Injunctive Relief

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

• Louisville Area Inter-Faith Comm. FOR United Farm Workers v. Nottingham Liquors, Ltd.
  542 F.2d 652· 6th Cir.· 1976-09-29 ·cited 32×
• Rodgers v. United States Steel Corp.
  541 F.2d 365· 3d Cir.· 1976-07-28 ·cited 32×
  The court held that the district court's order approving a tender of back pay and solicitation of releases from class members is not an appealable order under either 28 U.S.C. § 1291 or § 1292(a)(1).
• Aqua BAR & Lounge, Inc. v. United States Dep't OF Treas. Internal Revenue Serv. & Joseph B. Saltz
  539 F.2d 935· 3d Cir.· 1976-07-07 ·cited 32×
  A taxpayer whose property has been seized and sold for non-payment of federal taxes may bring suit against the United States to quiet title, provided the taxpayer refrains from contesting the merits of the underlying tax assessment.
• Rev. Sharon L. Scarrella v. Midwest Federal Savings AND Loan
  536 F.2d 1207· 8th Cir.· 1976-06-08 ·cited 32×
  The court held that the appeals of Bullock and Brisson must be dismissed for failure to sign the notice of appeal, and Scarrella's appeal must be dismissed for lack of jurisdiction as the order was not final under Fed.R.Civ.P. 54(b) and did not contract the scope of injunctive re
• Diematic Mfg. Corp. v. Packaging Indus., Inc.
  516 F.2d 975· 2d Cir.· 1975-05-23 ·cited 32×
  The court held that an order denying a stay of a federal action pending arbitration is not appealable under 28 U.S.C. § 1292(a)(1) if the underlying action is primarily equitable in nature.
• Anonymous v. The Ass'n OF THE BAR OF the City OF NEW York & John G. Bonomi
  515 F.2d 427· 2d Cir.· 1975-04-03 ·cited 32×
  The court held that the Younger abstention doctrine applies to state attorney disciplinary proceedings, barring federal injunctive and declaratory relief.
• Howard Univ. v. Nat'l Collegiate Athletic Ass'n
  510 F.2d 213· D.C. Cir.· 1975-03-25 ·cited 32×
  The court held that the NCAA's actions constitute state action, subjecting it to constitutional scrutiny, and affirmed the district court's decision to uphold the five-year and 1.600 rules while striking down the foreign-student rule.
• League TO Save Lake Tahoe v. Tahoe Reg'l Planning Agency
  507 F.2d 517· 9th Cir.· 1974-11-22 ·cited 32×
  A federal court has original jurisdiction over a suit arising under a Congressionally sanctioned interstate compact because the compact is considered a law of the United States.
• Blue v. Craig
  505 F.2d 830· 4th Cir.· 1974-10-18 ·cited 32×
  The court held that Section 1983 provides a cause of action for deprivations of rights secured by federal laws, not just the Constitution, and that federal jurisdiction exists under Section 1343(3) and (4) for such claims, even if they involve welfare benefits.
• Schiaffo v. Helstoski
  492 F.2d 413· 3d Cir.· 1974-01-04 ·cited 32×
  The court held that the Speech or Debate Clause and the political question doctrine do not preclude judicial review of alleged abuses of the franking privilege, and that the plaintiff had standing to bring the suit.
• Nieves v. Oswald
  477 F.2d 1109· 2d Cir.· 1973-04-20 ·cited 32×
  The court held that the district court erred in denying the motion to convene a three-judge court, as the claims regarding prison disciplinary procedures implicated state-wide policy and raised substantial constitutional questions.
• The Honorable Parren J. Mitchell v. Laird
  488 F.2d 611· D.C. Cir.· 1973-03-20 ·cited 32×
  The court held that while members of Congress may have standing to sue regarding the war's constitutionality, the issue of whether the war's continuation requires Congressional approval is a non-justiciable political question.
• Women Strike for Peace v. Rogers C. B. Morton
  472 F.2d 1273· D.C. Cir.· 1972-07-14 ·cited 32×
  The court held that park regulations prohibiting display structures except for NPS events are unconstitutionally discriminatory and overbroad, but affirmed the denial of a permit for a display within the central circular area due to potential interference.
