Injunctive Relief

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

• Laurence N. Belair & Provident Mgmt. Corp. v. City OF Treasure Island
  611 So. 2d 1285· Fla. 2d DCA· 1992-12-18 ·cited 19×
  The City of Treasure Island sought to enjoin a condominium owner (Belair) from renting his units more than six times per year and prevent a real estate management company (Provident) from operating an on-site rental office, based on zoning code restrictions. The appellate court r
• Maria-Kelly F. Yniguez v. State OF Ariz.
  939 F.2d 727· 9th Cir.· 1991-07-19 ·cited 19×
  The court held that the sponsors of a ballot initiative have standing to intervene and appeal a post-judgment decision holding the initiative unconstitutional, even when the named defendant chooses not to appeal, provided they meet Article III standing requirements.
• Jeff D. v. Andrus
  899 F.2d 753· 8th Cir.· 1989-10-23 ·cited 19×
  The court held that the district court erred in excluding certain juveniles from the settlement agreement's benefits, interpreting the stipulation and settlement agreement broadly to include those diagnosed with mental illness regardless of their initial commitment reason or resi
• Enter. Mgmt. Consultants, Inc. v. United States ex rel. Donald Hodel
  883 F.2d 890· 10th Cir.· 1989-08-28 ·cited 19×
  The court held that the Tribe is an indispensable party and thus the suit against federal officials must be dismissed, and affirmed the dismissal of the suit against the Tribe based on sovereign immunity.
• Bolt v. Halifax Hosp. Med. Ctr.
  851 F.2d 1273· 11th Cir.· 1988-08-08 ·cited 19×
  The court held that while Florida law articulates a policy for peer review, the state's judicial review of such decisions constitutes active supervision, thus exempting hospitals and their staff from antitrust liability under the state action doctrine for individual hospital cons
• Little OIL Co., Inc. v. Atl. Richfield Co.
  852 F.2d 441· 9th Cir.· 1988-07-19 ·cited 19×
  The court held that the jury instructions regarding constructive termination under the Petroleum Marketing Practices Act were proper, and that claims under California's unfair business practices statutes and Franchise Investment Law were correctly dismissed. The court also affirm
• Spears v. Thigpen
  846 F.2d 1327· 11th Cir.· 1988-06-13 ·cited 19×
  The court held that an inmate's claims for injunctive and declaratory relief regarding confinement conditions become moot upon transfer to another facility, but a due process claim regarding continued segregation may remain a live controversy.
• Brunswick Corp. v. Spinit Reel Co.
  832 F.2d 513· 10th Cir.· 1987-10-15 ·cited 19×
  The court held that the shape of the Zebco Model 33 reel cover is nonfunctional and that there was a likelihood of confusion, affirming the Lanham Act violation. The court also affirmed the rejection of the laches defense.
• Olson v. Norman
  830 F.2d 811· 8th Cir.· 1987-09-15 ·cited 19×
  The court held that the Secretary improperly terminated Medicaid benefits by considering sibling income, as this constitutes impermissible 'deeming' under 42 U.S.C. § 1396a(a)(17)(D). The court also reversed in part the award of attorneys' fees against the Secretary.
• Teachers Ins. & Annuity Ass'n OF Am. v. Butler
  803 F.2d 61· 2d Cir.· 1986-10-09 ·cited 19×
  The court held that the automatic stay under 11 U.S.C. § 362 applies to a debtor's appeal, but not to non-debtor co-defendants acting in bad faith. The court also affirmed the district court's sanctions.
• Thompson v. Thompson
  798 F.2d 1547· 9th Cir.· 1986-09-10 ·cited 19×
  Federal courts have subject matter jurisdiction under the Parental Kidnapping Prevention Act (PKPA) to determine which of two conflicting state child custody decrees is valid and enforceable.
• Sec. First Fed. Sav. & Loan Ass'n v. Jarchin
  479 So. 2d 767· Fla. 5th DCA· 1985-10-31 ·cited 19×
  Security First Federal Savings & Loan Association sought to accelerate a mortgage and foreclose based on a due-on-sale clause after the mortgagor conveyed the property via a wrap-around mortgage instead of allowing an assumption. The court affirmed summary judgment for the mortga
• Wolfenbarger v. Clancy Williams
  774 F.2d 358· 10th Cir.· 1985-09-26 ·cited 19×
  The dissenting judge believes the due process issue was not properly decided on summary judgment and would remand for further consideration of post-deprivation remedies.
