Injunctive Relief

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

• Chrysler Corp. v. Schlesinger
  565 F.2d 1172· 3d Cir.· 1977-09-26 ·cited 16×
  The court held that the Freedom of Information Act (FOIA) exemptions are permissive, not mandatory, and do not create an implied cause of action for submitters to prevent disclosure. Disclosures made pursuant to valid agency regulations are authorized by law and thus not prohibit
• Holton v. Crozer-Chester Med. Ctr.
  560 F.2d 575· 3d Cir.· 1977-08-03 ·cited 16×
  The court held that the dismissal order is appealable as an interlocutory order denying injunctive relief and vacated the dismissal, remanding for the district court to consider the plaintiffs' motion to amend their pleadings.
• Winokur v. Bell Fed. Sav. & Loan Ass'n
  560 F.2d 271· 7th Cir.· 1977-08-02 ·cited 16×
  The court held that when a class action has not been certified and the named plaintiff's individual claims become moot, the appellate court lacks jurisdiction to review the denial of class certification because there is no longer a live controversy.
• The Nat'l Nutritional Foods Ass'n & Solgar v. Mathews
  557 F.2d 325· 2d Cir.· 1977-06-07 ·cited 16×
  The court held that the FDA's classification of high-potency Vitamin A and D preparations as drugs was arbitrary and capricious because the chosen potency levels were based on factors irrelevant to the statutory definition of a drug, and the evidence of therapeutic promotion was
• City OF Hallandale & Richard C. Fox v. Inglima
  346 So. 2d 84· Fla. 4th DCA· 1977-04-07 ·cited 16×
  Two consolidated appeals challenging the trial court's injunctive orders requiring reinstatement of dismissed police officers. The appellate court reversed both injunctive orders, finding they violated procedural requirements for temporary injunctions (lack of bond, premature res
• Evans v. Hardcastle
  339 So. 2d 1150· Fla. 2d DCA· 1976-12-03 ·cited 16×
  A deputy sheriff is an officer appointed by the sheriff and not covered by statutes affording procedural safeguards to career law enforcement personnel, nor by a civil service ordinance if the sheriff has not certified the department.
• Application of Dr. Frank Kacher for an Order staying Writs of Replevin at Nos. 2966 & 2967 July Term v. Pittsburgh Nat'l Bank
  545 F.2d 842· 3d Cir.· 1976-11-02 ·cited 16×
  The majority held that Fuentes v. Shevin would not be applied retroactively to foreclosure proceedings commenced before its decision, barring Kacher's claim for damages.
• The Timken Co. v. Simon
  539 F.2d 221· D.C. Cir.· 1976-07-07 ·cited 16×
  The court held that the Secretary of the Treasury does not have statutory authority under the Antidumping Act to terminate a withholding of appraisement notice prior to publishing a dumping finding, even if the International Trade Commission's determination is based on a 'likelih
• Greater NEW York Hosp. Ass'n & Peninsula Hosp. Ctr. v. F. David Mathews as Sec'y of the United States Dep't of Health
  536 F.2d 494· 2d Cir.· 1976-05-14 ·cited 16×
  The court held that the Secretary of Health, Education, and Welfare's discretion in determining the timing of Medicare payments under 42 U.S.C. § 1395g is not subject to judicial review under the Administrative Procedure Act because the statute provides 'no law to apply'.
• Alsdorf v. Broward Cnty.
  333 So. 2d 457· Fla.· 1976-05-05 ·cited 16×
  The Florida Supreme Court held that Article VIII, Section 1(h) of the 1968 Florida Constitution, which prohibits counties from taxing municipal property for services benefiting only unincorporated areas, is self-executing and does not require legislative implementation. The court
• Kappelmann v. DELTA AIR Lines, Inc.
  539 F.2d 165· D.C. Cir.· 1976-04-16 ·cited 16×
  The court held that the appeal against the federal defendants must be dismissed for lack of a final decision and that the claims for injunctive relief against Delta were properly dismissed under the doctrine of primary jurisdiction, requiring resort to administrative agencies fir
• Compton v. The Tenn. Dep't OF Pub. Welf.
