Injunctive Relief

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

• Inland Rubber Corp. v. Helman
  237 So. 2d 291· Fla. 1st DCA· 1970-07-07 ·cited 22×
  Inland Rubber Corporation sought reversal of a summary judgment invalidating an employment contract provision restricting the use of confidential customer lists. The appellate court reversed, holding that an agreement between employer and employee concerning trade secrets and con
• Kimball v. Commandant Twelfth Naval Dist.
  423 F.2d 88· 9th Cir.· 1970-02-25 ·cited 22×
  The denial of injunctive relief was a final decision appealable under 28 U.S.C. § 1291, and the denial was proper because no regulation requires the Navy to postpone overseas assignment pending determination of a conscientious objector status request.
• Matthews v. Hardy
  420 F.2d 607· D.C. Cir.· 1969-08-29 ·cited 22×
  The court held that the prisoner's transfer to a mental institution was an administrative matter within the discretion of prison authorities, not requiring a judicial hearing. The court also found no justiciable issue regarding future transfers as none were threatened.
• Melson v. Sard
  402 F.2d 653· D.C. Cir.· 1968-09-13 ·cited 22×
  The Parole Board can execute a parole-violator warrant and conduct a revocation hearing upon a parolee's indictment for a new crime, and statements made at such a hearing are inadmissible in a subsequent criminal trial.
• United States v. Richberg
  398 F.2d 523· 5th Cir.· 1968-07-12 ·cited 22×
  The court held that the Dixie Diner Club was not a bona fide private club exempt from the Civil Rights Act, and the district court erred in denying injunctive relief.
• Beard v. LEE
  396 F.2d 749· 5th Cir.· 1968-07-01 ·cited 22×
  The court held that a prisoner's claims of cruel and unusual punishment, even if not solely racially motivated, are not necessarily resolved by a prior class action order on prison desegregation and warrant a forum.
• Gomez v. Layton
  394 F.2d 764· D.C. Cir.· 1968-04-10 ·cited 22×
  The court held that the district court erred in dismissing the complaint and that the appellant was entitled to an opportunity to demonstrate his claims for injunctive relief at an evidentiary hearing.
• Gardner v. Robin Harris, M.D.
  391 F.2d 885· 5th Cir.· 1968-03-26 ·cited 22×
  A private citizen cannot sue the federal government in equity to remove barricades erected by a federal superintendent on an easement, as this would violate sovereign immunity.
• Avins v. Rutgers
  385 F.2d 151· 3d Cir.· 1967-11-02 ·cited 22×
  The First Amendment does not guarantee a right to have an article published in a law review, even one affiliated with a state university.
• C. D. Util. Corp. v. Maxwell
  189 So. 2d 643· Fla. 4th DCA· 1966-09-06 ·cited 22×
  C.D. Utility Corporation appeals the dismissal of its complaint challenging a tax assessor's reclassification of its water and sewage treatment plants from real property to tangible personal property for back-assessment purposes. The court reversed, holding that a taxpayer who fa
• United States v. Logue
  344 F.2d 290· 5th Cir.· 1965-04-21 ·cited 22×
  The court held that the "supporting witness" requirement for voter registration, as applied in Wilcox County, was discriminatory and violated 42 U.S.C.A. § 1971(a), entitling the government to a preliminary injunction.
• Council OF Federated Orgs. v. Hon. Sidney Mize
  339 F.2d 898· 5th Cir.· 1964-12-22 ·cited 22×
  The court held that dismissing a complaint for failure to appear without a hearing, and without a hearing on a motion to dismiss for failure to state a claim, constitutes an abuse of discretion and a denial of due process.
• Vasco A. Smith, Jr. v. Holiday Inns OF Am., Inc.
  336 F.2d 630· 6th Cir.· 1964-09-22 ·cited 22×
  The court held that the motel's discriminatory refusal to serve Negroes constituted state action under the Fourteenth Amendment because the motel was an integral part of a state-sponsored and controlled urban redevelopment project, making the discrimination impermissible.
