Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count

• Roberts v. Pegelow
  313 F.2d 548· 4th Cir.· 1963-01-15 ·cited 46×
  The court held that while some allegations might warrant inquiry, new policies adopted by the District of Columbia regarding the treatment of Muslim inmates rendered the petitioners' claims moot.
• Adams v. Witmer
  271 F.2d 29· 9th Cir.· 1958-12-10 ·cited 46×
  The court held that the Administrative Procedure Act allows for judicial review of agency orders and authorizes injunctive relief, and that the abatement of an action against one party due to retirement does not necessarily abate the action against another party.
• Lincoln Mills OF Alabama v. Textile Workers Union of Am.
  230 F.2d 81· 5th Cir.· 1956-01-31 ·cited 46×
  The court held that federal courts possess inherent equitable power to enforce arbitration agreements in collective bargaining contracts, even without explicit statutory authorization, to effectuate federal labor policy.
• California Apparel Creators v. Wieder OF Cal., Inc.
  162 F.2d 893· 2d Cir.· 1947-07-30 ·cited 46×
  The court held that summary judgment was inappropriate because plaintiffs might be able to prove diversion of customers, even if individual losses were difficult to quantify.
• Tenet v. DOE et ux.
  544 U.S. 1· U.S.· 2005-03-02 ·cited 45×
  Public policy, as established in Totten v. United States, prohibits suits against the Government based on covert espionage agreements, regardless of the claims' labels.
• Anglia Jacs & Co., Inc. v. Dubin
  830 So. 2d 169· Fla. 4th DCA· 2002-10-09 ·cited 45×
  The court held that a prevailing party is entitled to attorney's fees for intertwined claims even if fees were not sought on every count, provided the claims share a common core of facts and related legal theories.
• Calderon v. Ashmus
  523 U.S. 740· U.S.· 1998-05-26 ·cited 45×
  A suit seeking a declaratory judgment on whether a state qualifies for Chapter 154 of AEDPA, before the state has invoked it in a habeas proceeding, does not present a justiciable case or controversy under Article III.
• Johnson v. Brooks
  567 So. 2d 34· Fla. 1st DCA· 1990-09-21 ·cited 45×
  Gloria Johnson appeals an injunction granted under Florida's repeat violence statute. The court holds that the appellee failed to establish the statutory definition of violence (assault, battery, or sexual battery), and therefore the injunction was improper.
• C.W. Blalock, Jr. v. United States
  844 F.2d 1546· 11th Cir.· 1988-05-18 ·cited 45×
  The court held that a target of a grand jury investigation is not entitled to injunctive relief for alleged due process or Rule 6(e)(2) violations because an adequate remedy at law exists if an indictment is returned.
• Commodity Futures Trading Comm'n v. CO Petro Mktg. Grp., Inc.
  680 F.2d 573· 9th Cir.· 1982-06-28 ·cited 45×
  The court held that Co Petro's Agency Agreements constituted futures contracts subject to the Commodity Exchange Act, and their sale off-exchange violated the Act, justifying the injunction and ancillary relief.
• Thi-Hawaii, Inc. v. First Commerce Fin. Corp.
  627 F.2d 991· 9th Cir.· 1980-09-15 ·cited 45×
  A plaintiff's complete involvement in the formation of an allegedly illegal antitrust scheme bars recovery of treble damages and equitable relief, even if the in pari delicto defense is inapplicable.
• United States v. Nova Scotia Food Prods. Corp.
  568 F.2d 240· 2d Cir.· 1977-12-15 ·cited 45×
  The court held that the FDA regulation was invalid as applied to appellants because the agency failed to disclose the scientific data and methodology it relied upon, and failed to adequately address the commercial feasibility concerns raised by the industry.
• Sec. & Exch. Comm'n v. Geon Indus., Inc.
