Injunctive Relief

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

• Nev. Power Co. v. Watt
  711 F.2d 913· 10th Cir.· 1983-06-16 ·cited 24×
  The court held that the Secretary of the Interior must consider the reasonableness factors listed in FLPMA § 304(b) when assessing costs for processing rights-of-way applications, as the word 'may' in this context imposes a mandatory duty. The court also found that the agency fai
• State OF Cal. v. Harvier
  700 F.2d 1217· 9th Cir.· 1983-03-04 ·cited 24×
  The court held that an order dismissing a complaint but not the underlying action is not a final order and thus not appealable, absent special circumstances showing the action cannot be saved by amendment.
• Darcia M. Fleury v. Harper & ROW
  698 F.2d 1022· 9th Cir.· 1983-02-09 ·cited 24×
  The court held that the cause of action for libel and invasion of privacy accrued on the date of the book's first general distribution to the public, not upon the author's selected publication date or when the plaintiff discovered the defamation.
• Rocky Mountain OIL & GAS Ass'n v. Watt
  696 F.2d 734· 10th Cir.· 1982-11-30 ·cited 24×
  The court held that the Department of the Interior's interpretation of FLPMA section 603(c) as applying the nonimpairment standard to all mineral leasing activities was erroneous, and that the standard applies only to existing uses as of October 21, 1976.
• Bishop v. Comm. ON Prof'l Ethics & Conduct OF the Iowa State BAR Ass'n & its Chairman
  686 F.2d 1278· 8th Cir.· 1982-08-17 ·cited 24×
  The court held that the plaintiff's individual claims were moot due to the revocation of his law license, and the class action was improperly certified because the plaintiff was not an adequate representative. Therefore, the case must be dismissed.
• Hudson v. Robinson
  678 F.2d 462· 3d Cir.· 1982-05-18 ·cited 24×
  The court held that the plaintiff failed to demonstrate an unconstitutional denial of access to the courts, and that certain issues were moot due to voluntary changes made by the defendants.
• Perfect FIT Indus., Inc. v. Acme Quilting Co., Inc.
  673 F.2d 53· 2d Cir.· 1982-03-05 ·cited 24×
  The court held that the district court properly imposed a contingent fine to compel compliance with its injunctive orders and that the amount was not an abuse of discretion.
• United States v. AN Article OF Drug
  661 F.2d 742· 9th Cir.· 1981-11-16 ·cited 24×
  The court held that the district court did not err in condemning seized animal drugs and enjoining their distribution, affirming the judgment.
• Shirey v. Bensalem Twp. & Bristol Borough & Bristol Twp. & Buckingham Twp. & Falls Twp. & Middletown Twp. & Tullytown Borough & Warminster Twp. & City of Philadelphia & Police Chief Michaels
  663 F.2d 472· 3d Cir.· 1981-11-12 ·cited 24×
  The court held that an order dismissing a complaint as to one of multiple plaintiffs, without a Rule 54(b) certification, is not immediately appealable under 28 U.S.C. § 1291, nor is it an appealable interlocutory order denying an injunction under 28 U.S.C. § 1292(a)(1).
• Mitchum v. Purvis
  650 F.2d 647· 5th Cir.· 1981-07-13 ·cited 24×
  The court held that a prisoner's section 1983 action cannot be summarily dismissed for docket control or to discourage suits, even if the prisoner has been transferred from the facility where the alleged violations occurred.
• Dep't OF Bus. Reg. v. Provende, Inc.
  399 So. 2d 1038· Fla. 3d DCA· 1981-06-09 ·cited 24×
  The circuit court improperly exercised its jurisdiction to issue a temporary injunction because the petitioner had an adequate remedy at law and failed to establish a likelihood of success on the merits of its due process claim.
• Gen. Foods Corp. & Rich-SeaPak Corp. v. The Mass. Dep't OF Pub. Health
  648 F.2d 784· 1st Cir.· 1981-05-13 ·cited 24×
  A member of a trade association who finances litigation brought by the association on behalf of its members is bound by the judgment, but a related corporation is not bound solely by the other corporation's membership and stock ownership.
• L. H. v. Jamieson
  643 F.2d 1351· 9th Cir.· 1981-05-01 ·cited 24×
  The district court erred in dismissing the action under Younger abstention, and while Pullman abstention is appropriate, the case should be remanded to allow for state court determination of the state law claim.
• Corrinne Sutter v. Pitts
  639 F.2d 842· 1st Cir.· 1981-02-11 ·cited 24×
  The federal court properly abstained from hearing a civil rights claim that was essentially a dispute over child custody, as such matters fall under the domestic relations exception to diversity jurisdiction.
• Concerned Citizens ON I-190 v. Sec'y OF Transp.
  641 F.2d 1· 1st Cir.· 1981-02-09 ·cited 24×
  The court held that the Environmental Impact Statement (EIS) adequately addressed potential environmental dangers, public hearings were sufficient, and the determination regarding recreation land was proper, thus affirming the denial of a preliminary injunction.
