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

• Consumers Union OF United States, Inc. v. Veterans Admin.
  436 F.2d 1363· 2d Cir.· 1971-01-15 ·cited 48×
  The appeal is dismissed as moot because the VA has since disclosed the requested information and conceded the illegality of its prior withholding.
• Sierra Club v. Hickel
  433 F.2d 24· 9th Cir.· 1970-09-16 ·cited 48×·via Seeking Injunction
  The court held that the granting of a preliminary injunction was an abuse of discretion and must be reversed, despite the plaintiff having standing.
• Citizens Comm. FOR the Hudson Valley v. Volpe
  425 F.2d 97· 2d Cir.· 1970-04-16 ·cited 48×
  The court held that plaintiffs had standing to challenge the Army Corps of Engineers' permit issuance under the Administrative Procedure Act, and that the permit was void as it exceeded the Corps' statutory authority under the Rivers and Harbors Act.
• Schildhaus v. MOE
  335 F.2d 529· 2d Cir.· 1964-07-07 ·cited 48×·via Injunction
  A motion to vacate an injunction under F.R.Civ.Proc. 60(b)(5) requires changed circumstances, not a relitigation of issues already decided. A motion under 60(b)(1) for judicial mistake must be made within a reasonable time, generally not exceeding the appeal period.
• Cliett v. Hammonds
  305 F.2d 565· 5th Cir.· 1962-06-28 ·cited 48×·via Injunction
  The court held that while the judgment improperly mixed civil and criminal contempt procedures, the finding of civil contempt was valid and the judgment should be modified to remove the criminal aspects.
• Arvil R. Hardcastle v. Western Greyhound Lines (Division OF THE Greyhound Corporation)
  303 F.2d 182· 9th Cir.· 1962-05-16 ·cited 48×·via Injunction
  The court held that a union's change in seniority rights, absent allegations of bad faith or hostile discrimination, is permissible even if it disadvantages some members.
• Belk's Dep't Store v. Scherman
  117 So. 2d 845· Fla. 3d DCA· 1960-02-15 ·cited 48×·via Injunction
  A department store lessee obtained injunctions and a receiver appointment against the store owner without proper notice or bonds. The store owner appealed the denial of a motion to dissolve those orders. The appellate court held that while the underlying orders could stand, the c
• The Cold Metal Process Co. & The Union Nat'l Bank of Youngstown v. Republic Steel Corp.
  233 F.2d 828· 6th Cir.· 1956-04-10 ·cited 48×·via Injunction
  The court denied petitions for rehearing, adhering to its prior decision regarding patent license agreements and immunity.
• Crosley Corp. v. Westinghouse Elec. & Mfg. Co.
  130 F.2d 474· 3d Cir.· 1942-07-31 ·cited 48×·via Injunction
  The court held that the district court, having first obtained jurisdiction of the parties and issues in a declaratory judgment action, should have enjoined prosecution of later-filed infringement suits in another district.
• Cheney v. Jones
  14 Fla. 587· Fla.· 1874-07-01 ·cited 48×
  The Florida Supreme Court addresses constitutional limits on the Legislature's power to issue state bonds and levy taxes to pay indebtedness. The court holds that the Legislature may issue bonds to secure existing debts and pay ordinary state expenses, but may not issue bonds to
• Shaw v. Tampa Elec. Co.
  949 So. 2d 1066· Fla. 2d DCA· 2007-01-05 ·cited 47×·via Injunction
  Homeowners appealed the denial of a mandatory injunction seeking to force Tampa Electric Company to remove large electrical transmission poles from their neighborhood. The court affirmed the summary judgment, holding that even if the poles constituted a nuisance, monetary damages
• Gustafson v. Mauck
  743 So. 2d 614· Fla. 1st DCA· 1999-10-20 ·cited 47×·via Injunction
  The court held that the telephone calls, in conjunction with the history of the relationship, did not provide objectively reasonable grounds to fear imminent danger of violence.
• Inter-Active Servs., Inc. v. Heathrow Master Ass'n, Inc.
