Injunctive Relief

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

• Wearly v. Fed. Trade Comm'n
  616 F.2d 662· 3d Cir.· 1980-02-08 ·cited 29×
  The court held that the matter was not ripe for judicial review because the plaintiffs sought preenforcement relief outside of an enforcement action, and the FTC had not yet taken a final position on the confidentiality of the documents.
• City OF Miami Beach v. Forte Towers, Inc.
  305 So. 2d 764· Fla.· 1974-10-09 ·cited 29×
  The court's majority opinion erred in striking down the City of Miami Beach's rent control ordinance.
• Volkswagenwerk Aktiengesell-Schaft v. Rickard
  492 F.2d 474· 5th Cir.· 1974-04-10 ·cited 29×
  The court held that the district court's findings of trademark infringement and unfair competition were supported by substantial evidence, but modified the injunctive decree to remove overbroad restrictions.
• Steele v. Title Realty Co. & Frank Sawatzki
  478 F.2d 380· 10th Cir.· 1973-05-16 ·cited 29×
  The court held that while the Fair Housing Act was violated, punitive damages were inappropriate, and the awarded attorney fees were excessive, requiring modification of the judgment.
• Bode v. Nat'l Democratic Party
  452 F.2d 1302· D.C. Cir.· 1971-09-30 ·cited 29×
  The court held that the Democratic National Committee's formula for allocating convention delegates, which combines allocation based on past party strength and electoral college strength, does not violate the Equal Protection Clause.
• Sellers v. The Regents OF the Univ. OF Cal.
  432 F.2d 493· 9th Cir.· 1970-09-17 ·cited 29×
  The court held that the district court properly dismissed the complaint, refusing to convene a three-judge court, as there was no genuine threat of irreparable harm or chilling effect on First Amendment rights to warrant injunctive relief.
• Father Nathaniel MacHesky v. Honorable William H. Bizzell
  414 F.2d 283· 5th Cir.· 1969-06-05 ·cited 29×
• Asa D. Kelly, Jr. v. Page
  335 F.2d 114· 5th Cir.· 1964-07-16 ·cited 29×
  The court held that the district court erred in denying injunctive relief based solely on changed conditions without making full findings of fact and conclusions of law. The court affirmed one judgment and vacated and remanded another for further proceedings.
• Davis v. Levin
  138 So. 2d 351· Fla. 3d DCA· 1962-03-05 ·cited 29×
  Homeowners appealed a trial court's denial of their request for an injunction against neighboring homeowners' air conditioning system, alleging it constituted a nuisance due to excessive noise. The appellate court affirmed, holding that the trial court properly found the air cond
• Gwin v. City OF Tallahassee
  132 So. 2d 273· Fla.· 1961-07-26 ·cited 29×
  The court held that the furnishing of electricity outside city limits, when authorized by statute, constitutes a municipal function for taxation purposes.
• A. & P. Food Stores, Inc. v. Kornstein
  121 So. 2d 701· Fla. 3d DCA· 1960-06-20 ·cited 29×
  A&P Food Stores appeals from a permanent injunction and $7,500 damages award for alleged nuisance caused by its supermarket operations adjacent to the Kornsteins' residential property. The court affirmed the injunction in principle but found it overbroad and reversed the damages
• Khedivial Line v. Seafarers' Int'l Union
  278 F.2d 49· 2d Cir.· 1960-05-04 ·cited 29×
  A federal court cannot issue an injunction for a maritime tort, as admiralty jurisdiction does not grant injunctive relief and federal question jurisdiction does not extend to general maritime law claims.
• Jimenez v. Barber
  252 F.2d 550· 9th Cir.· 1958-01-30 ·cited 29×
  The court held that the appeal presented no substantial question and dismissed the appeal as frivolous, denying the motion for a temporary restraining order.
• Kasper v. Brittain
  245 F.2d 92· 6th Cir.· 1957-06-01 ·cited 29×
  A party who violates a court order, even if challenging its validity, is guilty of criminal contempt, and such speech is not protected by the First Amendment.
