Injunctive Relief

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

• Foster v. Ctr. Twp. OF LaPORTE Cnty.
  798 F.2d 237· 7th Cir.· 1986-08-13 ·cited 20×
  The plaintiff lacked standing to challenge the 1981 poor-relief guidelines because she was eligible for assistance under those guidelines, and therefore had not suffered a direct injury. Consequently, she could not serve as a class representative for such a claim.
• Executive Town & Country Servs., Inc. v. City OF Atlanta
  789 F.2d 1523· 11th Cir.· 1986-05-23 ·cited 20×
  The court held that the City of Atlanta's ordinances regulating limousine fares to and from the airport did not violate the Commerce Clause or federal antitrust laws, and that the plaintiff failed to establish a Fourteenth Amendment equal protection claim.
• Exeter-West Greenwich Reg'l Sch. Dist. v. Pontarelli
  788 F.2d 47· 1st Cir.· 1986-04-04 ·cited 20×
  The court held that attorney's fees under 42 U.S.C. § 1988 can be awarded for work done on a state-law issue certified to a state supreme court, even if the federal § 1983 claim is dismissed as moot, and that the Eleventh Amendment does not bar such an award.
• Leverett v. The City OF Pinellas Park
  775 F.2d 1536· 11th Cir.· 1985-11-15 ·cited 20×
  The court held that individual owners have standing to challenge ordinances on First Amendment overbreadth grounds, and that an ordinance prohibiting nude entertainment without sufficient factual basis or motivation is unconstitutional.
• de Arroyo v. Barcelo
  765 F.2d 275· 1st Cir.· 1985-06-26 ·cited 20×
  Plaintiffs who achieve a significant benefit through their lawsuit, even without a formal judgment or settlement, can be considered prevailing parties for attorney's fees under 42 U.S.C. § 1988 if the suit acted as a catalyst for the defendants' actions.
• Jacintoport Corp. v. Greater Baton Rouge Port Comm'n
  762 F.2d 435· 5th Cir.· 1985-06-10 ·cited 20×
  The Greater Baton Rouge Port Commission does not possess Eleventh Amendment immunity because it is a sufficiently autonomous entity whose financial operations and potential judgments do not directly impact the state treasury.
• Kealey Pharmacy & Home Care Servs., Inc. v. Walgreen Co.
  761 F.2d 345· 7th Cir.· 1985-04-19 ·cited 20×
  The court held that the Wisconsin Fair Dealership Law (WFDL) applies to Walgreen's termination of dealership agreements and that the terminations lacked good cause, affirming the damages award but remanding for calculation of pre-judgment interest on Walgreen's counterclaim.
• Selwyn A. Robinson v. Ariyoshi
  753 F.2d 1468· 9th Cir.· 1985-02-20 ·cited 20×
  A state cannot divest vested property rights through a judicial decision without just compensation, even if the decision changes established law.
• Kendrick v. Bland
  740 F.2d 432· 6th Cir.· 1984-07-27 ·cited 20×
  The court held that the district court exceeded its authority by imposing an overly intrusive remedy that disqualified specific officers without sufficient individualized findings and in light of the parties' prior cooperation and consent decree.
• EMI Ltd. v. Bennett
  738 F.2d 994· 9th Cir.· 1984-07-23 ·cited 20×
  A foreign parent corporation (EMI) lacks standing to challenge a state tax assessment against its domestic subsidiary (Capitol), as the injury is to the corporation, not directly to the shareholder.
• Hartz Mountain Corp. v. Dotson
  727 F.2d 1308· D.C. Cir.· 1984-02-24 ·cited 20×
  The court held that the district court lacked jurisdiction to review the National Labor Relations Board's representation orders because the employer failed to demonstrate a clear violation of a statutory mandate and had access to indirect judicial review.
• Rudolf W. Jesko and Gladys M. Jesko v. United States
  713 F.2d 565· 10th Cir.· 1983-07-11 ·cited 20×
  The court held that it lacked jurisdiction to hear the appeal because the district court's order transferring the case to the Court of Claims was not a final, appealable order.
