Injunctive Relief

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

• Action Elec. & Repair, Inc. v. Batelli
  416 So. 2d 888· Fla. 4th DCA· 1982-07-14 ·cited 22×
  Action Electric sought review of a preliminary injunction that froze its assets pending resolution of a breach of promissory note claim. The court held that injunctive relief cannot be used as a substitute for attachment in a simple damages action for breach of contract, and vaca
• Record Head Corp. v. Sachen
  682 F.2d 672· 7th Cir.· 1982-07-07 ·cited 22×
  The dissenting judge argues that the West Allis ordinance is not unconstitutionally vague or overbroad, disagreeing with the majority's conclusion.
• Officers William J. Vorbeck v. Schnicker
  660 F.2d 1260· 8th Cir.· 1981-10-01 ·cited 22×
• Scott v. Moore
  640 F.2d 708· 5th Cir.· 1981-03-26 ·cited 22×
  The court held that the Norris-LaGuardia Act does not divest federal courts of jurisdiction to enjoin violent acts, even in a labor dispute, and that 42 U.S.C. § 1985(3) provides a remedy for private conspiracies motivated by nonracial, class-based animus that deprive individuals
• Wallace v. Commander George C. Chappell
  637 F.2d 1345· 9th Cir.· 1981-02-02 ·cited 22×
  The en banc court's decision to overrule Michaels v. Chappell and find the appeal timely was unnecessary and misapplied FRAP 4(a).
• Geriatrics, Inc. v. Harris
  640 F.2d 262· 10th Cir.· 1981-01-26 ·cited 22×
  Neither the nursing home nor its residents are constitutionally entitled to a pre-termination hearing before Medicaid funding is suspended due to non-compliance with federal and state regulations.
• Trans-Canada Enters., Ltd. v. Muckleshoot Indian Tribe
  634 F.2d 474· 9th Cir.· 1980-12-24 ·cited 22×
  The court held that the district court lacked subject matter jurisdiction because constitutional guarantees are not generally applicable to the exercise of governmental powers by an Indian tribe.
• In re the Petition of Josette Geisser v. United States
  627 F.2d 745· 5th Cir.· 1980-10-10 ·cited 22×
  The court held that the government's extensive diplomatic efforts to prevent extradition, despite the Swiss government's adamant refusal, constituted fulfillment of its "best efforts" promise under the plea bargain, thus no constitutional rights were violated.
• In re Becker's Motor Transp., Inc. v. Dep't OF the Treas.
  632 F.2d 242· 3d Cir.· 1980-09-04 ·cited 22×
  The court held that bankruptcy courts lack jurisdiction to enjoin IRS tax collection efforts but can issue declaratory relief. It also held that the IRS is equitably estopped from collecting pre-petition interest due to misleading conduct, but not from collecting pre-petition pen
• United States v. Cnty. OF Fairfax
  629 F.2d 932· 4th Cir.· 1980-07-23 ·cited 22×
  The court held that the district court erred in rejecting the government's applicant flow data as the relevant labor market and in failing to adequately address the disparate impact case. The case is remanded for further proceedings.
• Adoption HOT Line, Inc. v. State
  385 So. 2d 682· Fla. 3d DCA· 1980-06-10 ·cited 22×
  The court held that the trial court did not abuse its discretion in granting a temporary injunction against appellants' activities.
• Elden Duane Shirley, Jr. v. Chestnut
  603 F.2d 805· 10th Cir.· 1979-08-10 ·cited 22×
  The Oklahoma statutory scheme for parole does not create a liberty interest protectible by due process, as it lacks mandatory language and established criteria for parole release.
• Sioux Nation of Indians v. The United States
  601 F.2d 1157· Ct. Cl.· 1979-06-13 ·cited 22×
  The court's opinion, in part, misinterprets Lone Wolf v. Hitchcock, which does not establish that the acquisition of the Black Hills by the 1877 Act was not a taking requiring just compensation.
• Pino v. Prot. Mar. Ins. Co., Ltd.
  599 F.2d 10· 1st Cir.· 1979-05-30 ·cited 22×
  Admiralty courts can grant injunctive relief, and the trial court did not err in finding tortious interference with employment by imposing unjustified higher insurance premiums.
• Dep't OF Bus. Reg. v. Nat'l Manufactured Hous. Fed'n, Inc.
  370 So. 2d 1132· Fla.· 1979-04-26 ·cited 22×
  The Florida Supreme Court upheld a circuit court's declaration that chapter 77-49, a rent control statute for mobile home parks, was unconstitutional on two grounds: unlawful delegation of legislative authority and deprivation of property without due process. The Court found the
• Crane Co. v. Am. Standard, Inc.
