Injunctive Relief

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

• In re The Justices OF the Supreme Court OF Puerto RICO
  695 F.2d 17· 1st Cir.· 1982-12-08 ·cited 42×
  The court held that the Justices of the Supreme Court of Puerto Rico are entitled to a writ of mandamus to dismiss claims against them regarding membership and dues statutes, as they act as neutral adjudicators and no case or controversy exists. However, the Puerto Rico Bar Assoc
• Adele Halkin v. Helms
  690 F.2d 977· D.C. Cir.· 1982-09-21 ·cited 42×
  The court affirmed the district court's dismissal of plaintiffs' claims, upholding the government's assertion of the state secrets privilege and finding that plaintiffs could not prove their case without privileged information.
• Napoleon Chisholm v. The United States Postal Serv.
  665 F.2d 482· 4th Cir.· 1981-11-25 ·cited 42×
  The court affirmed the district court's class certification and finding of liability for discriminatory promotion practices under a disparate impact theory, but vacated relief for one individual claim.
• Walee Abdul Hameed v. Int'l Ass'n OF Bridge
  637 F.2d 506· 8th Cir.· 1980-11-03 ·cited 42×
  The court held that the high school diploma requirement and apprenticeship selection criteria had a discriminatory impact violating Title VII, but affirmed the dismissal of the referral system claim. The court vacated the district court's limited back pay award and remanded for f
• Nev. Airlines, Inc. v. Langhorne M. Bond
  622 F.2d 1017· 9th Cir.· 1980-07-08 ·cited 42×
  The court held that it has jurisdiction to review the Administrator's emergency determination to revoke an air carrier's operating certificate, but the district court correctly dismissed the action for injunctive relief due to exclusive appellate jurisdiction. The court denied th
• Bennett Robinson v. 12 Lofts Realty, Inc.
  610 F.2d 1032· 2d Cir.· 1979-11-21 ·cited 42×
  The court held that the corporation failed to provide sufficient evidence to rebut the plaintiff's prima facie case of housing discrimination under the Fair Housing Act, and thus the district court's denial of injunctive relief was erroneous.
• Northside Realty Assocs., Inc. v. United States
  605 F.2d 1348· 5th Cir.· 1979-11-05 ·cited 42×
  The court held that compensatory damages for nonparties cannot be awarded in a civil contempt action brought by the government to enforce a Fair Housing Act injunction, as such relief exceeds the scope and purpose of contempt proceedings and is unnecessary given available private
• Seymour F. Cotton, Jr. v. Hutto
  577 F.2d 453· 8th Cir.· 1978-06-15 ·cited 42×
  The court held that a prisoner's claims for damages against prison officials are barred if predicated solely on a respondeat superior theory, which does not apply in § 1983 suits.
• Donnell v. Gen. Motors Corp.
  576 F.2d 1292· 8th Cir.· 1978-05-24 ·cited 42×
  The court held that the educational requirements for the apprenticeship program had a disparate impact on black applicants and were not justified by business necessity, and that the defendant unions should not have been excused from liability.
• Connolly v. Pension Benefit Guar. Corp.
  581 F.2d 729· 9th Cir.· 1978-05-04 ·cited 42×
  The court held that the Operating Engineers Pension Plan is a defined benefit plan subject to ERISA's termination insurance provisions, not an individual account plan exempt from coverage, and that the employer's disclaimer of liability does not alter this classification.
• Ill. Migrant Council v. Alva L. Pilliod
  540 F.2d 1062· 7th Cir.· 1976-08-17 ·cited 42×
  The dissenting judge argues that the injunction should not have been granted due to issues with standing and the principles of equitable restraint, even if the underlying Fourth Amendment violations occurred.
• Bonner v. Cir. Court OF the City OF ST. Louis
  526 F.2d 1331· 8th Cir.· 1975-11-28 ·cited 42×
• Cleaver v. Wilcox
  499 F.2d 940· 9th Cir.· 1974-06-07 ·cited 42×
  The court held that while injunctive relief was inappropriate due to lack of irreparable harm and Younger considerations, declaratory relief regarding the right to appointed counsel in child dependency cases was proper.
