Injunctive Relief

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

• Sierra Club v. Env't Prot. Agency
  540 F.2d 1114· D.C. Cir.· 1976-08-02 ·cited 40×
  The court held that the Clean Air Act requires the prevention of significant deterioration of air quality, affirming the EPA's regulations designed to achieve this. The court found the regulations to be rationally based, within the Administrator's authority, and constitutional.
• Diversified Mortg. Invs. v. U. S. Life Title Ins. Co. OF NEW York
  544 F.2d 571· 2d Cir.· 1976-06-30 ·cited 40×
  A preliminary injunction should not rewrite a contract or grant final relief, and requires a showing of irreparable harm causally related to the enjoined conduct.
• Shakman v. Democratic Org. OF Cook Cnty.
  533 F.2d 344· 7th Cir.· 1976-04-09 ·cited 40×
  The court held that the district court properly found the City of Chicago and Michael Cardilli in civil contempt for violating an injunction prohibiting political coercion of government employees, as the contempt proceedings were remedial and aimed at future compliance.
• United States Steel Corp. v. United Mine Workers OF Am.
  534 F.2d 1063· 3d Cir.· 1976-03-16 ·cited 40×
  A preliminary injunction should not have been issued against the district and international unions as there was no evidence they ordered, approved, or condoned the local union's work stoppages.
• The Quechan Tribe OF Indians v. Rowe
  531 F.2d 408· 9th Cir.· 1976-02-02 ·cited 40×
  An officer acting in good faith to enforce a federal law he has authority to enforce is immune from state criminal prosecution, and his actions were not so outrageous as to be beyond his authority.
• Knell v. Bensinger
  522 F.2d 720· 7th Cir.· 1975-09-26 ·cited 40×
  The court held that prison administrators are entitled to qualified immunity from damages if they acted with a reasonable good faith belief that their actions did not violate clearly established constitutional rights, even if those actions later proved to be unlawful.
• Cincinnati Elecs. Corp. v. Kleppe
  509 F.2d 1080· 6th Cir.· 1975-01-31 ·cited 40×
  A disappointed bidder has standing to challenge a government contract award if they allege injury in fact and the challenged action falls within the zone of interests protected by the relevant statute, particularly when the protest concerns adherence to regulations implementing a
• Irwin Popkin v. Warner B. Bishop
  464 F.2d 714· 2d Cir.· 1972-06-29 ·cited 40×
  A shareholder's claim under Rule 10b-5 for injunctive relief based on unfair merger exchange ratios must fail if there was full and fair disclosure of all material facts, even if the minority shareholders were powerless to prevent the merger.
• Zimmerman v. The United States Gov't
  422 F.2d 326· 3d Cir.· 1970-02-19 ·cited 40×
  The district court correctly dismissed the action for want of jurisdiction because 28 U.S.C. § 1498 provides the exclusive remedy for government employees seeking rights in inventions made during employment, which must be brought in the Court of Claims.
• Griggs v. Duke Power Co.
  420 F.2d 1225· 4th Cir.· 1970-01-09 ·cited 40×
  The court held that Title VII of the Civil Rights Act of 1964 does not preclude relief for the present and continuing effects of past discrimination, and that while educational and testing requirements may be valid if they serve a genuine business purpose, they cannot be used to
• United States v. Atkins
  323 F.2d 733· 5th Cir.· 1963-10-03 ·cited 40×
• Goldberg v. Cockrell
  303 F.2d 811· 5th Cir.· 1962-06-22 ·cited 40×
  The court held that the district court abused its discretion by not issuing an injunction against employers who repeatedly violated the Fair Labor Standards Act, despite acknowledging the violations.
• Chicago v. Switchmen's Union OF N. Am.
  292 F.2d 61· 2d Cir.· 1961-06-09 ·cited 40×
  The court held that the district court lacked jurisdiction to issue an anti-strike injunction based on the union's alleged lack of good faith bargaining, as the record did not demonstrate a clear violation of the Railway Labor Act sufficient to overcome the Norris-LaGuardia Act's
• Lawlor v. Nat'l Screen Serv. Corp.