• The First Nat'l Bank IN ST. Petersburg v. Ferris
  156 So. 2d 421· Fla. 2d DCA· 1963-09-06 ·cited 22×
  The First National Bank appealed an interlocutory order denying its motion to dismiss a complaint seeking mandatory injunctive relief to compel the bank to replace corporate stock it allegedly sold wrongfully as collateral. The court reversed, holding that the complainant failed
• Mitchell v. Ballenger Paving Co., Inc.
  299 F.2d 297· 5th Cir.· 1962-02-06 ·cited 22×
  The court held that an employer's prolonged non-compliance with the Fair Labor Standards Act, even after being advised of its obligations and a controlling court decision, warrants an injunction to enforce the Act's objectives.
• Norwood v. Tucker
  287 F.2d 798· 8th Cir.· 1961-03-02 ·cited 22×
  The court held that the initial assignments of Negro students were discriminatory and violated their constitutional rights, and that the re-assignment process also subjected Negro students to different treatment, impeding integration.
• Butte v. Brotherhood OF Locomotive Firemen AND Enginemen
  268 F.2d 54· 9th Cir.· 1959-05-18 ·cited 22×
  The court held that a dispute initiated by a carrier's Section 6 notice, even if the carrier later withdraws the notice and its parent company takes over the work, remains a major dispute under the Railway Labor Act if the parent's action is deemed the carrier's act, and injuncti
• The Sch. Bd. OF the City OF Newport News v. Atkins
  246 F.2d 325· 4th Cir.· 1957-07-13 ·cited 22×
  The court held that the injunctive decrees forbidding racial discrimination in public schools were properly issued and controlled by prior decisions, and that the Pupil Placement Act did not provide an adequate remedy or divest the court of jurisdiction.
• Mitchell v. Bland
  241 F.2d 808· 5th Cir.· 1957-03-15 ·cited 22×
  The court held that the district court did not err in denying injunctive relief for alleged violations of the Fair Labor Standards Act, as the decision was within its equitable discretion.
• Abramson v. Coro, Inc.
  240 F.2d 854· 5th Cir.· 1957-02-05 ·cited 22×
  The court held that a showing of likely confusion among purchasers is sufficient to establish trademark infringement and justify injunctive relief, even without proof of actual instances of deception or damage.
• Jason v. Summerfield
  214 F.2d 273· D.C. Cir.· 1954-06-10 ·cited 22×
• Jacquard Knitting Mach. Co., Inc. v. Ordnance Gauge Co., Inc.
  213 F.2d 503· 3d Cir.· 1954-05-19 ·cited 22×
  The court held that the patent claims were anticipated by prior art and thus invalid, and that the defendant was not estopped from challenging validity. The court also denied the defendant's request for injunctive relief and attorney's fees.
• Red Rock Cola Co. v. Red Rock Bottlers, Inc.
  195 F.2d 406· 5th Cir.· 1952-02-18 ·cited 22×
  The court held that the federal court improperly granted an injunction to stay state court proceedings, as no exceptional circumstances justified such interference with state court jurisdiction.
• Walling v. Panther Creek Mines, Inc.
  148 F.2d 604· 7th Cir.· 1945-03-01 ·cited 22×
  The court held that the defendant's record-keeping system was deficient under the Fair Labor Standards Act, and the trial court erred in denying injunctive relief.
• Rawls v. City of Miami
  82 Fla. 65· Fla.· 1921-06-29 ·cited 22×
  The appellant sought an injunction to prevent the City of Miami from enforcing a plumbing ordinance, alleging it was unreasonable and costly. The court affirmed the denial of the injunction, finding no grounds for equitable relief.
• Eliezer Taveras v. Bank of Am.
  89 F.4th 1279· 11th Cir.· 2024-01-04 ·cited 21×
  The Eleventh Circuit affirmed the district court's decision to abstain from exercising federal jurisdiction under the Colorado River doctrine pending the conclusion of a related state foreclosure proceeding and to deny the plaintiffs' motion to amend their complaint.
