Injunctive Relief

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

• Frederick L. v. Thomas
  578 F.2d 513· 3d Cir.· 1978-06-12 ·cited 28×
  The court held that abstention on the plaintiff's individual claim for damages was appropriate, and appellate jurisdiction could be exercised via mandamus.
• Hill v. Sch. Bd. OF Leon Cnty.
  351 So. 2d 732· Fla. 1st DCA· 1977-10-28 ·cited 28×
  Parents challenged a school board's discontinuation of county-paid transportation on dangerous routes for children living within two miles of school, arguing the board violated Florida's Administrative Procedure Act by failing to follow required rulemaking procedures. The court h
• Equal Emp. Opportunity Comm'n v. The NEW York Times Broad. Serv., Inc.
  542 F.2d 356· 6th Cir.· 1976-10-04 ·cited 28×
  The court held that while the plaintiff failed to prove individual damages for Ms. Wilson or general pay discrimination, the defendant's reliance on a historically discriminatory recruitment source constituted a violation of Title VII, entitling the EEOC to injunctive relief.
• Morales v. Turman
  535 F.2d 864· 5th Cir.· 1976-07-21 ·cited 28×
  The court held that the district court erred in not convening a three-judge court because the plaintiffs' action sought to enjoin the enforcement of statewide policies of the Texas Youth Council, triggering the requirement under 28 U.S.C. § 2281.
• Nat'l Wildlife Fed'n v. Coleman
  529 F.2d 359· 5th Cir.· 1976-03-25 ·cited 28×
• 28 E. Jackson Enters., Inc. v. Cullerton
  523 F.2d 439· 7th Cir.· 1975-08-08 ·cited 28×
  The dissenting judge believes the federal court has jurisdiction to enjoin the sale of property despite principles of comity, as the adequacy of state remedies is uncertain.
• Ardale Calvin v. Conlisk
  520 F.2d 1· 7th Cir.· 1975-06-30 ·cited 28×
  The court held that claims for injunctive and declaratory relief against police misconduct are justiciable, and that jurisdiction over the City of Chicago can be established under 28 U.S.C. § 1331 if the jurisdictional amount is met. The court also found that two of the three pla
• Martha v. Gilbert
  519 F.2d 661· 4th Cir.· 1975-06-27 ·cited 28×
  The exclusion of pregnancy-related disability from an employee disability benefits program is not prohibited by Title VII, as it does not constitute sex discrimination under the precedent set by Geduldig v. Aiello.
• Nat'l Right TO Work Legal Def. & Educ. Found. Inc. v. Honorable Charles R. Richey
  510 F.2d 1239· D.C. Cir.· 1975-03-17 ·cited 28×
  The court held that mandamus is neither necessary nor appropriate to review the district court's discovery order or its jurisdictional rulings, as these issues can be adequately addressed through normal appellate channels after a final judgment.
• Friends OF THE Earth v. Coleman
  513 F.2d 295· 9th Cir.· 1975-03-10 ·cited 28×
  The court held that the Environmental Impact Statement (EIS) for the highway project was sufficient and that the highway and canal projects should be reviewed independently for NEPA purposes.
• Allstate Mortg. Corp. of Fla. v. City OF Miami Beach
  308 So. 2d 629· Fla. 3d DCA· 1975-01-21 ·cited 28×
  Allstate Mortgage Corporation appealed a Circuit Court order denying its petition for certiorari to review a zoning variance granted by Miami Beach's Board of Adjustment. The court reversed, holding that the Circuit Court erred by applying the wrong legal standard for variance re
• Kerr v. United States Dist. Court FOR the N. Dist. OF Cal.
  511 F.2d 192· 9th Cir.· 1975-01-17 ·cited 28×
  The court held that the petition for a writ of mandamus or prohibition to vacate the district court's discovery order should be denied because the petitioners failed to demonstrate an abuse of discretion or usurpation of power sufficient to warrant such extraordinary relief.