  721 So. 2d 433· Fla. 5th DCA· 1998-12-04 ·cited 47×
  This case involves a dispute over the termination date of a security system installation and monitoring contract. The appellate court disagreed with the trial court's interpretation of the contract's termination clause, finding it was not terminable five years from the initial co
• Nat'l Broad. Co., Inc. v. Commc'ns Workers OF Am., AFL-CIO
  860 F.2d 1022· 11th Cir.· 1988-11-28 ·cited 47×
  The court held that the appeal was not moot because the "capable of repetition, yet evading review" exception applied, allowing review of the "temporary restraining order" despite the appellant's compliance.
• Fla. Exp. Tobacco Co., Inc. v. Dep't OF Revenue & Gerald Lewis
  510 So. 2d 936· Fla. 1st DCA· 1987-06-26 ·cited 47×
  This case addresses whether Florida circuit courts retain exclusive original jurisdiction over cases challenging the legality of tax assessments, or whether the 1974 amendments to the Administrative Procedures Act conferred concurrent jurisdiction on the Department of Revenue and
• Jordan v. Multnomah Cnty.
  815 F.2d 1258· 9th Cir.· 1987-04-24 ·cited 47×
  The court held that the district court abused its discretion by failing to adequately explain its fee calculations and that the denial of a multiplier was not an abuse of discretion.
• Conair Corp. v. Nat'l Labor Relations Bd.
  721 F.2d 1355· D.C. Cir.· 1983-11-15 ·cited 47×·via Injunction
  The National Labor Relations Board (NLRB) has the statutory authority to issue a bargaining order even in the absence of a demonstrated majority of employee support for a union, provided that the employer has engaged in "outrageous" and "pervasive" unfair labor practices that pre
• Vicel Herron v. James G. Beck J.J. Culpepper
  693 F.2d 125· 11th Cir.· 1982-12-06 ·cited 47×
  The court held that the district court erred by converting a motion to dismiss into a motion for summary judgment without providing the required ten-day notice to the pro se plaintiff.
• Deweese v. Town OF Palm Beach
  688 F.2d 731· 11th Cir.· 1982-10-08 ·cited 47×
  The district court abused its discretion by applying collateral estoppel to prevent the town from litigating the constitutionality of its shirtlessness ordinance.
• Prof'l Air Traffic Controllers Org. v. Fed. Labor Relations Auth.
  685 F.2d 547· D.C. Cir.· 1982-06-11 ·cited 47×·via Injunction
  The court held that the revocation of PATCO's exclusive recognition status was an appropriate disciplinary action for its unlawful strike.
• Cmtys. Fin. Corp. v. Fla. Dep't of Env't Reg.
  416 So. 2d 813· Fla. 1st DCA· 1982-04-15 ·cited 47×
  Communities Financial Corporation and Coquina Water Management District appealed a trial court judgment that denied their request for attorney's fees and proceeded to the merits of a dispute with the Florida Department of Environmental Regulation over permit jurisdiction. The Fir
• Burton Levey v. Getelman
  408 So. 2d 663· Fla. 3d DCA· 1981-12-29 ·cited 47×
  The appellate court reversed a summary judgment, finding that genuine issues of material fact existed regarding fraudulent misrepresentation and breach of fiduciary duty. The case involved a dispute over the sale of a land trust interest where one co-beneficiary allegedly failed
• Tarter v. Hury
  646 F.2d 1010· 5th Cir.· 1981-06-01 ·cited 47×
  The court affirmed the dismissal of most claims, finding some barred by immunity and exhaustion requirements, and others failing to state a claim upon which relief could be granted.
• Hidden Harbour Ests., Inc. v. Basso
  393 So. 2d 637· Fla. 4th DCA· 1981-02-11 ·cited 47×
  Hidden Harbour Estates sought an injunction to prevent the Bassos from operating a shallow water well on their condominium property without the Board's approval. The Florida appellate court affirmed the trial court's denial of the injunction, establishing that board decisions on
• The Parent Ass'n OF Andrew Jackson High Sch. v. Ambach
  598 F.2d 705· 2d Cir.· 1979-04-17 ·cited 47×
  The court held that a federal court cannot compel desegregation of a school system absent a finding of de jure (state-mandated) segregation, even if the school has a de facto racial imbalance.
• Marcera v. Chinlund
  595 F.2d 1231· 2d Cir.· 1979-02-27 ·cited 47×
  The dissenting judge argues that the court should not mandate a statewide 'contact' visitation program for jails without clearly defining the constitutional right involved and considering the significant costs and administrative burdens.