• Int'l Union OF Bricklayers & Allied Craftsmen v. Meese
  761 F.2d 798· D.C. Cir.· 1985-05-17 ·cited 19×
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction, standing, and mootness, finding that the appellants had standing to challenge the INS Operations Instruction.
• Bailey v. Christo
  453 So. 2d 1134· Fla. 1st DCA· 1984-06-29 ·cited 19×
  Bailey appeals a preliminary injunction ordering him to open and operate the Spinnaker II nightclub and pay stipulated percentages of gross revenues to himself and co-owner Christo during the 1984 season. The court affirmed, holding that the trial court did not abuse its discreti
• J.N.S., Inc. v. State OF Ind.
  712 F.2d 303· 7th Cir.· 1983-07-15 ·cited 19×
  The court held that the plaintiff lacked standing because it had not suffered sufficient actual or threatened injury to present a case or controversy under Article III.
• Traguth v. D'Lela Zuck
  710 F.2d 90· 2d Cir.· 1983-06-17 ·cited 19×
  The court held that a default judgment was improperly entered because the defendant's pro se answer was timely filed within an extension period, and the court abused its discretion by not considering her motion to set aside the default, especially given her pro se status.
• Cummings v. United States & Colonel James M. Sigler
  648 F.2d 289· 5th Cir.· 1981-06-16 ·cited 19×
  A federal court must dismiss a case if it was improperly filed in state court and removed, even if it could have been initially filed in federal court, due to derivative jurisdiction.
• Twentieth Century Music Corp. v. Frith
  645 F.2d 6· 5th Cir.· 1981-05-14 ·cited 19×
  The court held that there is no right to a jury trial in a copyright infringement action seeking only statutory minimum damages and injunctive relief, and that the award of attorney's fees was not excessive.
• Strozier v. Gen. Motors Corp. (Lakewood Assembly Plant)
  635 F.2d 424· 5th Cir.· 1981-01-27 ·cited 19×
  A voluntary settlement of claims, and an arbitration award that provides full equivalent relief, will bar subsequent litigation of those claims under Title VII and § 1981.
• DOE v. Civiletti
  635 F.2d 88· 2d Cir.· 1980-10-15 ·cited 19×
  The court held that the United States is not bound by unauthorized promises of its agents, and that the Attorney General's discretion in administering the Witness Protection Program is largely insulated from judicial review.
• Bullard v. Webster
  623 F.2d 1042· 5th Cir.· 1980-08-13 ·cited 19×
  The court held that the FBI's decision to transfer a special agent is not judicially reviewable and that the agent had no property interest in remaining in his preferred office. The court also affirmed the denial of attorney's fees.
• Haitian Refugee Ctr. v. Civiletti
  503 F. Supp. 442· S.D. Fla.· 1980-07-02 ·cited 19×
  The court held that the district court has jurisdiction to review claims alleging procedural irregularities in the Immigration and Naturalization Service's (INS) processing of asylum claims, distinguishing these from direct challenges to final deportation orders which are exclusi
• Dist. OF Columbia v. Schramm
  631 F.2d 854· D.C. Cir.· 1980-06-18 ·cited 19×
  The court held that the EPA's decision not to veto a state-issued NPDES permit is not reviewable in federal court, and that the District failed to demonstrate harm under federal common law of nuisance.
• Einhorn v. DeWITT
  618 F.2d 347· 5th Cir.· 1980-06-04 ·cited 19×
  The court held that 26 C.F.R. § 601.107(b)(2) grants discretion to the IRS regarding disclosure of information in criminal investigations, and therefore, federal courts lack jurisdiction to compel such disclosure.
• Rosezella Cook v. Ochsner Found. Hosp.
  559 F.2d 270· 5th Cir.· 1977-09-16 ·cited 19×
  The court held that Alyeska Pipeline does not preclude a court's inherent authority to award attorneys' fees in a civil contempt proceeding to compensate for losses incurred due to noncompliance with a court order.
• In re Glenn W. Turner Enters. Litig. Appeal of Ky. Attorney Gen.