• Bibi Angola (former name Beatrice Watson) v. Civiletti
  666 F.2d 1· 2d Cir.· 1981-01-06 ·cited 24×
  The court held that the plaintiff's complaint, alleging that government officials used intimidation and harassment tactics against her and her associates to coerce her cooperation, was legally sufficient to withstand a motion to dismiss.
• Marshall v. Lancarte
  632 F.2d 1196· 5th Cir.· 1980-12-15 ·cited 24×
  The court held that the district court erred in denying prejudgment interest on back wages awarded under section 17 of the FLSA, but affirmed the district court's findings on backpay and other violations.
• Aladdin's Castle, Inc. v. The City OF Mesquite
  630 F.2d 1029· 5th Cir.· 1980-11-17 ·cited 24×
  The court held that the ordinance's "connection with criminal elements" language is void for vagueness, violating due process, but affirmed the district court's upholding of the age restriction.
• Eldred S. Wallace and Jeannie R. Wallace v. King
  626 F.2d 1157· 4th Cir.· 1980-07-01 ·cited 24×
  A search warrant is not constitutionally required to search a third person's premises for a suspect named in a valid arrest warrant, provided officers have a reasonable belief the suspect is present.
• Adolph Lyons v. City OF LOS Angeles
  615 F.2d 1243· 9th Cir.· 1980-03-28 ·cited 24×
  The court held that the plaintiff had standing to challenge the police department's use of strangleholds, distinguishing the case from prior Supreme Court precedent that required stricter standing requirements for structural injunctions.
• Adams v. Cuyler
  592 F.2d 720· 3d Cir.· 1979-02-09 ·cited 24×
  Prisoners transferred under Article IV of the Interstate Agreement on Detainers are entitled to the procedural safeguards provided in the Uniform Criminal Extradition Act.
• Vill. Fair Shopping Ctr. Co. v. The SAM Broadhead Tr.
  588 F.2d 431· 5th Cir.· 1979-01-24 ·cited 24×
  The court held that the principal place of business of a corporation is determined by the 'total activity' test, and the trial court erred in finding diversity lacking based on the corporation's largest single investment.
• Pence v. Andrus
  586 F.2d 733· 9th Cir.· 1978-11-22 ·cited 24×
  Appellants lack standing to challenge the new regulations on general due process grounds, but have standing to argue whether the regulations comply with the prior mandate in Pence I, which they do.
• R.I. Hosp. v. Califano
  585 F.2d 1153· 1st Cir.· 1978-10-27 ·cited 24×
  The court held that the district court lacked subject matter jurisdiction over the Medicare dispute because the hospital failed to exhaust administrative remedies as required by 42 U.S.C. § 405(h), and that the Medicaid claim was inextricably tied to the Medicare dispute, thus al
• Chinese FOR Affirmative Action v. Leguennec
  580 F.2d 1006· 9th Cir.· 1978-08-25 ·cited 24×
  The court held that the dismissal of the complaint as premature and based on good faith was error, and the case was not necessarily moot.
• Div. 1287, Amalgamated Transit Union, AFL-CIO v. Kan. City Area Transp. Auth.
  582 F.2d 444· 8th Cir.· 1978-08-21 ·cited 24×
  A dispute concerning a § 13(c) agreement, entered into under the Urban Mass Transportation Act, arises under federal law and is thus within federal court jurisdiction.
• Porter v. Freeman
  577 F.2d 329· 5th Cir.· 1978-07-31 ·cited 24×
  The court held that the district court erred in denying injunctive relief and entering judgment for the defendants, as the underrepresentation of women on jury rolls was not satisfactorily cured.
• Reuss v. Balles
  584 F.2d 461· D.C. Cir.· 1978-07-07 ·cited 24×
  The dissent argues that the appellant has standing to challenge the constitutionality of the Federal Open Market Committee's composition, based on precedent from Buckley v. Valeo.
• SCM Corp. v. Fed. Trade Comm'n
  565 F.2d 807· 2d Cir.· 1977-12-23 ·cited 24×
  Section 8 of the Clayton Act, regulating interlocking directorates, applies to corporations as well as individual directors. However, the FTC may have applied the wrong legal standard in issuing a cease and desist order, requiring remand.
• Richardson v. McFADDEN
  563 F.2d 1130· 4th Cir.· 1977-10-12 ·cited 24×
• Griffin v. United States
  537 F.2d 1130· Temp. Emer. Ct. App.· 1976-06-08 ·cited 24×
  Royalty owners subject to the two-tier crude oil pricing system did not have their property taken for public use for which they may recover compensation from the United States.
• Advocates FOR the Arts v. Meldrim Thomson, Jr.
  532 F.2d 792· 1st Cir.· 1976-03-31 ·cited 24×
  The First Amendment does not prohibit state officials from denying a grant-in-aid to a literary magazine based on their subjective judgment of the content of a past publication, as this is not a prior restraint on speech.
• Hanneman v. Breier
  528 F.2d 750· 7th Cir.· 1976-01-06 ·cited 24×
  Disciplinary action against police officers for disclosing a police investigation, after its existence was already public, violated their First and Fourteenth Amendment rights.