• Aaron Private Clinic Mgmt. LLC v. Berry
  912 F.3d 1330· 11th Cir.· 2019-01-04 ·cited 21×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff lacked Article III standing because its alleged injuries were speculative and not actual or imminent, and that the challenge to the moratorium was moot.
• Premier LAB Supply, Inc. v. Chemplex Indus., Inc.
  10 So. 3d 202· Fla. 4th DCA· 2009-04-15 ·cited 21×
  Premier Lab Supply appeals a trial court's denial of its motions for directed verdict and judgment notwithstanding the verdict in a trade secrets misappropriation case, and also challenges a permanent injunction issued by the trial court. The Fourth District Court of Appeal affir
• Galstaldi v. Sunvest Cmtys. USA, LLC
  637 F. Supp. 2d 1045· S.D. Fla.· 2009-03-25 ·cited 21×
  The court held that the defendants, as non-parties to the purchase agreements, could not rely on the contracts' disclaimers to bar the plaintiffs' claims, and that the plaintiffs had sufficiently alleged the defendants' participation in deceptive trade practices.
• Amador v. United Auto. Ins. Co.
  748 So. 2d 307· Fla. 3d DCA· 1999-10-27 ·cited 21×
  The court reversed summary judgment for an insurance company, holding that under Florida's PIP statute, an insurer cannot use its right to demand examination under oath to extend the mandatory 30-day payment period. Once the 30-day statutory period expires without payment, the in
• ST. Lucie Cnty. & St. Lucie Cnty. Port & Airport Auth. v. Town OF ST. Lucie Vill.
  603 So. 2d 1289· Fla. 4th DCA· 1992-06-24 ·cited 21×
  The Fourth District Court of Appeal reversed a trial court's grant of summary judgment on constitutional challenges to Joint Participation Agreements (JPAs) between a county airport authority and the state transportation department, and reversed an injunction barring future airpo
• Friends OF THE Hatchineha, Inc. v. State
  580 So. 2d 267· Fla. 1st DCA· 1991-05-14 ·cited 21×
  Friends of the Hatchineha, Inc. appealed the Department of Environmental Regulation's (DER) denial of a petition for formal administrative hearing regarding an agricultural exemption for a driveway constructed through wetlands. The court held that DER's letter determining the dri
• Ilgwu Nat'l Ret. Fund v. Levy Bros. Frocks, Inc.
  846 F.2d 879· 2d Cir.· 1988-05-17 ·cited 21×
  The court held that an employer's dispute over withdrawal liability must be resolved through arbitration under MPPAA, even if the employer disputes its obligation to contribute to the plan.
• Smith v. City OF Chicago
  820 F.2d 916· 7th Cir.· 1987-06-10 ·cited 21×
  The court held that the plaintiff's § 1983 action was barred by res judicata because it arose from the same core operative facts as his prior Shakman petition, which had been dismissed on the merits.
• Gulf Coast Home Health Servs. OF Fla., Inc. v. Dep't OF Health & Rehabilitative Servs.
  503 So. 2d 415· Fla. 1st DCA· 1987-03-02 ·cited 21×
  Appellate courts may take judicial notice of their own records and related cases to avoid inconsistent results and waste of resources, but not for the broad purpose requested by Gulf Coast.
• KEV, Inc. v. Kitsap Cnty. & the Honorable Ray Aardal & John Horsley
  793 F.2d 1053· 9th Cir.· 1986-07-07 ·cited 21×
  The court held that while topless dancing is protected expression, Kitsap County's ordinance is largely a constitutional time, place, and manner regulation, except for an unconstitutional five-day delay in issuing dancer licenses.
• Equal Emp. Opportunity Comm'n v. Fremont Christian Sch.
  781 F.2d 1362· 9th Cir.· 1986-02-03 ·cited 21×
  The court held that Fremont Christian School's policy of providing health insurance only to 'heads of household' (interpreted as single individuals and married men) violates Title VII and the Equal Pay Act, and that the Free Exercise and Establishment Clauses do not shield this p
• Lou Poller v. First Va. Mortg. & Real Est. Inv. Tr.