  521 F.2d 775· 3d Cir.· 1975-08-04 ·cited 19×
  The court held that the district court's order restraining the Kentucky Attorney General from executing on his state court judgment was an injunction barred by the Federal Anti-Injunction Act, as it was not necessary in aid of the federal court's jurisdiction nor expressly author
• Biderman v. Rogers C. B. Morton
  497 F.2d 1141· 2d Cir.· 1974-05-30 ·cited 19×
  The court held that federal courts lack jurisdiction to enjoin municipal zoning actions on Fire Island, as neither the Fire Island National Seashore Act nor NEPA grants such power over non-federal entities absent federal funding or partnership.
• Walker v. Providence Journal Co.
  493 F.2d 82· 1st Cir.· 1974-02-27 ·cited 19×
  The court held that while the plaintiff franchisee and franchisor had standing to seek injunctive relief, the plaintiff failed to demonstrate a likelihood of success on the merits for the preliminary injunction. The court affirmed the denial of the preliminary injunction.
• United States v. Doyle
  468 F.2d 633· 10th Cir.· 1972-11-06 ·cited 19×
  The court held that the trial court did not err in finding the original corner monument lost and in accepting the boundary established by the 1965 resurvey, as the record supported these findings.
• Conn. Action NOW, Inc. v. Roberts Plating Co., Inc.
  457 F.2d 81· 2d Cir.· 1972-03-21 ·cited 19×
  Private citizens cannot sue under the Rivers and Harbors Act of 1899, either for qui tam penalties or to seek an injunction, as enforcement is reserved to the Department of Justice.
• Massachusetts v. Laird
  400 U.S. 886· U.S.· 1970-11-09 ·cited 19×
  The Court denies leave to file a complaint filed by the Commonwealth of Massachusetts against the Secretary of Defense, seeking to challenge the constitutionality of the United States' participation in the Indochina war. The dissenting justice argues that Massachusetts has standi
• Adell Kirkland v. Wallace
  403 F.2d 413· 5th Cir.· 1968-10-22 ·cited 19×
  The court held that the Alabama statute prohibiting the circulation of boycott notices is unconstitutional on its face due to overbreadth, violating the First Amendment. Federal courts should not abstain from hearing such cases.
• Food Fair Stores, Inc. v. Lakeland Grocery Corp.
  301 F.2d 156· 4th Cir.· 1962-03-22 ·cited 19×
  The court held that the plaintiff's trade name had acquired secondary meaning in the area and that the defendant's appropriation was not in good faith, entitling the plaintiff to protection.
• Shamhart v. Morrison Cafeteria Co.
  159 Fla. 629· Fla.· 1947-10-28 ·cited 19×
  Shamhart owned a pharmacy adjacent to Morrison's Cafeteria in West Palm Beach. Customer lines extending from the cafeteria onto the public sidewalk blocked his store entrances, causing business losses. The Florida Supreme Court held that the cafeteria's use of the public sidewalk
• Stephens v. Stickel
  146 Fla. 104· Fla.· 1941-02-11 ·cited 19×
  The Florida Supreme Court upheld a city ordinance restricting the distribution of handbills to motor vehicle occupants at specified street intersections, rejecting a First Amendment challenge. The Court held that reasonable safety regulations of speech activity in traffic interse
• Myles Kenneth Leighton v. First Universal Lending, LLC
  925 So. 2d 462· Fla. 4th DCA· 2006-04-12 ·cited 18×
  An injunction enforcing a non-compete agreement may be affirmed against an employee but reversed against a non-party business entity if that entity was not properly served or given notice and an opportunity to be heard.
• Graham v. The Peter K. Yeskel 1996 Irrevocable Tr.
  928 So. 2d 371· Fla. 4th DCA· 2006-03-01 ·cited 18×
  The Fourth District Court of Appeal affirmed the trial court's denial of attorney's fees to defendants Richard and Ann Graham because their joint settlement proposal failed to comply with Florida Rule of Civil Procedure 1.442(c)(3), which requires that joint proposals apportion t
• Fla. Caucus OF Black State Legislators, Inc. v. Crosby
  877 So. 2d 861· Fla. 1st DCA· 2004-07-14 ·cited 18×
  The Florida Conference of Black State Legislators sought mandamus relief to compel the Department of Corrections to comply with a statute requiring the provision of civil rights restoration application forms to offenders prior to discharge. The trial court dismissed the mandamus
• Moseley v. V Secret Catalogue, Inc.
