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771 F.2d 108·
6th Cir.·
1985-08-20
A state tax that discriminates against interstate commerce by favoring domestic businesses is unconstitutional under the Commerce Clause, and the Tax Injunction Act does not bar federal jurisdiction when no plain, speedy, and efficient remedy exists in state court.
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770 F.2d 730·
8th Cir.·
1985-08-15
The court held that the consolidation of two South Dakota counties, one of which was entirely within an Indian reservation, was not preempted by federal law and did not impermissibly infringe upon the Oglala Sioux Tribe's right of self-government.
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766 F.2d 1381·
9th Cir.·
1985-07-26
The court held that the case was moot because a subsequent election of a new board of directors rendered the issue of the validity of the prior appointments no longer live, and there was no reasonable expectation that the same controversy would recur between the same parties.
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766 F.2d 1182·
7th Cir.·
1985-07-15
The court held that challenges to agency regulations implementing the Sunshine Act must be brought in the D.C. Circuit under § 552b(g), not in district court under § 552b(h), and that the plaintiffs' suit did not allege an actual violation or scheduled closed meeting.
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617 F. Supp. 323·
S.D. Fla.·
1985-06-28
The court held that defendants violated the Federal Aviation Act and its regulations by operating an aircraft with a suspended airworthiness certificate, failing to surrender a mechanic's certificate after revocation, and failing to produce maintenance records, thus rendering the
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764 F.2d 961·
3d Cir.·
1985-06-13
The court held that the Waterfront Commission's registration requirements must be reconciled with existing collective bargaining agreements, requiring an amendment to the injunction to allow registration of individuals on the union's hiring hall list.
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469 So. 2d 949·
Fla. 5th DCA·
1985-05-30
Private property owners appealed a trial court's denial of their motion to dismiss a suit by two individuals seeking to establish a public road by prescription on the owners' land. The appellate court dismissed the appeal on jurisdictional grounds, holding that the denial of a mo
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763 F.2d 386·
10th Cir.·
1985-05-28
A recorded judgment lien is superior to the rights of subsequent purchasers and improvers, even if they are unaware of the lien, unless they qualify as good faith improvers based on a reasonable, non-negligent mistake.
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468 So. 2d 1121·
Fla. 4th DCA·
1985-05-22
Petitioners sought a writ of prohibition to prevent a circuit judge from enforcing a county day care ordinance, arguing the circuit court lacked jurisdiction and that such enforcement belonged exclusively in county court. The Florida appellate court denied the petition, holding t
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761 F.2d 105·
2d Cir.·
1985-04-30
The court held that the City's zoning and licensing ordinances, as applied to the plaintiff's adult bookstore, were likely unconstitutional due to vagueness, overbreadth, and impermissible prior restraint on First Amendment expression, warranting a preliminary injunction.
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760 F.2d 539·
4th Cir.·
1985-04-29
The court held that a subordinate officer cannot sue superior officers for damages for alleged constitutional violations, and that substantial evidence supported the retention of a letter of reprimand in the officer's personnel file.
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467 So. 2d 834·
Fla. 2d DCA·
1985-04-26
The court held that the property appraiser is entitled to a ruling on the merits of his complaint, even if the tax collector cannot collect additional taxes for the current year.
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760 F.2d 226·
8th Cir.·
1985-04-26
The court affirmed the denial of temporary and preliminary injunctive relief, finding no abuse of discretion by the district court in deferring to prison officials' decisions on inmate placement.
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760 F.2d 239·
10th Cir.·
1985-04-25
The court affirmed the trial court's summary judgment, finding no error in the application of immunity or in the dismissal of antitrust and discrimination claims.
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760 F.2d 199·
8th Cir.·
1985-04-17
The court held that the district court's findings were not clearly erroneous and no errors of law appeared, affirming the judgment.
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756 F.2d 1439·
9th Cir.·
1985-04-03
The court held that the district court erred by creating its own disclosure scheme rather than enjoining the unconstitutional state statutes.
