Injunctive Relief

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

• DeMASSA v. Nunez
  747 F.2d 1283· 9th Cir.· 1984-11-20 ·cited 16×
  The court held that both the plaintiffs' appeal and the government's cross-appeal must be dismissed for lack of appellate jurisdiction because the underlying issues are tied to an ongoing criminal investigation and prosecution, making the orders sought to be appealed interlocutor
• Banas v. Dempsey
  742 F.2d 277· 6th Cir.· 1984-08-22 ·cited 16×
  The court held that the district court erred in dismissing the cases on mootness and Eleventh Amendment grounds, and that Quern-type notice relief is permissible ancillary relief to prospective injunctions.
• Burroughs v. Hills
  741 F.2d 1525· 7th Cir.· 1984-08-15 ·cited 16×
  The court held that the district court abused its discretion in denying costs to the prevailing defendants under Rule 54(d), and that the plaintiffs failed to establish an implied private right of action under the relevant housing statute.
• Cowin v. Bresler
  741 F.2d 410· D.C. Cir.· 1984-08-07 ·cited 16×
  The court held that common law claims for corporate mismanagement must be brought derivatively, but the claim for a receiver was sufficiently pleaded to allow for discovery. The court also held that a shareholder seeking only injunctive relief under Rule 10b-5 must still satisfy
• Lewis v. Blackburn
  734 F.2d 1000· 4th Cir.· 1984-05-17 ·cited 16×
  The dissenting judge would reverse the district court's judgment, finding that the employee's complaints were based on personal self-interest rather than matters of public concern, and thus not protected by the First Amendment.
• Sw. Marine, Inc. v. Campbell Indus.
  732 F.2d 744· 9th Cir.· 1984-05-07 ·cited 16×
  The court held that insufficient evidence supported the jury's finding of Southwest Marine's 'truly complete involvement' in the antitrust scheme, and that Southwest Marine was entitled to attorney's fees as a prevailing party.
• Lovell v. Brennan
  728 F.2d 560· 1st Cir.· 1984-02-29 ·cited 16×
  The court held that the district court did not err in denying injunctive relief for general population inmates and in finding that the revised protective custody criteria did not unreasonably expose inmates to violence.
• Meinstein v. Travel ETC., Inc.
  442 So. 2d 1085· Fla. 3d DCA· 1983-12-20 ·cited 16×
• Sergeant Perry Watkins v. United States Army
  721 F.2d 687· 9th Cir.· 1983-12-09 ·cited 16×
  The court must follow precedent and uphold the discharge of a homosexual service member.
• Conway Meats, Inc. v. Orange Ave. P'ship
  440 So. 2d 674· Fla. 1st DCA· 1983-11-21 ·cited 16×
  The court held that the trial court erred in granting a temporary restraining order and impleading Conway Meats, Inc. without sufficient showing and proper procedure.
• Ind. Nat'l Corp. v. Rich
  712 F.2d 1180· 7th Cir.· 1983-07-19 ·cited 16×
  An issuer corporation has an implied private right of action for injunctive relief under Section 13(d) of the Securities Exchange Act, as amended by the Williams Act.
• Stoianoff v. State OF Mont.
  695 F.2d 1214· 9th Cir.· 1983-01-07 ·cited 16×
  The court held that the plaintiff lacked standing to challenge the advertising prohibition of the Montana Drug Paraphernalia statute, and affirmed the district court's decision on other portions of the statute.
• Nat'l Ass'n FOR the Advancement OF Colored People v. The City OF Evergreen
  693 F.2d 1367· 11th Cir.· 1982-12-23 ·cited 16×
  The court held that the district court abused its discretion in denying injunctive relief despite evidence of past discrimination and remanded for the district court to fashion an appropriate decree.