  537 U.S. 418· U.S.· 2003-03-04 ·cited 18×
  The Court agrees that the evidentiary showing required by the Federal Trademark Dilution Act can be clarified on remand, and the conclusion that VICTORIA'S SECRET is a famous mark is not challenged.
• Penelas v. Arms Tech., Inc.
  778 So. 2d 1042· Fla. 3d DCA· 2001-02-14 ·cited 18×
  Miami-Dade County sued firearms manufacturers, trade associations, and retailers seeking to recover costs of responding to firearms incidents and requesting injunctive relief to mandate product redesigns and alter distribution methods. The court affirmed dismissal of the complain
• Fla. Game & Freshwater Fish Comm'n & the Dep't of Env't Prot. v. Denzel Dockery
  676 So. 2d 471· Fla. 1st DCA· 1996-06-11 ·cited 18×
  The Florida Game and Freshwater Fish Commission and Department of Environmental Protection appealed a judgment awarding $625,000 in false arrest damages to Denzel Dockery, challenging the trial court's finding that no probable cause existed for his arrest. The appellate court rev
• Port Everglades Auth. v. Int'l Longshoremen's Ass'n
  652 So. 2d 1169· Fla. 4th DCA· 1995-03-08 ·cited 18×
  The Port Everglades Authority violated Florida's Sunshine Law by excluding competing bidders from presentations during a crane maintenance contract selection process. The court invalidated the resulting contract award but reversed the trial court's retention of broad, ongoing jur
• McRAE v. Douglas
  644 So. 2d 1368· Fla. 5th DCA· 1994-09-30 ·cited 18×
  Kenneth McRae, a correctional officer and deputy sheriff appointed by the Putnam County Sheriff, appealed the dismissal of his four-count complaint alleging wrongful discharge. The court affirmed dismissal, holding that appointed deputy sheriffs and correctional officers lack a c
• SUN Coast Int'l Inc. v. Dep't of Bus. Reg.
  596 So. 2d 1118· Fla. 1st DCA· 1992-03-11 ·cited 18×
  Sun Coast International appealed an administrative order requiring it to refund rent increases collected from mobile home park tenants. The court affirmed that taping a prospectus to a tenant's door does not constitute statutory "delivery," but reversed the restitution order, hol
• de Leon v. Aerochago, S.A.
  593 So. 2d 558· Fla. 3d DCA· 1992-01-28 ·cited 18×
  The court held that the trial court erred in denying the motion to dissolve the temporary injunction because the appellees failed to demonstrate a clear legal right and the likelihood of irreparable harm, as they had an adequate remedy at law.
• Pub. Interest Research Grp. OF NEW Jersey, Inc. v. Powell Duffryn Terminals Inc.
  913 F.2d 64· 3d Cir.· 1990-08-20 ·cited 18×
  The court held that the plaintiffs' alleged injuries were not sufficiently traceable to the defendant's specific discharge to establish constitutional standing, despite the defendant's egregious pollution record.
• Zajac v. Fed. Land Bank OF ST. Paul
  909 F.2d 1181· 8th Cir.· 1990-07-31 ·cited 18×
  The Anti-Injunction Act deprived the District Court of jurisdiction to enjoin a state court proceeding, and therefore the judgment should be affirmed.
• The Green Cos., Inc. v. Kendall Racquetball Invs., Ltd.
  560 So. 2d 1208· Fla. 3d DCA· 1990-03-13 ·cited 18×
  Green Companies appeals a trial court judgment dismissing its claims for specific performance and injunctive relief against Kendall Racquetball regarding parking space obligations at a commercial development. The appellate court reverses, finding that Kendall breached its contrac
• Glaxo Operations UK Ltd. v. Quigg
  894 F.2d 392· Fed. Cir.· 1990-01-24 ·cited 18×
  The court held that the plain meaning of "product" in the patent term extension statute, defined as the active ingredient including salts or esters, controls, and the Commissioner cannot substitute a broader interpretation of "new chemical entity" based on legislative history or