Injunctive Relief

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

• Vaughn v. Vermilion Corp.
  444 U.S. 206· U.S.· 1979-12-04 ·cited 31×
  The dissenting justices would reverse the judgment of the Court of Appeal, finding the federal navigational servitude applies to artificial canals.
• Groos Nat'l Bank & Clinton Manges v. Comptroller OF the Currency
  573 F.2d 889· 5th Cir.· 1978-05-26 ·cited 31×
  The court held that the district court lacked jurisdiction to entertain a declaratory judgment action challenging the validity of a 1973 agreement between a bank and the Comptroller, as such actions are barred by 12 U.S.C. § 1818(i) except as provided within the administrative re
• S. Mut. Help Ass'n, Inc. v. Califano
  574 F.2d 518· D.C. Cir.· 1977-12-23 ·cited 31×
  The dissenting judge held that SMHA lacked standing because it failed to allege a specific, redressable injury, and even if it had standing, the court should defer to the Department's interpretation of its own regulations.
• Tri-Tron Int'l v. Velto
  525 F.2d 432· 9th Cir.· 1975-10-28 ·cited 31×
  The court held that a civil conspiracy claim cannot support an independent award of damages when all parties acted wrongfully in the same underlying act, and that damages for trade secret misappropriation were properly awarded.
• Diggs v. Shultz
  470 F.2d 461· D.C. Cir.· 1972-10-31 ·cited 31×
  The court held that Congress has the constitutional power to abrogate treaty obligations, and the Byrd Amendment was a clear expression of such intent, rendering the appellants' claim nonjusticiable.
• SCM Corp. v. Radio Corp. OF Am.
  407 F.2d 166· 2d Cir.· 1969-01-09 ·cited 31×
  The court held that a patentee seeking to maintain a system of non-exclusive licensing should not be forced to choose between terminating a licensee or assenting to their demands, and that RCA suffered sufficient injury to maintain its antitrust claim.
• Barnes v. Merritt
  376 F.2d 8· 5th Cir.· 1967-04-18 ·cited 31×
  The court held that a complaint alleging arbitrary denial of a liquor license due to a lack of ascertainable standards states a claim for relief under the Fourteenth Amendment.
• Staninger v. Jacksonville Expressway Auth.
  182 So. 2d 483· Fla. 1st DCA· 1966-02-10 ·cited 31×
  Landowners challenged a condemnation award for their property, arguing the trial court erred in allowing the jury to consider restrictive covenants on the land when determining compensation, in excluding expert testimony about removal costs, and in admitting prior purchase price
• Fla. Hotel & Rest. Comm'n & Richard Edgerton v. Marseilles Hotel Co.
  84 So. 2d 567· Fla.· 1956-01-04 ·cited 31×
  The Florida Supreme Court reversed a lower court order that denied dismissal of a hotel's complaint seeking to enjoin license revocation proceedings. The court held that neither injunctive relief nor declaratory relief was properly available under these circumstances, and that ad
• Covelli Fam., L.P. v. ABG5, L.L.C.
  977 So. 2d 749· Fla. 4th DCA· 2008-03-26 ·cited 30×
  A Florida appellate court affirmed a landlord's right to terminate a commercial lease after hurricane damage exceeded the 20% repair threshold, but reversed the award of double rent against the tenant who possessed the premises under a colorable claim of right during litigation.
• Ocean Commc'ns, Inc. v. Bubeck
  956 So. 2d 1222· Fla. 4th DCA· 2007-05-23 ·cited 30×
  Ocean Communications and Olympusat appealed a judgment denying restitution for breach of contract, arguing they were entitled to recover payments made to defendants despite an express contract existing. The court held that restitution is available as a remedy for breach of an exp
• Alachua Cnty. v. Scharps
  855 So. 2d 195· Fla. 1st DCA· 2003-09-12 ·cited 30×
  Alachua County challenges a trial court judgment invalidating a county resolution directing a referendum on universal healthcare to be placed on the November 2000 general election ballot. The appellate court reverses, holding that the plaintiff-appellee lacked standing to challen
• Palm Beach Cnty. Canvassing Bd. v. Harris
  772 So. 2d 1220· Fla.· 2000-11-21 ·cited 30×
  The Florida Supreme Court reversed trial court orders and held that county canvassing boards have authority to conduct manual recounts when there is an error in vote tabulation, and that the Secretary of State may not summarily reject amended returns submitted after the statutory
• Racetrac Petroleum, Inc. v. Delco OIL, Inc.