  531 F.2d 39· 2d Cir.· 1976-02-09 ·cited 45×
  The court held that an executive's misleading statements and omissions to a stock exchange, when faced with unusual trading activity and potential deal-imperiling information, constitute a violation of Rule 10b-5. It also affirmed liability for tipping material non-public informa
• Boraas v. The Vill. OF Belle Terre
  476 F.2d 806· 2d Cir.· 1973-02-27 ·cited 45×
  The dissenting judge argues that the Village's zoning ordinance is a rational means to achieve legitimate zoning objectives and should be upheld.
• Jackson-Shaw Co. v. Jacksonville Aviation Auth.
  8 So. 3d 1076· Fla.· 2008-12-18 ·cited 44×
  The Florida Supreme Court answered two certified questions from the Eleventh Circuit regarding whether the Jacksonville Aviation Authority (JAA) violated Article VII, Section 10 of the Florida Constitution by becoming a joint owner with or pledging its credit to aid Majestic Real
• The Meadows Cmty. Ass'n, Inc. v. Russell-Tutty
  928 So. 2d 1276· Fla. 2d DCA· 2006-05-31 ·cited 44×
  A homeowners' association sued a unit owner seeking declaratory and injunctive relief to enforce deed restrictions requiring the owner to control her adult son's reckless driving on association private roads. The trial court dismissed the amended complaint for failure to state a
• Long Term Mgmt., Inc. v. Univ. Nursing Care Ctr., Inc.
  704 So. 2d 669· Fla. 1st DCA· 1997-12-12 ·cited 44×
  Long Term Management, Inc. (LTM) appealed an order enforcing a settlement agreement reached with University Nursing Care Center, Inc. (UNCC) during litigation over a management contract dispute. The appellate court reversed the enforcement order, finding that the parties did not
• Lane v. Osias Goren
  743 F.2d 1337· 9th Cir.· 1984-09-27 ·cited 44×
  California statutes prohibiting employment discrimination do not 'relate to' employee benefit plans under ERISA's preemption clause and are therefore not preempted.
• Taylor v. Teletype Corp.
  648 F.2d 1129· 8th Cir.· 1981-05-01 ·cited 44×
  The court affirmed the finding of classwide racial discrimination in demotions for 1974-1976, affirmed certain individual discrimination findings and relief, vacated the permanent injunction, and remanded for further proceedings on other individual claims.
• Paul v. Al Blake
  376 So. 2d 256· Fla. 3d DCA· 1979-10-09 ·cited 44×
  This case establishes that county taxpayers have standing to challenge tax exemptions granted by county officials without proving special injury when the challenge is based on violations of specific constitutional limitations on the county's taxing authority. The court affirmed t
• Kite v. Kelley
  546 F.2d 334· 10th Cir.· 1976-11-29 ·cited 44×
  Federal officers cannot be held monetarily liable for a subordinate's misconduct absent an affirmative link showing their participation or acquiescence in the constitutional deprivation.
• Duran v. Elrod
  542 F.2d 998· 7th Cir.· 1976-10-22 ·cited 44×
  Pre-trial detainees may not be subjected to restrictions beyond those reasonably necessary to ensure their presence at trial; claims regarding visiting privileges and exercise/recreation opportunities stated due process claims.
• Smith v. Grimm
  534 F.2d 1346· 9th Cir.· 1976-04-13 ·cited 44×
  The court held that there was no valid federal jurisdictional basis for the lawsuit, as the dispute was primarily a state law contract issue and not a substantial federal question or a proper case for mandamus.
• Nat'l Indep. Coal Operators' Ass'n v. Kleppe
  423 U.S. 388· U.S.· 1976-01-26 ·cited 44×
  The Federal Coal Mine Health and Safety Act of 1969 does not require the Secretary to make formal findings of fact before assessing a civil penalty unless the mine operator requests an administrative hearing.
• Cruz v. Skelton
  502 F.2d 1101· 5th Cir.· 1974-10-14 ·cited 44×
  Members of the Texas Board of Pardons and Paroles are immune from suits for damages under the Civil Rights Act for their parole decisions.
• Burt DeRIEUX v. The Five Smiths, Inc.