• Hall v. United States
  704 F.2d 246· 6th Cir.· 1983-03-25 ·cited 20×
  The court held that while District Director McHugh was not entitled to absolute immunity, he was protected by qualified immunity because his actions in terminating the tax period and assessing jeopardy tax did not violate clearly established statutory or constitutional rights at
• United States v. Hart
  701 F.2d 749· 8th Cir.· 1983-03-10 ·cited 20×
  The court held that the district court had jurisdiction to entertain the action and that the defendant's filings were void.
• Jeffries v. Ga. Residential Fin. Auth.
  678 F.2d 919· 11th Cir.· 1982-06-14 ·cited 20×
  The court held that the involvement of the Georgia Residential Finance Authority (GRFA) in Section 8 eviction procedures constitutes sufficient state action to implicate the Fourteenth Amendment's due process clause, and that Section 8 tenants possess a constitutionally protected
• Regis J. Kirby v. United States Gov't
  675 F.2d 60· 3d Cir.· 1982-03-19 ·cited 20×
  Residents of a neighborhood have standing to challenge HUD's funding approval for a subsidized housing project, and their claims are subject to judicial review.
• Columbia Power Trades Council v. United States Dep't OF Energy
  671 F.2d 325· 9th Cir.· 1982-03-11 ·cited 20×
  Federal courts lack subject matter jurisdiction over disputes concerning federal employee labor relations, as the Federal Labor Relations Authority (FLRA) has exclusive jurisdiction under the Civil Service Reform Act of 1978.
• Jordan v. Cnty. OF LOS Angeles
  669 F.2d 1311· 9th Cir.· 1982-02-24 ·cited 20×
  The court held that a class representative who has voluntarily settled their individual claims may still be able to represent the class if they can provide vigorous advocacy, despite lacking a personal stake.
• Ohio-Sealy Mattress Mfg. Co. v. Sealy
  669 F.2d 490· 7th Cir.· 1982-01-29 ·cited 20×
  The court held that Ohio was estopped from seeking reinstatement of the remitted damages and that supplemental damages must be sought in a separate lawsuit. The court also affirmed the district court's equitable relief decree.
• Comp. Dep't of Dist. Five v. Marshall
  667 F.2d 336· 3d Cir.· 1981-12-09 ·cited 20×
  The court held that the district court lacked subject matter jurisdiction because the Black Lung Benefits Act establishes an exclusive statutory review procedure, requiring exhaustion of administrative remedies before seeking judicial review in the court of appeals.
• United States v. Reader's Digest Ass'n, Inc.
  662 F.2d 955· 3d Cir.· 1981-08-24 ·cited 20×
  The court held that the Reader's Digest Association, Inc. violated a Federal Trade Commission consent order by distributing simulated checks and confusingly simulated items of value, and that each individual mailing constituted a separate violation subject to penalty.
• H. K. Porter Co., Inc. v. Metro. Dade Cnty.
  650 F.2d 778· 5th Cir.· 1981-07-17 ·cited 20×
  The appeal is dismissed as moot because the government contract at issue has been awarded to another party, rendering the requested relief impossible to grant.
• Owen OF Ga., Inc. v. Shelby Cnty.
  648 F.2d 1084· 6th Cir.· 1981-05-15 ·cited 20×
  The dissenting judge would hold that Shelby County's rejection of Owen of Georgia's bid and award to Pidgeon-Thomas was permissible under the Shelby County Restructure Act, as the 'good cause' provision allows consideration of factors beyond those specifically enumerated.
• Sven Tveter v. AB Turn-O-Matic
  633 F.2d 831· 9th Cir.· 1980-12-04 ·cited 20×
  The patent for the ticket dispenser is invalid due to obviousness, but the trademark and unfair competition claims are valid because the appellant infringed the trademark and engaged in deceptive practices by copying and misrepresenting the product's origin.
• Trotman v. Bd. OF Trs. OF Lincoln Univ. of the Commonwealth Sys. of Higher Educ.
