Injunctive Relief

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

• Hartmann v. Scott
  488 F.2d 1215· 8th Cir.· 1973-12-06 ·cited 20×
  The court held that while a prisoner's claim challenging the fact or duration of confinement must be brought as a habeas corpus petition requiring exhaustion of state remedies, claims seeking declaratory and injunctive relief against the unconstitutionality of a statute are permi
• United States v. Northside Realty Assocs., Inc.
  474 F.2d 1164· 5th Cir.· 1973-03-14 ·cited 20×
  The court held that the district court's order must be remanded because its legal rationale was unclear and potentially based on constitutionally impermissible grounds, specifically penalizing the defendant for challenging the constitutionality of the Fair Housing Act.
• Hodgson v. Colonnades, Inc.
  472 F.2d 42· 5th Cir.· 1973-01-16 ·cited 20×
  The court held that the hotel's construction employees were not exempt from overtime provisions and that the hotel qualified as a construction enterprise under the Act. The court also found that the trial court erred in denying the Secretary's motion to amend the complaint.
• Arnold Tours, Inc. v. Camp
  472 F.2d 427· 1st Cir.· 1972-12-13 ·cited 20×
  National banks cannot operate full-scale travel agencies as an exercise of their incidental powers under 12 U.S.C. § 24, Seventh, because such activity is not sufficiently connected to the core business of banking.
• Luella H. Mills v. Elliot L. Richardson
  464 F.2d 995· 2d Cir.· 1972-07-14 ·cited 20×
  The court held that the case was not moot due to the government's stated intention to commence recoupment after appeal, and vacated the dismissal, remanding for further proceedings.
• Cousins v. Wigoda
  409 U.S. 1201· U.S.· 1972-07-01 ·cited 20×
  The Circuit Justice denied the application for a stay, finding that the applicants failed to meet the extraordinary burden required for a single Justice to grant a stay that would effectively decide the merits of the case.
• Dorado v. Kerr
  454 F.2d 892· 9th Cir.· 1972-01-04 ·cited 20×
  The court held that informal, statewide procedural policies of the California Adult Authority are not subject to the three-judge court requirement of 28 U.S.C. § 2281, and that prisoners do not have a constitutional right to counsel or access to records in administrative parole a
• Saverio Russo v. Kirby
  453 F.2d 548· 2d Cir.· 1971-12-27 ·cited 20×
  The court held that the district court lacked federal question jurisdiction under 28 U.S.C. § 1337 because the plaintiffs' claim for state welfare benefits did not arise directly under an Act of Congress regulating commerce. Other jurisdictional grounds were also insufficient.
• Nw. Airlines, Inc. v. The AIR Line Pilots Ass'n
  442 F.2d 251· 8th Cir.· 1971-04-15 ·cited 20×
  The court held that despite a strike settlement, the prior order compelling arbitration of a labor dispute should stand due to the importance of the issue and the likelihood of recurrence, but dissolved the injunction due to changed circumstances.
• Pietsch v. The President of the United States
  434 F.2d 861· 2d Cir.· 1970-11-25 ·cited 20×
  The court held that the taxpayer's suit to restrain tax collection was barred by statute, and his contempt conviction was reversed due to procedural defects in the contempt order.
• Trucking Unlimited v. Cal. Motor Transp. Co.
  432 F.2d 755· 9th Cir.· 1970-10-05 ·cited 20×
  The dissenting judge would affirm the lower court's decision, finding the defendants' actions protected from Sherman Act liability.
• Britt v. The Cyril Bath Co.
  417 F.2d 433· 6th Cir.· 1969-10-13 ·cited 20×
  The court held that the amended complaint sufficiently alleged facts to satisfy the 'in connection with' requirement for injunctive relief under Section 10(b) and Rule 10b-5, and that the materiality of the undisclosed facts presented a question of fact.
• Rosen v. Pub. Serv. Elec. & Gas Co.
  409 F.2d 775· 3d Cir.· 1969-04-01 ·cited 20×
  The court remanded the case, agreeing that the district court erred in dismissing the amended complaint for failure to exhaust administrative remedies.
