Injunctive Relief

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

• Howfield, Inc. v. United States
  409 F.2d 694· 9th Cir.· 1969-03-19 ·cited 24×
  The court held that an action seeking only suppression of evidence, without a request for return of property, is not a final appealable order when the property has been returned. It also held that a counterclaim seeking injunctive relief against IRS summons enforcement was proper
• United Fed'n OF Postal Clerks, AFL-CIO v. Watson
  409 F.2d 462· D.C. Cir.· 1969-02-27 ·cited 24×
  The court held that employees required to work on their regularly scheduled days off, even during temporary schedule changes, are entitled to overtime pay under the Federal Employees Salary Comparability Act of 1965.
• Home Dev. Co. OF ST. Petersburg, Inc. v. Bursani
  168 So. 2d 131· Fla.· 1964-10-02 ·cited 24×
  The Florida Supreme Court reviewed a dispute between two 50% stockholders of a real estate development corporation regarding the purchase of one stockholder's shares pursuant to a stock restriction agreement and purchase agreement. The court remanded to the District Court of Appe
• United States v. Ramsey
  331 F.2d 824· 5th Cir.· 1964-02-20 ·cited 24×
  The court held that the district court's finding of no pattern or practice of discrimination was not an abuse of discretion, and affirmed the denial of relief based on freezing.
• Lanier v. Tyson
  147 So. 2d 365· Fla. 2d DCA· 1962-08-22 ·cited 24×
  The court reversed a decree invalidating a 1960 tax assessment of agricultural lands, holding that Florida Statutes § 193.11(3), which requires agricultural lands to be assessed "as agricultural lands" on an acreage basis, does not mandate assessment based solely on agricultural
• Dairy Foods Inc. v. Dairy Maid Prods. Coop.
  297 F.2d 805· 7th Cir.· 1961-12-18 ·cited 24×
  The court held that a counterclaim alleging antitrust violations through a patent pool, which forces the defendant into detrimental business choices, sufficiently states a claim for injury to business or property under the Clayton Act, and is not premature.
• Sunshine State News Co. v. State
  121 So. 2d 705· Fla. 3d DCA· 1960-06-23 ·cited 24×
  Florida's State Attorney sought a temporary injunction to prevent Sunshine State News Company from distributing a magazine alleged to be obscene under state law. The court upheld the injunction, holding that the 1959 amendment to the obscenity statute did not eliminate the injunc
• Huard-Steinheiser, Inc. v. Henry
  280 F.2d 79· 6th Cir.· 1960-06-17 ·cited 24×
  The court held that the district court did not abuse its discretion in refusing to grant a temporary injunction to restrain the enforcement of demand letters requiring information reports on sales of sugar, rye, and cracked corn.
• Richardson v. Tex. & NEW Orleans R.R. Co.
  242 F.2d 230· 5th Cir.· 1957-03-14 ·cited 24×
  The court held that federal courts have jurisdiction over claims alleging discriminatory representation by a union, even if the collective bargaining agreement itself is not facially discriminatory, and that the railroad can be held jointly liable for damages.
• Carson v. Bd. OF Educ. OF McDOWELL Cnty.
  227 F.2d 789· 4th Cir.· 1955-12-01 ·cited 24×
  The court held that the district court must consider the case in light of the Supreme Court's segregation decision and subsequent state administrative remedies, and should not grant injunctive relief until those remedies are exhausted.
• Fairway Foods, Inc. v. Fairway Mkts., Inc.
  227 F.2d 193· 9th Cir.· 1955-11-09 ·cited 24×
  The court held that the plaintiff's trademark was not infringed because there was no competition or likelihood of confusion, and the defendant's use of the mark did not affect interstate commerce. The court also reversed the injunction against the plaintiff, finding no present im
• The Walmac Co., Inc. v. Isaacs
  220 F.2d 108· 1st Cir.· 1955-03-10 ·cited 24×
  The court held that the district court had federal jurisdiction over the interpleader action based on ancillary jurisdiction, even though the plaintiff and one claimant were co-citizens, and affirmed the denial of injunctive relief, finding no abuse of discretion on the record.
• Milk & ICE Cream Drivers & Dairy Emps. Union v. Gillespie Milk Prods. Corp.