  471 So. 2d 104· Fla. 3d DCA· 1985-05-28 ·cited 21×
  Lou and Rose Poller appealed a final judgment in a non-jury trial involving disputes over loans and counterclaims brought by Nova Real Estate Investment Trust. The court affirmed the judgment, holding that Rose Poller validly waived her right to a jury trial through her attorney'
• Miller v. Ervin Higgs
  468 So. 2d 371· Fla. 1st DCA· 1985-04-23 ·cited 21×
  The Department of Revenue appeals a summary judgment finding Chapter 80-368, Laws of Florida, unconstitutional for reclassifying leasehold interests in government property as intangible personal property for tax purposes. The court reversed, holding that the legislature has const
• Ruffalo v. Civiletti
  702 F.2d 710· 8th Cir.· 1983-03-17 ·cited 21×
  The court held that while the parent-child relationship is a constitutionally protected liberty interest, immediate injunctive relief for the return of the child was not warranted due to remaining factual issues. However, the case is remanded for further proceedings to determine
• Franklin Cnty. v. Leisure Props., Ltd.
  430 So. 2d 475· Fla. 1st DCA· 1983-03-09 ·cited 21×
  Franklin County appealed summary judgments favoring Leisure Properties and Musgrave Development regarding their rights to develop multi-family housing on commercially zoned property on St. George Island. The court affirmed in part and reversed in part, holding that Leisure establ
• United Church OF THE Med. Ctr. v. Med. Ctr. Comm'n
  689 F.2d 693· 7th Cir.· 1982-09-23 ·cited 21×
  The court held that the district court erred in dismissing the case for failure to exhaust administrative remedies and abused its discretion in denying preliminary injunctive relief.
• Woolen v. Surtran Taxicabs, Inc.
  684 F.2d 324· 5th Cir.· 1982-08-30 ·cited 21×
  The denial of a motion for intervention of right is an appealable order, and the district court's failure to make specific findings on the intervention issue requires remand.
• Moishe Meyer Rosen v. The Port OF Portland
  641 F.2d 1243· 9th Cir.· 1981-03-05 ·cited 21×
  The court held that an airport ordinance requiring advance notice and identification for demonstrations is a valid restriction on First Amendment rights.
• Pasco Int'l (London) Ltd. v. Stenograph Corp.
  637 F.2d 496· 7th Cir.· 1980-12-23 ·cited 21×
  The court held that Alan Croxford was not an indispensable party under Rule 19(b) because potential prejudice to him or the defendants could be managed, and the plaintiff's interest in the federal forum was significant.
• Fla. High Sch. Activities Ass'n, Inc. v. Bradshaw
  369 So. 2d 398· Fla. 2d DCA· 1979-03-30 ·cited 21×
  The Florida High School Activities Association appealed a trial court's injunction preventing forfeiture of two football games won by Largo High School when an ineligible player participated. The court held that participation in interscholastic athletics is not a constitutionally
• Johnson v. Bergland
  586 F.2d 993· 4th Cir.· 1978-11-17 ·cited 21×
  The dissenting judge believes the majority erred in finding irreparable injury based on a speculative First Amendment claim and improperly applied the Blackwelder test.
• Drivers v. Akers Motor Lines, Inc.
  582 F.2d 1336· 4th Cir.· 1978-09-19 ·cited 21×
  A federal court may enjoin an employer from further encumbering capital assets pending arbitration of union grievances, even during business liquidation, if the arbitration award could not otherwise restore the status quo.
• Koenig v. Ashton Tyler & Metro. Dade Cnty.
  360 So. 2d 104· Fla. 3d DCA· 1978-06-06 ·cited 21×
  Employees Robert and Ethel Koenig challenged their involuntary resignation from county employment based on three consecutive unauthorized absences, claiming constitutional violations. The court held that because they were bound by their union's collective bargaining agreement, wh
• Cabrera v. Municipality OF Bayamon
  562 F.2d 91· 1st Cir.· 1977-09-09 ·cited 21×
  The court held that the district court did not err in refusing to order the relocation of the landfill or condemnation of plaintiffs' property, and that substantial economic loss alone does not constitute a Fifth Amendment taking.