• Nazario Barela v. United Nuclear Corp.
  462 F.2d 149· 10th Cir.· 1972-06-09 ·cited 32×
  The court held that the filing procedure satisfied jurisdictional requisites and that the evidence supported the finding of unlawful employment discrimination. It also affirmed the striking of the class action due to insufficient evidence of a pervasive policy.
• Upper Pecos Ass'n v. Stans
  452 F.2d 1233· 10th Cir.· 1971-12-07 ·cited 32×
  The court held that environmental impact statements must be considered at every important stage of the decision-making process for major federal actions.
• Quarterman v. Byrd
  453 F.2d 54· 4th Cir.· 1971-11-26 ·cited 32×
  A school regulation prohibiting the distribution of printed material without prior permission is facially invalid if it lacks criteria for granting or denying permission and procedural safeguards for review.
• Bokulich v. Jury Comm'n of Greene Cnty.
  394 U.S. 97· U.S.· 1969-03-03 ·cited 32×
  The court held that the District Court did not abuse its discretion in refusing to enjoin criminal proceedings against the appellants, as they could raise jury composition objections in their defense.
• City OF Gainesville v. Bishop
  174 So. 2d 100· Fla. 1st DCA· 1965-04-13 ·cited 32×
  This case addresses whether the doctrine of equitable estoppel prevents a city from rescinding a building permit and rezoning property after the permit holder has relied on the city's initial authorization and incurred substantial expenses. The court affirmed that equitable estop
• Anderson v. City OF Albany
  321 F.2d 649· 5th Cir.· 1963-07-26 ·cited 32×
  The court held that the plaintiffs lacked standing to seek injunctive relief because they failed to prove their individual rights were denied, and the issues raised on appeal had become moot due to the repeal of segregation ordinances and other changed circumstances.
• Tribune Co. v. Approved Pers., Inc.
  115 So. 2d 170· Fla. 1st DCA· 1959-10-22 ·cited 32×
  Tribune Company appealed a trial court's denial of its motion to dismiss based on improper venue in a suit brought by Approved Personnel, Inc. in Leon County. The court held that Tribune's maintenance of a full-time news reporter in Leon County's state capitol building, regularly
• Edward B. Marks Music Corp. v. Charles K. Harris Music Publ'g Co., Inc.
  255 F.2d 518· 2d Cir.· 1958-05-16 ·cited 32×
  The court held that the 1916 conveyance did not transfer renewal rights, and plaintiff's subsequent agreement for renewal rights was valid. The court also held that plaintiff was not barred by laches from seeking further relief.
• The Upjohn Co. v. Schwartz
  246 F.2d 254· 2d Cir.· 1957-06-21 ·cited 32×
  The court held that defendant's actions constituted unfair competition by suggesting substitution, even without proof of actual palming-off, but reversed the trademark infringement finding for 'Syrocol' vs. 'Cheracol'.
• Colbert v. Brotherhood of Railroad Trainmen
  206 F.2d 9· 9th Cir.· 1953-07-13 ·cited 32×
  The court held that plaintiffs failed to demonstrate irreparable harm or inadequacy of legal remedy, and thus, injunctive relief was inappropriate before exhausting administrative remedies under the Railway Labor Act.
• Walling v. Nashville
  330 U.S. 158· U.S.· 1947-02-17 ·cited 32×
  Trainees for operational roles like firemen and brakemen are not employees under the Fair Labor Standards Act, and compliance with the Act for trainee clerks is affirmed.
• Bach v. Friden Calculating Mach. Co., Inc.
  155 F.2d 361· 6th Cir.· 1946-05-13 ·cited 32×
  The court held that while a valid contract may have existed, equity cannot grant specific performance or an injunction due to the indefinite and interdependent nature of the obligations requiring continuous court supervision.
• Speten v. Bowles
  146 F.2d 602· 8th Cir.· 1945-01-17 ·cited 32×
  The court held that farming is a trade or business under the Act and that civil penalties for statutory violations are constitutional. The case is remanded for a determination of damages under an amended statute.
• Lenroot v. Interstate Bakeries Corp.
