Injunctive Relief

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

• LeFLORE v. Robinson
  434 F.2d 933· 5th Cir.· 1970-11-12 ·cited 17×
  The court held that certain Mobile ordinances were facially unconstitutional due to vagueness and overbreadth, violating First Amendment rights, and that abstention was inappropriate.
• Broward Williams v. Lou Verda Bryant Newton
  236 So. 2d 98· Fla.· 1970-05-20 ·cited 17×
  Florida's Financial Responsibility Law requires all motor vehicle owners and operators involved in accidents to demonstrate financial responsibility regardless of fault. The Florida Supreme Court upheld the law against constitutional challenges, holding that requiring insurance c
• Anheuser-Busch v. Fed. Trade Comm'n
  359 F.2d 487· 8th Cir.· 1966-01-06 ·cited 17×
  The court held that plaintiffs have an adequate remedy at law through judicial enforcement proceedings, making dismissal of their complaint for lack of jurisdiction and failure to state a claim appropriate.
• Dade Cnty. v. Overstreet
  59 So.2d 862· Fla.· 1952-07-11 ·cited 17×
  The Supreme Court of Florida reversed a lower court's dismissal of Dade County's complaint, holding that the county could seek an injunction to prevent the Tax Collector from issuing an occupational license for a liquor store. The court clarified that zoning matters are judicial
• Merryman v. S. Tours, Inc.
  120 Fla. 440· Fla.· 1935-07-23 ·cited 17×
  Southern Tours, Inc. sought to enjoin competitors Merryman and Hill from operating an unlicensed auto transportation service. The Florida Supreme Court reversed the trial court's grant of a temporary injunction without bond, holding that injunctions under the relevant statute req
• Alley v. U.S. Dep't OF Health & Human Servs.
  590 F.3d 1195· 11th Cir.· 2009-12-18 ·cited 16×
  Jennifer Alley sought to compel the Department of Health and Human Services to disclose Medicare claims data under the Freedom of Information Act, but HHS refused based on a 1979 injunction issued in Florida Medical Association v. Department of Health, Education & Welfare that ba
• Elwood J. Hunnewell, Jr. v. Palm Beach Cnty.
  925 So. 2d 468· Fla. 4th DCA· 2006-04-12 ·cited 16×
  Plaintiff appealed the dismissal of his complaint for failure to prosecute under Florida Rule of Civil Procedure 1.420(e). The Fourth District Court of Appeal reversed, holding that the trial court's order denying an earlier motion to dismiss constituted record activity that prec
• WCI Cmtys., Inc. v. City OF Coral Springs
  885 So. 2d 912· Fla. 4th DCA· 2004-09-29 ·cited 16×
  WCI Communities challenged a nine-month temporary moratorium on multi-family development applications enacted by the City of Coral Springs, arguing it violated procedural and substantive due process rights and constituted a regulatory taking. The court affirmed the trial court's
• Ion v. Sancho
  830 So. 2d 856· Fla. 1st DCA· 2002-09-18 ·cited 16×
  County supervisors of elections challenged a ballot summary for a proposed constitutional amendment modifying Florida's cruel and unusual punishment clause. The court upheld the ballot summary, finding it provided fair notice of the amendment's effects after the Florida Supreme C
• Fla. High Sch. v. Latimer
  750 So. 2d 762· Fla. 3d DCA· 2000-02-09 ·cited 16×
  FHSAA, a high school athletic regulatory organization, appeals a trial court order vacating summary judgment in its favor. The court reverses, holding that the trial court lacked authority to vacate the final judgment because the motion to vacate failed to comply with Rule 1.540
• City OF Jacksonville Beach v. Coastal Dev. OF N. Fla., Inc.