  270 F.2d 146· 3d Cir.· 1959-08-27 ·cited 40×
  The court held that the exclusive licenses granted to National Screen were not per se violations of antitrust laws and that the plaintiffs failed to prove damages or a conspiracy among the defendants.
• Avery v. Wichita Falls Indep. Sch. Dist.
  241 F.2d 230· 5th Cir.· 1957-01-09 ·cited 40×
  The court held that the district court erred in dismissing the complaint as moot, as the voluntary cessation of unlawful conduct does not automatically render a case moot, especially when good faith compliance is disputed.
• Pang-Tsu MOW v. Republic OF China (two cases)
  201 F.2d 195· D.C. Cir.· 1952-11-20 ·cited 40×
  The court held that the order granting the preliminary injunction is appealable and affirmed, while orders denying a motion to dismiss and continuing a custodian are not appealable. Default judgment against one defendant is also not appealable yet.
• Egan v. The City of Miami
  130 Fla. 465· Fla.· 1938-01-05 ·cited 40×
  E. L. Egan and other operators of tourist camps challenged Miami's Ordinance 1617 regulating tourist camps, tent cities, and trailer parks, arguing the city lacked authority and the ordinance was unconstitutional. The Florida Supreme Court affirmed the dismissal of their complain
• Duty Free Americas, Inc. v. The ESTÉE Lauder Cos., Inc.
  797 F.3d 1248· 11th Cir.· 2015-08-07 ·cited 39×
  Duty Free Americas, Inc. (DFA) appealed the district court's dismissal of its multi-count suit against The Estée Lauder Companies, Inc. for alleged violations of federal antitrust law, the Lanham Act, and Florida tort law. DFA claimed that Estée Lauder's refusal to do business wi
• City OF Parker v. State
  992 So. 2d 171· Fla.· 2008-09-18 ·cited 39×
  The Florida Supreme Court addressed whether the City of Parker could issue tax-increment-financed bonds under the Community Redevelopment Act despite not levying ad valorem taxes itself. The Court reversed the trial court's judgment, holding that the Act does not require a munici
• United States v. Oakland Cannabis Buyers' Coop.
  532 U.S. 483· U.S.· 2001-05-14 ·cited 39×
  The appellate court affirmed the trial court's final judgment of foreclosure in favor of the sellers, finding that the buyers failed to take action to vacate the prior foreclosure sale or regain possession after the initial judgment was reversed and remanded.
• Weinstein v. Yoram Aisenberg
  758 So. 2d 705· Fla. 4th DCA· 2000-03-09 ·cited 39×
  A trial court cannot issue a temporary injunction to freeze assets in an action for conversion if the plaintiff has an adequate remedy at law, such as money damages.
• Fla. Fern Growers Ass'n, Inc. v. Concerned Citizens OF Putnam Cnty.
  616 So. 2d 562· Fla. 5th DCA· 1993-04-02 ·cited 39×
  Florida Fern Growers Association sued environmental activists for tortious interference with business relations and conspiracy, alleging the activists filed objections to water permits to drive the fern industry out of business. The trial court dismissed the complaint based on th
• The Firestone Tire & Rubber Co. v. Neusser
  810 F.2d 550· 6th Cir.· 1987-02-02 ·cited 39×
  The court held that the Akron municipal income tax ordinance is not preempted by ERISA because it is a neutral tax of general application, but reversed the award of attorney's fees to the defendant, finding an abuse of discretion.
• Glendale Fed. Sav. & Loan Ass'n: Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches: Naples Fed. Sav. & Loan Ass'n v. State
  485 So. 2d 1321· Fla. 1st DCA· 1986-03-13 ·cited 39×
  Financial institutions and insurance agents challenged the constitutionality of Florida Statutes section 626.988, which prohibits licensed insurance agents from engaging in insurance agency activities if associated with financial institutions. The trial court dismissed the compla
• In re the Complaint of Sedco, Inc. v. Petroleos Mexicanos Mexican Nat'l OIL Co.
  767 F.2d 1140· 5th Cir.· 1985-08-12 ·cited 39×
  The court held that an appeal from an order denying arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is appealable, and that the defendant did not waive its right to arbitration.