• Sabine D. Jordan v. Fusari
  496 F.2d 646· 2d Cir.· 1974-04-29 ·cited 42×
  The court held that the case should be remanded to the district court for further consideration of attorneys' fees, including alternative legal theories and a reevaluation of the fee amount, due to a sparse record and unresolved legal questions.
• Wulp v. Corcoran
  454 F.2d 826· 1st Cir.· 1972-01-11 ·cited 42×
  A city ordinance requiring permits and badges for selling newspapers and other printed materials on the streets is unconstitutional on its face, violating First Amendment rights.
• McQUEARY v. Laird
  449 F.2d 608· 10th Cir.· 1971-10-21 ·cited 42×
  The court held that the suit was an unconsented action against the United States, barred by sovereign immunity, and that the National Environmental Policy Act did not create substantive rights to challenge military operations.
• Soglin v. Kauffman
  418 F.2d 163· 7th Cir.· 1969-10-24 ·cited 42×
  The court held that the University of Wisconsin's disciplinary proceedings based on the vague doctrine of "misconduct" violate the First and Fourteenth Amendments.
• Nelson v. Miller
  373 F.2d 474· 3d Cir.· 1967-02-13 ·cited 42×
  The court held that the district court did not err in denying a preliminary injunction, as the availability of post-discharge administrative review and the 'Honorable' discharge status mitigated potential irreparable harm.
• United States v. An Article of Drag Consisting of 47 Bottles
  320 F.2d 564· 3d Cir.· 1963-07-16 ·cited 42×
  Promotional literature shipped separately from a drug can constitute 'labeling' under the Federal Food, Drug, and Cosmetic Act if it supplements or explains the drug as part of an integrated distribution program, even if not physically attached or used during interstate transit.
• Murray Ferguson in Reorganization of Equitable Plan Co. v. Tabah
  288 F.2d 665· 2d Cir.· 1961-04-13 ·cited 42×
  The court held that the denial of a stay was not appealable, but the underlying issues were reviewable; the impounding of stock certificates and appointment of a receiver were affirmed due to evidence of corporate mismanagement and fraud.
• Roberts v. Corrine Brown
  43 So. 3d 673· Fla.· 2010-08-31 ·cited 41×
  The Florida Supreme Court held that it has exclusive jurisdiction over pre-election challenges to citizen-initiative constitutional amendments, and prohibited a circuit court from considering a declaratory action seeking to remove two proposed amendments from the ballot. The Cour
• Harty v. SRA/Palm Trails Plaza, LLC
  755 F. Supp. 2d 1215· S.D. Fla.· 2010-04-21 ·cited 41×
  The court granted in part and denied in part the plaintiff's motion to compel inspection, limiting the inspection to barriers previously alleged and denying inspection of vacant spaces.
• Morse v. Frederick
  551 U.S. 393· U.S.· 2007-06-25 ·cited 41×
  A public school may restrict student speech advocating illegal drug use, but this holding does not extend to speech commenting on political or social issues.
• Hollywood Lakes Section Civic Ass'n, Inc. v. City OF Hollywood
  676 So. 2d 500· Fla. 4th DCA· 1996-07-03 ·cited 41×
  The court held that a complaint challenging prior judgments was an impermissible collateral attack and untimely, but a challenge to a subsequent deed could proceed.
• Smith v. Crawford
  645 So. 2d 513· Fla. 1st DCA· 1994-10-26 ·cited 41×
  Jim Smith, Secretary of State and a candidate who withdrew from the gubernatorial race to become the Republican nominee for Commissioner of Agriculture, sought to participate in public campaign financing for his new race. The circuit court disqualified him from such financing and
• Akins v. Bd. OF Governors OF State Colleges & Univs.