  721 So. 2d 376· Fla. 5th DCA· 1998-11-06 ·cited 30×
  RaceTrac appealed a trial court's temporary injunction prohibiting it from selling motor fuel below nonrefiner cost under Florida's Motor Fuel Marketing Practices Act. The court affirmed, holding that injury to a competitor alone constitutes injury to "competition" under the stat
• H.L. Hayden Co. OF NEW York, Inc. v. Siemens Med. Sys., Inc.
  879 F.2d 1005· 2d Cir.· 1989-06-12 ·cited 30×
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine issue of material fact regarding a conspiracy to violate antitrust laws, thus affirming the grant of summary judgment.
• Tri-State Generation & Transmission Ass'n, Inc. v. Shoshone River Power, Inc.
  874 F.2d 1346· 10th Cir.· 1989-05-05 ·cited 30×
  The court held that the contract contained an implied covenant for Shoshone to stay in business for the duration of the contract, so long as its members have a need for power, and that the district court's denial of a permanent injunction should be vacated and set aside.
• Rubie Rogers v. Okin
  821 F.2d 22· 1st Cir.· 1987-06-12 ·cited 30×
  The court held that plaintiffs were prevailing parties, but current hourly rates could not be used to compensate for delay due to Eleventh Amendment immunity; historical rates must be applied, and a deduction is made for duplicative fee litigation hours.
• Gorrie v. Bowen
  809 F.2d 508· 8th Cir.· 1987-01-16 ·cited 30×
  The court should interpret 42 U.S.C. § 602(a)(38) to avoid conflict with other statutes and regulations, and to prevent harsh effects on recipients.
• B & B Chem. Co., Inc. v. United States Env't Prot. Agency
  806 F.2d 987· 11th Cir.· 1986-12-22 ·cited 30×
  The court held that B&B's appeal is moot because the administrative warrant has been executed, and no exceptions to the mootness doctrine apply.
• Ciba-Geigy Corp. v. U.S. Env't Prot. Agency
  801 F.2d 430· D.C. Cir.· 1986-09-02 ·cited 30×
  The court held that Ciba-Geigy's claim challenging EPA's interpretation of FIFRA procedures for requiring labeling changes was ripe for judicial review.
• Bhd. OF Locomotive Eng'rs v. Boston & Me. Corp.
  788 F.2d 794· 1st Cir.· 1986-04-09 ·cited 30×
  The court held that the district court correctly dismissed the claim regarding the EDCO/COED route and Concord switching assignment for lack of jurisdiction, as it constituted a collateral attack on an ICC order exempting the transaction from RLA requirements.
• Cable Holdings OF Battlefield, Inc. v. Cooke
  764 F.2d 1466· 11th Cir.· 1985-07-09 ·cited 30×
  The court held that it had jurisdiction to review the interlocutory order under 28 U.S.C. § 1292(a)(1) and exercised pendent jurisdiction over related summary judgment issues. The grant of partial summary judgment and dissolution of a preliminary restraint were vacated, while the
• Everette Shrader v. White
  761 F.2d 975· 4th Cir.· 1985-05-09 ·cited 30×
  The court held that the magistrate clearly erred in finding no pervasive risk of harm, significant mental pain, or unnecessary infliction of pain, and that the evidence demonstrated a constitutional violation under the Eighth Amendment.
• Bender v. Southland Corp.
  749 F.2d 1205· 6th Cir.· 1984-12-07 ·cited 30×
  The court held that genuine issues of material fact exist regarding vertical price fixing, reversing summary judgment on that claim, but affirmed summary judgment on the tying arrangement and RICO claims.
