims based on misclassification theory where § 504 offers greater substantive rights are not barred. The Eleventh Amendment precludes monetary relief
• Interstate Commerce Comm'n v. Peninsula Shippers Ass'n, Inc.
  789 F.2d 1401· 9th Cir.· 1986-05-19
  The court held that the Interstate Commerce Commission (ICC) can obtain injunctive relief to summarily inspect records of an association to determine if it is subject to ICC jurisdiction, even if the association claims exemption.
• Guerino R. DeROSA v. United States Dep't OF Hous. & Urban Dev.
  787 F.2d 840· 2d Cir.· 1986-04-11
  The court held that HUD's approval of UDAG and Section 108 funding was not arbitrary, as citizen participation requirements were met, the leveraging ratio was properly calculated, and Section 108 funds were used appropriately for acquisition, not direct construction.
• Bradley v. Heckler
  785 F.2d 954· 11th Cir.· 1986-04-02
  The court held that the claimant was a prevailing party under the Equal Access to Justice Act, entitling him to attorney fees.
• Gallanosa v. United States
  785 F.2d 116· 4th Cir.· 1986-02-27
  The court held that the district court lacked jurisdiction because the Gallanosas failed to exhaust their administrative remedies, and the citizen child's medical needs did not present a substantial constitutional question to confer jurisdiction.
• Hopewell Nursing Home, Inc. v. Heckler
  784 F.2d 554· 4th Cir.· 1986-02-21
  The court held that plaintiffs failed to exhaust administrative remedies by not pursuing a group appeal, thus the district court lacked subject matter jurisdiction.
• Rainbow Navigation, Inc. v. Dep't OF the Navy
  783 F.2d 1072· D.C. Cir.· 1986-01-27
  The court held that the Secretary of the Navy's finding that freight charges were "excessive or otherwise unreasonable" was reviewable and lacked a rational basis, as the proviso in the Cargo Preference Act of 1904 requires an economic determination, not one based on foreign poli
• Polaroid Corp. v. Eastman Kodak Co.
  833 F.2d 930· Fed. Cir.· 1986-01-07
  The court denied Kodak's motions for a stay of the injunction pending appeal.
• Codell Blease Thomas and Elizabeth F. Thomas v. Gen. Elec. Credit Corp.
  780 F.2d 1123· 4th Cir.· 1986-01-02
  The court held that the prior state court judgment was res judicata, barring the current federal action.
• Stewart v. Guy Crosson (84-5290)
  774 F.2d 158· 6th Cir.· 1985-10-08
  The court held that damages lie against the Furtons, and the District Court did not abuse its discretion in awarding fees against Crosson, but vacated the award for reconsideration.
• Consol. Gas Co. of Fla. v. City Gas Co.
  623 F. Supp. 1357· S.D. Fla.· 1985-10-04
  The court denied all three motions for summary judgment, finding material issues of fact in dispute regarding market definition, monopoly power, intent, and antitrust injury.
• Jones v. Life Care OF Baptist Hosp., Inc.
  476 So. 2d 726· Fla. 1st DCA· 1985-09-25
  John R. Jones, Jr., as Property Appraiser of Escambia County, appealed a summary judgment exempting Life Care of Baptist Hospital, Inc.'s Azalea Trace health facility from ad valorem taxation for 1981 and 1982. The Florida District Court of Appeal reversed, finding that the prope