Injunctive Relief

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

• MacArthur Sylvester REX v. Owens
  585 F.2d 432· 10th Cir.· 1978-10-04 ·cited 25×
  The court held that the plaintiff's claim was not moot under the 'capable of repetition, yet evading review' doctrine, but affirmed the denial of class certification due to lack of evidence.
• Jethro Horn v. Associated Wholesale Grocers, Inc.
  555 F.2d 270· 10th Cir.· 1977-05-11 ·cited 25×
  The court held that the class action should have been certified at the earliest possible time and that injunctive relief should have been granted, as the trial court found employment discrimination existed as to the class. It also held that the plaintiff could represent the class
• Uni-Chem Corp. OF Fla., Inc. v. Maret
  338 So. 2d 885· Fla. 3d DCA· 1976-10-26 ·cited 25×
  Uni-Chem Corporation sought a temporary injunction to enforce a non-compete agreement against former salesmen who violated the covenant by immediately joining a competitor. The trial court denied the temporary injunction, and the appellate court affirmed, holding that even with a
• State of Fla. & Bd. of Trs. of the Internal Improvement Tr. Fund v. Fla. Nat'l Props., Inc.
  338 So. 2d 13· Fla.· 1976-07-14 ·cited 25×
  Florida's Supreme Court held that Section 253.151, Florida Statutes, which attempted to fix permanent boundary lines between state sovereignty lands and riparian private property at historical water levels, is unconstitutional in its entirety. The court affirmed that the true bou
• Nebraskans FOR Indep. Banking, Inc. v. The Omaha Nat'l Bank
  530 F.2d 755· 8th Cir.· 1976-02-03 ·cited 25×
  The court held that a drive-in banking facility, which receives deposits and pays checks, constitutes a branch bank under federal law, irrespective of state law definitions.
• Michael v. Costello
  525 F.2d 1239· 5th Cir.· 1976-01-15 ·cited 25×
  The dissenting judge held that the district court's order was impossible for the defendant to comply with without violating Florida law, and that a three-judge court should have been convened.
• POE v. Gerstein
  517 F.2d 787· 5th Cir.· 1975-08-18 ·cited 25×
  The court held that Florida's statutory requirement for parental consent for a minor's abortion, and spousal consent for a married woman's abortion, are unconstitutional infringements on fundamental rights.
• Sierra Club v. Stamm
  507 F.2d 788· 10th Cir.· 1974-11-29 ·cited 25×
  The court held that the Final Environmental Statement for the Strawberry Aqueduct and Collection System complied with NEPA, and that the system constituted a "major Federal action" independent of the larger Central Utah Project.
• Friendship Med. Ctr., Ltd. v. The Chicago Bd. OF Health
  505 F.2d 1141· 7th Cir.· 1974-10-30 ·cited 25×
  The court held that regulations exclusively applicable to abortion procedures, even if not limited to the first trimester, violate the right to privacy. However, generally applicable medical regulations, including those incidentally affecting first-trimester abortions, are permis
• Salem INN, Inc. v. Frank
  501 F.2d 18· 2d Cir.· 1974-06-25 ·cited 25×
  The court held that federal courts should not intervene in pending state criminal prosecutions absent a showing of bad faith, harassment, or other special circumstances, even if the federal suit was filed first.
• State v. Caspar W. Weinberger
  492 F.2d 488· 5th Cir.· 1974-04-10 ·cited 25×
  The court held that the issues of ripeness and standing were met, allowing the case to proceed to a determination on the merits.
• Vicente Galvan and Marcelino Torres v. Levine
  490 F.2d 1255· 2d Cir.· 1973-12-03 ·cited 25×
  The denial of class action designation was affirmed because monetary relief was properly declined and class action status was unnecessary for the injunctive relief granted.
• Ruby v. Taca Int'l Airlines
  439 F.2d 1359· 5th Cir.· 1971-03-24 ·cited 25×
  The court held that the district court had jurisdiction over the major dispute and the power to issue injunctive relief, and that the injunction was not overly broad.
• Gray v. Morgan
  371 F.2d 172· 7th Cir.· 1966-12-22 ·cited 25×
  Federal courts are prohibited from enjoining the collection of state taxes when a plain, speedy, and efficient remedy exists in state courts, and the Civil Rights Act does not override this prohibition for tax disputes.