  146 F.2d 325· 8th Cir.· 1945-01-02 ·cited 32×
  The court held that the district court erred in refusing to restrain child labor violations at the Kansas City plant, as continued violations despite policy statements warranted injunctive relief under the FLSA.
• Caterpillar Tractor Co. v. Int'l Harvester Co.
  120 F.2d 82· 3d Cir.· 1941-05-16 ·cited 32×
  A non-party who controls the defense of a lawsuit, even if secretly, is bound by the judgment if they have a proprietary or financial interest in the outcome. Appeals regarding issues not yet finally decided, such as the right to an accounting contingent on further defenses, are
• Nat'l Container Corp. v. State
  138 Fla. 32· Fla.· 1939-05-16 ·cited 32×
  This case involves a challenge to the City of Jacksonville's permit allowing National Container Corporation to drill artesian wells for a proposed wood pulp mill. The Florida Supreme Court affirmed that private citizens may maintain a suit in the name of the State to enjoin threa
• Clever Covers, Inc. v. Sw. Fla. Storm Def., LLC
  554 F. Supp. 2d 1303· M.D. Fla.· 2008-01-09 ·cited 31×
  The court granted Plaintiff's motion for default judgment against six defendants for copyright infringement, awarding monetary damages, attorney's fees, and injunctive relief.
• Alhambra Homeowners Ass'n, Inc. v. Adnan Asad
  943 So. 2d 316· Fla. 4th DCA· 2006-12-13 ·cited 31×
  The Fourth District Court of Appeal held that a defendant is entitled to recover attorney's fees under Florida's homeowners association statute as the prevailing party when a plaintiff voluntarily dismisses an action without prejudice, even if the plaintiff subsequently refiles a
• Hansen v. Deercreek Plaza, LLC
  420 F. Supp. 2d 1346· S.D. Fla.· 2006-03-21 ·cited 31×
  The court granted plaintiff's motion for attorneys' fees, litigation expenses, and costs, awarding a total of $11,232.06, based on the lodestar method and the terms of a consent decree.
• Am. Quick Sign, Inc. v. Reinhardt
  899 So. 2d 461· Fla. 5th DCA· 2005-04-08 ·cited 31×
  American Quick Sign appeals a declaratory judgment that the owners of the dominant parcel could erect and maintain a commercial sign within an easement area on Quick Sign's servient parcel. The court reversed, holding that only one easement existed—limited to ingress and egress—a
• Env't Confederation OF Sw. Fla., Inc. v. IMC Phosphates, Inc.
  857 So. 2d 207· Fla. 1st DCA· 2003-07-31 ·cited 31×
  The court held that environmental advocacy groups denied standing to initiate an administrative challenge to an environmental permit have standing to appeal that denial, because the deprivation of the right to initiate a proceeding constitutes an injury sufficient for judicial re
• Cardinal Inv. Grp., Inc. v. Giles
  813 So. 2d 262· Fla. 4th DCA· 2002-04-10 ·cited 31×
  Cardinal Investment Group appeals a mandatory injunction requiring it to install a new air-conditioning system in a building leased to gym operator Terry Giles. The Fourth District Court of Appeal reverses, holding that the trial court exceeded its authority by granting injunctiv
• Zorc v. City OF Vero Beach
  722 So. 2d 891· Fla. 4th DCA· 1998-12-02 ·cited 31×
  Frank Zorc appealed a summary judgment in favor of the City of Vero Beach regarding alleged Sunshine Law violations in three closed-door meetings held in 1995 concerning the City's litigation strategy in Piper Aircraft's bankruptcy proceedings. The appellate court reversed, findi
• COX v. Fla. Dep't of Health & Rehabilitative Servs.
  656 So. 2d 902· Fla.· 1995-04-27 ·cited 31×
  James W. Cox, a gay male, challenged Florida's statutory ban on homosexual adoption after being denied participation in pre-adoption parenting classes. The Florida Supreme Court approved the Second District Court of Appeal's reversal of a trial court judgment striking down the st
• Hirt v. Polk Cnty. Bd. OF Cnty. Comm'rs & Jack M. Watkins, Sr.
