Injunctive Relief

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

• DAN River, Inc. v. Unitex Ltd.
  624 F.2d 1216· 4th Cir.· 1980-05-29 ·cited 18×
  The court held that a target corporation has standing to sue under the Williams Act to challenge the accuracy and completeness of a Schedule 13D filing, and that the district court erred in dismissing the action on jurisdictional grounds.
• Inv. Annuity, Inc. v. W. Michael Blumenthal as Secretary of the Treasury of the United States
  609 F.2d 1· D.C. Cir.· 1979-10-05 ·cited 18×
  The court held that the Anti-Injunction Act and the tax exception to the Declaratory Judgment Act bar the district court's relief, as the suit's purpose was to restrain tax collection.
• Prof'l Computer Mgmt., Inc. v. Tampa Wholesale Liquor Co., Inc.
  374 So. 2d 626· Fla. 2d DCA· 1979-08-15 ·cited 18×
  Professional Computer Management, Inc. (PCM) appealed from a directed verdict favoring Tampa Wholesale Liquor Co. (TWL) in a contract dispute. The Florida appellate court reversed, holding that factual questions regarding PCM's performance, the parties' agreements, and TWL's grou
• Allstate Ins. Co. v. Sabbagh
  603 F.2d 228· 1st Cir.· 1979-08-01 ·cited 18×
  The district court did not abuse its discretion in dismissing the action based on the Burford abstention doctrine, as the case involved an intensely local interest with a comprehensive state regulatory scheme and concentrated judicial review.
• Jicarilla Apache Tribe v. United States
  601 F.2d 1116· 10th Cir.· 1979-06-22 ·cited 18×
  The court held that the district court's dismissal order was final and appealable, and that the Tribe had alleged a sufficient case or controversy to invoke federal court jurisdiction.
• In re Boston & Me. Corp.
  596 F.2d 2· 1st Cir.· 1979-04-05 ·cited 18×
  The New Hampshire Public Utilities Commission lacked jurisdiction to prevent the railroad trustees from dismantling tracks on abandoned lines, as federal law preempts state authority over such matters. The reorganization court properly adjudicated title to the track materials as
• Battle v. Park J. Anderson
  594 F.2d 786· 10th Cir.· 1979-03-15 ·cited 18×
• Booker v. Special Sch. Dist. NO. 1
  585 F.2d 347· 8th Cir.· 1978-10-12 ·cited 18×
  The court affirmed the district court's order, finding no clear error in its factual findings, application of law, or exercise of discretion regarding school integration remedies.
• Werner v. United States Dep't of Interior
  581 F.2d 168· 8th Cir.· 1978-07-20 ·cited 18×
  The court held that the district court correctly dismissed equitable claims for lack of jurisdiction under the Tucker Act and properly dismissed the damages claim because the government is not bound by unauthorized representations of its agents.
• Hosp. Ass'n OF NEW York State, Inc. v. Toia
  577 F.2d 790· 2d Cir.· 1978-04-27 ·cited 18×
  Congress' retroactive repeal of the Medicaid Act's mandatory waiver of Eleventh Amendment immunity provision applies to pending cases, allowing New York to reassert its immunity and nullifying prior consent to suit.
• Mass. Gen. Hosp. v. Weiner
  569 F.2d 1156· 1st Cir.· 1978-01-25 ·cited 18×
  The court held that the Massachusetts Medicaid prospective reimbursement plan, approved by the Secretary, provided for 'reasonable costs' as required by federal law and did not violate constitutional due process or equal protection rights.
• Alliance TO END Repression v. Rochford
  565 F.2d 975· 7th Cir.· 1977-11-22 ·cited 18×
  The court held that the district court did not abuse its discretion in certifying the classes because the class definitions were sufficiently definite and common questions of law or fact existed.
• Texas Acorn v. Tex. Area 5 Health Sys. Agency, Inc.