  203 F.2d 650· 6th Cir.· 1953-04-11 ·cited 24×
  The court held that the Labor Management Relations Act authorizes injunctive relief for enforcement of collective bargaining agreements, and the Norris-LaGuardia Act does not prohibit such relief in this context.
• ST. John v. Wis. Emp. Relations Bd.
  340 U.S. 411· U.S.· 1951-02-26 ·cited 24×
  The District Court's reliance on res judicata was erroneous because the Wisconsin Supreme Court later adjudicated the merits of the same issues. However, federal intervention for injunctive and declaratory relief is not necessary or appropriate.
• Corbin v. Cnty. Sch. Bd. of Pulaski Cnty.
  177 F.2d 924· 4th Cir.· 1949-11-14 ·cited 24×
  The court held that while segregation itself was not contested, the disparities in educational facilities and opportunities between white and Negro high school students constituted a violation of the Fourteenth Amendment's Equal Protection Clause.
• Augustine v. Bowles
  149 F.2d 93· 9th Cir.· 1945-04-24 ·cited 24×
  The court held that the trial court did not err in admitting a compilation exhibit of overcharges and in finding that the defendant sold meats at prices exceeding ceiling regulations.
• Inversiones Y Procesadora Tropical Inprotsa, S.A. v. DEL Monte Int'l GMBH
  921 F.3d 1291· 11th Cir.· 2019-04-23 ·cited 23×
  The Eleventh Circuit held that the district court had subject-matter jurisdiction over a petition to vacate an international arbitral award removed from state court, and that the defenses enumerated in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards p
• Eco-Tradition, LLC v. Pennzoil-Quaker State Co.
  137 So. 3d 495· Fla. 4th DCA· 2014-03-26 ·cited 23×
  Eco-Tradition appeals a trial court's grant of partial summary judgment in favor of Pennzoil, which sought injunctive relief to inspect property secured by a mortgage. The Fourth District reversed, holding that summary judgment was improper because Pennzoil failed to present admi
• Bondi v. Tucker
  93 So. 3d 1106· Fla. 1st DCA· 2012-07-24 ·cited 23×
  The Florida Attorney General appealed a circuit court judgment that declared a budget provision unconstitutional, but the court dismissed the appeal for lack of standing because the Attorney General had not participated as a party in the trial court proceedings, even though she s
• Klinow v. Island Court AT Boca W. Prop. Owners' Ass'n, Inc.
  64 So. 3d 177· Fla. 4th DCA· 2011-06-29 ·cited 23×
  The court held that the Homeowners' Association conducted a proper special meeting and obtained the necessary two-thirds majority vote for a proposed beautification project amendment, making it enforceable.
• Hollywood Towers Condo. Ass'n, Inc. v. Hampton
  40 So. 3d 784· Fla. 4th DCA· 2010-06-23 ·cited 23×
  The Florida Fourth District Court of Appeal reversed a trial court's denial of injunctive relief sought by a condominium association to access a unit owner's condominium to repair structural damage to her balcony. The court adopted a deferential standard of review for condominium
• The Crossings AT Fleming Island Cmty. Dev. Dist. v. Echeverri
  991 So. 2d 793· Fla.· 2008-07-03 ·cited 23×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a property appraiser has standing to defensively raise the constitutionality of a statute in a tax suit filed by a taxpayer. The Court held that a property appraiser acting in official capacit
• Fla. Health Scis. Ctr., Inc. v. Elsenheimer
  952 So. 2d 575· Fla. 2d DCA· 2007-03-02 ·cited 23×
  Florida Health Sciences Center (Tampa General Hospital) appealed orders denying its motion to transfer venue and granting class certification in a lawsuit by uninsured patients challenging the hospital's billing and collection practices under the Florida Consumer Collection Pract
• Variable Annuity Life Ins. Co. v. Hausinger
  927 So. 2d 243· Fla. 2d DCA· 2006-05-05 ·cited 23×
  VALIC appeals the denial of a preliminary injunction against a former employee who violated a nonsolicitation agreement by soliciting customers and taking confidential information to a competitor. The court reversed, holding that Florida's statutory presumption of irreparable har
• Hunt v. Hawthorne Assocs., Inc.