• Rowley v. Honorable James B. McMILLAN
  502 F.2d 1326· 4th Cir.· 1974-07-26 ·cited 28×
  The court held that official immunity does not apply to suits for injunctive relief and that the federal defendants waived their objection to personal jurisdiction. The court also found that the district court did not err in granting a preliminary injunction or in ordering discov
• Stanley v. Tucker
  497 F.2d 1309· 2d Cir.· 1974-05-07 ·cited 28×
  A party acting in good faith under statutes later declared unconstitutional is not liable for damages under § 1983, absent a showing of improper motive or lack of probable cause.
• Wellman Indus., Inc. v. The Nat'l Labor Relations Bd.
  490 F.2d 427· 4th Cir.· 1974-01-22 ·cited 28×
  The court held that affidavits obtained by the NLRB investigator during an inquiry into objections to a representation election are protected from disclosure under FOIA's exemption 7 for investigatory files compiled for law enforcement purposes.
• State of Fla. ex rel. Robert L. Shevin v. Tampa Elec. Co.
  291 So. 2d 45· Fla. 2d DCA· 1974-01-16 ·cited 28×
  The Florida Attorney General sought injunctive relief against Tampa Electric Company for pollution from its generating plants, alleging a public nuisance. The trial court dismissed the complaint invoking the doctrine of primary jurisdiction, deferring to the Department of Polluti
• Bermudez v. The United States Dep't OF Agric.
  490 F.2d 718· D.C. Cir.· 1973-10-10 ·cited 28×
  The federal government is liable for retroactive food stamp benefits that were wrongfully denied due to state administrative error, and the class action determination by the district court is affirmed.
• LEE v. MacOn Cnty. Bd. OF Educ.
  482 F.2d 1253· 5th Cir.· 1973-07-20 ·cited 28×
  The court held that the district court must make findings of fact and conclusions of law before appellate review of the desegregation claims can occur. The court also noted a preliminary issue regarding the NEA's standing to bring claims on behalf of principals and teachers.
• Siegfried Hernandez v. European Auto Collision, Inc.
  487 F.2d 378· 2d Cir.· 1973-06-29 ·cited 28×
  The sale provisions of the New York Lien Law are unconstitutional as applied because they permit the permanent deprivation of a significant property interest without a prior hearing.
• United States v. BOB Lawrence Realty, Inc.
  474 F.2d 115· 5th Cir.· 1973-02-13 ·cited 28×
  The court held that 42 U.S.C. § 3604(e), the anti-blockbusting provision of the Fair Housing Act, is a constitutional exercise of Congress's authority under the Thirteenth Amendment and does not violate the First Amendment. The Attorney General has standing to bring suit under th
• Bethlehem Mines Corp. v. United Mine Workers OF Am.
  476 F.2d 860· 3d Cir.· 1973-02-12 ·cited 28×
  A party cannot attack the validity of an underlying court order in a civil contempt proceeding if they failed to appeal or object to that order when it was issued.
• Hodgson v. Okada
  472 F.2d 965· 10th Cir.· 1973-02-07 ·cited 28×
  The Okadas were employers under the Fair Labor Standards Act because they acted directly or indirectly in the interest of an employer, and their statutory exemption claims were not properly raised or applicable.
• NEW Left Education Project v. Bd. OF Regents OF THE Univ. OF Tex. Sys.
  472 F.2d 218· 5th Cir.· 1973-01-19 ·cited 28×
  When an appellant voluntarily moots an appeal through their own actions, the appellate court should leave the lower court's judgment intact, rather than vacating it, except for issues like injunctive relief that require reconsideration based on supervening facts.
• "Americans United" Inc. v. Walters
  477 F.2d 1169· D.C. Cir.· 1973-01-11 ·cited 28×
  The court did not decide the merits of the case, only that constitutional issues warranted a three-judge court.