  730 So. 2d 792· Fla. 1st DCA· 1999-03-30 ·cited 16×
  The City of Jacksonville Beach sought certiorari review of a trial court decision that treated the city's denial of a small-scale development amendment application as a quasi-judicial action subject to strict scrutiny. The court held that small-scale development amendments to com
• Castillo v. de Castillo
  701 So. 2d 1198· Fla. 3d DCA· 1997-11-19 ·cited 16×
  A mother sought to recover $200,000 she gave her son for investment in a certificate of deposit in the names of all her surviving children, claiming he improperly kept the funds in an account in his name alone. The court affirmed an injunction freezing the account pending resolut
• Tallahassee Mem'l Reg'l Med. Ctr. v. Cook
  109 F.3d 693· 11th Cir.· 1997-04-08 ·cited 16×
  Two Florida hospitals challenged the state's Medicaid reimbursement system under the Boren Amendment for failing to compensate them for "grace days"—days adolescent psychiatric patients remained hospitalized after medical necessity for inpatient care ended but before placement in
• State v. Cont'l CAR Servs., Inc.
  650 So. 2d 173· Fla. 2d DCA· 1995-02-08 ·cited 16×
  The court held that the plaintiffs failed to prove irreparable harm and the absence of an adequate remedy at law, which are necessary elements for a temporary injunction.
• Times Publ'g Co. v. AKE
  645 So. 2d 1003· Fla. 2d DCA· 1994-06-29 ·cited 16×
  The Times Publishing Company appealed a trial court's denial of attorney's fees under Florida's Public Records Act, claiming the Clerk of the Circuit Court unlawfully refused to provide certain records. The court affirmed, holding that the Public Records Act does not apply to jud
• Greenwood Tr. Co. v. Commonwealth OF Mass.
  971 F.2d 818· 1st Cir.· 1992-08-06 ·cited 16×
  A federally insured bank chartered in Delaware can charge its Massachusetts credit-card customers a late fee on delinquent accounts, notwithstanding a Massachusetts statute prohibiting the practice, because federal law preempts the state statute.
• Winston v. Child. & Youth Servs. OF Del. Cnty.
  948 F.2d 1380· 3d Cir.· 1991-11-07 ·cited 16×
  The court held that the plaintiffs' request for declaratory relief regarding visitation policies was not moot, and the Adoption Assistance and Child Welfare Act's "reasonable efforts" clause creates enforceable rights, though a specific minimum visitation period was not establish
• McNEIL-P.C.C., Inc. v. Bristol-Myers Squibb Co.
  938 F.2d 1544· 2d Cir.· 1991-07-16 ·cited 16×
  The court held that a plaintiff can prove a false advertising claim under the Lanham Act by demonstrating that the defendant's own studies are unreliable, without conducting its own independent studies.
• Lamb v. Fowler
  574 So. 2d 262· Fla. 1st DCA· 1991-02-06 ·cited 16×
  Lamb appeals an award of attorney's fees and costs imposed as sanctions for contempt of court. The appellate court reversed and remanded because the trial court's order created ambiguity as to whether the contempt was civil or criminal in nature, which is dispositive of whether a
• Montes v. Thornburgh
  919 F.2d 531· 9th Cir.· 1990-11-16 ·cited 16×
  The district court had jurisdiction to hear the asylum applicants' challenge to Immigration Judge Daniel's unauthorized filing requirements, and thus had power to award fees under the Equal Access to Justice Act, even though the underlying action was moot.
• Seattle Audubon Soc'y v. Robertson
  914 F.2d 1311· 9th Cir.· 1990-10-30 ·cited 16×
  Section 318(b)(6)(A) of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 violates the separation of powers doctrine by directing federal courts to reach a particular result in pending cases without amending or repealing the underlying la
• Int'l Union v. Trucks
  917 F.2d 107· 3d Cir.· 1990-10-18 ·cited 16×
  The court held that the term 'alternative delivery system' in the collective bargaining agreement was ambiguous and that Mack did not breach the contract by unilaterally changing health insurance carriers, provided the new carrier offered the same terms and conditions.
• Villa Marina Yacht Sales, Inc. v. Hatteras Yachts
  915 F.2d 7· 1st Cir.· 1990-09-20 ·cited 16×
  The court held that the district court erred in dismissing a defendant for lack of personal jurisdiction and that the district court abused its discretion by failing to apply the correct standard under the Colorado River doctrine when considering dismissal in favor of parallel st
• Browning-Ferris Indus. OF S. Jersey, Inc. v. Muszynski
  899 F.2d 151· 2d Cir.· 1990-03-26 ·cited 16×
  The court assumed jurisdiction for the purpose of the appeal only, without deciding the jurisdictional questions, and found that BFI's legal and equitable claims must fail on the merits.