• Meade Twp. v. Andrus
  695 F.2d 1006· 6th Cir.· 1982-12-20 ·cited 16×
  The Secretary of the Interior exceeded his statutory authority by promulgating a regulation that defined 'unit of local government' based on a 'principal provider of services' test, which conflicted with the Payments in Lieu of Taxes Act's plain language and legislative intent fa
• Perimeter Invs., Inc. v. Amerifirst Dev. Co. OF Cent. Fla., Inc.
  423 So. 2d 586· Fla. 1st DCA· 1982-12-20 ·cited 16×
  Defendants in mortgage foreclosure actions sought injunctions to prevent the plaintiff from continuing litigation, claiming a settlement agreement had been reached. The court held that the Statute of Frauds applies to oral settlement agreements involving the transfer of property,
• Kaplan v. Judge John R. Hess
  694 F.2d 847· D.C. Cir.· 1982-11-30 ·cited 16×
  The court held that the District Court erred in dismissing the action based on the Younger doctrine, as the facts did not provide a sufficient basis for dismissal, and remanded for reconsideration of declaratory relief.
• Dep't OF Energy & James B. Edwards v. State OF La.
  690 F.2d 180· Temp. Emer. Ct. App.· 1982-09-17 ·cited 16×
  The court held that the Department of Energy's interpretation of 'property' as generally synonymous with the leased premises, rather than individual reservoirs, was reasonable and not plainly erroneous, thus reversing the grant of summary judgment to the plaintiffs.
• The United States v. LaJET, Inc.
  685 F.2d 1378· Temp. Emer. Ct. App.· 1982-08-05 ·cited 16×
  The court held that the Department of Energy's subpoena was issued for a lawfully authorized purpose and sought relevant information, and that LaJet's suit challenging the audit and subpoena was properly dismissed as not ripe for review.
• Kirkhuff v. Nimmo
  683 F.2d 544· D.C. Cir.· 1982-07-20 ·cited 16×
  The court held that the Veterans' Administration's regulation denying medical benefits for uncomplicated pregnancy and childbirth was a reasonable interpretation of the governing statute and did not violate constitutional due process or equal protection. The court reversed the di
• Nat'l Elec. Contractors Ass'n, Inc. v. Nat'l Constructors Ass'n
  678 F.2d 492· 4th Cir.· 1982-05-17 ·cited 16×
  The dissenting judge would hold that the agreement is not per se illegal under the Sherman Act and that venue was improper for two defendants.
• Gulf Water Benefaction Co. v. The Pub. Util. Comm'n OF Tex. & the State of Tex.
  674 F.2d 462· 5th Cir.· 1982-04-30 ·cited 16×
  The court held that the bankruptcy court properly abstained from exercising jurisdiction over state utility rate-making disputes, and that the Chapter XI petition was appropriately dismissed due to lack of prosecution and prospect of arrangement.
• Metzenbaum v. Fed. Energy Regulatory Comm'n
  675 F.2d 1282· D.C. Cir.· 1982-04-20 ·cited 16×
  The court held that challenges to a public law based on alleged violations of Congressional procedural rules are nonjusticiable political questions, and challenges to the law's substantive provisions regarding rates and pre-billing are not ripe for review. The court also found th
• Pomerantz v. Cnty. OF LOS Angeles
  674 F.2d 1288· 9th Cir.· 1982-04-19 ·cited 16×
  The court held that quasi-judicial immunity bars damages claims and that most injunctive claims were moot, but reversed the denial of an injunction for immediate jury list placement, remanding for consideration of the constitutional claim.
• Connolly v. Holder
  673 F.2d 1110· 9th Cir.· 1982-04-09 ·cited 16×
  A summary denial of a petition for a writ of mandamus does not establish the law of the case, and the constitutional challenges to ERISA's premium and liability provisions raise substantial constitutional questions requiring a three-judge court.
