Injunctive Relief

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

• Peoples GAS v. United States Postal Serv.
  658 F.2d 1182· 7th Cir.· 1981-08-18 ·cited 38×
  The court held that Postal Service procurement decisions are subject to judicial review and that Peoples Gas had standing to challenge the decision. However, the court reversed the preliminary injunction, finding the district court erred in its application of standing principles.
• United States v. City OF Philadelphia
  644 F.2d 187· 3d Cir.· 1980-12-29 ·cited 38×
  The dissenting judge argues that the case warrants en banc review because the panel decision conflicts with prior circuit precedent and Supreme Court authority regarding the Attorney General's authority to bring suit and the pleading standards applicable to the government. The di
• Ciudadanos Unidos DE SAN Juan v. Hidalgo Cnty. Grand Jury Comm'rs
  622 F.2d 807· 5th Cir.· 1980-07-31 ·cited 38×
  The court held that plaintiffs alleging systematic exclusion from grand jury service based on identifiable characteristics have presented a justiciable controversy appropriate for federal court resolution.
• United Steelworkers OF Am., AFL-CIO v. Fort Pitt Steel Casting
  598 F.2d 1273· 3d Cir.· 1979-04-30 ·cited 38×
  The court held that the Boys Markets exception to the Norris-LaGuardia Act allowed injunctions to preserve the arbitral process, even against employers, and that continuing premium payments during plant wind-down was necessary to maintain the status quo for arbitration.
• New York v. Cathedral Acad.
  434 U.S. 125· U.S.· 1977-12-06 ·cited 38×
• Khalieb McKINNON v. Patterson
  568 F.2d 930· 2d Cir.· 1977-09-15 ·cited 38×
  The court held that while prisoners are entitled to due process before being placed in keeplock, damages and expungement were not warranted, and the notice requirement applies to keeplock.
• NEW York Stock Exch., Inc. v. Bloom
  562 F.2d 736· D.C. Cir.· 1977-07-19 ·cited 38×
• Meltzer v. Bd. OF Pub. Instruction OF Orange Cnty.
  548 F.2d 559· 5th Cir.· 1977-03-11 ·cited 38×
  The court held that the school board's guidelines permitting the deposit of religious literature for student pickup were unconstitutional.
• Nevin Mawhinney v. Henderson
  542 F.2d 1· 2d Cir.· 1976-08-30 ·cited 38×
  The court held that the dismissal of the pro se prisoner's civil rights complaint was premature, and the case should be remanded for further factual development and consideration of each claim.
• United States v. The Int'l Union OF Elevator Constructors
  538 F.2d 1012· 3d Cir.· 1976-07-21 ·cited 38×
  The court held that statistical evidence, bolstered by specific instances of discrimination and evidence of discriminatory hiring practices, was sufficient to establish a pattern or practice of discrimination under Title VII, and that the district court's remedial order, includin
• Taylor v. Perini
  503 F.2d 899· 6th Cir.· 1974-10-03 ·cited 38×
  The court held that the Eleventh Amendment bars suits against the State and its superintendent, and that the Attorney General cannot waive sovereign immunity. Personal liability for the superintendent requires a finding of bad faith.
• Philip B. Lindy t/a Fountain View Apts. v. Lynn
  501 F.2d 1367· 3d Cir.· 1974-07-15 ·cited 38×
  The court held that the district court lacked subject matter jurisdiction over the plaintiff's claims.
• Monongahela Power Co. v. Local NO. 2332 Int'l Bhd. OF Elec. Workers
  484 F.2d 1209· 4th Cir.· 1973-10-02 ·cited 38×
  The court held that the Boys Markets exception to the Norris-LaGuardia Act applies, allowing injunctive relief to enforce arbitration of a work stoppage that violates a no-strike clause in a collective bargaining agreement.
• Snider v. ALL State Administrators, Inc.