  603 F.2d 244· 2d Cir.· 1979-04-04 ·cited 22×
  A defeated tender offeror lacks standing to sue for damages under § 10(b) and Rule 10b-5, and also under § 9(e) if the sale price was not affected by the manipulation. However, dismissal of pendent state law claims was improper if a federal claim sufficient for jurisdiction exist
• Ralph M. Wynn, M.D. v. Carey
  582 F.2d 1375· 7th Cir.· 1978-08-17 ·cited 22×
  The court held that the Illinois Abortion Parental Consent Act's provisions requiring parental consent or a judicial order for minors' abortions were unconstitutional as facially invalid due to undue burdens and lack of procedural safeguards. The court also held that abstention w
• Federico F. Martinez v. Palemon Chavez
  574 F.2d 1043· 10th Cir.· 1978-04-26 ·cited 22×
  The court held that the district court properly dismissed the plaintiff's civil rights action as frivolous, both as to the claims against immune state officials and as to the claim against the sheriff for cruel and unusual punishment.
• Beulah Chase v. McMASTERS
  573 F.2d 1011· 8th Cir.· 1978-04-05 ·cited 22×
  The court held that a city's refusal to provide water and sewer services to tax-exempt Indian trust land, solely because of its tax-exempt status, impairs a federal right and states a claim under 42 U.S.C. § 1983, but the city officials are immune from damages due to qualified im
• The Adams Packing Ass'n, Inc. v. Fla. Dep't OF Citrus
  352 So. 2d 569· Fla. 2d DCA· 1977-11-30 ·cited 22×
  The circuit court has jurisdiction over actions seeking a declaratory judgment on the constitutionality of an administrative regulation, even if the regulation is not yet effective.
• Ross v. Houston Indep. Sch. Dist.
  559 F.2d 937· 5th Cir.· 1977-09-08 ·cited 22×
  The court held that the district court improperly construed the 1973 injunction as expired and improperly invoked abstention, as the creation of a new school district must be assessed for its impact on ongoing desegregation.
• Coates v. Ill. State Bd. OF Educ.
  559 F.2d 445· 7th Cir.· 1977-06-20 ·cited 22×
  The court held that the complaint failed to state a federal claim because it did not allege segregative intent, which is required for both Title VI and constitutional challenges to school segregation. Consequently, the court lacked jurisdiction over the pendent state law claim.
• Jo-Ann Evans Gardner v. Westinghouse Broad. Co.
  559 F.2d 209· 3d Cir.· 1977-06-06 ·cited 22×
  The denial of class certification is not an injunction appealable under 28 U.S.C. § 1292(a)(1) because it does not directly deny injunctive relief and remains reviewable after final judgment. A named plaintiff may still have standing to appeal such a denial, even after receiving
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Sec. & Exch. Comm'n v. Kasser
  548 F.2d 109· 3d Cir.· 1977-01-14 ·cited 22×
  The court held that the Securities and Exchange Commission may invoke federal court jurisdiction over defendants who engaged in fraudulent conduct within the United States, even if the sole victim is foreign and the impact within the US is minimal.
• Familias Unidas v. Dolph Briscoe
  544 F.2d 182· 5th Cir.· 1976-12-16 ·cited 22×
  The court held that while the withdrawal of the state's request for information mooted the need for injunctive relief, the underlying controversy regarding the constitutionality of the statute's past application remained justiciable for declaratory judgment. The court also found
• Jarius Piphus v. Carey
  545 F.2d 30· 7th Cir.· 1976-11-22 ·cited 22×
  The court held that damages and equitable/declaratory relief should have been granted for due process violations, even without proof of individualized injury.
• Grandco Corp. v. Rochford
  536 F.2d 197· 7th Cir.· 1976-06-08 ·cited 22×
  The court held that pending state proceedings against Grandco and Wabash Books barred federal relief under the Younger doctrine, but administrative proceedings against Festival Theatre did not. The ordinance was facially unconstitutional as applied to motion picture theaters.
• McGILL v. Parsons
  532 F.2d 484· 5th Cir.· 1976-06-01 ·cited 22×
  The court held that the trial court erred in vacating its order certifying the suit as a class action and establishing guidelines for probable cause hearings, as the claims were not moot.
• Carter v. Hardy
  526 F.2d 314· 5th Cir.· 1976-01-23 ·cited 22×
  The court held that a federal court cannot order the expungement of state convictions that have fully served their sentences and are not used for sentence enhancement.
• UTZ v. Honorable Maurice Cullinane
  520 F.2d 467· D.C. Cir.· 1975-10-03 ·cited 22×
  The court held that the routine dissemination of arrest records to the FBI, even when supplemented with disposition notations, is statutorily prohibited by the 'Duncan Ordinance' when not for strictly law enforcement purposes.
• Riddell v. The Nat'l Democratic Party
  508 F.2d 770· 5th Cir.· 1975-02-21 ·cited 22×
  The court held that Mississippi's statute granting exclusive rights to a political party name is unconstitutional as it unduly burdens the right to free association.