  578 So. 2d 415· Fla. 2d DCA· 1991-04-17 ·cited 31×
  Thomas Hirt challenged a Polk County zoning board's approval of a planned unit development on adjacent property via petition for certiorari. The trial court dismissed the petition, suggesting injunctive relief was the proper remedy. The appellate court reversed, holding that the
• Ragsdale v. Turnock
  841 F.2d 1358· 7th Cir.· 1988-03-10 ·cited 31×
  The dissenting judge argues that the majority incorrectly invalidated the Illinois Ambulatory Surgical Treatment Center Act (ASTCA) and related regulations, asserting that the state has the authority to regulate surgical procedures, including abortions, for patient safety and cos
• Kreager v. Glickman
  519 So. 2d 666· Fla. 4th DCA· 1988-01-20 ·cited 31×
  The appellate court affirmed the trial court's order granting injunctive relief, finding it reviewable as a non-final order granting an injunction, and that the trial court did not abuse its discretion.
• Greater LOS Angeles Council ON Deafness, Inc. v. Zolin
  812 F.2d 1103· 9th Cir.· 1987-03-11 ·cited 31×
  The court held that the individual defendants are not entitled to quasi-judicial or legislative immunity, and that the Eleventh Amendment does not bar the suit against them or the County for damages. However, the court affirmed the denial of injunctive relief due to lack of curre
• M.S. News Co. a Kan. Corp. v. Casado
  721 F.2d 1281· 10th Cir.· 1983-11-16 ·cited 31×
  The court held that the Wichita ordinance prohibiting the promotion of sexually oriented materials to minors is constitutional, rejecting claims of overbreadth, vagueness, equal protection violation, prior restraint, and Sixth Amendment jury trial infringement.
• U.S. Sw. Africa/Namibia Trade & Cultural Council v. United States
  708 F.2d 760· D.C. Cir.· 1983-05-27 ·cited 31×
  The court held that the advertising display areas within airport terminals are public forums, and the FAA's ban on political advertisements is an impermissible subject matter restriction.
• Hollywood, Inc. v. Broward Cnty.
  431 So. 2d 606· Fla. 4th DCA· 1983-03-23 ·cited 31×
  Hollywood, Inc. challenged a Broward County ordinance requiring developers to dedicate land or pay fees for county park expansion as a condition of plat approval. The Fourth District Court of Appeal upheld the ordinance, holding that charter counties possess broad home rule power
• Keller v. The Twenty-Four Collection, Inc.
  419 So. 2d 1048· Fla.· 1982-09-09 ·cited 31×
• Janowski v. Int'l Bhd. OF Teamsters Local NO. 710 Pension Fund
  673 F.2d 931· 7th Cir.· 1982-03-08 ·cited 31×
  The court held that the Plan's formula for calculating credits for part-time employees does not comply with Sec. 411(b)(3)(B) and that attorneys' fees should be reduced.
• Perfect FIT Indus., Inc. v. Acme Quilting Co., Inc.
  646 F.2d 800· 2d Cir.· 1981-04-13 ·cited 31×
  The court held that a district court has the equitable power to order a recall of infringing materials, and that a party cannot claim lack of notice of an order if they failed to take reasonable steps to inform themselves of its terms after knowing an order was entered.
• Mobil OIL Corp. v. Tully
  639 F.2d 912· 2d Cir.· 1981-01-28 ·cited 31×
  The court held that the preemption issue was within the exclusive jurisdiction of the Temporary Emergency Court of Appeals (TECA), while the Tax Injunction Act issue was properly before this court.
• Let's Help Florida v. McCRARY
  621 F.2d 195· 5th Cir.· 1980-07-11 ·cited 31×
  Florida statutes restricting the size of contributions to a single political committee in a referendum election violate the First Amendment rights of individuals who wish to contribute more than the statutory maximum.
• Universal Amusement Co., Inc. v. Hofheinz
  616 F.2d 202· 5th Cir.· 1980-05-01 ·cited 31×
  The court held that attorney's fees are awardable under 42 U.S.C. § 1988 to prevailing parties in civil rights actions, and that damages claims against certain city officials were barred by immunity.