  481 F.2d 387· 5th Cir.· 1973-07-03 ·cited 38×
  Federal district court jurisdiction under Section 302(e) of the Labor Management Relations Act is limited to restraining future violations of the statute, and does not extend to granting relief such as accounting or removal of trustees. The exercise of pendent jurisdiction over s
• Nolan v. Fitzpatrick
  451 F.2d 545· 1st Cir.· 1971-11-04 ·cited 38×
  Prisoners retain a First Amendment right to send letters to the news media concerning prison matters, and a total ban on such correspondence is unconstitutional.
• Caulder v. Durham Hous. Auth.
  433 F.2d 998· 4th Cir.· 1970-11-06 ·cited 38×
  A tenant in federally assisted public housing is entitled to due process protections, including adequate notice and a meaningful hearing, before termination of her lease.
• United States v. Dillon Supply Co.
  429 F.2d 800· 4th Cir.· 1970-07-08 ·cited 38×
  The court held that the district court erred in interpreting Title VII too restrictively by limiting its scope to only present acts of discrimination, thus requiring reversal and remand.
• Perryton Wholesale, Inc. v. Pioneer Distrib. Co. OF Kan., Inc.
  353 F.2d 618· 10th Cir.· 1965-11-09 ·cited 38×
  The court held that a conspiracy to solicit and use a competitor's employees to acquire its business, thereby eliminating the competitor, violates the Sherman Act, and that all damages, local and interstate, arising from such a violation are recoverable.
• Lone Star Cement Corp. v. The Fed. Trade Comm'n
  339 F.2d 505· 9th Cir.· 1964-12-08 ·cited 38×
  The court held that the district court did not abuse its discretion in denying injunctive and declaratory relief prior to the exhaustion of administrative remedies, as the jurisdictional question was not free from doubt and the potential injury did not constitute irreparable harm
• Kelley v. Bd. OF Educ. OF The City OF Nashville
  270 F.2d 209· 6th Cir.· 1959-06-17 ·cited 38×
  The court held that the district court did not err in approving a gradual, year-by-year desegregation plan for Nashville's public schools, finding it a prompt and reasonable start given the complexities.
• Rubinstein v. Brownell
  206 F.2d 449· D.C. Cir.· 1953-06-11 ·cited 38×
  The majority opinion holds that the Attorney General lacks the authority to arrest an alien while judicial review of a deportation order is pending, and that such an arrest would be an abuse of discretion.
• Mishawaka Rubber & Woolen MFG. Co. v. S. S. Kresge Co.
  119 F.2d 316· 6th Cir.· 1941-04-18 ·cited 38×
  The court held that while some of the appellee's heels infringed the appellant's trademark, the injunction and accounting granted by the lower court were appropriately limited, and the appellant failed to prove entitlement to broader relief.
• Peter Letterese & Assocs., Inc. v. World Inst. OF Scientology Enters.
  533 F.3d 1287· 11th Cir.· 2008-07-08 ·cited 37×
  Peter Letterese & Associates, Inc. acquired exclusive rights to Les Dane's book "Big League Sales Closing Techniques" in 1993 and sued three Scientology-affiliated entities for copyright infringement based on their incorporation of the book's content into instructional courses. T
• Campus Commc'ns, Inc. v. Earnhardt
  821 So. 2d 388· Fla. 5th DCA· 2002-07-12 ·cited 37×
  Campus Communications appealed a trial court judgment upholding Florida Statute Section 406.135, which exempts autopsy photographs from public disclosure under the Public Records Act. The court affirmed the statute's constitutionality, its retroactive application, and the denial
• Bruckner v. City OF Dania Beach
  823 So. 2d 167· Fla. 4th DCA· 2002-07-03 ·cited 37×
  Bruckner challenged a city's closed-door commission meeting where officials discussed settlement options in litigation, arguing it violated Florida's Government-in-the Sunshine Law. The court affirmed summary judgment for the City, holding that the closed meeting fell within the
• Fla. Dep't OF Agric. & Consumer Servs. & Bob Crawford v. City OF Pompano Beach
  792 So. 2d 539· Fla. 4th DCA· 2001-07-11 ·cited 37×
  The Florida Department of Agriculture appeals a circuit court injunction preventing destruction of healthy citrus trees within 1900 feet of infected trees under the state's citrus canker eradication program. The appellate court reverses, holding that property owners must exhaust
• Tierney v. City OF Toledo
  824 F.2d 1497· 6th Cir.· 1987-07-27 ·cited 37×
  A union's agency shop plan must provide constitutionally adequate procedures before non-members can be compelled to pay service fees, including advance reduction of potentially ideological expenses and an impartial arbitration process.