• Duplig v. City OF S. Daytona
  195 So. 2d 581· Fla. 1st DCA· 1967-02-28 ·cited 20×
  A taxpayer and city councilman challenged a city council motion to provide legal defense for the mayor in a defamation suit filed by a former city clerk, arguing the municipal expenditure lacked a legitimate municipal purpose. The court affirmed dismissal of the complaint, holdin
• Carol City Utils., Inc. v. Dade Cnty.
  183 So. 2d 227· Fla. 3d DCA· 1966-02-01 ·cited 20×
  Carol City Utilities challenged the constitutionality of a Dade County ordinance creating a Metropolitan Water and Sewer Board, alleging violations of Florida's Constitution, general laws, and the Home Rule Charter. The trial court sustained a res adjudicata defense based on a pr
• Mauriece Coffman and Shirley v. Coffman
  177 So. 2d 25· Fla. 1st DCA· 1965-06-15 ·cited 20×
  Homeowners in Highland Park Subdivision sought to enjoin defendants from constructing a multi-unit apartment house on a parcel they claimed was subject to restrictive covenants limiting the property to single-family residential use. The appellate court reversed the lower court's
• Fortson v. Toombs
  379 U.S. 621· U.S.· 1965-01-18 ·cited 20×
• Birdie Mae Davis v. Bd. OF Sch. Comm'rs OF Mobile Cnty.
  333 F.2d 53· 5th Cir.· 1964-06-18 ·cited 20×
  The court held that the previously approved desegregation plan did not meet minimum constitutional standards and remanded the case for the submission of a new plan.
• Chance v. Cnty. Bd. OF Sch. Trs. OF McHENRY Cnty.
  332 F.2d 971· 7th Cir.· 1964-06-10 ·cited 20×
  The district court's dismissal of the action for lack of jurisdiction was proper.
• Tex. State AFL-CIO v. Kennedy
  330 F.2d 217· D.C. Cir.· 1964-02-06 ·cited 20×
  The court held that plaintiffs, a labor union and individual workers, lacked standing to sue immigration authorities to expel alien commuters, even if the commuters' presence caused economic competition.
• Carson v. The City OF Fort Lauderdale
  155 So. 2d 620· Fla. 2d DCA· 1963-08-07 ·cited 20×
  Homeowners appealed dismissal of their complaint challenging special assessments for storm sewers in Fort Lauderdale. The court reversed, holding that the complaint adequately alleged that their properties could not be benefitted by the proposed sewers, which is a constitutional
• Austris A. Wihtol v. Crow
  309 F.2d 777· 8th Cir.· 1962-11-27 ·cited 20×
  The court held that copying an entire copyrighted song constitutes infringement, not fair use, and that a state school district is immune from copyright infringement suits under the Eleventh Amendment, while an employer can be held liable under respondeat superior.
• Lorin E. Coppock, Jr. v. Blount
  145 So. 2d 279· Fla. 3d DCA· 1962-10-09 ·cited 20×
  Property owners and their educational corporation appealed dismissal of their complaint seeking declaratory and injunctive relief against wrongful back assessment of real property taxes. The court held that while property must be both owned and operated by an educational institut
• Norwood Shopping Ctr., Inc. v. MKR Corp.
  135 So. 2d 448· Fla. 3d DCA· 1961-12-18 ·cited 20×
  Norwood Shopping Center leased premises to MKR Corporation with a restrictive covenant prohibiting the landlord from leasing to other tenants operating a bakery as their principal business. When Frederick's Food Stores (an existing tenant under a prior lease) permitted August Bro
• Federated Mut. Implement & Hardware Ins. Co. v. Steinheider
  268 F.2d 734· 8th Cir.· 1959-07-22 ·cited 20×
  The court held that the plaintiff failed to establish by a preponderance of the evidence that the value of the right to be free from the defendant's competition exceeded $10,000, thus affirming the dismissal for lack of jurisdiction.