  559 F.2d 1019· 5th Cir.· 1977-09-23 ·cited 18×
  The court held that the district court erred in granting summary judgment because it failed to hold an evidentiary hearing and applied an incorrect standard of review. The court also found a lack of jurisdiction over the HSA due to failure to meet the amount-in-controversy requir
• Alvah L. Snow v. Ford Motor Co.
  561 F.2d 787· 9th Cir.· 1977-09-23 ·cited 18×
  The court held that the amount in controversy for removal jurisdiction cannot be met by aggregating individual claims, even when injunctive relief is sought, if those claims are separate and distinct.
• Kargman v. Sullivan
  552 F.2d 2· 1st Cir.· 1977-03-31 ·cited 18×
  The court held that local rent control applied to federally-insured housing because the Secretary had not taken a clear stance on preemption.
• Sadowski v. Shevin
  345 So. 2d 330· Fla.· 1977-03-10 ·cited 18×
  William Sadowski challenged Florida Statutes Section 106.15(1), which prohibited candidates from spending campaign funds on advertising and public events prior to officially qualifying for office. The Florida Supreme Court held the statute unconstitutional as an impermissible res
• Hiram G. Hill, Jr. v. Tenn. Valley Auth.
  549 F.2d 1064· 6th Cir.· 1977-01-31 ·cited 18×
• Shiffler v. Schlesinger
  548 F.2d 96· 3d Cir.· 1977-01-12 ·cited 18×
  The court held that the district court did not abuse its discretion in denying injunctive relief based on laches, considering the significant progress of the military base realignment and potential prejudice to national defense.
• Schulke v. United States
  544 F.2d 453· 10th Cir.· 1976-11-08 ·cited 18×
  The court held that the district court correctly dismissed the complaint because it lacked jurisdiction over the claims for mandamus and declaratory/injunctive relief.
• In re Yarn Processing Patent Validity Litig. Sauquoit Fibers Co. v. Leesona Corp.
  541 F.2d 1127· 5th Cir.· 1976-11-05 ·cited 18×
  The court held that the manufacturing license agreements violated Sections 1 and 2 of the Sherman Act, constituting patent misuse and rendering the patents unenforceable. However, certain customer restrictions were not an illegal extension of the patent monopoly, and the profit-s
• Bradford Sch. BUS Transit, Inc. v. Chicago Transit Auth.
  537 F.2d 943· 7th Cir.· 1976-07-07 ·cited 18×
  Private school bus operators have standing to challenge UMTA's funding of CTA's competing school bus operations, and UMTA's actions are judicially reviewable, but plaintiffs must first exhaust administrative remedies.
• DR. John T. MacDONALD Found., Inc. v. Mathews
  534 F.2d 633· 5th Cir.· 1976-07-02 ·cited 18×
  The court held that the Department of Health, Education, and Welfare (HEW) misinterpreted its own regulation when reducing Medicare reimbursement to a hospital based on revenue from leasing its radiology department.
• Foster & Co., Inc. v. Snodgrass
  333 So. 2d 521· Fla. 2d DCA· 1976-06-18 ·cited 18×
  The court held that the trial court erred in denying injunctive relief for a violation of a noncompetitive agreement, as the employee's violation was clear and sufficient for enforcement under the statute.
• In re Lammot duPont Copeland, Jr.
  531 F.2d 1195· 3d Cir.· 1976-03-03 ·cited 18×
  The court held that Pension Benefit's security interest in the stock attached and was perfected in 1967, making it superior to the debtor-in-possession's rights. The court also held that Pension Benefit failed to comply with UCC Article 9's default provisions by not selling or pr
• United GAS Pipe Line Co. v. Bevis
  336 So. 2d 560· Fla.· 1976-01-07 ·cited 18×
  The Florida Supreme Court invalidated Section 366.065, which authorized the Public Service Commission to regulate natural gas prices charged by interstate pipeline companies upon consumer complaint, finding the statute an improper exercise of police power, defectively titled, and
• King v. Honorable Rogers C. B. Morton
  520 F.2d 1140· D.C. Cir.· 1975-10-09 ·cited 18×
  The court held that the constitutional right to a jury trial in serious criminal offenses applies to American Samoa, and jurisdiction exists under 28 U.S.C. § 1361.