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756 F.2d 1398·
9th Cir.·
1985-04-02
The court held that the district court erred by dismissing the pro se plaintiff's case without adequate notice of the motion to dismiss hearing.
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466 So. 2d 403·
Fla. 1st DCA·
1985-03-28
The Department of Transportation appealed a circuit court's declaratory judgment that the Silver Palm passenger train was entitled to continued state funding beyond November 20, 1984. The court reversed, holding that the Department's interpretation of "operating ratio" to exclude
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606 F. Supp. 333·
S.D. Fla.·
1985-03-27
The court affirmed the INS's imposition of fines, holding that the plaintiffs' defenses of estoppel, duress, and due diligence were not applicable or established.
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756 F.2d 1025·
4th Cir.·
1985-03-13
The court held that the Department of Labor's '50% rule,' requiring employers petitioning for seasonal foreign workers to hire domestic workers until 50% of the foreign contract has elapsed, is a valid regulation issued with legal authority.
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752 F.2d 352·
8th Cir.·
1985-01-16
The court held that the district court properly denied the motion for federal injunctive relief based on the abstention doctrine.
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751 F.2d 744·
5th Cir.·
1985-01-14
The court affirmed the denial of a stay of execution and injunctive relief, finding the petitioner failed to present a substantial case on the merits.
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752 F.2d 68·
3d Cir.·
1985-01-07
The court held that a pro se prisoner's complaint alleging excessive force and improper lockdown by a guard, even if poorly drafted, should not be dismissed at the pleading stage if it suggests a violation of federally protected rights.
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460 So. 2d 1026·
Fla. 4th DCA·
1984-12-28
The Fourth District reversed an injunction against the Division of Alcoholic Beverages and Tobacco, holding that as-applied constitutional challenges to administrative action must be raised on appeal after final agency action, not in circuit court during the administrative proces
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749 F.2d 1124·
4th Cir.·
1984-12-05
Federal courts lack subject matter jurisdiction to review state trial court proceedings or to grant injunctive relief against state judges, even when constitutional claims are raised.
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747 F.2d 1269·
9th Cir.·
1984-11-20
The court held that the expedited administrative review procedure for labor certifications does not violate the Fifth Amendment's due process clause, even without notice to unions.
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746 F.2d 942·
2d Cir.·
1984-10-19
The court affirmed the dismissal of the federal action, holding that federal injunctive relief against pending state court criminal proceedings is not permissible under Younger v. Harris absent extraordinary circumstances.
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458 So. 2d 22·
Fla. 1st DCA·
1984-10-11
Criterion Insurance Company challenges the facial constitutionality of Florida's rate filing statute (Section 627.0651(10)) after the Department of Insurance issued an emergency disapproval order for rate increases filed within a prohibited time period. The court affirmed the sta
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746 F.2d 108·
2d Cir.·
1984-10-03
The court held that the Federal Trade Commission failed to demonstrate a cognizable danger of recurrent violation necessary to justify a cease and desist order for discontinued violations of the Clayton Act and FTC Act.
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742 F.2d 1472·
D.C. Cir.·
1984-08-28
The court held that the Legal Services Corporation's (LSC) offset of unexpended funds from a prior fiscal year did not constitute a 'termination' of 'financial assistance' requiring a pre-termination hearing under the statute and regulations.
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448 So. 2d 1205·
Fla. 3d DCA·
1984-04-24
The court held that the trial court erred in dismissing the cause for lack of subject matter jurisdiction, as equity courts have jurisdiction over threatened property damage and bodily injury.
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732 F.2d 517·
6th Cir.·
1984-04-19
The court held that the National Mediation Board's method of determining employee representation and the form of its election ballots are not subject to judicial review unless the Board acts in excess of its statutory authority.
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583 F. Supp. 1027·
S.D. Fla.·
1984-04-06
The court held that it lacked subject matter jurisdiction because the plaintiffs failed to present a genuine federal question.
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728 F.2d 1180·
8th Cir.·
1984-03-14
The court held that while the request for an injunction was moot, the claim for damages was not, and the dismissal of the damages claim was erroneous.