• Ala. Great S. R.R. Co. v. Eagerton
  663 F.2d 1036· 11th Cir.· 1981-12-14 ·cited 16×
  The court held that subsection 306(1)(d) of the Railroad Revitalization and Regulatory Reform Act of 1976 is not limited to property taxes and applies to other discriminatory taxes levied against railroads. The issue of whether the specific Alabama tax was discriminatory was rema
• Wiggins v. NEW Mexico State Supreme Court Clerk
  664 F.2d 812· 10th Cir.· 1981-11-24 ·cited 16×
  The court held that a prisoner's pro se civil rights complaint alleging constitutional deprivations should not be dismissed unless it appears beyond doubt that no relief can be granted.
• Brache v. Cnty. OF Westchester
  658 F.2d 47· 2d Cir.· 1981-08-18 ·cited 16×
  A district court should not adjudicate the constitutionality of an ordinance as applied to conduct for which a plaintiff has no standing, even if the plaintiff has standing to challenge the ordinance as applied to other conduct.
• Plymouth Cnty. Nuclear Info. Comm., Inc. v. Boston Edison Co.
  655 F.2d 15· 1st Cir.· 1981-07-20 ·cited 16×
  The court held that the district court's order striking claims for injunctive relief was not immediately appealable under 28 U.S.C. § 1292(a)(1) because the plaintiffs failed to demonstrate serious or irreparable harm pending final judgment.
• State OF Okla. v. Schweiker
  655 F.2d 401· D.C. Cir.· 1981-06-18 ·cited 16×
  The court held that the "pass-through" provision of the SSI program, which conditions federal Medicaid funds on states passing through cost-of-living increases to SSI recipients, is a constitutional exercise of Congress's spending power and does not violate the Tenth Amendment.
• Hamilton v. MORIAl
  644 F.2d 351· 5th Cir.· 1981-04-21 ·cited 16×
  The court held that all federal district court actions concerning unconstitutional prison overcrowding in Louisiana must be consolidated and transferred to a single judge in the Middle District of Louisiana to ensure proper judicial administration and constitutional protection.
• Sec. & Exch. Comm'n v. G. C. George Sec., Inc.
  637 F.2d 685· 9th Cir.· 1981-01-23 ·cited 16×
  The district court erred in concluding it lacked jurisdiction to consider enjoining an SEC administrative proceeding; it has jurisdiction and must determine whether to exercise it or apply the exhaustion doctrine.
• Lecates v. Just. OF the Peace Court NO. 4 OF the State OF Del.
  637 F.2d 898· 3d Cir.· 1980-12-30 ·cited 16×
  The Supreme Court's dismissal of a prior case for want of a substantial federal question, under Hicks v. Miranda, binds lower courts on the precise issues presented and decided.
• Donnie Ray Clay v. Miller
  626 F.2d 345· 4th Cir.· 1980-07-16 ·cited 16×
  The court held that the exercise opportunities provided at Halifax County Jail satisfied minimum constitutional and state standards, and thus summary judgment for the defendant was proper.
• Cabrera v. Municipality OF Bayamon
  622 F.2d 4· 1st Cir.· 1980-05-28 ·cited 16×
  The court affirmed the contempt order against the mayor but vacated the dismissal of the municipality and remanded for further proceedings. The court also affirmed the dismissal of claims against the mayor in his personal capacity.
• Ala. Nursing Home Ass'n v. Harris
  617 F.2d 385· 5th Cir.· 1980-05-07 ·cited 16×
  The court held that the prior injunction did not prohibit the ten percent reduction in Medicaid payments because the injunction's terms did not explicitly cover the interim period before full compliance was required.
• Florey v. Sioux Falls Sch. Dist. 49-5
  619 F.2d 1311· 8th Cir.· 1980-04-22 ·cited 16×
  The court held that the preparation and presentation of Christmas assemblies in public schools violates the Establishment Clause of the First Amendment.
• Miller v. Tex. State Bd. OF Barber Exam'rs
  615 F.2d 650· 5th Cir.· 1980-04-17 ·cited 16×
  The court held that while the employee's assignment to inspect only black barber shops may have been discriminatory, he suffered no injury and was discharged for a valid, non-discriminatory reason, thus he is entitled to no relief.