• Moore et ux. v. United States
  196 F.2d 906· 5th Cir.· 1952-05-23 ·cited 29×
  The court held that the landlords were not entitled to a jury trial on the second trial because they waived that right by failing to demand it timely, and that the United States could recover both restitution for the tenant and statutory treble damages for itself.
• Heyman v. Cooper
  31 F.4th 1315· 11th Cir.· 2022-04-18 ·cited 28×
  The court held that the pre-amendment Unified Development Code prohibited short-term rentals, meaning plaintiffs do not have a grandfathered right to continue such rentals under the amended ordinance.
• Dolan Darling v. State
  45 So. 3d 444· Fla.· 2010-07-01 ·cited 28×
  Dolan Darling, a death-row inmate, challenged Florida's lethal injection protocol, the constitutionality of statutes prohibiting disclosure of executioners' identities, and whether Capital Collateral Regional Counsel (CCRC) attorneys could represent him in federal section 1983 cl
• Grapski v. City OF Alachua
  31 So. 3d 193· Fla. 1st DCA· 2010-01-21 ·cited 28×
  Grapski and Canney challenged a Florida city's refusal to timely disclose Board of Canvassers minutes before the city commission approved them. The court held that the city violated public records and open meetings laws by denying timely access to the minutes, reversed the trial
• Winn-Dixie Stores, Inc. v. Dolgencorp, Inc.
  964 So. 2d 261· Fla. 4th DCA· 2007-09-19 ·cited 28×
  A recorded lease provision granting an exclusive right to sell groceries constitutes a covenant running with the land that is enforceable against a subsequent tenant who had constructive or implied actual notice of the restriction.
• Flo-Sun, Inc. v. Kirk
  783 So. 2d 1029· Fla.· 2001-03-29 ·cited 28×
  The Florida Supreme Court held that Chapter 403 (environmental pollution control) did not impliedly repeal Chapter 823 (public nuisance statute), but ruled that the doctrine of primary jurisdiction requires administrative agencies to address environmental grievances before judici
• Fladell v. Palm Beach Cnty. Canvassing Bd.
  772 So. 2d 1240· Fla.· 2000-12-01 ·cited 28×
  Florida Supreme Court reviewed a trial court dismissal of complaints challenging the legality of the Palm Beach County ballot used in the November 7, 2000, presidential election. The court affirmed the dismissal, holding that the ballot form did not constitute substantial noncomp
• Applewhite v. Sheen Fin. Res., Inc.
  608 So. 2d 80· Fla. 4th DCA· 1992-10-21 ·cited 28×
  The court held that arbitrators did not exceed their powers by issuing an injunction within the scope of the employment agreement, and the trial court did not err in confirming the award of costs.
• Scruggs v. Moellering
  870 F.2d 376· 7th Cir.· 1989-03-01 ·cited 28×
  A federal civil rights suit ancillary to a post-conviction proceeding, seeking an injunction to obtain an accurate transcript, requires exhaustion of state remedies and is an improper collateral attack on a conviction.
• Pitre v. W. Elec. Co., Inc.
  843 F.2d 1262· 10th Cir.· 1988-03-29 ·cited 28×
  The court held that evidence of past discrimination is probative of current discriminatory intent and that statistical evidence, even if not statistically significant to social scientists, can be relevant in Title VII cases when considered with other evidence.
• Bradley v. Austin
  841 F.2d 1288· 6th Cir.· 1988-03-21 ·cited 28×
  The court held that the AFDC regulations implementing the Deficit Reduction Act of 1984's family filing unit provision, which require the inclusion of OASDI benefits in determining AFDC eligibility, do not conflict with the Social Security Act or violate constitutional due proces
• Nat'l Fed'n OF Fed. Emps. v. Caspar W. Weinberger
  818 F.2d 935· D.C. Cir.· 1987-05-15 ·cited 28×
  The court held that federal district courts have subject matter jurisdiction to hear challenges to mandatory drug testing programs for federal employees, and that prospective injunctive relief is not barred by the availability of a damages remedy.