• Champagne v. Schlesinger
  506 F.2d 979· 7th Cir.· 1974-12-09 ·cited 22×
  The court held that plaintiffs must exhaust administrative remedies before challenging their military discharges in federal court, even if they believe the outcome is predetermined.
• Davis v. Weir
  497 F.2d 139· 5th Cir.· 1974-07-18 ·cited 22×
  The court held that refusing water service to new applicants based on a third party's unpaid water bill violates the Equal Protection Clause of the Fourteenth Amendment, but modified the class definition to be more specific.
• Int'l Tape Mfrs. Ass'n v. Gerstein
  494 F.2d 25· 5th Cir.· 1974-05-13 ·cited 22×
  The court held that the case was not ripe for adjudication because the record did not demonstrate a justiciable controversy, and thus the trial court prematurely granted judgment.
• State of Fla. ex rel. Frank C. Gardner v. Sailboat KEY, Inc.
  295 So. 2d 658· Fla. 3d DCA· 1974-05-07 ·cited 22×
  Florida citizens challenged the city's zoning of Fair Isle island for high-rise residential development, claiming it would constitute a public and private nuisance. The court affirmed the trial court's dismissal, holding that property uses authorized by municipal zoning legislati
• Jennings v. Patterson
  488 F.2d 436· 5th Cir.· 1974-01-17 ·cited 22×
  The court held that the district court erred in setting aside the jury's findings of prescription and dedication, and that the city's failure to remove the barricade constituted state action under Section 1983.
• Bramblett v. Desobry
  490 F.2d 405· 6th Cir.· 1974-01-08 ·cited 22×
  The court held that the suit is barred by sovereign immunity, and government officials are immune from damage suits when acting within the scope of their duty.
• Friends OF THE Earth v. Ellis L. Armstrong
  485 F.2d 1· 10th Cir.· 1973-08-02 ·cited 22×
• Jones v. Wade
  479 F.2d 1176· 5th Cir.· 1973-05-30 ·cited 22×
  The court granted a petition for rehearing en banc, vacating the prior panel decision.
• Reid v. Int'l Union
  479 F.2d 517· 10th Cir.· 1973-05-24 ·cited 22×
  The court held that the union's provided intra-union remedy for objecting employees to obtain a rebate of agency fees spent on political activities was a good faith effort to comply with legal requirements, thus negating the claim of unfair representation.
• Fowler v. Abner Alexander
  478 F.2d 694· 4th Cir.· 1973-05-07 ·cited 22×
  The dissenting judge believes the appellant has standing to challenge the statute due to past involvement and potential future prosecution.
• Commander Leasing Co. v. Transamerica Title Ins. Co.
  477 F.2d 77· 10th Cir.· 1973-04-06 ·cited 22×
  The court held that the business of title insurance is the 'business of insurance' under the McCarran-Ferguson Act, and since Colorado regulates this business, federal antitrust laws do not apply to the alleged overcharges for title insurance policies.
• Brown v. Allyn R. Sielaff
  474 F.2d 826· 3d Cir.· 1973-02-23 ·cited 22×
  The court held that the prisoner's allegations against the Commissioner of Correction were not sufficiently precise to state a constitutional deprivation.
• Captain Douglas Bruce McGAW v. Colonel A. Allen Farrow
  472 F.2d 952· 4th Cir.· 1973-01-15 ·cited 22×
  The court held that the district court properly dismissed the action for lack of federal question jurisdiction and failure to exhaust administrative remedies.
• Ellingburg v. Connett
  457 F.2d 240· 5th Cir.· 1972-03-20 ·cited 22×
  The court held that the plaintiff's claim for damages did not change the essential character of the litigation, which was to alter administrative procedures within a federal prison.
• Pac. Mar. Ass'n v. Int'l Longshoremen's & Warehousemen's Union
  454 F.2d 262· 9th Cir.· 1971-12-17 ·cited 22×
  The court held that the Norris-LaGuardia Act does not bar injunctive relief to enforce a union's obligation to arbitrate, and the jurisdictional issue is not moot despite contract expiration.
• Itzcovitz v. Selective Serv. Local Bd. No. 6
  447 F.2d 888· 2d Cir.· 1971-09-01 ·cited 22×
  The court held that the alien's planned short business trip abroad would not constitute a new 'entry' into the United States, thus the INS could not exclude him upon return.
• Owen v. Cheney
  238 So. 2d 650· Fla. 2d DCA· 1970-07-22 ·cited 22×
  The Florida District Court of Appeal reversed the trial court's dismissal of a declaratory judgment action challenging Tampa's utility tax ordinances. The court held that Section 167.431 requires municipalities that impose a utility tax on any specifically named service to also t
• ST. Regis Paper Co. v. State
  237 So. 2d 797· Fla. 1st DCA· 1970-07-14 ·cited 22×
  The court denied a petition for rehearing and clarified its original opinion by deleting language that was considered dictum and not at issue in the case, specifically concerning the interpretation of Fla.Stat. § 403.141 regarding administrative and judicial procedures for damage