  532 F.2d 561· 6th Cir.· 1976-03-24 ·cited 16×
  The court held that including HUD rent supplement payments as income under the Food Stamp Act is a reasonable interpretation of the Secretary's authority and does not violate the Act's purposes or the Equal Protection Clause.
• Am. Petroleum Inst. v. Train
  526 F.2d 1343· 10th Cir.· 1975-12-15 ·cited 16×
  The court held that the district court correctly determined it lacked jurisdiction to review EPA regulations concerning effluent limitations for existing sources, as such review is exclusively vested in the court of appeals.
• Troy v. Shell OIL Co.
  519 F.2d 403· 6th Cir.· 1975-07-31 ·cited 16×
  The court held that the appeal was moot because the 180-day period for filing a district court suit had expired, and the case was not a class action where the controversy could continue between the defendant and class members.
• Laclede GAS Co. v. Amoco OIL Co.
  522 F.2d 33· 8th Cir.· 1975-07-10 ·cited 16×
  A contract is not invalid for lack of mutuality simply because one party has a right to cancel while the other does not, provided the cancellation right is not arbitrary. Specific performance may be granted for personalty if the remedy at law is inadequate.
• The Celotex Corp. v. Oil, Chem. & Atomic Workers Int'l Union, Afl-Cio
  516 F.2d 242· 3d Cir.· 1975-05-12 ·cited 16×
  The court held that procedural deficiencies in issuing a temporary restraining order do not automatically entitle a party to damages under the Norris-LaGuardia Act if those deficiencies caused no actual harm or expense.
• Black v. Brown
  513 F.2d 652· 7th Cir.· 1975-03-20 ·cited 16×
  The court held that the dismissal of the plaintiff's claims for monetary and declaratory relief regarding denial of procedural due process, denial of access to courts, and cruel and unusual punishment was improper.
• Francine Newman v. The Bd. OF Educ. OF the City Sch. Dist. OF NEW York
  508 F.2d 277· 2d Cir.· 1975-01-06 ·cited 16×
  The court held that the federal due process claims were not raised or adjudicated in the prior state court proceeding, thus res judicata did not apply.
• Parrish v. Bd. OF Comm'rs OF the Ala. State BAR
  505 F.2d 12· 5th Cir.· 1974-12-02 ·cited 16×
  The court held that the trial judge applied an erroneous legal standard in refusing to recuse himself, as the facts alleged in the affidavit provided sufficient support for the charge of a bent of mind that could impede impartiality.
• Tennyson v. GAS Serv. Co.
  506 F.2d 1135· 10th Cir.· 1974-11-26 ·cited 16×
  The court held that the Johnson Act precludes federal jurisdiction over challenges to state utility rate orders, even when framed as class actions seeking declaratory and monetary relief.
• Consumers Union of U. S., Inc. v. Kissinger
  506 F.2d 136· D.C. Cir.· 1974-10-11 ·cited 16×
  The court held that the State Department was not precluded by the Constitution or Title 19 of the U.S. Code from engaging in discussions and reaching understandings with foreign steel producers regarding export limitations.
• Gardner v. Judge C. Luckey, Jr.
  500 F.2d 712· 5th Cir.· 1974-09-16 ·cited 16×
  The court held that the appellants lacked standing to bring a class action challenging the Florida Public Defender system due to a failure to establish a case or controversy.
• Ingraham v. Wright
  498 F.2d 248· 5th Cir.· 1974-07-29 ·cited 16×
  The court held that the district court erred in dismissing all three counts of the plaintiffs' complaint, reversing the decision and remanding for further proceedings.
• Scenic Hudson Preservation Conference v. Callaway
  499 F.2d 127· 2d Cir.· 1974-06-11 ·cited 16×
  The court affirmed the district court's judgment regarding the necessity of a section 404 permit but not a section 10 permit, and also affirmed the scope of injunctive relief.