• Founding Church OF Scientology OF Wash. v. Webster
  802 F.2d 1448· D.C. Cir.· 1986-09-26 ·cited 28×
  The court held that the district court did not abuse its discretion in dismissing the case as a sanction under Fed.R.Civ.P. 37 for the founder's failure to appear for a court-ordered deposition, as he was deemed a managing agent of the organization.
• M.N.C. OF Hinesville, Inc. v. United States Dep't OF Def.
  791 F.2d 1466· 11th Cir.· 1986-06-23 ·cited 28×
  The Army's decision to grant a Civilian Enterprise Newspaper (CEN) preferred access to military base distribution points, while denying such access to a competing newspaper, did not violate the First or Fifth Amendments because the military base is a nonpublic forum and the restr
• The Chemehuevi Indian Tribe v. Cal. State Bd. OF Equalization
  757 F.2d 1047· 9th Cir.· 1985-04-12 ·cited 28×
  The court held that the Board's counterclaim against the Tribe is barred by tribal sovereign immunity, and that the California cigarette tax, as applied, impermissibly imposes the tax burden on the Tribe.
• Easley v. Anheuser-Busch, Inc.
  758 F.2d 251· 8th Cir.· 1985-03-22 ·cited 28×
  The court held that the exclusion of expert testimony was harmless error, but the dissenting judge disagreed.
• Kaufman v. Roscoe Egger
  758 F.2d 1· 1st Cir.· 1985-03-19 ·cited 28×
  The court held that the "civil proceeding" in 26 U.S.C. § 7430 includes the IRS's prelitigation conduct when determining if the government's position was unreasonable for awarding attorney's fees.
• White House Vigil FOR the ERA Comm. v. Clark
  746 F.2d 1518· D.C. Cir.· 1984-10-26 ·cited 28×
  The court held that while most Park Service regulations on White House sidewalk demonstrations were constitutional, the ban on plywood signs was not narrowly tailored to serve a significant government interest. The court also upheld restrictions on sign size, supports, placement
• Khushro Ghandi v. Police Dep't OF the City OF Detroit
  747 F.2d 338· 6th Cir.· 1984-10-18 ·cited 28×
  The court affirmed dismissal of claims against the FBI based on sovereign immunity and affirmed summary judgment for federal agents due to qualified immunity and lack of evidence. It reversed summary judgment for some federal defendants and remanded for further proceedings.
• S. Fla. Free Beaches, Inc. v. City OF Miami
  734 F.2d 608· 11th Cir.· 1984-06-18 ·cited 28×
  The court held that nude sunbathing is not a form of expression protected by the First Amendment and is therefore subject to governmental proscriptions.
• Walters v. Secretary OF Defense
  725 F.2d 107· D.C. Cir.· 1983-12-30 ·cited 28×
  The six-year statute of limitations in 28 U.S.C. § 2401(a) bars a civil action for declaratory and injunctive relief brought by a former servicemember seeking to upgrade a discharge, even if the relief sought is equitable.
• The City OF Meridian v. Algernon Blair, Inc.
  721 F.2d 525· 5th Cir.· 1983-12-22 ·cited 28×
  An order granting a stay of arbitration pending litigation is an appealable interlocutory order, and the Federal Arbitration Act mandates arbitration for disputes arising under a contract, even if the merits of the claim are questionable.
• The Barona Grp. OF the Capitan Grande Band OF Mission Indians v. Duffy
  694 F.2d 1185· 9th Cir.· 1982-12-20 ·cited 28×
  State and county laws regulating bingo are civil/regulatory, not criminal/prohibitory, and thus do not apply to tribal bingo operations on an Indian reservation under Public Law 280.
• DOE v. Harris
  696 F.2d 109· D.C. Cir.· 1982-12-17 ·cited 28×
  The court held that the district court erred in dismissing the complaint as moot because the defendants failed to meet the heavy burden of demonstrating that there was no reasonable expectation of recurrence of the alleged violation and that its effects had been completely and ir
• Grove City Coll. v. Bell
  687 F.2d 684· 3d Cir.· 1982-08-12 ·cited 28×
  The court held that the Assurance of Compliance is program-specific and thus compatible with Title IX's requirements, even when federal aid is not earmarked for specific programs.