  840 F.2d 1371· 7th Cir.· 1988-03-04 ·cited 41×
  The court held that the Eleventh Amendment bars damages claims against state officials in their official capacities, and qualified immunity bars damages claims against them in their individual capacities, but injunctive relief claims against them in their official capacities are
• Tucker v. Phyfer
  819 F.2d 1030· 11th Cir.· 1987-06-22 ·cited 41×
• Fla. Businessmen FOR Free Enter. v. The City OF Hollywood
  673 F.2d 1213· 11th Cir.· 1982-04-23 ·cited 41×
  The court held that Florida's drug paraphernalia laws and Hollywood's ordinance are neither unconstitutionally vague nor overbroad, and dissolved all injunctions.
• Gould v. Control Laser Corp.
  650 F.2d 617· 5th Cir.· 1981-07-13 ·cited 41×
  The court held that summary judgment orders are not appealable as interlocutory orders denying injunctions unless the appellant demonstrates a substantial threat of irreparable injury and that the order can only be effectually challenged by immediate appeal.
• Morial v. Judiciary Comm'n OF the State OF La.
  565 F.2d 295· 5th Cir.· 1977-12-13 ·cited 41×
  The court held that the classifications made by the Louisiana statute and Canon, which treat judges differently when running for non-judicial office compared to other office holders, violate the Equal Protection Clause of the Fourteenth Amendment.
• Jordan Chapel Freewill Baptist Church v. Dade Cnty.
  334 So. 2d 661· Fla. 3d DCA· 1976-06-22 ·cited 41×
  Jordan Chapel Freewill Baptist Church and thirty-six other organizations challenged Dade County Ordinance No. 75-50, which regulated bingo games operated by charitable organizations. The trial court denied their request for a permanent injunction, upholding the ordinance as a val
• Buchanan v. United States Postal Serv.
  508 F.2d 259· 5th Cir.· 1975-02-19 ·cited 41×
  The court held that the Postal Service's consolidation of district offices was not a "change in the nature of postal services" requiring submission to the Postal Rate Commission, but affirmed the preliminary injunction for the Retail Analysis Program (RAP) due to factual disputes
• Pushkin v. Lombard
  279 So. 2d 79· Fla. 3d DCA· 1973-05-15 ·cited 41×
  Members of the Florida Board of Optometry appeal a declaratory judgment that construed statutory provisions governing unprofessional conduct by optometrists. The appellate court reversed, holding that the trial court lacked subject matter jurisdiction because the optometrists fai
• Becker v. Thompson
  459 F.2d 919· 5th Cir.· 1972-05-03 ·cited 41×
  The concurring opinion argues that the majority's broad interpretation of Younger v. Harris is unnecessary and incorrect given the facts, and that federal intervention is not justified without a pending state prosecution or allegations of bad faith harassment.
• Conn. Gen. Life Ins. Co. & United Aircraft Corp. v. Craton
  405 F.2d 41· 5th Cir.· 1968-12-06 ·cited 41×
  The court held that the Mutual Benefit Fund was not a 'union welfare plan' or 'employee benefit plan' as contemplated by the insurance policy's coordination of benefits clause, and therefore, deductions from employee benefits were wrongful.
• Miller v. Gulf Life Ins. Co.
  148 Fla. 1· Fla.· 1941-07-22 ·cited 41×
  The court held that the trial court properly granted interpleader and issued injunctive relief to prevent multiple suits against the insurer, and that allowing attorney's fees for the insurer was also proper.
• Marcelino L. Alvarez, M.D. v. Susan M. Rendon, M.D.
  953 So. 2d 702· Fla. 5th DCA· 2007-04-05 ·cited 40×
  Dr. Alvarez appeals a judgment awarding PML $602,970.48 after a jury found he breached a non-compete agreement despite also finding he was wrongfully terminated. The court reverses, holding the verdict is legally inconsistent because the non-compete was conditioned on PML properl
• Demby v. English
  667 So. 2d 350· Fla. 1st DCA· 1995-10-27 ·cited 40×
  Dr. Barbara Demby appealed the denial of her request for attorney fees under Florida Statute § 57.105 following dismissal of a defamation action filed against her by Catherine English, Director of Leon County Animal Control. The court reversed, finding the defamation complaint wa
• K-Mart Corp. v. Oriental Plaza, Inc.