• Brotherhood Railway Carmen OF the United States AND Canada v. Norfolk & W. Ry. Co.
  745 F.2d 370· 6th Cir.· 1984-10-04 ·cited 30×
  The court held that the railroad's discontinuation of 'checking in and out' pay was arguably sanctioned by the collective bargaining agreements, thus constituting a minor dispute within the exclusive jurisdiction of the National Railroad Adjustment Board, not a major dispute subj
• Sec. & Exch. Comm'n v. Materia
  745 F.2d 197· 2d Cir.· 1984-10-01 ·cited 30×
  A person who misappropriates material nonpublic information in breach of a fiduciary duty and trades on that information violates Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934.
• Bush v. Viterna
  740 F.2d 350· 5th Cir.· 1984-08-20 ·cited 30×
  The Association was properly denied intervention of right because its interests were adequately represented by the existing parties, and the district court did not abuse its discretion in denying permissive intervention.
• Cate v. Oldham
  450 So. 2d 224· Fla.· 1984-05-03 ·cited 30×
  The Florida Supreme Court held that state officials sued in their official capacity for negligence cannot maintain malicious prosecution actions against the plaintiffs who sued them. The court grounded this decision in both common law principles protecting the right to petition g
• Rohrer v. Perkins
  728 F.2d 860· 7th Cir.· 1984-02-16 ·cited 30×
  The court held that it lacked jurisdiction to hear an appeal from an order denying a motion to remand a case to state court.
• Henri's Food Prods. Co., Inc. v. Kraft, Inc.
  717 F.2d 352· 7th Cir.· 1983-08-26 ·cited 30×
  The court held that Henri's Yogowhip does not infringe Kraft's Miracle Whip trademark because there is no likelihood of confusion among consumers, and affirmed the district court's denial of injunctive relief and cancellation of trademark applications.
• Portsmouth Redev. & Hous. Auth. v. Pierce
  706 F.2d 471· 4th Cir.· 1983-04-27 ·cited 30×
  The court held that the district court lacked subject matter jurisdiction because the claim was essentially a contract dispute against the federal government for monetary relief exceeding $10,000, which falls exclusively under the Tucker Act's jurisdiction for the Claims Court.
• Armco, Inc. v. Armco Burglar Alarm Co., Inc.
  693 F.2d 1155· 5th Cir.· 1982-12-20 ·cited 30×
  The court held that the trial court's finding of likelihood of confusion was not clearly erroneous, but erred in its application of the laches defense by using an incorrect starting date for the delay.
• Gweldon Lee Paschall and All Intervenors v. The Kan. City Star Co.
  695 F.2d 322· 8th Cir.· 1982-12-20 ·cited 30×
  The court held that the newspaper's change to an agency distribution system, based on legitimate business justifications and producing no unreasonable anticompetitive effects, did not violate Section 2 of the Sherman Act.
• Harrison E. Salisbury v. United States
  690 F.2d 966· D.C. Cir.· 1982-09-21 ·cited 30×
  The court held that the NSA properly withheld documents under FOIA exemption 1 and that the district court did not err in dismissing the tort claim without presuming interception, given the assertion of the state secrets privilege.
• O'Neel v. Nat'l Ass'n OF Sec. Dealers, Inc.
  667 F.2d 804· 9th Cir.· 1982-02-08 ·cited 30×
  The court held that an individual registered with the NASD is bound by its arbitration rules, even after resignation, and that statute of limitations defenses are for the arbitrator to decide.
• The Permian Corp. & Occidental Petroleum Corp. v. United States
  665 F.2d 1214· D.C. Cir.· 1981-09-09 ·cited 30×
  The court held that Occidental waived the attorney-client privilege by disclosing documents to the SEC, but preserved the work product privilege due to an agreement to maintain confidentiality against third parties. The court rejected the 'limited waiver' theory.
• Stonecipher v. Bray
  653 F.2d 398· 9th Cir.· 1981-08-10 ·cited 30×
  The court held that the Anti-Injunction Act barred injunctive relief against the IRS, civil rights claims against both defendants failed for lack of racial discrimination or state action, and the breach of contract claim against the employer was without merit.