• The Quinault Tribe OF Indians OF the Quinault Reservation IN the State OF Wash. v. Gallagher
  368 F.2d 648· 9th Cir.· 1966-09-19 ·cited 25×
  The court held that a newly enacted jurisdictional statute, 28 U.S.C. § 1362, applies to pending appeals and grants jurisdiction to the Indian tribe, but the tribe's claims regarding state assumption of jurisdiction fail to state a claim upon which relief can be granted.
• Thompson v. Charlie Squibb et ux.
  183 So. 2d 30· Fla. 2d DCA· 1966-01-21 ·cited 25×
  Thompson owned a portion of a lot in a residential subdivision subject to restrictive covenants requiring residential-only use. She constructed a roadway across her lot to connect the Thompson Estates subdivision with the neighboring Mobile Home Estates. The trial court granted a
• Dudley v. Orange Cnty.
  137 So. 2d 859· Fla. 2d DCA· 1962-02-16 ·cited 25×
  Property owners sought injunctive relief and damages after Orange County built dams on Long Lake that allegedly raised water levels during a natural disaster, causing flooding of their lands and businesses. The trial court denied relief, finding the county's actions were temporar
• Fontainebleau Hotel Corp. v. Kaplan
  108 So. 2d 503· Fla. 3d DCA· 1959-01-22 ·cited 25×
  A medical doctor (Kaplan) leased office space in a hotel to operate a medical clinic and sued for breach of lease when the hotel brought in another doctor and referred patient inquiries elsewhere. The court held the lease was non-exclusive but granted injunctive relief against re
• Homan MFG. Co., Inc. v. Long
  242 F.2d 645· 7th Cir.· 1957-02-04 ·cited 25×
  The court held that summary judgment for the taxpayer was improvidently granted because genuine issues of material fact existed, and the taxpayer's claim of arbitrariness was not sufficiently established to bypass statutory bars to injunctive relief.
• Williams v. Reckitt Benckiser LLC
  65 F.4th 1243· 11th Cir.· 2023-04-12 ·cited 24×
  The Eleventh Circuit vacated a district court's approval of a class-action settlement in a lawsuit alleging that Reckitt Benckiser falsely marketed its Neuriva brain supplements as clinically proven, holding that the named plaintiffs lacked Article III standing to seek injunctive
• Tokyo Gwinnett, LLC v. Gwinnett Cnty.
  940 F.3d 1254· 11th Cir.· 2019-10-11 ·cited 24×
  Tokyo Valentino, an adult entertainment business, challenged Gwinnett County's business licensing and adult entertainment ordinances under federal law, first suing in 2015 and later amending its complaint after the County enacted replacement ordinances. The Eleventh Circuit held
• Weaver v. Stephen C. Myers, M.D.
  229 So. 3d 1118· Fla.· 2017-11-09 ·cited 24×
  The Florida Supreme Court held that the 2013 amendments to sections 766.106 and 766.1065, which authorize secret ex parte interviews with treating physicians as part of medical malpractice presuit discovery, violate the constitutional right to privacy and unlawfully condition the
• Landmark AT Crescent Ridge LP v. Everest Fin., Inc.
  219 So. 3d 218· Fla. 1st DCA· 2017-05-16 ·cited 24×
  The court held that the petition for certiorari must be dismissed because the petitioner failed to demonstrate that the trial court's order denying the motion to dissolve the lis pendens caused irreparable harm that cannot be corrected on appeal.
• Atwater v. Kortum
  95 So. 3d 85· Fla.· 2012-07-05 ·cited 24×
  The Florida Supreme Court affirmed the First District Court of Appeal's decision striking down a statute prohibiting public adjusters from initiating contact with insurance claimants during a 48-hour period after a claim-producing event. The Court held that the statute regulates
• Brown v. Plata
  563 U.S. 493· U.S.· 2011-05-23 ·cited 24×
  The Supreme Court affirmed a three-judge district court order requiring California to reduce its prison population to 137.5% of design capacity within two years to remedy severe, ongoing Eighth Amendment violations in the provision of medical and mental health care to prisoners.
• Holt v. O'Brien Imports OF Fort Myers, Inc.