• K.D. Lewis Enters. Corp., Inc. v. Smith
  445 So. 2d 1032· Fla. 5th DCA· 1984-01-05 ·cited 39×
  K.D. Lewis Enterprises appealed from a judgment awarding compensatory and punitive damages to tenants for negligence based on alleged housing code violations. The court affirmed compensatory damages for two tenants but reversed punitive damages awards and directed judgment for th
• Capitol Industries-Emi, Inc. v. Bennett
  681 F.2d 1107· 9th Cir.· 1982-02-16 ·cited 39×
  The Anti-Injunction Act bars federal jurisdiction over Capitol's challenge to state tax assessment because California provides a plain, speedy, and efficient remedy. However, the Act does not bar EMI's challenge because it, as a non-taxpayer, lacks adequate state remedies.
• United States v. City OF Parma
  661 F.2d 562· 6th Cir.· 1981-10-14 ·cited 39×
  The court held that compelling a municipality to adopt a welcoming resolution and undertake a public advertising campaign to promote a particular racial attitude violates the First Amendment.
• Sannon v. United States
  631 F.2d 1247· 5th Cir.· 1980-12-04 ·cited 39×
  The court held that the district court exceeded its authority by mandating extensive publicity for new regulations beyond the Administrative Procedure Act, and that the case should be dismissed as moot because the named petitioners received the relief they sought and class-wide r
• Winpisinger v. Watson
  628 F.2d 133· D.C. Cir.· 1980-04-10 ·cited 39×
  The court held that the appellants lacked standing to bring the action and that prudential considerations also precluded the court from exercising jurisdiction.
• Plante v. Smathers
  372 So. 2d 933· Fla.· 1979-06-21 ·cited 39×
  The Florida Supreme Court held that Article II, Section 8 of the Florida Constitution (the 'Sunshine Amendment') requires all candidates for elected constitutional office to file full and public financial disclosure at the time they qualify, regardless of whether they qualify bef
• TWM Mfg. Co., Inc. v. Dura Corp.
  592 F.2d 346· 6th Cir.· 1979-02-16 ·cited 39×
  The court held that the district court erred in granting summary judgment based on laches and estoppel, as genuine disputes of material fact existed regarding the defendant's alleged egregious conduct and the plaintiff's actions.
• Peltier v. City OF Fargo
  533 F.2d 374· 8th Cir.· 1976-03-30 ·cited 39×
• Gray Line Motor Tours, Inc. v. City OF NEW Orleans
  498 F.2d 293· 5th Cir.· 1974-08-05 ·cited 39×
  The dissenting judge holds that the district court's order, which granted judgment on one claim and stayed another, was a final decision appealable under 28 U.S.C. § 1291.
• Eslinger v. Lovick Oliphant Thomas
  476 F.2d 225· 4th Cir.· 1973-03-28 ·cited 39×
  State legislators are immune from suit under the Speech or Debate Clause, and a clerk acted in good faith, precluding damages. However, a Senate resolution denying females the position of page solely based on sex violates the Equal Protection Clause.
• Luftig v. McNAMARA
  373 F.2d 664· D.C. Cir.· 1967-02-06 ·cited 39×
  The court held that a suit seeking to enjoin military deployment based on the alleged unconstitutionality of the war presents a non-justiciable political question and is an unconsented suit against the United States.
• Winston Research Corp. v. Minn. Mining & Mfg. Co.
  350 F.2d 134· 9th Cir.· 1965-07-09 ·cited 39×
  The court held that the district court properly defined Mincom's trade secrets as specific specifications, not general approaches, and that the injunction duration was appropriate, but certain provisions of the injunction were overly broad.
• Florida-Georgia Chem. Co., Inc. v. Nat'l Labs., Inc.
  153 So. 2d 752· Fla. 1st DCA· 1963-05-23 ·cited 39×
  Florida-Georgia Chemical Company challenged the dismissal of its third amended complaint alleging breach of an exclusive distribution agreement with National Laboratories. The court held that while indefinite-term exclusive agency contracts are terminable at will, a party can sti
• Lenroot v. Kemp
  153 F.2d 153· 5th Cir.· 1946-01-21 ·cited 39×
  The court held that a trial judge's belief in defendants' future compliance based solely on their reputation is insufficient grounds to deny an injunction against child labor violations under the Fair Labor Standards Act.