• Muzquiz v. City OF SAN Antonio
  520 F.2d 993· 5th Cir.· 1975-10-08 ·cited 24×
  The Pension Fund Board of Trustees is not a 'person' amenable to suit under 42 U.S.C. § 1983, but its individual members are. The no-refund provisions of the pension statute are constitutional.
• United Elec. Radio & Mach. Workers OF Am. v. Honeywell Inc.
  522 F.2d 1221· 7th Cir.· 1975-08-27 ·cited 24×
  A union's allegations of an employer's persistent violation of a collective bargaining agreement and prior arbitration awards are insufficient to justify bypassing the contractual arbitration process unless specific criteria are met, which were not alleged here.
• Aldens, Inc. v. Packel
  524 F.2d 38· 3d Cir.· 1975-08-27 ·cited 24×
  Pennsylvania's Goods and Services Installment Sales Act can constitutionally apply to an out-of-state mail-order seller's transactions with Pennsylvania residents, as Pennsylvania has a sufficient interest and the Act does not violate the Due Process, Full Faith and Credit, or Co
• Bryan v. Werner
  516 F.2d 233· 3d Cir.· 1975-05-07 ·cited 24×
  Prison regulations restricting inmate law clinic assistance in suits against the institution and censoring outgoing mail may violate constitutional rights if they impede access to the courts without reasonable alternatives. The court affirmed the dismissal of some claims but reve
• Ortwein v. MacKey
  511 F.2d 696· 5th Cir.· 1975-04-21 ·cited 24×
  The court held that the plaintiff's liberty interest was not infringed by the non-renewal of his contract because there was no public dissemination of derogatory information, and he had no property interest in continued employment.
• Civil Aeronautics Bd. v. Carefree Travel, Inc.
  513 F.2d 375· 2d Cir.· 1975-03-07 ·cited 24×
  The court held that referring the preliminary injunction question to a magistrate was proper under the circumstances, and the preliminary injunction was correctly issued.
• Goode v. Rizzo
  506 F.2d 542· 3d Cir.· 1974-11-01 ·cited 24×
  The court affirmed the injunctive relief granted by the district court but vacated and remanded the award of counsel fees for further proceedings due to lack of clear explanation.
• Hamilton v. MacDONALD
  503 F.2d 1138· 9th Cir.· 1974-09-12 ·cited 24×
  The court held that the Navajo Tribe's appeals lacked merit, affirming the district court's Order of Compliance and implementation plan, as prior rulings on jurisdiction and equitable relief were binding and the arguments raised were either foreclosed or without merit.
• The Williams & Wilkins Co. v. The United States
  487 F.2d 1345· Ct. Cl.· 1973-11-27 ·cited 24×
  The dissenting judge believes the majority erred in its interpretation and application of copyright law, particularly regarding fair use and the court's power to enjoin. The dissent argues that the court should not have altered the trial judge's findings.
• Petersen v. Talisman Sugar Corp.
  478 F.2d 73· 5th Cir.· 1973-05-03 ·cited 24×
  The court held that the company's labor camp, functioning as a company town, is subject to First Amendment restraints, requiring reasonable access for the public to communicate with workers, and that the plaintiffs have standing to assert their own rights to disseminate informati
• Potomac Passengers Ass'n v. Chesapeake & Ohio Ry. Co. & Baltimore & Ohio R.R. Co.
  475 F.2d 325· D.C. Cir.· 1973-01-05 ·cited 24×
  Injured and aggrieved parties have standing to seek injunctions against violations of the Rail Passenger Service Act, despite the Act's specific provisions for the Attorney General and employees.
• Int'l Bhd. of Elec. Workers v. Wash. Terminal Co.
  473 F.2d 1156· D.C. Cir.· 1972-12-19 ·cited 24×
  The court held that the dispute over the assignment of incidental work is a 'minor dispute' under the Railway Labor Act, and therefore falls within the exclusive jurisdiction of the National Railroad Adjustment Board, not the district court.
• Wilson v. Webster
  467 F.2d 1282· 9th Cir.· 1972-10-10 ·cited 24×
  The court held that while the refusal of injunctive relief was proper due to changed circumstances, the dismissal of the claim for cancellation of arrest records was premature and required a full hearing.
• Palaio v. Hinson McAULIFFE
  466 F.2d 1230· 5th Cir.· 1972-09-21 ·cited 24×
  Federal courts should not intervene in state civil proceedings that are an integral part of the state's criminal law enforcement, absent special circumstances.
• Virvus Jones v. Snead
  431 F.2d 1115· 8th Cir.· 1970-10-01 ·cited 24×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction for student reinstatement, as a complete record and final judgment are necessary for appellate review of due process claims.
• Stamler v. Hon. Edwin E. Willis
  415 F.2d 1365· 7th Cir.· 1969-08-05 ·cited 24×
  The court held that while the action against Congressional defendants could be dismissed due to the Speech or Debate Clause and availability of relief against other parties, the dismissal of the Attorney General and U.S. Attorney was improper and the case should be remanded for c
• Brigade v. Chief OF THE Capitol Police
  421 F.2d 1090· D.C. Cir.· 1969-06-20 ·cited 24×
  The court held that the case was not moot, the constitutional question was substantial, and a three-judge District Court should have been convened to hear the case.