• Stroud v. Ezra T. Benson
  254 F.2d 448· 4th Cir.· 1958-04-01 ·cited 20×
  The court held that the Secretary of Agriculture was an indispensable party to the suit, requiring dismissal for lack of jurisdiction due to improper venue.
• Wilson v. Kennedy
  232 F.2d 153· 9th Cir.· 1956-04-10 ·cited 20×
  The Organic Act of Guam imposes a territorial income tax, and Guam officials are authorized to enforce it.
• Shafer v. United States
  229 F.2d 124· 4th Cir.· 1956-01-04 ·cited 20×
  The court held that the Agricultural Adjustment Act authorizes entry onto farms for acreage measurement and that the regulations promulgated thereunder are valid, including the use of injunctive relief to enforce compliance.
• Sherman Inv. Co. v. United States
  199 F.2d 504· 8th Cir.· 1952-11-07 ·cited 20×
  The court held that the appellant failed to meet its burden of proof to establish its premises qualified as a hotel exempt from rent control regulations.
• W. T. Rawleigh Co. v. Nat'l Labor Relations Bd.
  190 F.2d 832· 7th Cir.· 1951-07-09 ·cited 20×
  The court held that the inclusion of a non-compliant union's name in a cease and desist order was improper, and that employees who engaged in significant misconduct preventing others from working were not entitled to reinstatement.
• McCOMB v. Homeworkers' Handicraft Coop.
  176 F.2d 633· 4th Cir.· 1949-08-22 ·cited 20×
  Homeworkers performing unskilled manual labor as a step in a manufacturing process are employees under the Fair Labor Standards Act, regardless of whether they work in their homes or through an intermediary organization like a cooperative.
• Dayton v. Hunter
  176 F.2d 108· 10th Cir.· 1949-06-30 ·cited 20×
  The court held that a federal court of equity lacks the power to superintend the conduct of a federal penitentiary through injunctive processes.
• Walling v. O'Grady
  146 F.2d 422· 2d Cir.· 1944-12-29 ·cited 20×
  The court held that the Administrator can seek back pay for an employee discriminatorily discharged for filing a complaint under the Fair Labor Standards Act, as it is necessary to restore the employee's status quo.
• Buscaglia v. Dist. Court of San Juan
  145 F.2d 274· 1st Cir.· 1944-10-24 ·cited 20×
  The court held that the Supreme Court of Puerto Rico's decision was a final decision, thus conferring appellate jurisdiction. The court also addressed the substantive issues of taxpayer standing and the nature of the appropriation.
• Olds v. Alvord
  139 Fla. 745· Fla.· 1939-06-20 ·cited 20×
  The Florida Supreme Court addresses whether it has authority to grant a rehearing and reconsider a case after issuing a mandate. The Court denies appellees' motions to set aside the December 6, 1938 order granting rehearing, holding that it is evenly divided on the question and t
• Town of Orange City v. Thayer
  45 Fla. 502· Fla.· 1903-01-01 ·cited 20×
  The Town of Orange City appealed orders overruling its demurrer and denying its motion to dissolve a temporary injunction in a suit by cattle owners seeking to prevent enforcement of a municipal cattle-impounding ordinance. The Florida Supreme Court held that because the cattle o
• Mobile Shelter Sys. USA, Inc. v. Grate Pallet Solutions, LLC
  845 F. Supp. 2d 1241· M.D. Fla.· 2012-01-14 ·cited 19×
  Summary judgment is granted for defendants on all claims. The court excluded expert testimony of Dr. Charles Benedict for untimely disclosure of trade dress opinions in violation of Rule 26, finding substantial prejudice to defendants and no substantial justification or harmlessn
• Tiramisu Intertional LLC v. Clever Imports LLC
  741 F. Supp. 2d 1279· S.D. Fla.· 2010-08-11 ·cited 19×
  The court adopted the magistrate judge's report and recommendation, granting in part and denying in part the plaintiff's motion for permanent injunctive relief, damages, and attorney fees, based on a default judgment for trademark infringement.