• United States v. Reddoch
  467 F.2d 897· 5th Cir.· 1972-10-04 ·cited 28×
  The court affirmed the district court's findings of racial discrimination and the resulting injunction, holding that there is no right to a jury trial in suits for injunctive relief under the Fair Housing Act.
• Broadway v. Culpepper
  439 F.2d 1253· 5th Cir.· 1971-03-03 ·cited 28×
  The court held that the jury commissioners' showing of compliance with constitutional and state law regarding jury list compilation was insufficient due to deficiencies in the voter list's usability and the discriminatory application of subjective qualifications.
• Ry. Express Agency v. Brotherhood OF Railway
  437 F.2d 388· 5th Cir.· 1971-01-25 ·cited 28×
  The court held that a dispute over the interpretation of a collective bargaining agreement's scope clause, particularly concerning management's prerogative to contract out work, is a minor dispute under the Railway Labor Act, allowing for injunctive relief.
• Long Island Vietnam Moratorium Comm. v. Cahn
  437 F.2d 344· 2d Cir.· 1970-12-24 ·cited 28×
  New York General Business Law § 136(a) is unconstitutional on its face and as applied because it is overbroad, vague, and infringes upon First Amendment rights by prohibiting a wide range of expressive conduct involving the American flag.
• The Ramapo Bank & Broadway Bank & Tr. Co. v. Camp
  425 F.2d 333· 3d Cir.· 1970-04-17 ·cited 28×
  The court held that Section 30 of the National Bank Act governs the relocation of a national bank's main office, and such relocation is not subject to state branching laws or the doctrine of competitive equality when the move is bona fide.
• Sec. & Exch. Comm'n v. Ford M. MacELVAIN and Robert C. MacElvain
  417 F.2d 1134· 5th Cir.· 1969-11-04 ·cited 28×
  The court held that the second offering constituted an investment contract under the Securities Act, and the district court did not abuse its discretion in granting a permanent injunction.
• Gertrude McCALL v. Shapiro
  416 F.2d 246· 2d Cir.· 1969-08-11 ·cited 28×
  The court held that federal courts do not have jurisdiction over a claim that a state welfare commissioner misinterpreted federal and state welfare statutes regarding the reimbursement of OASDI benefits, as it does not present a substantial federal question or fall under civil ri
• Wirtz v. Lone Star Steel Co.
  405 F.2d 668· 5th Cir.· 1968-12-12 ·cited 28×
  The court held that Lone Star Steel Company was not an employer of contract haulers but did violate the 'hot cargo' provisions of the Fair Labor Standards Act. Costs were improperly assessed against the Secretary of Labor.
• Pullum v. Greene
  396 F.2d 251· 5th Cir.· 1968-06-18 ·cited 28×
  The court held that the district court erred in dismissing the case as moot based on a new state statute, as the plaintiffs had alleged a pattern and practice of discrimination that required further inquiry and potential injunctive relief.
• Janel Sales Corp. v. Lanvin Parfums
  396 F.2d 398· 2d Cir.· 1968-06-05 ·cited 28×
  The court held that whether Lanvin's accommodation sales made it a retailer, and whether Lanvin and plaintiffs were in competition, were questions of fact for the jury.
• Cap. City GAS Co. v. Phillips Petroleum Co.
  373 F.2d 128· 2d Cir.· 1967-02-14 ·cited 28×
  The court held that the district court erred in issuing a permanent injunction without proper notice and a full hearing on the merits, and that a temporary injunction was not warranted due to a lack of irreparable injury.
• Bryan v. Royce Kershaw
  366 F.2d 497· 5th Cir.· 1966-09-27 ·cited 28×
  The court held that a former employee's breach of confidence regarding trade secrets can be enjoined even after the product is publicly disclosed, and that a subsequent employer who benefits from this breach can also be enjoined. Furthermore, federal rules of pleading govern the
• Coleman v. Peyton
  362 F.2d 905· 4th Cir.· 1966-06-24 ·cited 28×
  The court affirmed the district court's denial of injunctive relief, finding no clear error in the factual findings regarding discrimination or punishment, and no substantial interference with the prisoner's access to the courts.