• Anne E. Spencer v. Gen. Elec. Co.
  894 F.2d 651· 4th Cir.· 1990-01-16 ·cited 16×
  The court held that the presumption of quid pro quo sexual harassment was not rebutted because the employer's key witness's testimony regarding promotion paperwork was not credible.
• Bailey v. Louis W. Sullivan M.D.
  885 F.2d 52· 3d Cir.· 1989-09-06 ·cited 16×
  The court held that the district court erred in dismissing the plaintiffs' claims of systematic misapplication of severity regulations as a class action and that the district court's invalidation of the 'combination policy' was correct for claims predating the 1984 statutory amen
• Modern Computer Sys., Inc. v. Modern Banking Sys., Inc.
  871 F.2d 734· 8th Cir.· 1989-03-29 ·cited 16×
  The court held that a choice of law provision in a franchise agreement may be unenforceable if it violates a fundamental public policy of the state with a materially greater interest in the transaction, even if the chosen state has a substantial relationship to the parties.
• Accountant's Soc'y OF Va. v. Bowman
  860 F.2d 602· 4th Cir.· 1988-10-27 ·cited 16×
  Virginia's restrictions on the language non-CPAs can use in financial reports and when holding themselves out to the public are constitutional.
• Malloy v. Eichler
  860 F.2d 1179· 3d Cir.· 1988-10-25 ·cited 16×
  The court held that the Secretary's interpretation of section 2640 of DEFRA to include sibling and grandparent income for Medicaid eligibility determinations violates the Medicaid statute, specifically 42 U.S.C. § 1396a(a)(17)(D).
• Felmeister v. Off. OF Attorney Ethics
  856 F.2d 529· 3d Cir.· 1988-08-31 ·cited 16×
  The court held that the case was not ripe for adjudication because the plaintiffs had not yet sought an advisory opinion from the New Jersey Committee on Attorney Advertising regarding their proposed advertisements, and thus, the administrative process had not been exhausted.
• Northern Cheyenne Tribe v. Hodel
  851 F.2d 1152· 9th Cir.· 1988-03-15 ·cited 16×
  The court held that while the district court had the power to amend its judgment, it abused its discretion by failing to expressly consider the public interest and by not ordering the Secretary to comply with his own regulations regarding tribal consultation and lease planning. T
• Bhd. OF Locomotive Eng'rs v. Burlington N. R.R. Co.
  838 F.2d 1102· 9th Cir.· 1988-02-11 ·cited 16×
  The court held that the railroad's random use of sniffer dogs to detect controlled substances is a major dispute under the Railway Labor Act, not arguably permitted by the parties' implied agreement.
• Libby v. Marshall
  833 F.2d 402· 1st Cir.· 1987-11-24 ·cited 16×
  The denial of a motion to dismiss based on the Eleventh Amendment is not an immediately appealable collateral order because the state's interest in sovereign immunity can be vindicated on appeal from a final judgment.
• Indian Country v. State OF Okla. ex rel. the Okla. TAX Comm'n & the Dist. Attorney of Tulsa Cnty.
  829 F.2d 967· 10th Cir.· 1987-09-22 ·cited 16×
  The court held that the Mackey site is Indian country and state regulation and taxation of Creek Nation Bingo are preempted, but reversed the dismissal of ICUSA.
• Tollis Inc. v. SAN Bernardino Cnty.
  827 F.2d 1329· 9th Cir.· 1987-09-14 ·cited 16×
  The court affirmed the district court's injunction, holding that the ordinance, as interpreted by the County to include any theater showing an adult movie even once, was not narrowly tailored to serve a substantial government interest.
• Vaughn v. AAA Emp., Inc.
  511 So. 2d 1045· Fla. 2d DCA· 1987-08-05 ·cited 16×
  The court held that a contractual provision for Florida law and venue, without more, is insufficient to establish personal jurisdiction over a non-resident defendant who objects.
• Stack v. State Farm Mut. Auto. Ins. Co.