• Holland v. Connors
  491 F.2d 539· 5th Cir.· 1974-03-22 ·cited 16×
  The court held that a pro se inmate's complaint alleging deprivation of constitutional rights, even if inartfully pleaded, is sufficient to withstand dismissal if it appears beyond doubt that the plaintiff can prove no set of facts entitling him to relief.
• United States v. Beatrice Foods Co.
  493 F.2d 1259· 8th Cir.· 1974-03-08 ·cited 16×
  The court held that Beatrice Foods Company violated the FTC consent order by acquiring an 'interest in' Maple Island Dairies, and that daily penalties were appropriate as the acquisition constituted a continuing violation. The court also found the FTC order sufficiently clear to
• Patterson v. Warner
  415 U.S. 303· U.S.· 1974-02-26 ·cited 16×
  The Court vacated the District Court's judgment and remanded for reconsideration in light of an intervening state Supreme Court decision that may render the case moot.
• Akron Bd. OF Educ. & Conrad C. Ott v. State Bd. OF Educ. OF Ohio
  490 F.2d 1285· 6th Cir.· 1974-01-15 ·cited 16×
  The court held that plaintiffs have standing to sue and should be permitted to amend their complaint to add parties and assert jurisdiction under 28 U.S.C. § 1331.
• United States Servicemen's Fund v. Eastland
  488 F.2d 1252· D.C. Cir.· 1973-08-30 ·cited 16×
  The court held that the Senate Subcommittee's subpoena for financial records of the USSF was a valid exercise of investigative power, not an unconstitutional infringement on First Amendment rights.
• Gautreaux v. City OF Chicago & Richard J. Daley
  480 F.2d 210· 7th Cir.· 1973-05-18 ·cited 16×
  The court held that the City Council's inaction in passing on housing site submittals, which perpetuated racial imbalance, rendered it liable for delay, and the district court's remedy was appropriate.
• Lidie v. State OF Cal.
  478 F.2d 552· 9th Cir.· 1973-04-10 ·cited 16×
  The court held that plaintiffs could establish federal jurisdiction under 28 U.S.C. § 1337 and that the state's administration of the food stamp program constituted state action under 42 U.S.C. § 1983, but denied injunctive relief due to class action deficiencies and regulatory c
• Nat'l Ass'n OF Letter Carriers, AFL-CIO v. Indep. Postal Sys. OF Am.
  470 F.2d 265· 10th Cir.· 1972-12-06 ·cited 16×
  The court held that the proposed delivery of addressed Christmas cards by a private entity constitutes the delivery of 'letters' under the private express statutes, and the plaintiff union has standing to seek injunctive relief due to threatened economic detriment to its members.
• Byrle L. Dillenburg v. Kramer
  469 F.2d 1222· 9th Cir.· 1972-11-16 ·cited 16×
  The court held that a challenge to Washington's disenfranchisement laws for convicted felons raises a substantial federal question requiring a three-judge court.
• Allen v. The City OF Mobile
  466 F.2d 122· 5th Cir.· 1972-09-07 ·cited 16×
  The court denied rehearing, affirming the lower court's decision regarding the police promotion test.
• Dewayne Linwood v. The Bd. OF Educ. OF the City OF Peoria
  463 F.2d 763· 7th Cir.· 1972-06-16 ·cited 16×
  The court held that the Illinois statute authorizing school board expulsions for 'gross disobedience or misconduct' is constitutional when implemented by reasonably specific rules, and that the student's expulsion hearing met due process requirements.
• Reed v. The Bd. OF Election Comm'rs OF the City OF Cambridge
  459 F.2d 121· 1st Cir.· 1972-05-01 ·cited 16×
  The appeal from the denial of provisional registration is moot because the district court did not reach the merits of the controversy.
• Murray v. Kunzig
  462 F.2d 871· D.C. Cir.· 1972-02-29 ·cited 16×
  The dissenting judge maintains their original position, disagreeing with the majority's interpretation of precedent and its implications for judicial oversight of the civil service.