• Devin v. The City OF Hollywood
  351 So. 2d 1022· Fla. 4th DCA· 1976-07-23 ·cited 47×
  Two Hollywood police officers appealed the dismissal of their complaint challenging the Chief of Police's failure to promote them despite ranking high on Civil Service eligibility lists. The court held that the Civil Service Act requires promotions to follow a "rule of one"—selec
• Rosado v. Wyman
  414 F.2d 170· 2d Cir.· 1969-07-16 ·cited 47×
  The court concurred that the district court abused its discretion in rendering judgment on the pendent statutory claim, finding it more appropriate for initial resolution by the relevant federal agency.
• McBEATH v. Inter-American Citizens FOR Decency Comm.
  374 F.2d 359· 5th Cir.· 1967-03-13 ·cited 47×
  The court held that the district court erred in dismissing the suit for lack of jurisdiction without a full hearing on the merits, as the jurisdictional issues were inextricably intertwined with the merits of the antitrust claims.
• Dade Cnty. v. Dade Cnty. League OF Municipalities & Dean Claussen
  104 So. 2d 512· Fla.· 1958-07-23 ·cited 47×
  The Florida Supreme Court upheld a proposed municipal autonomy amendment to the Dade County Home Rule Charter as constitutionally permissible to submit to voters, while expressing concerns about one phrase ('or by special act') that might conflict with constitutional restrictions
• Fla. Ventilated Awning Co., Inc. v. Dickson
  67 So. 2d 218· Fla.· 1953-07-28 ·cited 47×·via Injunctive Order
  Florida Ventilated Awning Company and others appeal a contempt order for violating an injunctive decree that prohibited use of the word 'ventilated' in their business name and advertising. The Florida Supreme Court reversed the contempt finding, holding that the defendants lacked
• Merritt v. Peters
  65 So. 2d 861· Fla.· 1953-06-02 ·cited 47×·via Injunction
  Merritt challenges a county zoning regulation limiting commercial signs to 40 square feet as an unconstitutional exercise of police power. The Florida Supreme Court upholds the regulation, holding that aesthetic considerations constitute a valid basis for zoning restrictions affe
• H. J. Heinz Co. v. Owens
  189 F.2d 505· 9th Cir.· 1951-05-09 ·cited 47×·via Injunction
  Federal courts are prohibited by statute from granting injunctions to stay state court proceedings, and granting declaratory relief that would interfere with state proceedings constitutes an abuse of discretion.
• Larson v. THE Indep. Life & Accident Ins. Co.
  158 Fla. 623· Fla.· 1947-03-14 ·cited 47×
  The Florida Supreme Court upheld a declaratory judgment that Chapter 22671 of the 1945 Acts, imposing a premium receipts tax on insurance companies, should be interpreted prospectively rather than retroactively. The court rejected the State Treasurer's argument that the tax shoul
• Thompson v. Shell Petroleum Corp.
  130 Fla. 652· Fla.· 1938-01-22 ·cited 47×·via Injunction
  Thompson appeals an injunction prohibiting him from canceling a sublease and employment agreement with Shell Petroleum Corporation. The Florida Supreme Court holds that while the sublease and employment contract must be construed together, the sublease's explicit cancellation ter
• Burress Cawthon v. The Town of DeFuniak Springs
  88 Fla. 324· Fla.· 1924-11-18 ·cited 47×·via Injunction
  This case involves a property owner's challenge to a town's street paving plan that left a four-foot unpaved space between the sidewalk and the street curb. The court found that the inconvenience caused to the property owner was not an unreasonable exercise of the town's police p
• Potter v. Lainhart
  44 Fla. 647· Fla.· 1902-06-01 ·cited 47×·via Injunction
  A Dade County taxpayer challenged a $150,000 bond issuance for roads, a courthouse, and jail, raising procedural and constitutional objections. The Florida Supreme Court affirmed dismissal of the complaint, holding that the bonds were validly issued under statutory authority and
• Fla. Dep't of Agric. & Consumer Servs. v. John M. and Patricia A. Haire
  836 So. 2d 1040· Fla. 4th DCA· 2003-01-15 ·cited 46×
  The Florida Department of Agriculture appeals a temporary injunction declaring the 2002 Citrus Canker Law amendments unconstitutional and prohibiting warrantless searches of private property. The court holds that the 1900-foot tree destruction requirement is constitutional but th
• Fla. Nat'l Org. FOR Women, Inc. v. State
  832 So. 2d 911· Fla. 1st DCA· 2002-12-19 ·cited 46×
  Appellants challenged the constitutionality of Florida's "Choose Life" specialty license plate on various grounds, including Establishment Clause, free speech, privacy, equal protection, and due process violations. The trial court dismissed their Second Amended Complaint with pre
• Tamiami P'rs, Ltd. v. Miccosukee Tribe OF Indians OF Florida
  177 F.3d 1212· 11th Cir.· 1999-06-07 ·cited 46×
  Tamiami Partners, Ltd. sought to enforce a gaming management agreement with the Miccosukee Tribe by compelling arbitration and recovering revenues after the Tribe terminated the agreement and denied gaming licenses to Tamiami's personnel. The Eleventh Circuit held that the distri
• Stock W., Inc. v. Confederated Tribes OF THE Colville Reservation
  873 F.2d 1221· 9th Cir.· 1989-04-20 ·cited 46×
  The Ninth Circuit held that the district court correctly found diversity jurisdiction but erred in dismissing the case on comity grounds without requiring exhaustion of tribal remedies.