  507 So. 2d 617· Fla. 3d DCA· 1987-03-24 ·cited 16×
  Stack, a police officer injured in a work-related collision, sued State Farm for uninsured motorist benefits after being denied coverage. The Third District Court of Appeal reversed summary judgment for the insurer, holding that a fellow employee's gross negligence overcomes work
• A.W. v. Nw. R-1 Sch. Dist.
  813 F.2d 158· 8th Cir.· 1987-03-06 ·cited 16×
  The court held that the Education for All Handicapped Children Act permits consideration of the cost to the school district and the benefit to the child when determining appropriate placement, and that the trial court did not abuse its discretion in denying a motion to reopen the
• Marshak v. Gino Tonetti
  813 F.2d 13· 1st Cir.· 1987-03-03 ·cited 16×
  The court held that the district court abused its discretion by accelerating the trial date and denying a jury trial, requiring a new trial.
• In re United States Parole Comm'n
  793 F.2d 338· D.C. Cir.· 1986-06-17 ·cited 16×
  The District Court did not err in asserting jurisdiction over Pearson's claims for declaratory and injunctive relief, nor did it abuse its discretion in denying the Commission's motion to transfer the case.
• Hill v. The City OF Houston
  789 F.2d 1103· 5th Cir.· 1986-05-14 ·cited 16×
  The court held that the ordinance is facially and substantially overbroad, violating the First Amendment's guarantee of free speech, and thus is unconstitutional.
• McKENZIE v. Bowen
  787 F.2d 1216· 8th Cir.· 1986-03-28 ·cited 16×
  The court held that the Social Security Administration's policy of calculating and paying retroactive Supplemental Security Income (SSI) benefits before retroactive Social Security Disability Insurance (RSDDI) benefits does not violate the Social Security Act, the Administrative
• Ellender v. Schweiker
  781 F.2d 314· 2d Cir.· 1986-01-15 ·cited 16×
  The court held that the Secretary's appeal was untimely because the notice of appeal was filed more than 60 days after the entry of the final judgment.
• Paradise v. Prescott
  767 F.2d 1514· 11th Cir.· 1985-08-12 ·cited 16×
  The court affirmed the district court's order requiring one black trooper to be promoted for each white trooper until 25% of the rank is black or a lawful promotion plan is in place, finding it a necessary and reasonable remedy for persistent effects of past discrimination.
• Wis. Action Coal. v. City OF Kenosha
  767 F.2d 1248· 7th Cir.· 1985-07-19 ·cited 16×
  An anti-solicitation ordinance prohibiting door-to-door canvassing between 8:00 p.m. and 9:00 p.m. violates the First Amendment because it is not narrowly tailored to serve the city's legitimate interest in protecting privacy.
• Am. Postal Workers Union, AFL-CIO v. United States Postal Serv.
  766 F.2d 715· 2d Cir.· 1985-07-03 ·cited 16×
  The court held that while the district court had jurisdiction, it abused its discretion by issuing a preliminary injunction because the appellees failed to demonstrate irreparable harm or that the injunction was necessary to aid the arbitration process.
• Rogers v. INK
  766 F.2d 430· 10th Cir.· 1985-06-28 ·cited 16×
  The court held that the district court lacked subject matter jurisdiction because the plaintiffs' claim for monetary relief against the United States, exceeding $10,000 and based on federal law, falls within the exclusive jurisdiction of the United States Claims Court under the T
• Riverside Irrigation Dist. & Pub. Serv. Co. of Colo. v. Colonel William R. Andrews, Jr.
  758 F.2d 508· 10th Cir.· 1985-03-26 ·cited 16×
  The Corps of Engineers did not exceed its authority in denying a nationwide permit for dam construction based on potential adverse impacts to an endangered species' critical habitat due to water depletion.
• Constellation Condo. Ass'n, Inc. v. Harrington
  467 So. 2d 378· Fla. 2d DCA· 1985-03-20 ·cited 16×
  The Constellation Condominium Association sought to enforce an age restriction prohibiting children under twelve from permanently residing in condominium units against the Harringtons, who purchased their unit knowing of the restriction but later had a child who remained as a per
• Dist. 17 v. Allied Corp.
  765 F.2d 412· 4th Cir.· 1985-02-11 ·cited 16×