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728 F.2d 49·
1st Cir.·
1984-03-02
The court held that while the Navy may not have had explicit authority to issue the anti-nepotism regulation, its instructions served as acceptable interim measures due to the Department of Education's inaction, and the regulation itself was not unreasonable.
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774 F.2d 1355·
9th Cir.·
1984-02-16
The court held that the Postal Service has a duty under the Architectural Barriers Act to ensure leased buildings are accessible to handicapped persons as a condition of the lease, not just when alterations occur.
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728 F.2d 130·
2d Cir.·
1984-02-14
The court held that federal courts should abstain from deciding constitutional questions when complex state law issues that could moot the federal questions remain unresolved.
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579 F. Supp. 1517·
S.D. Fla.·
1984-02-13
The court held that res judicata bars the current lawsuit because the prior class action adequately represented the plaintiffs' interests, and the prior ruling that deputy sheriffs are not 'public employees' for collective bargaining purposes remains valid.
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724 F.2d 1403·
9th Cir.·
1984-01-31
The District Court of Guam erred in dismissing Black Construction Corporation's appeal for lack of subject matter jurisdiction, as the denial of a motion to stay proceedings pending arbitration is appealable under Guam Code of Civil Procedure section 62.
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726 F.2d 65·
2d Cir.·
1984-01-17
Plaintiffs lack standing to seek injunctive relief against the city's use of mace because they have not shown a sufficient likelihood of future harm, as required by Los Angeles v. Lyons.
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725 F.2d 176·
2d Cir.·
1983-12-30
The court held that the district court properly granted summary judgment, finding that the Federal Power Act preempts state regulation of hydroelectric projects licensed by FERC and that the state board was precluded from relitigating issues already decided.
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442 So. 2d 1113·
Fla. 4th DCA·
1983-12-28
A municipality has no duty to monitor developer advertising regarding property sales.
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448 So. 2d 511·
Fla. 3d DCA·
1983-12-20
Pioneer Security Corporation appealed the dismissal of its complaint challenging a city ordinance regulating the color of security guard uniforms. The court affirmed the dismissal, holding that the City of Sweetwater had authority under home rule provisions to enact the uniform c
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722 F.2d 1274·
6th Cir.·
1983-11-28
The court held that the phrase 'including without limitation' in the Toledo obscenity ordinance's definition of sexual behavior does not render it unconstitutionally vague or overbroad. The court affirmed the constitutionality of the Ohio statutes based on prior precedent.
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719 F.2d 129·
5th Cir.·
1983-11-10
The court held that the district court did not abuse its discretion in abstaining from judgment on the constitutionality of the Texas statutes.
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440 So. 2d 606·
Fla. 3d DCA·
1983-11-08
Valle-Axelberd, the lowest bidder for a contract to provide psychological screening services for police applicants, appeals the trial court's denial of its bid protest. The court affirmed the county's award to the second-lowest bidder because the invitation to bid explicitly rese
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592 F. Supp. 85·
M.D. Fla.·
1983-10-27
The court held that the City of Orlando's distance and on-off requirements for portable trailer signs were unconstitutional as they arbitrarily and unreasonably restricted commercial speech without advancing substantial governmental interests.
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436 So. 2d 1106·
Fla. 4th DCA·
1983-09-07
The court reversed a temporary restraining order for failure to comply with Florida Rule of Civil Procedure 1.610(d) because the order did not specify the reasons for entry, without prejudice to reapplication.
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730 F.2d 1069·
7th Cir.·
1983-08-26
The court held that while exhaustion of administrative remedies is generally required for judicial review of Social Security Act decisions, it may be waived by the Secretary or deemed unnecessary when the decision rests on a legal ground or further agency fact-finding is benefici
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715 F.2d 492·
10th Cir.·
1983-08-24
The court held that the Internal Revenue Service summons power is adequately checked by judicial enforcement, and the IRS cannot revoke tax-exempt status based on a good faith refusal to comply with an unenforced summons.