  875 F.2d 907· 1st Cir.· 1989-05-10 ·cited 40×
  The court held that the landlord's construction of retail buildings in violation of the lease constituted a breach, and that injunctive relief was appropriate due to irreparable harm to the tenant's goodwill and property rights.
• Nat'l Mar. Union OF Am., AFL-CIO v. Commander
  824 F.2d 1228· D.C. Cir.· 1987-07-31 ·cited 40×
  The court held that the unions lack standing to challenge the contract award under the Service Contract Act because their alleged injury (job loss) is not traceable to the Act's violation. However, the unions do have standing to challenge the denial of administrative appeals and
• United States v. Athlone Indus., Inc.
  746 F.2d 977· 3d Cir.· 1984-10-23 ·cited 40×
  The court held that a prior judgment in an "imminent hazard" suit under section 12 of the Consumer Product Safety Act does not have a res judicata effect on a subsequent civil penalty suit under sections 15 and 20 of the Act.
• Roche Prods., Inc. v. Bolar Pharm. Co., Inc.
  733 F.2d 858· Fed. Cir.· 1984-04-23 ·cited 40×
  The court held that using a patented drug for federally mandated premarketing tests during the patent's term constitutes patent infringement, rejecting the experimental use exception for commercial purposes.
• Smith v. Honorable Max E. Bacon
  699 F.2d 434· 8th Cir.· 1983-02-10 ·cited 40×
  The court held that while judges are immune from suit and equitable relief is inappropriate, public defenders may be sued under § 1983 if they conspire with judges, and the allegations here were sufficient to allow the suit to proceed.
• The Casbah, Inc. v. Thone
  651 F.2d 551· 8th Cir.· 1981-06-08 ·cited 40×
  The court held that Nebraska Legislative Bill 991, prohibiting drug paraphernalia, is constitutional as written and construed, rejecting claims of vagueness, overbreadth, and violations of first and fourth amendment rights.
• Drayden v. Needville Indep. Sch. Dist.
  642 F.2d 129· 5th Cir.· 1981-04-08 ·cited 40×
  The court held that the § 1985 claim was barred by the statute of limitations and that a private right of action under Title VI does not permit recovery of backpay or other losses, rendering the claim for injunctive relief moot.
• Momcilo Velickovich and Zorica Velickovich v. Ricci
  391 So. 2d 258· Fla. 4th DCA· 1980-11-26 ·cited 40×
  Landowners appealed a mandatory injunction requiring removal of a concrete block wall built in violation of a deed restriction. The court affirmed, holding that injunctive relief is the proper remedy for violations of restrictive covenants affecting real property because money da
• Burkart Randall Div. OF Textron, Inc. v. Marshall
  625 F.2d 1313· 7th Cir.· 1980-05-27 ·cited 40×
• Jones v. Califano
  576 F.2d 12· 2d Cir.· 1978-04-14 ·cited 40×
  The court held that the exhaustion requirement of 42 U.S.C. § 405(g) was constructively waived by the Secretary's actions, granting the District Court subject-matter jurisdiction to review the method of calculating retroactive SSI benefits.
• Imperial Point Colonnades Condo., Inc. v. Mangurian
  549 F.2d 1029· 5th Cir.· 1977-04-04 ·cited 40×
  The court held that a cause of action under the antitrust laws accrues each time a defendant commits an act that injures the plaintiff, including the continued enforcement of or collection of benefits under an allegedly unlawful contract within the limitations period.
• Litton Sys., Inc. v. Sw. Bell Tel. Co.
  539 F.2d 418· 5th Cir.· 1976-09-23 ·cited 40×
  The court held that a stay pending reference to state regulatory agencies was an abuse of discretion and reversed the district court's order, finding that prior reference would not materially aid in resolving the state action immunity defense.