• Religious Tech. Ctr. & Church of Scientology Int'l, Inc. v. Wollersheim
  796 F.2d 1076· 9th Cir.· 1986-08-08 ·cited 37×
  Injunctive relief is not available to a private plaintiff in a civil RICO action, and sacred scriptures do not meet the definition of a trade secret under California law.
• Penland v. Warren Cnty. Jail
  759 F.2d 524· 6th Cir.· 1985-04-10 ·cited 37×
  The court held that a post-judgment motion for attorney's fees tolled the time for filing a notice of appeal and that the petition for leave to appeal was timely filed. The court also established standards for granting petitions for leave to appeal under 28 U.S.C. § 636(c)(5).
• Stop H-3 Ass'n v. Dole
  740 F.2d 1442· 9th Cir.· 1984-08-21 ·cited 37×
  The court held that the 'No Build' alternative, in the context of sections 138 and 303, refers to alternative routes for a chosen project, not the complete rejection of the project itself.
• Marable v. Walker
  704 F.2d 1219· 11th Cir.· 1983-05-09 ·cited 37×
  The court held that the district court erred in applying a statutory maximum to punitive damages, denying an evidentiary hearing for attorney's fees, and issuing an inadequate injunction.
• Seminole Tribe OF Florida v. Butterworth
  658 F.2d 310· 5th Cir.· 1981-10-05 ·cited 37×
• Dep't OF Transp. v. Burnette
  384 So. 2d 916· Fla. 1st DCA· 1980-06-11 ·cited 37×
  The Department of Transportation appeals from an injunction requiring it to either condemn Burnette's 100-acre property or cease diverting water onto it. The court affirms the injunction against continued water diversion but reverses the finding of a constitutional taking, holdin
• Exxon Corp. v. Fed. Trade Comm'n
  589 F.2d 582· D.C. Cir.· 1978-10-19 ·cited 37×
  The court held that the FTC is not required to provide advance notice to parties before disclosing their trade secrets to Congress, nor must it obtain assurances of confidentiality from Congress, but it must verify that requests for such secrets come from authorized congressional
• Sec. & Exch. Comm'n v. Coven
  581 F.2d 1020· 2d Cir.· 1978-06-02 ·cited 37×
  The court held that liability for aiding and abetting violations of Section 17(a) of the 1933 Act in an SEC enforcement action can be based on negligent conduct, not requiring scienter. However, the court reversed findings of aiding and abetting for improper trading and failure t
• Mims v. Wilson
  514 F.2d 106· 5th Cir.· 1975-06-04 ·cited 37×
  The court vacated and remanded the final judgment due to its confusing and unclear nature, preventing effective review and necessitating clarification of relief granted.
• Hoitt v. Vitek
  497 F.2d 598· 1st Cir.· 1974-05-16 ·cited 37×
  The court held that while indefinite lockups may violate constitutional rights, the warden's good-faith belief in an emergency, coupled with a lack of clear legal standards for such situations, justified dismissal of the prisoners' damage claims.
• Boles v. Greeneville Hous. Auth.
  468 F.2d 476· 6th Cir.· 1972-10-18 ·cited 37×
  The court held that the Department of Housing and Urban Development (HUD) is an indispensable party to the action, requiring dismissal of the appeal without prejudice to allow joinder.