• Bristol Labs. Div. OF Bristol-Myers Co. v. Staats
  620 F.2d 17· 2d Cir.· 1980-03-25 ·cited 16×
  The court affirmed the district court's judgment, holding that the government's interpretation of the access-to-records clause was untenable under statutory and contractual construction.
• Haitian Refugee Ctr. v. Civiletti
  614 F.2d 92· 5th Cir.· 1980-03-21 ·cited 16×
  A party cannot appeal an injunction to which they consented.
• The Isthmus Landowners Ass'n, Inc. v. The State OF Cal.
  601 F.2d 1087· 9th Cir.· 1979-08-06 ·cited 16×
  The district court's dismissal of the federal suit based on Burford abstention was improper, as state remedies remain available and Pullman abstention is more appropriate for land use planning disputes.
• Pharmadyne Labs., Inc. v. Kennedy
  596 F.2d 568· 3d Cir.· 1979-03-14 ·cited 16×
  The court held that district courts lack jurisdiction to enjoin the FDA from carrying out multiple seizure actions under 21 U.S.C.A. § 334, as the seizure action itself is the exclusive forum for resolving disputes.
• Jo v. Seibert
  586 F.2d 949· 2d Cir.· 1978-10-31 ·cited 16×
  The court held that the omission of information regarding a director's involvement in labor disputes at another company was not material, and therefore did not violate securities laws.
• Isiah Fredericks v. Kreps
  578 F.2d 555· 5th Cir.· 1978-08-02 ·cited 16×
  The court held that the Economic Development Administration's (EDA) regulations and guidelines for handling applications exceeding planning targets were a reasonable interpretation of the Public Works Employment Act of 1977, and that the school district's application was entitled
• The Am. Ass'n OF Councils OF Med. Staffs OF Private Hosps., Inc. v. Califano
  575 F.2d 1367· 5th Cir.· 1978-07-07 ·cited 16×
  The court held that it lacked subject matter jurisdiction because the Medicare Act, incorporating 42 U.S.C. § 405(h), precludes federal district court review of the Secretary's decisions, even for statutory or constitutional claims.
• Harjo v. Andrus
  581 F.2d 949· D.C. Cir.· 1978-06-09 ·cited 16×
  The court affirmed the district court's equitable relief, finding no abuse of discretion in its order to allow the Creek Nation to re-establish its constitutional government through a referendum and commission.
• ELI Lilly & Co. v. Staats
  574 F.2d 904· 7th Cir.· 1978-04-12 ·cited 16×
  The court held that the Comptroller General's request for records was authorized by statute and contract, even if part of a broader research study, as long as a legitimate purpose existed and confidential information was protected.
• The Fountains OF Palm Beach Condo. v. Farkas
  355 So. 2d 163· Fla. 4th DCA· 1978-02-14 ·cited 16×
  A condominium association appeals from a judgment dismissing its complaint seeking to enjoin a unit owner from maintaining a patio built on common elements without prior written consent. The court reverses, holding that the owner's failure to obtain required written consent from
• Indep. Cosm. Mfrs. & Distribs., Inc. v. United States Dep't OF Health
  574 F.2d 553· D.C. Cir.· 1978-02-13 ·cited 16×
  The court held that the petitioner was denied relief due to exclusive appellate jurisdiction and untimely filing, despite procedural confusion caused by the FDA.
• Lykes Bros., Inc. v. City OF Plant City
  354 So. 2d 878· Fla.· 1978-01-19 ·cited 16×
  Lykes Brothers challenged Plant City's imposition of ad valorem taxes on its meat packing plant located on city-owned land, claiming a 1964 lease agreement promised tax exoneration. The Florida Supreme Court held that while municipalities cannot unilaterally contract away taxing
• Morales v. Turman
  562 F.2d 993· 5th Cir.· 1977-11-11 ·cited 16×
  The court held that the case must be remanded for further evidentiary hearings to consider changes in the Texas Youth Council's operations and that the district court's detailed minimum requirements for injunctive relief were excessively specific.