  635 F.2d 216· 3d Cir.· 1980-11-25 ·cited 20×
  The court held that the district court erred in dismissing the faculty's claims, as their criticism of university policy constituted protected speech and the university's retaliatory actions and speech restrictions were not justified by good faith or the faculty's persistence.
• Spokane Arcades, Inc. v. Brockett
  631 F.2d 135· 9th Cir.· 1980-10-23 ·cited 20×
  The court held that Washington's moral nuisance law, as applied to the exhibition and sale of sexually oriented materials, constitutes an impermissible prior restraint under the First Amendment and is therefore unconstitutional.
• Rowell v. Andrus
  631 F.2d 699· 10th Cir.· 1980-10-06 ·cited 20×
  The dissenting judge believes a second notice was adequately provided, even if the final rule appeared in the Federal Register slightly late, because the filing date and prior notice of the proposed rule satisfied statutory requirements.
• Anderson v. Babb
  632 F.2d 300· 4th Cir.· 1980-09-19 ·cited 20×
  The court held that the district court properly interpreted N.C. Gen. Stat. § 163-213.6 to mean that John Anderson did not 'participate' in the presidential preference primary, allowing his name on the general election ballot.
• Mainlands OF Tamarac BY the Gulf Unit NO. Four Ass'n, Inc. v. Morris
  388 So. 2d 226· Fla. 2d DCA· 1980-07-25 ·cited 20×
  The Association and Management appealed a trial court's order denying attorney fees to the Association and partially denying costs. The court reversed the denial of attorney fees to the Association under Section 718.303, Florida Statutes, which provides that the prevailing party
• Sec. & Exch. Comm'n v. Caterinicchia
  613 F.2d 102· 5th Cir.· 1980-03-07 ·cited 20×
  The court held that the district court did not abuse its discretion in denying the SEC's request for a permanent injunction, as the SEC failed to prove a reasonable likelihood of future violations by the defendants.
• Iowa Elec. Light & Power Co. v. Atlas Corp.
  603 F.2d 1301· 8th Cir.· 1979-08-22 ·cited 20×
  The court held that the defendant lacked sufficient minimum contacts with Iowa to support personal jurisdiction, even if Iowa's long-arm statute was technically satisfied by the plaintiff's performance within the state.
• Dorsey West v. Bd. OF Cnty. Comm'rs
  373 So. 2d 83· Fla. 3d DCA· 1979-07-24 ·cited 20×
  Dorsey West, a career county employee, was discharged without proper notice of specific charges and without a fair hearing, in violation of constitutional due process and county personnel regulations. The trial court found the discharge illegal but limited relief to requiring the
• United Steelworkers OF Am., AFL-CIO v. Bishop
  598 F.2d 408· 5th Cir.· 1979-07-06 ·cited 20×
  The federal court lacked jurisdiction to issue an injunction in a replevin action that grew out of a labor dispute, as prohibited by the Norris-LaGuardia Act.
• Krause v. Reno
  366 So. 2d 1244· Fla. 3d DCA· 1979-02-06 ·cited 20×
  The Florida District Court of Appeal affirmed a trial court's order permanently enjoining a citizen advisory group appointed by the Miami City Manager to screen police chief applicants from meeting in private. The court held that such advisory boards fall within Florida's Governm
• Chilton M. Wilkins v. Rogers
  581 F.2d 399· 4th Cir.· 1978-08-02 ·cited 20×
  The court held that it lacked jurisdiction to review the remand order for Suit 1 and affirmed the district court's dismissal of claims in Suit 2, finding no federal jurisdiction and proper abstention.
• Oliver v. Kalamazoo Bd. OF Educ.
  576 F.2d 714· 6th Cir.· 1978-05-25 ·cited 20×
  The court held that the district court abused its discretion by applying a multiplier to attorneys' fees and awarding separate compensation for paralegal services, as these actions lacked statutory authority.
• Johnson v. Ryder Truck Lines, Inc.