• Villanueva v. George
  659 F.2d 851· 8th Cir.· 1981-09-16 ·cited 28×
  The court held that there was sufficient evidence to create jury issues regarding whether pretrial detainee Villanueva's conditions of confinement were punitive, and that actual damages were not required to vindicate certain constitutional rights.
• Crow Tribe OF Indians v. State OF Mont.
  650 F.2d 1104· 9th Cir.· 1981-07-13 ·cited 28×
  The court held that Montana's severance and gross proceeds taxes on coal mined by non-Indian lessees on the Crow Indian Reservation are preempted by the Mineral Leasing Act of 1938 and infringe upon the Tribe's right to self-governance.
• Mallick v. Int'l Bhd. OF Elec. Workers
  644 F.2d 228· 3d Cir.· 1981-02-23 ·cited 28×
  The court held that a union cannot discipline members for exercising rights protected by the Landrum-Griffin Act and that a motion for judgment notwithstanding the verdict is procedurally barred if a directed verdict motion was not renewed.
• Junco v. State Bd. OF Accountancy
  390 So. 2d 329· Fla.· 1980-09-18 ·cited 28×
  This case involved appellants who passed the CPA examination in Florida but were denied licensure because their accounting experience was with the Internal Revenue Service rather than with a Florida or out-of-state practitioner as required by statute. The Florida Supreme Court up
• Eli Lilly & Co. v. Premo Pharm. Labs., Inc.
  630 F.2d 120· 3d Cir.· 1980-07-11 ·cited 28×
  The court held that structural similarity alone does not bar patentability for a new chemical compound; its unexpected properties must also be considered. The district court did not err in finding cephalexin nonobvious and did not abuse its discretion in granting a preliminary in
• United States v. Bedford Assocs.
  618 F.2d 904· 2d Cir.· 1980-02-05 ·cited 28×
  The court held that it had jurisdiction to hear the government's appeal from the preliminary injunction's condition requiring payment of utilities, and that the district court had jurisdiction to impose such a condition, but the injunction must be modified.
• Loya v. Immigr. & Naturalization Serv.
  583 F.2d 1110· 9th Cir.· 1978-10-13 ·cited 28×
  The court held that the denial of class certification is not appealable, but the district court's grant of partial summary judgment denying injunctive relief is appealable under 28 U.S.C. § 1292(a)(1).
• Bituminous Coal Operators' Ass'n, Inc. v. Int'l Union
  585 F.2d 586· 3d Cir.· 1978-09-18 ·cited 28×
  The court held that while injunctive relief was properly denied due to the Norris-LaGuardia Act, the dismissal of the request for declaratory relief was erroneous, as such relief is available in labor disputes not subject to arbitration.
• Carrollwood State Bank v. Lewis
  362 So. 2d 110· Fla. 1st DCA· 1978-08-22 ·cited 28×
  Carrollwood State Bank challenged the Florida Department of Banking and Finance's denial of its request for an administrative hearing on a competitor's branch bank application. The court affirmed the dismissal of the declaratory judgment action, holding that absent a constitution
• Cell Assocs., Inc. v. Nat'l Insts. OF Health
  579 F.2d 1155· 9th Cir.· 1978-08-11 ·cited 28×
  The court held that the Privacy Act of 1974 does not authorize injunctive relief to prevent the disclosure of agency records, and that a corporation lacks standing as an 'individual' under the Act.
• AETNA Cas. & Sur. Co. v. Ilmonen
  360 So. 2d 1271· Fla. 3d DCA· 1978-06-20 ·cited 28×
  Aetna appeals a summary declaratory judgment determining coverage limits for underinsured motorist benefits when an injured insured receives partial recovery from tortfeasors. The court held that an insured is entitled to recover the full limits of her underinsured motorist polic