• Culbertson v. Leland
  528 F.2d 426· 9th Cir.· 1975-10-03 ·cited 18×
  The seizure of a tenant's property by an innkeeper under state innkeeper's lien statutes, without a security interest in the property, constitutes state action.
• Vincenzo Burrafato and Antonina Burrafato v. United States Dep't OF State & United States Immigr. & Naturalization Serv.
  523 F.2d 554· 2d Cir.· 1975-08-13 ·cited 18×
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction, as federal courts should not intervene in the executive branch's enforcement of immigration policy regarding alien exclusion.
• Centex Homes Corp. v. Metro. Dade Cnty.
  318 So. 2d 149· Fla. 3d DCA· 1975-07-29 ·cited 18×
  Centex Homes Corporation appealed the dismissal of its complaint seeking to enjoin Metropolitan Dade County from enforcing a zoning ordinance and declare it invalid. The court held that Centex's action constituted a direct attack on the county commission's denial of a variance pe
• Townsend v. Edelman
  518 F.2d 116· 7th Cir.· 1975-06-02 ·cited 18×
  The Eleventh Amendment bars retroactive monetary awards for periods before injunctive relief was granted, and attorney fees cannot be awarded under the private attorney general theory without statutory authorization.
• Clinton Cmty. Hosp. Corp. v. S. Md. Med. Ctr.
  510 F.2d 1037· 4th Cir.· 1975-02-10 ·cited 18×
  The court held that the appellant lacked standing to sue and failed to state a claim upon which relief could be granted.
• United Transp. Union Gen. Comm. of Adjustment (on Prop. of Penn Cent. Company) v. Baker
  499 F.2d 727· 7th Cir.· 1974-02-22 ·cited 18×
  The court should have affirmed the district court's finding that the railroad's unilateral change created a major dispute, thus allowing jurisdiction.
• JOY v. Holland Daniels
  479 F.2d 1236· 4th Cir.· 1973-06-11 ·cited 18×
  The court held that tenants in federally subsidized housing have a property interest in continued occupancy, protected by the Fourteenth Amendment, and cannot be evicted without good cause, even after a lease term expires.
• Morrow v. Giles W. Crisler
  479 F.2d 960· 5th Cir.· 1973-04-18 ·cited 18×
• Gen. Dynamics Corp. v. Local 5, Indus. Union OF Marine & Shipbuilding Workers OF Am., AFL-CIO
  469 F.2d 848· 1st Cir.· 1972-11-15 ·cited 18×
  The court held that federal courts have power to enforce an arbitrator's cease and desist order against a work stoppage, and that the issue of whether a party repudiated the arbitration agreement is for the arbitrator to decide.
• Kerr v. Screen Extras Guild, Inc.
  466 F.2d 1267· 9th Cir.· 1972-09-20 ·cited 18×
  The court held that the Labor-Management Reporting and Disclosure Act permits recovery of litigation expenses, including attorney's fees, in suits brought under its provisions, and that the case was not moot despite the cessation of challenged conduct.
• In re Schokbeton Indus., Inc. v. Schokbeton Prods. Corp.
  466 F.2d 171· 5th Cir.· 1972-08-16 ·cited 18×
  A bankruptcy referee cannot indefinitely postpone a debtor's contractual obligations, and the filing of a Chapter XI petition does not automatically extend cure periods for defaults under executory contracts.
• Dawson v. Contractors Transp. Corp.
  467 F.2d 727· D.C. Cir.· 1972-06-15 ·cited 18×
  A cross-claiming defendant in a negligence action is not constitutionally entitled to a jury trial on a claim for a 'Murray credit' because such a claim is equitable in nature.