• Olmstead v. Fed. Trade Comm'n
  44 So. 3d 76· Fla.· 2010-06-24 ·cited 19×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a judgment creditor may compel a judgment debtor to surrender all ownership interest in a single-member LLC to satisfy a judgment. The Court held that Florida's charging order reme
• Kolsky v. Jackson Square, LLC
  28 So. 3d 965· Fla. 3d DCA· 2010-02-24 ·cited 19×
  Five defendants appealed from an order denying their motion to compel arbitration of claims arising from a Miami development project dispute. The Third District Court of Appeal reversed the trial court's denial of the motion to compel arbitration, finding that the claims fell wit
• City OF Tampa v. Addison
  979 So. 2d 246· Fla. 2d DCA· 2007-08-08 ·cited 19×
  The City of Tampa appeals a circuit court order certifying bilateral class actions—one for lawyers subject to occupational license taxes throughout Florida and one for all municipalities and counties imposing such taxes. The appellate court affirms the class certification, reject
• DiCHRISTOPHER v. Bd. OF Cnty. Comm'rs
  908 So. 2d 492· Fla. 5th DCA· 2005-06-10 ·cited 19×
  DiChristopher appealed the dismissal of his request for a temporary injunction to stop Brevard County's mosquito control flooding of his property. The Fifth District affirmed the trial court's denial, holding that DiChristopher had an adequate remedy at law through inverse condem
• Miller v. King
  384 F.3d 1248· 11th Cir.· 2004-09-14 ·cited 19×
  The Eleventh Circuit reversed in part and affirmed in part the district court's grant of summary judgment. The court reversed as to the plaintiff's Eighth Amendment claims for monetary damages against Warden Sikes in his individual capacity, and for injunctive relief against Sike
• Barger v. City OF Cartersville
  348 F.3d 1289· 11th Cir.· 2003-10-28 ·cited 19×
  The Eleventh Circuit affirmed the district court's judgment dismissing the plaintiff's claims for monetary damages based on judicial estoppel, but reversed the district court's decision to the extent it prohibited the plaintiff from seeking injunctive relief. The court held that
• Access Now, Inc. v. S. Fla. Stadium Corp.
  161 F. Supp. 2d 1357· S.D. Fla.· 2001-09-10 ·cited 19×
  The court held that the plaintiff has standing to sue for ADA violations concerning wheelchair seating and restrooms he personally encountered or had actual notice of, but not for other alleged violations.
• Burtman v. Tech. Chems. & Prods., Inc.
  724 So. 2d 672· Fla. 4th DCA· 1999-01-20 ·cited 19×
  The court held that under Florida Statute section 678.401, a plaintiff may pursue both injunctive relief and damages for an issuer's failure to register a securities transfer, rejecting the argument that common law irreparable harm requirements apply to statutory injunctions unde
• Lawyer v. Dep't of Just.
  521 U.S. 567· U.S.· 1997-06-25 ·cited 19×
  A federal court cannot redraw state legislative districts without first finding a constitutional violation and giving the state legislature an opportunity to do so itself.
• Blum v. Tamarac Fairways Ass'n, Inc.
  684 So. 2d 826· Fla. 4th DCA· 1996-09-25 ·cited 19×
  A condominium association sought injunctive relief against a unit owner for leasing his unit without approval, allegedly violating the condominium declaration. The court reversed the trial court's denial of a motion to dismiss, holding that disputes over a unit owner's right to l
• The Bd. OF Trs. OF the Internal Improvement Tr. Fund v. The Seminole Cnty. Bd. OF Cnty. Comm'rs
  623 So. 2d 593· Fla. 5th DCA· 1993-08-27 ·cited 19×
  The court held that the 30-day period to challenge a development order begins from the date of the initial approval of the rezoning application, not the later execution of the development order.
• Mittenzwei v. Indus. Waste Serv., Inc.
  618 So. 2d 328· Fla. 3d DCA· 1993-05-11 ·cited 19×
  The court held that the trial court erred in granting an injunction because the evidence did not establish that the customer list constituted a trade secret or that the former employee possessed or used confidential information.