Injunctive Relief

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

• Arcamuzi v. Cont'l AIR Lines, Inc.
  819 F.2d 935· 9th Cir.· 1987-06-15 ·cited 26×
  The court held that the plaintiffs failed to provide sufficient evidence of retaliation to warrant a preliminary injunction.
• Minimatic Components, Inc. v. Westinghouse Elec. Corp.
  494 So. 2d 303· Fla. 4th DCA· 1986-09-24 ·cited 26×
  Minimatic Components and Leon Shaw appealed a temporary injunction issued by the trial court that prevented Shaw from ousting Westinghouse from leased premises in Minimatic's manufacturing plant. The appellate court vacated the injunction, finding it was issued without adequate n
• Constantine John Gekas v. Attorney Registration & Disciplinary Comm'n OF the Supreme Court OF Ill. & Carl H. Rolewick
  793 F.2d 846· 7th Cir.· 1986-06-12 ·cited 26×
  The court held that Gekas was a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988, but vacated the fee award due to inadequate explanation and remanded for recalculation.
• Beck v. Commc'ns Workers OF Am. (C.W.A.)
  776 F.2d 1187· 4th Cir.· 1985-10-24 ·cited 26×
  The court held that the statutory claim under the NLRA and the duty of fair representation claim provided a basis for federal jurisdiction, allowing the judgment to be affirmed even if the constitutional claim lacked jurisdiction. The court also affirmed the district court's dete
• Stewart v. Lubbock Cnty.
  767 F.2d 153· 5th Cir.· 1985-08-05 ·cited 26×
  The court held that the plaintiffs' claims for injunctive relief should have been dismissed for lack of federal jurisdiction due to insufficient Article III standing, as past wrongs do not establish a real and immediate threat of future injury.
• Adams v. Grainger W. McILHANY
  764 F.2d 294· 5th Cir.· 1985-06-27 ·cited 26×
  A judge is absolutely immune from liability for judicial acts performed within their jurisdiction, even if those acts are malicious or procedurally flawed. Claims for injunctive and declaratory relief require a live case or controversy, which is absent when the plaintiff has alre
• Harris v. Pernsley
  755 F.2d 338· 3d Cir.· 1985-02-22 ·cited 26×
  The court held that res judicata, the eleventh amendment, official immunity, and abstention doctrines did not bar the inmates' claims for damages and injunctive relief.
• McKINNON v. Talladega Cnty.
  745 F.2d 1360· 11th Cir.· 1984-11-05 ·cited 26×
  A prisoner's transfer from a jail does not moot a claim for monetary damages, but it does moot claims for declaratory and injunctive relief if the class has not been certified.
• Enrico's Inc. v. Baxter Rice
  730 F.2d 1250· 9th Cir.· 1984-02-14 ·cited 26×
  The court held that the appeal is moot because the challenged price posting scheme is no longer enforced and there is no reasonable expectation of future enforcement, thus preventing the court from granting effective relief.
• Equal Emp. Opportunity Comm'n v. Wooster Brush Co. Emps. Relief Ass'n (81-3638)
  727 F.2d 566· 6th Cir.· 1984-02-08 ·cited 26×
  An employer cannot avoid Title VII liability for sex discrimination by contributing to a disability benefits plan that excludes pregnancy benefits, even if the plan is administered by an independent association. The employer is responsible for ensuring that pregnancy benefits are
• Carter v. J.L. Kurzejeski
  706 F.2d 835· 8th Cir.· 1983-05-05 ·cited 26×
  Federal employees and their union must pursue claims of anti-union animus and related constitutional violations through the exclusive administrative and arbitral procedures established by the Civil Service Reform Act, rather than through an independent action in federal district
• Sellers v. O'Connell
  701 F.2d 575· 6th Cir.· 1983-02-28 ·cited 26×
  The court should reverse the district court's dismissal and allow amendment of jurisdictional allegations.
• Hahn v. Vt. LAW Sch.
  698 F.2d 48· 1st Cir.· 1983-01-21 ·cited 26×
  The court held that mailing application information and an offer of admission to a Massachusetts resident constituted "transacting business" under the Massachusetts long-arm statute, and that asserting personal jurisdiction over the law school was consistent with due process.
• Appleby v. Meachum
  696 F.2d 145· 1st Cir.· 1983-01-07 ·cited 26×
  The denial of a motion for appointment of counsel in a civil case is not an immediately appealable interlocutory order under the collateral order doctrine.
• Sinai Hosp. OF Baltimore, Inc. v. Nat'l Benefit Fund FOR Hosp. & Health Care Emps.
  697 F.2d 562· 4th Cir.· 1982-12-15 ·cited 26×
  The dissenting judge would hold that the Fund, as a creature of the collective bargaining agreements, is bound by their terms regarding benefit levels and cannot unilaterally alter them.
• Wilson v. Robinson
  668 F.2d 380· 8th Cir.· 1981-12-30 ·cited 26×
  The court held that a county ordinance creating procedural rights for employee termination is valid and enforceable under state law, and that exhaustion of administrative remedies is not required for section 1983 claims.