  499 F.2d 1321· Temp. Emer. Ct. App.· 1974-06-20 ·cited 44×
  The court held that the Atlanta Falcons violated Executive Order 11615 by charging higher ticket prices during the Phase I freeze and that the Economic Stabilization Act of 1970 was a constitutional delegation of power. However, private parties cannot bring actions for Phase I vi
• Rev. Chester O. Thompson v. Washington
  497 F.2d 626· D.C. Cir.· 1973-12-10 ·cited 44×
  Tenants of low-rent public housing are entitled to notice of proposed rent increases and an opportunity to present written objections.
• PPG Indus., Inc. v. Cont'l OIL Co.
  478 F.2d 674· 5th Cir.· 1973-05-09 ·cited 44×
  A federal district court has discretionary power to stay an equity suit pending the outcome of a parallel state action, and this discretion was properly exercised in this case.
• Wallace v. Norman Indus., Inc.
  467 F.2d 824· 5th Cir.· 1972-09-28 ·cited 44×
  The court held that the denial of a motion to stay proceedings is not an appealable order under 28 U.S.C. § 1292(a)(1) unless the underlying action was one at law and the stay was sought to determine an equitable defense or counterclaim.
• Rich v. Ryals
  212 So. 2d 641· Fla.· 1968-07-02 ·cited 44×
  The Florida Supreme Court held that a 1963 statute authorizing injunctions for zoning violations is constitutional, rejecting the District Court's conclusion that it unconstitutionally mandates judicial action. The Court ruled that a complaint alleging mere violation of zoning or
• Burton N. Pugach v. Honorable Isidore Dollinger
  277 F.2d 739· 2d Cir.· 1960-04-14 ·cited 44×
  Federal courts should not enjoin state officers from divulging wiretap evidence in state criminal trials, even if such divulgence violates federal law.
• Clemons v. The Bd. OF Educ. OF Hillsboro
  228 F.2d 853· 6th Cir.· 1956-01-05 ·cited 44×
  The court held that the district judge did not abuse his discretion in denying the injunction, as the school board was making a good-faith effort toward integration.
• Nat'l Lawyers Guild v. Brownell
  225 F.2d 552· D.C. Cir.· 1955-07-14 ·cited 44×
  A party must exhaust administrative remedies, even when claiming constitutional invalidity or prejudgment, before seeking judicial review.
• Seaboard Rendering Co. v. Conlon
  152 Fla. 723· Fla.· 1943-04-09 ·cited 44×
  Seaboard Rendering Company operated an animal reduction plant that emitted offensive odors, constituting a nuisance to neighboring property owners. The trial court permanently enjoined the plant's operation, and the Florida Supreme Court affirmed, rejecting the appellant's argume
• Cameron v. Internal Revenue Serv.
  773 F.2d 126· 7th Cir.· 1985-09-06 ·cited 43×
  Federal courts cannot award damages to a taxpayer complaining of IRS agents' badgering or harassment in tax collection, as no constitutional right violation is stated for which a damage remedy is available.
• Donovan v. Cunningham
  716 F.2d 1455· 5th Cir.· 1983-10-17 ·cited 43×
  The court held that the "adequate consideration" exemption for ESOPs requires fiduciaries to demonstrate they arrived at fair market value through a prudent investigation, not just subjective good faith. It also found one fiduciary violated ERISA by acting contrary to plan docume
• Baxter's Asphalt & Concrete, Inc. v. Liberty Cnty.
  406 So. 2d 461· Fla. 1st DCA· 1981-03-10 ·cited 43×
  Baxter's Asphalt & Concrete appeals the dismissal of its complaint challenging Liberty County's award of a road resurfacing contract to Gulf Asphalt, which submitted a non-conforming bid by failing to bid on one of two required alternative specifications. The court reverses, hold
• Hildebrand v. Bd. OF Trs. OF Mich. State Univ.
  607 F.2d 705· 6th Cir.· 1979-08-16 ·cited 43×
  The court held that the district court erred in withdrawing the case from the jury after trial had begun, as the plaintiff's claims for actual and punitive damages entitled him to a jury trial.