• DeLONG Corp. v. The Or. State Hwy. Comm'n
  343 F.2d 911· 9th Cir.· 1965-04-12 ·cited 28×
  The court held that the State of Oregon is immune from suit in federal court under the Eleventh Amendment, and diversity jurisdiction was not established because the state is not a "citizen" for diversity purposes.
• Nannie v. Compton
  334 F.2d 212· 4th Cir.· 1964-06-17 ·cited 28×
  The court held that illegally seized evidence is admissible for impeachment purposes in a tax refund suit, and the taxpayer bears the burden of proving the exact amount of tax overpaid.
• Adams v. United States
  318 F.2d 861· 9th Cir.· 1963-06-10 ·cited 28×
  The court held that summary judgment was appropriate for most of the government's claims, as they involved legal questions based on the administrative record, but reversed the portion enjoining future litigation due to a lack of factual basis.
• Taussig v. Wellington Fund, Inc.
  313 F.2d 472· 3d Cir.· 1963-01-23 ·cited 28×
  The court held that the district court had federal question jurisdiction to consider the claim under the Investment Company Act and pendent jurisdiction for the common law unfair competition claim, and that the adoption of the name 'Wellington' by the new fund constituted unfair
• Chem. Corp. OF Am. v. Anheuser-Busch
  306 F.2d 433· 5th Cir.· 1962-08-15 ·cited 28×
  A party's use of a deceptively similar slogan, even for non-competing goods, can be enjoined under Florida law if it causes public confusion as to source or damages the goodwill of the original slogan's owner.
• Tex. & NEW Orleans R.R. Co. v. Brotherhood OF Railroad Trainmen
  307 F.2d 151· 5th Cir.· 1962-07-06 ·cited 28×
  The court clarified factual findings and corrected inaccuracies in its prior opinion, but these changes did not alter the outcome of the appeal.
• Marsh v. The Cnty. Sch. Bd. OF Roanoke Cnty.
  305 F.2d 94· 4th Cir.· 1962-06-12 ·cited 28×
  The court held that the Virginia Pupil Placement Act was administered in an unconstitutionally discriminatory manner, and the plaintiffs were not required to exhaust administrative remedies that were themselves part of the discriminatory system.
• PAN Am. Petroleum Corp. v. Pierson
  284 F.2d 649· 10th Cir.· 1960-10-28 ·cited 28×
• Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Co., Inc.
  260 F.2d 637· 2d Cir.· 1958-10-21 ·cited 28×
• Hennessy v. The City OF Fort Lauderdale
  101 So. 2d 176· Fla. 2d DCA· 1958-03-14 ·cited 28×
  The court reversed a decree that permanently enjoined construction of a funeral home on zoned property, holding that the lower court erred in denying defendants' motion to amend their answer to raise the affirmative defense that plaintiffs failed to exhaust administrative remedie
• Mitchell v. Hertzke
  234 F.2d 183· 10th Cir.· 1956-05-18 ·cited 28×
  The court held that while the trial court did not abuse its discretion in refusing to enjoin child labor violations, it erred in refusing to enjoin record keeping violations against the growers and labor boss.
• State Fin. Co. v. Morrow
  216 F.2d 676· 10th Cir.· 1954-10-27 ·cited 28×
  A bankruptcy court has the equitable authority to enjoin a state court proceeding to protect its discharge decree, especially when the state court's remedy is inadequate to address the complexities of a discharged debt versus a fraud claim.
• Seatrain Lines, Inc. v. Pa. R. Co.
  207 F.2d 255· 3d Cir.· 1953-09-10 ·cited 28×
  The court held that claims challenging the railroads' car interchange agreement, which is sanctioned by the ICC, are barred by primary jurisdiction and res judicata, but other antitrust claims not directly infringing on ICC's regulatory power may proceed.