  119 F.3d 888· 11th Cir.· 1997-08-05 ·cited 23×
  Harry Hunt, a retired Eastern Air Lines pilot, sought to recover a lump-sum retirement benefit under the Eastern Air Lines Variable Benefit Retirement Plan for Pilots. Eastern, the Plan's administrator, had refused to pay the benefit after the Plan was amended during Eastern's ba
• Estuardo Ramon Estrada Escudero v. Hasbun
  689 So. 2d 1144· Fla. 3d DCA· 1997-02-26 ·cited 23×
  Estuardo Escudero appeals the denial of his motion to dissolve a temporary injunction preventing him from withdrawing funds allegedly belonging to his estranged wife, Silvia Hasbun, under Florida's Civil Theft Statute. The appellate court affirmed the injunction, holding that a c
• Nebraska v. Wyoming
  515 U.S. 1· U.S.· 1995-05-30 ·cited 23×
  The Court erred in allowing Wyoming's Fourth Cross-Claim against the United States to proceed in this original jurisdiction matter, as the claim arises under independent law and seeks injunctive relief not covered by the decree, and other forums are available.
• Lovell Farms, Inc. v. Levy
  641 So. 2d 103· Fla. 3d DCA· 1994-02-15 ·cited 23×
  Lovell Farms sought a temporary injunction to prevent a former employee from working for a competitor and using alleged trade secrets in flower growing techniques. The court affirmed the denial of the temporary injunction but granted certiorari, quashing the denial of a protectiv
• The Jewett Orthopaedic Clinic, P.A. v. George M. White, M.D.
  629 So. 2d 922· Fla. 5th DCA· 1993-12-03 ·cited 23×
  Jewett Orthopaedic Clinic appeals a declaratory judgment invalidating Dr. White's covenant not to compete. The court reverses, holding that physician covenants not to compete are enforceable under Florida Statute § 542.33 if reasonable, not contrary to public health and safety, a
• Luckey v. Zell Miller
  929 F.2d 618· 11th Cir.· 1991-04-23 ·cited 23×
  The law of the case doctrine does not preclude the district court from considering the abstention doctrine when the issue was not explicitly decided or implicitly resolved in prior appellate proceedings.
• Equal Emp. Opportunity Comm'n v. Goodyear Aerospace Corp.
  813 F.2d 1539· 9th Cir.· 1987-04-07 ·cited 23×
  A private settlement between an employee and employer does not moot the EEOC's claim for injunctive relief to vindicate public interest, but it does moot the EEOC's claim for back pay on behalf of that employee.
• In re Johns-Manville Corp. v. The Equity Sec. Holders Comm.
  801 F.2d 60· 2d Cir.· 1986-09-10 ·cited 23×
  The dissent argues the court should affirm the lower court's decision, finding that the Equity Committee's request for a shareholder meeting constitutes an abuse of process and would unduly delay a complex reorganization.
• Terre DU LAC Ass'n, Inc. v. Terre DU LAC, Inc.
  772 F.2d 467· 8th Cir.· 1985-09-09 ·cited 23×
  The court held that the Association lacked associational standing for Land Sales Act claims due to individualized proof requirements, but had standing for RICO claims and stated a claim for antitrust violations.
• Williams v. Internal Revenue Serv.
  745 F.2d 702· D.C. Cir.· 1984-10-09 ·cited 23×
  The court held that the district court properly dismissed statutory and Fifth Amendment claims but erred in dismissing the First Amendment claim, which requires further development.
• The Am. Bank OF Merritt Island v. First Am. Bank & Tr.
  455 So. 2d 443· Fla. 5th DCA· 1984-08-02 ·cited 23×
  The American Bank of Merritt Island appealed the dismissal of its complaint against First American Bank and Trust for trademark infringement and unfair competition. The court reversed, holding that likelihood of customer confusion—not actual confusion—is the proper legal standard
• Vill. OF False Pass v. Clark
  733 F.2d 605· 9th Cir.· 1984-03-12 ·cited 23×
  A 'worst case' analysis of a major oil spill is necessary at the lease sale stage under NEPA and its implementing regulation because the unknown consequences are important to the decision-maker's ability to refrain from leasing.
• Powell v. Defore
  699 F.2d 1078· 11th Cir.· 1983-03-07 ·cited 23×
  Claims for injunctive and declaratory relief under the EAHCA and Rehabilitation Act are moot because the child was removed from special education. Damages and attorney fees are not available under the EAHCA, and the section 504 damage claim fails for lack of evidence of discrimin
• United States Brewers Ass'n, Inc. v. Healy
  692 F.2d 275· 2d Cir.· 1982-11-01 ·cited 23×
  The court held that Connecticut's beer price affirmation statute, by requiring brewers to set minimum prices for sales in bordering states, impermissibly burdens interstate commerce and violates the Commerce Clause.