• Ishmael Jaffree v. Wallace
  837 F.2d 1461· 11th Cir.· 1988-01-22 ·cited 46×·via Injunction
  The court held that the doctrine of res judicata barred the plaintiffs' action because the issues and parties were sufficiently identical to a prior litigation, and the district court did not err in denying the motion to recuse.
• Seaboard Sys. R.R., Inc. v. Anthony J. Clemente as Dir. of the Dep't of Env't Res. Mgmt.
  467 So. 2d 348· Fla. 3d DCA· 1985-03-12 ·cited 46×
  This consolidated appeal addresses environmental liability for toxic waste contamination at a former wood-treating facility in Miami. The court upheld a preliminary injunction requiring multiple parties to remove toxic sludge threatening groundwater, but reversed contempt finding
• Lynch v. City OF Milwaukee
  747 F.2d 423· 7th Cir.· 1984-10-31 ·cited 46×
  The court held that the district court did not abuse its discretion in awarding attorney's fees, including a negative multiplier, despite the nominal damages awarded.
• N.A.A.C.P. v. City OF Richmond
  743 F.2d 1346· 9th Cir.· 1984-09-28 ·cited 46×
  The Ninth Circuit held that the City of Richmond's 20-day advance notice requirement for parade permits violates the First Amendment and that the waiver provision granting unfettered discretion is unconstitutional.
• Gold v. Johns-Manville Sales Corp.
  723 F.2d 1068· 3d Cir.· 1983-12-07 ·cited 46×·via Injunction
  The court held that it lacked jurisdiction to hear the appeals as of right, and denied petitions for writs of mandamus or prohibition, because the district court's denial of a stay was a discretionary order not subject to immediate appellate review.
• Lloyd v. Loeffler
  694 F.2d 489· 7th Cir.· 1982-11-30 ·cited 46×·via Injunction
  The court held that a tort suit for interference with child custody is not barred by the domestic relations exception to diversity jurisdiction, and Wisconsin law recognizes such a tort.
• Monahan v. State OF Neb.
  687 F.2d 1164· 8th Cir.· 1982-08-30 ·cited 46×
  The court held that the substantive claims were moot or barred by failure to exhaust administrative remedies, but remanded for a determination of attorney's fees for one plaintiff who had prevailed on preliminary relief.
• Portia Williams v. The RED Bank Bd. OF Educ.
  662 F.2d 1008· 3d Cir.· 1981-10-26 ·cited 46×
  While abstention under Younger v. Harris is appropriate for state administrative proceedings concerning teacher tenure, the district court should have retained jurisdiction and stayed the federal action pending the outcome of the state proceedings, rather than dismissing it.
• Iowa Power & Light Co. v. Burlington N., Inc.
  647 F.2d 796· 8th Cir.· 1981-04-27 ·cited 46×
  The court held that the Staggers Rail Act of 1980 did not apply to this case due to its timing and the manifest injustice of retroactive application, and that the ICC properly considered the parties' agreed rate as evidence of a reasonable maximum.