• Aikens v. Lash
  514 F.2d 55· 7th Cir.· 1975-04-07 ·cited 43×
  The court held that while inmates are entitled to a written statement of findings and reasons for disciplinary actions, and potentially lay advocate assistance in complex cases, they do not have an absolute right to cross-examine adverse witnesses in disciplinary hearings, and th
• Mrs. Fannie Lou Hamer v. Campbell
  358 F.2d 215· 5th Cir.· 1966-03-11 ·cited 43×
  The court held that a Negro citizen denied the right to vote due to discriminatory registration practices and poll tax requirements has standing to bring a class action to enjoin a municipal election, and that the district court erred in failing to do so.
• Lance v. Plummer
  353 F.2d 585· 5th Cir.· 1965-12-09 ·cited 43×
  The court held that a civil contempt sanction requiring resignation as a deputy sheriff must be limited to the duration of the contumacious conduct, and that attorney fees are permissible in civil contempt proceedings.
• Estrada v. Ahrens
  296 F.2d 690· 5th Cir.· 1961-11-30 ·cited 43×
  Nonresident aliens absent from the country are entitled to judicial review under the Administrative Procedure Act for agency actions that aggrieve them, and the subordinate official with authority to act is an indispensable party.
• City OF Jacksonville v. Wilson
  157 Fla. 838· Fla.· 1946-08-02 ·cited 43×
  Jacksonville city officials challenged a temporary restraining order prohibiting police interference with the Wilson's licensed restaurant business. The Florida Supreme Court held that the Wilsons' complaint failed to state grounds for equitable relief because it alleged only pas
• State v. The Am. Tobacco Co.
  707 So. 2d 851· Fla. 4th DCA· 1998-03-04 ·cited 42×
  Florida appealed the dismissal of three parent tobacco corporations (B.A.T. Industries, BATUS Holdings, and Loews Corporation) from a Medicaid cost-recovery suit, arguing they had sufficient contacts through agency relationships with their tobacco-manufacturing subsidiaries. The
• Am. Express Fin. Advisors v. Makarewicz
  122 F.3d 936· 11th Cir.· 1997-09-09 ·cited 42×
  American Express and IDS appealed a district court order denying injunctive relief and compelling arbitration of their claims against former financial advisors who allegedly solicited clients in violation of employment agreements. The Eleventh Circuit held it lacked jurisdiction
• Harmon v. Thornburgh
  878 F.2d 484· D.C. Cir.· 1989-06-30 ·cited 42×
  The court held that the Attorney General's drug-testing plan could constitutionally be applied to employees with top security clearances and those involved in drug prosecutions, but not those with access only to general confidential information.
• Smith v. The City OF Fontana
  818 F.2d 1411· 9th Cir.· 1987-01-06 ·cited 42×
  The court held that the district court erred in dismissing the plaintiffs' section 1983 claims. The Parratt doctrine, which limits section 1983 actions based on random and unauthorized deprivations when adequate post-deprivation remedies exist, applies only to procedural due proc
• Baker B. Hardin, Jr. v. White Mountain Apache Tribe
  761 F.2d 1285· 9th Cir.· 1985-02-26 ·cited 42×
  The court held that the White Mountain Apache Tribe acted within its civil jurisdiction in excluding a non-member who had been convicted of a federal crime, and that the district court did not abuse its discretion in awarding attorneys' fees to the Tribe.
• Powers v. COE
  728 F.2d 97· 2d Cir.· 1984-02-10 ·cited 42×
  A guilty plea does not moot a § 1983 claim for constitutional violations occurring prior to the plea, and prosecutorial immunity does not bar claims arising from press leaks or illegal wiretaps.
• Shelter Framing Corp. v. Pension Benefit Guar. Corp.
  705 F.2d 1502· 9th Cir.· 1983-05-20 ·cited 42×
  The court held that the retroactive application of the withdrawal liability provision of the Multiemployer Pension Plan Amendments Act violates employers' due process rights.