• Env't Servs., Inc. v. Carter
  9 So. 3d 1258· Fla. 5th DCA· 2009-04-24 ·cited 38×
  Environmental Services, Inc. appeals a trial court's partial denial of its application for temporary injunctive relief against three former employees and their new employer for violating non-compete, non-solicitation, and confidentiality agreements. The Fifth District affirms in
• United States v. Gilbert
  244 F.3d 888· 11th Cir.· 2001-03-16 ·cited 38×
  The United States appealed the district court's denial of its motion to force Michael Gilbert and his family to file third-party petitions under 18 U.S.C. § 1963(i) to reclaim their interests in a California limited partnership (LCP, Ltd.) that owned part of the Bell Gardens Bicy
• Parker v. Leon Cnty.
  627 So. 2d 476· Fla.· 1993-10-07 ·cited 38×
  The Florida Supreme Court held that landowner applicants retain the common law right to seek certiorari review in circuit court to challenge denials of development applications based on comprehensive plan inconsistency, despite the existence of section 163.3215, which provides a
• Bhd. OF Locomotive Eng'rs v. Burlington N. R.R. Co.
  838 F.2d 1087· 9th Cir.· 1988-02-11 ·cited 38×
  The court held that the railroad's mandatory urine and blood testing practice following an accident or operating rule violation is arguably permitted under the parties' implied agreement, making the dispute a minor one subject to the National Railway Adjustment Board.
• The Flying Tiger Line v. Teamsters Pension Tr. Fund OF Philadelphia & vicinity
  830 F.2d 1241· 3d Cir.· 1987-09-30 ·cited 38×
  A federal district court or arbitrator should resolve whether a corporate entity is an employer subject to MPPAA withdrawal liability, and the MPPAA's dispute resolution procedures, including arbitration, must be followed when the dispute concerns the 'evade or avoid' provision.
• Sims v. Jefferson Downs Racing Ass'n, Inc.
  778 F.2d 1068· 5th Cir.· 1985-12-18 ·cited 38×
  The court held that a private racetrack cannot unilaterally exclude a licensed permittee without following state racing commission rules and procedures, and that such exclusion may constitute state action actionable under § 1983 if state officials are involved. The court also rem
• City OF Jacksonville Beach v. Grubbs
  461 So. 2d 160· Fla. 1st DCA· 1984-12-03 ·cited 38×
  Jacksonville Beach denied a property owner's request to rezone vacant lots from single-family residential (R-1A) to duplex-allowing (R-2) use. The trial court granted injunctive relief based on the city's comprehensive plan and the property's highest and best use, but the appella
• Moore v. U.S. House OF Representatives
  733 F.2d 946· D.C. Cir.· 1984-05-04 ·cited 38×
  The court abstains from deciding the dispute because the plaintiffs lack standing, as it is an intragovernmental dispute not properly before the judicial branch.
• Jones v. Mabry
  723 F.2d 590· 8th Cir.· 1983-11-30 ·cited 38×
  The dissenting judge would dismiss the case as moot because the issues are no longer live due to new regulations and the removal of the challenged classification and restrictions.
• Fla. E. Coast Ry. Co. v. Metro. Dade Cnty.
  438 So. 2d 978· Fla. 3d DCA· 1983-10-11 ·cited 38×
  Two railroad companies appealed a summary judgment upholding Metropolitan Dade County ordinances that prohibit train horn blowing during nighttime hours at designated grade crossings. The appellate court reversed, finding genuine issues of material fact existed regarding the cons
• Mark N. Scheinberg, M.D. v. Smith
  659 F.2d 476· 5th Cir.· 1981-10-02 ·cited 38×
  The court held that Florida's statutory provision requiring parental consent or judicial authorization for a minor's abortion is unconstitutional because it does not adequately account for the minor's maturity. The court also held that the spousal notice provision is constitution