• Assmann v. Fleming
  159 F.2d 332· 8th Cir.· 1947-01-29 ·cited 37×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the consent judgment, as the defendant failed to prove fraud or misrepresentation by clear and convincing evidence.
• Anderson v. Wilco Life Ins. Co.
  943 F.3d 917· 11th Cir.· 2019-11-22 ·cited 36×
  The Eleventh Circuit held that the face value of life insurance policies is includable in the amount in controversy when plaintiffs seek to reinstate lapsed policies, thus meeting the Class Action Fairness Act's $5 million threshold.
• FOX v. Madsen
  12 So. 3d 1261· Fla. 4th DCA· 2009-07-01 ·cited 36×
  Fox homeowners appealed a mandatory injunction requiring removal of their driveway that violated restrictive covenants in their subdivision. The court affirmed, holding that the five-year statute of limitations for injunctive actions applied rather than the one-year limitations p
• Davis v. Powertel, Inc.
  776 So. 2d 971· Fla. 1st DCA· 2000-12-29 ·cited 36×
  The court reversed the trial court's dismissal of a class action against Powertel for selling cellular phones programmed to work only with Powertel's service without disclosure. The court held that class actions under Florida's Deceptive and Unfair Trade Practices Act do not requ
• Terence D. Hughey v. JMS Dev. Corp.
  78 F.3d 1523· 11th Cir.· 1996-04-01 ·cited 36×
  The Eleventh Circuit reversed the district court's finding of liability under the Clean Water Act, dissolved the permanent injunction, and vacated the civil penalties and attorney fees. The court held that the "zero discharge" standard of the Act does not apply when compliance is
• Nat'l Private Truck Council, Inc. v. Okla. Tax Comm'n
  515 U.S. 582· U.S.· 1995-06-19 ·cited 36×
• White v. Metro. Dade Cnty.
  563 So. 2d 117· Fla. 3d DCA· 1990-05-22 ·cited 36×
  Residents and heirs of the original grantors challenged Dade County's construction of the Lipton International Tennis Center at Crandon Park, arguing it violated a 1940 deed restriction limiting the land to "public park purposes only." The Third District reversed the trial court
• Rogers v. Scurr
  676 F.2d 1211· 8th Cir.· 1982-05-05 ·cited 36×
  The court held that prison officials are entitled to broad discretion in matters of prison security and administration, and injunctions should not be imposed without a clear showing of constitutional deprivation or a real and immediate threat thereof.
• Stevens v. Heard
  674 F.2d 320· 5th Cir.· 1982-04-23 ·cited 36×
  The court held that a Certificate of Probable Cause, timely received by the clerk but not filed within 30 days, could suffice as a notice of appeal if it clearly evinced intent to appeal, allowing the court to reach the merits. It also held that claims challenging the fact or len
• Lubbock Civil Liberties Union v. Lubbock Indep. Sch. Dist.
  669 F.2d 1038· 5th Cir.· 1982-03-11 ·cited 36×
  The court held that allowing voluntary student religious meetings before or after school hours, under the guise of a public forum or secular purpose, violates the Establishment Clause due to impermissible advancement of religion and entanglement with religious activities.
• DOE v. Gallinot
  657 F.2d 1017· 9th Cir.· 1981-09-10 ·cited 36×
  The court held that the Lanterman-Petris-Short Act's provisions allowing 14-day involuntary commitment without a mandatory probable cause hearing violate the due process clause of the Fourteenth Amendment. The court also affirmed the district court's injunctive relief.
• Northlake Cmty. Hosp. v. The United States
  654 F.2d 1234· 7th Cir.· 1981-07-21 ·cited 36×
  The court held that the district court correctly dismissed the hospital's complaint for lack of subject matter jurisdiction and failure to state a claim, as the hospital did not present colorable constitutional claims warranting waiver of administrative exhaustion requirements.