• Shawnee Coal Co. v. Andrus
  661 F.2d 1083· 6th Cir.· 1981-10-05 ·cited 26×
  The court held that Shawnee Coal Co. failed to exhaust its administrative remedies before seeking judicial review of cessation orders, and thus the district court lacked jurisdiction.
• United States v. Prof'l AIR Traffic Controllers Org. (Pat-Co)
  653 F.2d 1134· 7th Cir.· 1981-06-18 ·cited 26×
  The court held that federal courts have jurisdiction to issue injunctions against strikes by federal employees under 5 U.S.C. § 7311, as Congress implicitly approved this jurisdiction through the enactment of Title VII of the Civil Service Reform Act of 1978.
• DELTA AIR Lines, Inc. v. Werner H. Kramarsky
  650 F.2d 1287· 2d Cir.· 1981-05-11 ·cited 26×
  The court held that New York's Human Rights Law (HRL) was not preempted by ERISA, Title VII, or the Railway Labor Act (RLA), but vacated the district court's ruling on the Disability Benefits Law (DBL) for further proceedings.
• City of S. Lake Tahoe v. Cal. Tahoe Reg'l Planning Agency
  449 U.S. 1039· U.S.· 1980-12-08 ·cited 26×
• DRY Creek Lodge, Inc. v. Arapahoe AND Shoshone Tribes
  623 F.2d 682· 10th Cir.· 1980-06-20 ·cited 26×
  The court must dismiss the claims against the tribes due to tribal immunity, as Congress has not provided for such actions in federal court.
• Blue Cross Ass'n v. Harris
  622 F.2d 972· 8th Cir.· 1980-06-06 ·cited 26×
  The Secretary is authorized by the experimental statute to solicit and enter into fixed-price contracts with any agency, institution, or organization, not limited to those nominated by healthcare providers, for the purpose of conducting experiments to determine the most effective
• Spates v. Manson
  619 F.2d 204· 2d Cir.· 1980-04-08 ·cited 26×
  The court held that the district court's order, which required the defendants to submit a plan for improving legal assistance to prisoners, was not a final appealable order under 28 U.S.C. § 1291.
• Energy Consumers & Producers Ass'n, Inc. v. Dep't OF Energy
  632 F.2d 129· Temp. Emer. Ct. App.· 1980-04-04 ·cited 26×
  The court held that the Federal Energy Administration's Ruling 1975-12, Part III, was void for failing to comply with the notice and comment requirements of the Administrative Procedure Act and the Federal Energy Administration Act.
• Smith v. Sheriff Mike Sullivan
  611 F.2d 1039· 5th Cir.· 1980-02-14 ·cited 26×
  A federal court cannot impose a jail population limit solely to comply with state law; such a limit must be tied to remedying a federal constitutional violation after a hearing.
• United States v. Mattson
  600 F.2d 1295· 9th Cir.· 1979-07-17 ·cited 26×
  The United States may not bring suit to protect the constitutional rights of mentally retarded individuals without express statutory approval, even if alleging inhumane conditions.
• Marshall v. Whirlpool Corp. & Empire-Detroit Steel Div.
  593 F.2d 715· 6th Cir.· 1979-02-22 ·cited 26×
  The Secretary of Labor's regulation protecting employees who refuse to work in good faith belief of serious danger is valid and consistent with the Occupational Safety & Health Act.
• Rogers v. Brockette
  588 F.2d 1057· 5th Cir.· 1979-02-02 ·cited 26×
  A school district has standing to sue state authorities regarding a state statute's conflict with federal law, and the district court's decision on the merits is affirmed.
• Sec. & Exch. Comm'n v. Am. Realty Tr.
  586 F.2d 1001· 4th Cir.· 1978-11-17 ·cited 26×
  Proof of scienter is unnecessary for the SEC to obtain an injunction against future violations of § 17(a) of the Securities Act of 1933, and negligent misstatements or omissions are sufficient.
• ZIM v. W. Publ'g Co.
  573 F.2d 1318· 5th Cir.· 1978-06-02 ·cited 26×
  The court held that the parol evidence rule barred extrinsic evidence to interpret an unambiguous contract term, that Western did not breach the contract by publishing one revised book due to Zim's unreasonable delay, but did breach by publishing another without approval, and tha
• Arthur v. Ewald P. Nyquist
  573 F.2d 134· 2d Cir.· 1978-03-08 ·cited 26×
  The court held that officials sued in their official capacities for injunctive relief are 'persons' under § 1983, and that the district court correctly applied the 'foreseeable consequences' test to find intentional segregation by city appellants.
• Inmates v. Sheriff Owens
  561 F.2d 560· 4th Cir.· 1977-09-16 ·cited 26×
• Weit v. Cont'l Ill. Nat'l Bank & Tr. Co. OF Chicago
  535 F.2d 1010· 7th Cir.· 1976-05-17 ·cited 26×
  The dissenting judge would hold that interlocutory orders denying class certification and regarding notification are immediately appealable under 28 U.S.C. § 1292(a)(1).