• Hunt v. Roth
  648 F.2d 1148· 8th Cir.· 1981-05-13 ·cited 23×
  The court should not decide the constitutional question presented because the case is moot due to the defendant's conviction and the parties' stipulation does not create a justiciable controversy.
• Fraternal Order OF Police v. Dep't OF State
  392 So. 2d 1296· Fla.· 1980-11-06 ·cited 23×
  The Florida Supreme Court upheld the constitutionality of the Law Enforcement Funds Act, which regulates solicitation of contributions on behalf of law enforcement organizations, while affirming the trial court's decision to strike down two fee-limitation provisions as unconstitu
• The Hous. Auth. OF the City OF Seattle v. State OF Wash.
  629 F.2d 1307· 9th Cir.· 1980-10-03 ·cited 23×
  The court held that the Johnson Act bars federal jurisdiction over suits seeking to enjoin state tax collection, and that the Housing Authority does not qualify for exceptions as a federal instrumentality or due to a special federal interest without the United States joining as a
• Carmen v. Rodriguez
  620 F.2d 362· 2d Cir.· 1980-05-02 ·cited 23×
  A teacher's transfer to a different grade level, even without loss of salary or benefits, can constitute unlawful sex discrimination under Title VII if it adversely affects her employment status or opportunities. Claims under 42 U.S.C. § 1983 for damages require an allegation of
• N. Va. Women's Med. Ctr. v. Balch
  617 F.2d 1045· 4th Cir.· 1980-03-14 ·cited 23×
  The court affirmed the district court's orders, finding no error in dismissing claims against officials, dismissing the citizens' counterclaim, and enjoining the citizens from trespassing.
• Trans Int'l Airlines, Inc. v. Int'l Bhd. OF Teamsters
  650 F.2d 949· 9th Cir.· 1980-02-14 ·cited 23×
  The court held that the Norris-LaGuardia Act's anti-injunction policy should yield to the Railway Labor Act's (RLA) policy of avoiding disruption of commerce, particularly when a union breaches its duty to maintain agreements.
• Digaeteno v. Sandro Perotti
  374 So. 2d 1015· Fla. 3d DCA· 1979-07-10 ·cited 23×
  Sandro Perotti sued Fincredito Trust Corporation for conversion and fraud after Fincredito failed to return his $33,500 deposit submitted with a loan application. The trial court issued preliminary mandatory injunctions requiring Fincredito to deposit the funds in court and restr
• The Sch. Bd. OF Escambia Cnty. v. The State of Fla. & Joe Oldmixon
  353 So. 2d 834· Fla.· 1977-12-08 ·cited 23×
  The Florida Supreme Court upheld a special act increasing the Escambia County School Board from five to seven members and reducing board members' salaries to $200 monthly, rejecting challenges that these provisions violated the constitutional requirement for a uniform system of f
• City OF Hartford v. Towns OF Glastonbury
  561 F.2d 1032· 2d Cir.· 1976-12-23 ·cited 23×
  The court held that the plaintiffs, including a city and its low-income residents, lacked standing to challenge the Department of Housing and Urban Development's waiver of a requirement in the Housing and Community Development Act of 1974.
• Luddie Fort and James Bookwalter v. White
  530 F.2d 1113· 2d Cir.· 1976-02-09 ·cited 23×
  The court held that compensatory and punitive damages were properly denied due to lack of proof and employer's lack of culpability, but attorneys' fees should be awarded in the trial court's discretion.
• Hardwick v. Brinson
  523 F.2d 798· 5th Cir.· 1975-11-20 ·cited 23×
  The court held that the prisoner's claims should be pursued in the Middle District, where he is currently incarcerated and has filed a suit encompassing similar claims.
• Equal Emp. Opportunity Comm'n v. Griffin Wheel Co.
  511 F.2d 456· 5th Cir.· 1975-04-10 ·cited 23×
  The court held that the EEOC's claim for injunctive relief is not subject to state statutes of limitations, but the claim for back pay is subject to Alabama's one-year statute of limitations.