  862 So. 2d 87· Fla. 2d DCA· 2003-11-14 ·cited 24×
  The court reversed an order compelling arbitration of consumer claims against a car dealer, finding the arbitration agreement unenforceable because it failed to authorize injunctive relief required by statute and contained an attorney's fee provision that contradicted statutory f
• Martin and Linda Parlato v. Secret Oaks Owners Ass'n & State of Fla.
  793 So. 2d 1158· Fla. 1st DCA· 2001-09-13 ·cited 24×
  The Florida First District Court of Appeal reversed the Department of Environmental Protection's denial of a permit for the Secret Oaks Owners Association to construct a dock on the St. Johns River. The court held that an easement granting all subdivision landowners river access
• The Fla. Senate v. Fla. Pub. Emps. Council 79
  784 So. 2d 404· Fla.· 2001-04-18 ·cited 24×
  The Florida Supreme Court held that a circuit court lacked authority to enjoin the Legislature's Joint Select Committee on Collective Bargaining from holding a public hearing on a labor impasse dispute. The court granted a writ of prohibition, finding that the injunction impermis
• Minnesota v. Mille Lacs Band of Chippewa Indians
  526 U.S. 172· U.S.· 1999-03-24 ·cited 24×
  The dissent argues that the majority's dicta regarding the 1837 Treaty's curtailment of Minnesota's regulatory authority is unsupported by the treaty's plain language or historical evidence.
• W.J. Spradley, Jr. v. OLD Harmony Baptist Church
  721 So. 2d 735· Fla. 1st DCA· 1998-07-27 ·cited 24×
  The court reversed an injunctive order issued by the trial court that imposed requirements on the appellants regarding use of disputed property by a church, finding the injunction was legally insufficient because it was entered sua sponte without a proper request, contained manda
• First Union Nat'l Bank OF Fla., N.A. v. Peoples Nat'l Bank OF Commerce
  644 So. 2d 538· Fla. 3d DCA· 1994-10-05 ·cited 24×
  First Union National Bank and other defendants appealed a trial court order that dismissed defendant Alden Pond from the complaint but retained it as an indispensable party and ordered it to hold sale proceeds in escrow. The appellate court reversed the injunctive escrow provisio
• Victor v. Dean Witter Reynolds, Inc.
  606 So. 2d 681· Fla. 5th DCA· 1992-09-25 ·cited 24×
  The Victors sued Dean Witter Reynolds in arbitration over an allegedly unsuitable investment, and Dean Witter sought a judicial determination that the claims were time-barred before arbitration proceeded. The Florida Fifth District Court of Appeal reversed the temporary injunctio
• The Sec'y v. Blackwell
  908 F.2d 864· 11th Cir.· 1990-08-09 ·cited 24×
  The court held that the Administrative Law Judge's (ALJ) decision and order finding racial discrimination under the Fair Housing Act were supported by substantial evidence on the record as a whole.
• Bobby Watts, M.D. v. John H. Burkhart, M.D.
  854 F.2d 839· 6th Cir.· 1988-08-12 ·cited 24×
  The court held that the district court erred in dismissing the equal protection claim but was correct in dismissing the due process claim because state remedies were adequate.
• Sundance Land Corp. v. Cmty. First Fed. Sav. & Loan Ass'n
  840 F.2d 653· 9th Cir.· 1988-02-23 ·cited 24×
  Sundance has standing to seek injunctive relief under HOLA because its injury is a foreseeable consequence of the alleged illegal loan, but it lacks standing to seek damages due to the indirect nature of its injury.
• Bunch v. Nat Bullard
  795 F.2d 384· 5th Cir.· 1986-07-21 ·cited 24×
  The court held that the district court erred by improperly placing the burden on plaintiffs to prove the job-relatedness of discriminatory employment tests, and that the city failed to meet its burden of proving the tests' validity.
• Ky. W. Va. GAS Co. v. Pa. Pub. Util. Comm'n
  791 F.2d 1111· 3d Cir.· 1986-06-02 ·cited 24×
  The court held that the district court erred in abstaining under Burford and Younger doctrines because the plaintiffs' preemption claims presented federal questions inappropriate for abstention and the procedural posture did not warrant Younger abstention.