• United States v. Hazelwood Sch. Dist.
  534 F.2d 805· 8th Cir.· 1976-04-20 ·cited 26×
  The majority reversed the district court's finding of no discrimination, concluding that statistical evidence and subjective hiring criteria established a prima facie case of employment discrimination under Title VII.
• Lanier Ramer v. Saxbe
  522 F.2d 695· D.C. Cir.· 1975-11-06 ·cited 26×
  The court held that the Bureau of Prisons' policy statements are subject to disclosure under the Administrative Procedure Act, either through publication or public availability.
• United States v. Alaska
  422 U.S. 184· U.S.· 1975-06-23 ·cited 26×
  The Court held that the enforcement of fish and wildlife regulations, even if continuous and geographically extensive, is insufficient to establish a claim of historic title to inland waters if it does not demonstrate an assertion of power to exclude all foreign vessels.
• Wulff v. Singleton
  508 F.2d 1211· 8th Cir.· 1974-12-31 ·cited 26×
  Physicians have standing to challenge a state statute that restricts abortion funding, and the statute is unconstitutional on its face for violating the Equal Protection Clause.
• Willits v. Richardson
  497 F.2d 240· 5th Cir.· 1974-07-18 ·cited 26×
  The court held that the district court erred in dismissing the action under the tax anti-injunction statute because the IRS's jeopardy assessment was based on insufficient evidence and the plaintiff lacked an adequate remedy at law.
• Env't Def. Fund, Inc. v. Callaway
  497 F.2d 1340· 8th Cir.· 1974-06-03 ·cited 26×
  The court held that the Environmental Impact Statement (EIS) filed under NEPA was adequate and that the district court did not abuse its discretion in taxing costs.
• Bowe v. Colgate
  489 F.2d 896· 7th Cir.· 1973-11-28 ·cited 26×
  The court held that while the injunctive relief was adequate, the back pay awards were improperly calculated and must be recomputed. The court affirmed the district court's seniority remedies but reversed its decision on back pay, remanding for further proceedings.
• Tang v. App. Div. OF the NEW York Supreme Court
  487 F.2d 138· 2d Cir.· 1973-10-19 ·cited 26×
• Tornillo v. The Miami Herald Publ'g Co.
  287 So. 2d 78· Fla.· 1973-07-18 ·cited 26×
  Pat Tornillo, a legislative candidate, sought to compel the Miami Herald to publish his replies to editorials attacking his character under Florida Statute 104.38, a right-of-reply law. The Florida Supreme Court upheld the statute as constitutional, holding that it enhances rathe
• Sullivan v. Houston Indep. Sch. Dist.
  475 F.2d 1071· 5th Cir.· 1973-03-15 ·cited 26×
  The court held that while the initial hearing before the principal may have been procedurally flawed due to his personal involvement, subsequent de novo appellate hearings cured this defect, and the student's flagrant disregard for school regulations justified his suspension.
• Higginbotham v. Barrett
  473 F.2d 745· 5th Cir.· 1973-02-14 ·cited 26×
  The court held that plaintiffs lacked standing to sue under the Federal Water Pollution Control Act and that their claims against county officials based on due process and equal protection were not substantial federal questions.
• Buffler v. Elec. Computer Programming Inst., Inc.
  466 F.2d 694· 6th Cir.· 1972-08-30 ·cited 26×
  An order granting a preliminary injunction against arbitration proceedings is an appealable interlocutory order under 28 U.S.C. § 1292(a)(1), and the district court improvidently exercised its discretion in issuing such an injunction without sufficient basis.
• Burlington N., Inc. v. Interstate Commerce Comm'n
  462 F.2d 280· D.C. Cir.· 1972-01-31 ·cited 26×
  The court held that the Interstate Commerce Commission's demand for future budget and income forecasts was not authorized by Section 20(5) of the Interstate Commerce Act, as its investigatory powers are limited to accounting and explanatory records, not projections.
• Winters v. Alan D. Miller, M.D.
  446 F.2d 65· 2d Cir.· 1971-05-26 ·cited 26×
  The court held that the appellant's constitutional rights were not violated by fingerprinting and photographing, and that the trial court's grant of summary judgment for the defendants should be affirmed.
• United Transp. Union v. ST. Paul Union Depot Co.
  434 F.2d 220· 8th Cir.· 1970-11-13 ·cited 26×
  The court held that a long-standing, known, and acquiesced-in practice of unilaterally abolishing job assignments, even if not an express contractual term, is part of the status quo under the Railway Labor Act and can be maintained during negotiations.
• Jones v. Branigin
  433 F.2d 576· 6th Cir.· 1970-10-21 ·cited 26×
  A district judge may dismiss a complaint for lack of a substantial constitutional question without convening a three-judge court, and such dismissal is appealable to the Court of Appeals.
• Vincente Gatica Startti v. United States
  415 F.2d 1115· 5th Cir.· 1969-09-12 ·cited 26×
  The court held that the district court did not abuse its discretion in denying a prisoner's request to file a civil complaint in forma pauperis.