• Karen B. v. Treen
  653 F.2d 897· 5th Cir.· 1981-08-05 ·cited 30×
  A Louisiana statute and derivative school board regulations permitting student and teacher prayer in public schools violate the Establishment Clause of the First Amendment.
• Bulzan v. Atl. Richfield Co.
  620 F.2d 278· Temp. Emer. Ct. App.· 1980-04-07 ·cited 30×
  The entry of a remedial order by the Federal Energy Administration (FEA) or Department of Energy (DOE) does not preclude a complainant from instituting a private action for damages and injunctive relief under section 210 of the Economic Stabilization Act (ESA).
• Senator Barry Goldwater v. Carter
  617 F.2d 697· D.C. Cir.· 1979-11-30 ·cited 30×
  The Constitution does not confer absolute power on the President, acting alone, to terminate treaties; treaty termination is an implied power requiring Congressional action.
• Heimbach v. Vill. OF Lyons (Wayne Cnty.
  597 F.2d 344· 2d Cir.· 1979-04-26 ·cited 30×
  The court held that a village is a "person" under 42 U.S.C. § 1983 following Monell, and that while a justice has absolute immunity for damages, other officials have only qualified immunity, making dismissal premature if bad faith is alleged.
• Johnson v. Levine
  588 F.2d 1378· 4th Cir.· 1978-12-13 ·cited 30×
  The court held that the totality of circumstances, including overcrowding and its consequences, amounted to cruel and unusual punishment violating the Eighth Amendment, but specific claims regarding medical care were not as extreme.
• In re Establishment Inspection of Blocksom & Co. v. Marshall
  582 F.2d 1122· 7th Cir.· 1978-08-16 ·cited 30×
  The court held that the company's complaint seeking to challenge the OSHA Act's constitutionality was premature and must be dismissed, but the civil contempt citation against the company's vice president should be vacated and remanded for further proceedings regarding the Fourth
• Cedar Coal Co. v. United Mine Workers OF Am.
  560 F.2d 1153· 4th Cir.· 1977-07-06 ·cited 30×
  The court held that an indefinite continuance of a preliminary injunction hearing is appealable as a refusal of an injunction, and that dismissal of a complaint with prejudice is a final, appealable order. The court also found that the cases were not moot despite the strike endin
• Santiago v. Rivera
  553 F.2d 710· 1st Cir.· 1977-04-21 ·cited 30×
  The court held that the district court did not abuse its discretion in dismissing the plaintiffs' suit for want of prosecution, affirming the dismissal with prejudice.
• Parks v. "MR. Ford"
  556 F.2d 132· 3d Cir.· 1977-04-04 ·cited 30×
  The court held that Pennsylvania's common law repairman's lien, allowing non-consensual possession without due process safeguards, violates the Fourteenth Amendment.
• Save OUR Wetlands v. United States Army Corps OF Eng'rs
  549 F.2d 1021· 5th Cir.· 1977-04-04 ·cited 30×
  The court held that the equitable doctrine of laches barred the plaintiffs' environmental claims because of their unreasonable and inexcusable delay, which resulted in undue prejudice to the defendants due to substantial investment and project completion.
• Lewis v. Hyland
  554 F.2d 93· 3d Cir.· 1977-03-25 ·cited 30×
  Federal injunctive relief against state police misconduct is barred by Rizzo v. Goode when plaintiffs fail to prove a causal link between official policy and constitutional violations, and damages cannot be awarded when not contemplated by the parties throughout the litigation.
• Williams v. Alioto
  549 F.2d 136· 9th Cir.· 1977-01-25 ·cited 30×
  The appeal is dismissed as moot because the underlying criminal investigation has concluded with convictions, and the challenged police practices are unlikely to recur and affect the original litigants.
• Nat'l Ass'n of Greeting Card Publishers v. The United States Postal Serv.
  569 F.2d 570· D.C. Cir.· 1976-12-28 ·cited 30×
  The court's interpretation of 39 U.S.C. § 3622(b)(3) should not overemphasize cost-of-service principles to the exclusion of other statutory factors.