• Getelman v. Burton R. Levey
  481 So. 2d 1236· Fla. 3d DCA· 1985-12-31 ·cited 24×
  In this fraud and breach of fiduciary duty case, Getelman purchased Levey's half-interest in a property for $100,000 without disclosing that the City of Miami had already contacted him about acquiring the property, which ultimately sold for $750,000. The court affirmed the jury v
• Midwest Commc'ns, Inc. v. Minn. Twins, Inc.
  779 F.2d 444· 8th Cir.· 1985-12-12 ·cited 24×
  The court held that WCCO lacked standing to pursue its federal and state antitrust claims because it did not suffer an antitrust injury, and affirmed the district court's dismissal of these claims.
• Murphy v. Int'l Union OF Operating Eng'rs
  774 F.2d 114· 6th Cir.· 1985-09-30 ·cited 24×
  The court held that manipulating a union's work referral system to discriminate against a member for exercising their rights is actionable under the LMRDA, and that a union's deliberate stacking of a disciplinary hearing tribunal violates the right to a full and fair hearing.
• Jersey Cent. Power & Light Co. v. Twp. OF Lacey
  772 F.2d 1103· 3d Cir.· 1985-09-06 ·cited 24×
  The court held that the township's ordinances prohibiting the importation and storage of spent nuclear fuel are preempted by the Atomic Energy Act and the Hazardous Materials Transportation Act, and are therefore invalid under the Supremacy Clause.
• Tandy Corp. v. Malone & Hyde, Inc.
  769 F.2d 362· 6th Cir.· 1985-07-31 ·cited 24×
  The court held that the district court erred by failing to give presumptive effect to the analogous statute of limitations when applying the equitable defense of laches in a trademark infringement case.
• Crane v. State OF Tex.
  759 F.2d 412· 5th Cir.· 1985-05-02 ·cited 24×
  The Eleventh Amendment does not grant immunity to counties, and Texas counties are not unique entities that should be excepted from this rule. Therefore, Dallas County is subject to suit in federal court.
• Conan Props., Inc. v. Conans Pizza, Inc.
  752 F.2d 145· 5th Cir.· 1985-02-04 ·cited 24×
  The dissenting judge believes the injunction should prohibit the defendant's use of the name CONAN outside of Austin to prevent continued confusion and protect the plaintiff's goodwill.
• W. Gulf Mar. Ass'n v. ILA Deep SEA Local 24
  751 F.2d 721· 5th Cir.· 1985-01-07 ·cited 24×
  The court held that the district court abused its discretion by denying the union's motion to dismiss the Texas action, as a prior-filed action in New York presented the same core issues regarding the validity of an arbitration award.
• Donovan v. Grim Hotel Co.
  747 F.2d 966· 5th Cir.· 1984-12-03 ·cited 24×
  Five hotel corporations operating under common control constitute a single 'enterprise' under the Fair Labor Standards Act, and their president, who exercised substantial operational control, is personally liable as an 'employer'.
• ST. Lawrence Co., N.V. v. Alkow Realty, Inc.
  453 So. 2d 514· Fla. 4th DCA· 1984-08-01 ·cited 24×
  A temporary mandatory injunction freezing $250,000 in sale proceeds to secure a brokerage commission claim was reversed because an action for money damages on an oral contract does not qualify for equitable relief merely because collectibility is uncertain.
• AIR Cargo Inc. v. Local Union 851
  733 F.2d 241· 2d Cir.· 1984-04-26 ·cited 24×
  The court held that disputes concerning proposed changes to collective bargaining agreement terms, including work assignments during layoffs and reporting locations, are 'major disputes' under the Railway Labor Act, and thus fall under the exclusive jurisdiction of the district c
• Presinzano v. Hoffman-La Roche, Inc.
  726 F.2d 105· 3d Cir.· 1984-02-02 ·cited 24×
  The court held that administrative agencies have broad discretion in deciding whether to initiate enforcement proceedings, and this discretion is not limited by regulations that suggest conciliation efforts. The court also found jurisdiction to hear the appeal.
• Tovar v. C.G. Billmeyer
  721 F.2d 1260· 9th Cir.· 1983-12-15 ·cited 24×
  The court held that the district court's granting of summary judgment was improper under controlling precedent.