  575 F.2d 471· 4th Cir.· 1978-05-02 ·cited 20×
  Employees cannot obtain relief under § 1981 for a seniority system that is lawful under Title VII, as interpreted by the Supreme Court in Teamsters.
• Sandford v. R. L. Coleman Realty Co., Inc.
  573 F.2d 173· 4th Cir.· 1978-03-21 ·cited 20×
  The court held that a plaintiff's claim of error regarding jury instructions on standing will not be considered on appeal if it contradicts their consistent position throughout the trial. It also held that the denial of injunctive relief was clear error given the flagrant evidenc
• Martinez v. Marshall
  573 F.2d 555· 9th Cir.· 1977-11-04 ·cited 20×
  The court held that the Secretary of Labor exceeded his statutory authority in promulgating Regulation 619.13, which disallowed waiver of overpayments of Supplemental Unemployment Assistance benefits, as it was inconsistent with the Act and prior administrative practice.
• Reynolds Metals Co. v. Rumsfeld
  564 F.2d 663· 4th Cir.· 1977-10-14 ·cited 20×
  The court held that the Memorandum of Understanding's provisions allowing agencies to exchange employer compliance information are valid, but reversed the lower court's invalidation of a paragraph allowing one agency to transmit complaints to another.
• W. Point-Pepperell, Inc. v. Textile Workers Union OF Am., AFL-CIO
  559 F.2d 304· 5th Cir.· 1977-09-16 ·cited 20×
  The district court correctly dismissed the complaint for lack of jurisdiction because determining union representation status is within the exclusive purview of the NLRB, not the federal courts.
• Corpus v. Estelle
  551 F.2d 68· 5th Cir.· 1977-04-22 ·cited 20×
  The court held that a state prison's prohibition on inmates providing legal assistance to each other in civil rights and general civil matters is unconstitutional if the prison fails to provide a reasonable alternative.
• Michael v. Costello
  539 F.2d 547· 5th Cir.· 1976-09-27 ·cited 20×
  The court held that the district court's injunction requiring population reduction was inappropriate for a single judge because it compelled defendants to violate Florida law, thus requiring a three-judge court.
• Wallace v. Kern
  520 F.2d 400· 2d Cir.· 1975-06-30 ·cited 20×
  The court held that the district court's order mandating specific bail hearing procedures constituted an improper intrusion into the state judicial system, violating principles of comity and federalism.
• Morris v. Travisono
  509 F.2d 1358· 1st Cir.· 1975-02-06 ·cited 20×
  The court held that state officials could not unilaterally suspend court-ordered prison disciplinary and classification rules, even if they found them burdensome, without seeking modification through proper legal channels.
• Socialist Workers Party v. Attorney Gen. OF the United States
  510 F.2d 253· 2d Cir.· 1974-12-24 ·cited 20×
  The court held that issuing a broad injunction against the FBI's surveillance practices based on conflicting affidavits was an abuse of discretion, but that transmitting attendee names to the Civil Service Commission should be enjoined.
• Frederika Blankner v. The City OF Chicago
  504 F.2d 1037· 7th Cir.· 1974-10-24 ·cited 20×
  The court held that a plaintiff denied a meaningful opportunity to contest the designation and taking of her property due to procedural delays has a right of action under 42 U.S.C. § 1983 for deprivation without due process.
• Lewis v. Sandler
  498 F.2d 395· 4th Cir.· 1974-06-06 ·cited 20×
  The court held that the Anti-Injunction Act, the tax exception to the Declaratory Judgment Act, and the failure to file an administrative claim for refund barred the action.
• Movement Against Destruction v. Volpe
  500 F.2d 29· 4th Cir.· 1974-03-19 ·cited 20×
  The court affirmed the district court's denial of injunctive and declaratory relief, finding no violation of the cited environmental and highway acts.
• Thornton v. United States
  493 F.2d 164· 3d Cir.· 1974-02-20 ·cited 20×
  The court held that the district court's finding of unauthorized jeopardy assessments was clearly erroneous due to a lack of evidentiary support, and thus the injunction based on that finding must be vacated.