• T. M. T. Trailer Ferry, Inc. v. Union de Tronquistas de Puerto RICO
  453 F.2d 1171· 1st Cir.· 1971-12-20 ·cited 18×
  The court held that a district court cannot consolidate a preliminary injunction hearing with a trial on the merits without providing prior notice to the parties.
• Wildlife Preserves, Inc. v. Volpe
  443 F.2d 1273· 3d Cir.· 1971-06-07 ·cited 18×
  The court held that summary judgment for the defendants was proper because the project received federal design approval prior to the effective dates of the relevant statutes and regulations, and there was no genuine factual dispute regarding this approval date.
• Sweetarts v. Sunline, Inc.
  436 F.2d 705· 8th Cir.· 1971-01-20 ·cited 18×
  The court held that the plaintiff's market penetration in eight states was insufficient to establish a likelihood of confusion and entitle it to injunctive protection in those states. The court also affirmed the denial of an accounting and additional attorney fees for civil conte
• Seaboard World Airlines, Inc. v. Transp. Workers Union OF Am., AFL-CIO
  425 F.2d 1086· 2d Cir.· 1970-03-23 ·cited 18×
  A federal court may enjoin a strike prohibited by an airline collective bargaining agreement until the legality of the prohibition can be determined by the court, distinguishing this from cases solely governed by the Norris-LaGuardia Act.
• City OF Miami v. City OF Coral Gables
  233 So. 2d 7· Fla. 3d DCA· 1970-03-10 ·cited 18×
  The City of Miami appeals a circuit court judgment enjoining operation of its incinerator in Coconut Grove as a public and private nuisance. The appellate court affirmed the injunction and reversed a contempt order, holding that the incinerator's emissions constituted a nuisance
• Rev. Robert Hunter v. Allen
  422 F.2d 1158· 5th Cir.· 1970-01-20 ·cited 18×
• The Reverend Henry Hale Bucher, Jr. v. Selective Serv. Sys.
  421 F.2d 24· 3d Cir.· 1970-01-02 ·cited 18×
  The court held that pre-induction judicial review of draft reclassifications is generally barred by statute, except in cases where a registrant is denied a statutory exemption or faces punishment without due process.
• Wright v. The City OF Montgomery
  406 F.2d 867· 5th Cir.· 1969-01-27 ·cited 18×
  The court held that the Montgomery ordinances for Disorderly Conduct, Loitering, and Failure to Obey are constitutional on their face, as interpreted by Alabama courts, and thus federal injunctive relief is not warranted.
• Mrs. Ernestine Walton v. The Nashville
  401 F.2d 137· 8th Cir.· 1968-09-27 ·cited 18×
  The court held that the non-reemployment of teachers was not based on racial discrimination, but rather on failure to comply with reasonable procedures or lack of superior qualifications.
• All-Dixie Ins. Agency, Inc. v. Moffatt
  212 So. 2d 347· Fla. 3d DCA· 1968-07-09 ·cited 18×
  All-Dixie Insurance Agency appealed a trial court decision regarding a disputed insurance business purchase agreement with W. J. Moffatt. The key dispute concerned whether certain policies constituted 'brokerage business' excluded from the purchase price under the contract's clea
• Liberty Lobby, Inc. v. Drew Pearson
  390 F.2d 489· D.C. Cir.· 1967-12-27 ·cited 18×
  The court held that the denial of a temporary injunction was proper because monetary damages were an adequate remedy at law and there was no basis for equitable relief.
• Rotenberg v. City OF Fort Pierce
  202 So. 2d 782· Fla. 4th DCA· 1967-09-29 ·cited 18×
  A junk yard operator appealed an injunction requiring compliance with a city zoning ordinance that imposed setback requirements and mandated fencing or vegetative screening. The appellate court upheld the ordinance's constitutionality and the availability of injunctive relief, bu