• Kofoed Pub. Relations Assocs., Inc. v. Mullins
  257 So. 2d 603· Fla. 4th DCA· 1972-01-14 ·cited 16×
  A non-compete clause that is virtually unlimited as to geographical area is not automatically void, and a court has jurisdiction to determine a reasonably limited area for its enforcement.
• Chicago Joint Bd., Amalgamated Clothing Workers OF Am., AFL-CIO v. Chicago Tribune Co.
  435 F.2d 470· 7th Cir.· 1970-12-17 ·cited 16×
  Newspaper publishers' refusal to publish an advertisement does not constitute state action, even if they receive certain statutory benefits or exemptions, because they do not perform a public function and are not subject to the same constitutional restrictions as government entit
• Abe Lincoln v. The Cal. Adult Auth.
  435 F.2d 133· 9th Cir.· 1970-11-30 ·cited 16×
  The court held that the appellant's allegations did not present a substantial constitutional question, thus a three-judge court was not required and the dismissal was proper.
• In re Flora MIR Candy Corp. v. R. S. Rickson & Co.
  432 F.2d 1060· 2d Cir.· 1970-10-28 ·cited 16×
  The court held that the bankruptcy referee erred in ordering consolidation of Meadors, Inc.'s bankruptcy proceedings with those of Flora Mir and its subsidiaries, and affirmed the district court's reversal of that order.
• First-Citizens Bank & Tr. Co. v. Camp
  432 F.2d 481· 4th Cir.· 1970-10-23 ·cited 16×
  The court held that the district court erred in granting a preliminary injunction without making the required findings of fact under Rule 52(a).
• Md. Citizens FOR A Representative Gen. Assembly v. Governor OF Maryland
  429 F.2d 606· 4th Cir.· 1970-07-09 ·cited 16×
  The court held that a single district judge could dismiss a complaint seeking injunctive relief for legislative reapportionment if such relief is unavailable due to timing and potential disruption, without convening a three-judge court.
• Taylor v. Ky. State BAR Ass'n
  424 F.2d 478· 6th Cir.· 1970-03-26 ·cited 16×
  The court held that the district court properly dismissed the claim for a three-judge panel, but erred in not considering the claim for federal injunctive relief under 42 U.S.C. § 1983.
• DeLONG v. Hampton
  422 F.2d 21· 3d Cir.· 1970-01-20 ·cited 16×
  The court held that the plaintiff's discharge was supported by substantial evidence and that procedural due process was not denied, affirming the district court's grant of summary judgment.
• Kennedy v. LOS Angeles Typographical Union NO. 174
  418 F.2d 6· 9th Cir.· 1969-09-19 ·cited 16×
  The court held that the district court erred in denying an injunction solely because the underlying legal issue was unsettled, and that the Regional Director's legal propositions were not insubstantial or frivolous.
• Holiday Inns of Am., Inc. v. B & B Corp.
  409 F.2d 614· 3d Cir.· 1969-04-10 ·cited 16×
  The court held that while Holiday Inn has superior rights to the service mark, injunctive relief is only appropriate upon a showing that Holiday Inn has commenced operations in the Virgin Islands, as current geographic separation negates present competition.
• Diffenderfer v. Porter Homer
  408 F.2d 1344· 5th Cir.· 1969-02-06 ·cited 16×
  The court held that the district court erred in granting an extension of time to file an appeal ex parte after the original appeal period had expired, rendering the appeal untimely.
• Newell v. Ignatius
  407 F.2d 715· D.C. Cir.· 1969-01-21 ·cited 16×
  The court denied the motion for summary reversal, ordering accelerated briefing and hearing, but indicated the issue of expunging loyalty references from the record could be resolved.
• Luckenbach Overseas Corp. v. Curran
  398 F.2d 403· 2d Cir.· 1968-07-24 ·cited 16×
  The court held that while arbitration under the collective bargaining agreement is not precluded by the NLRB's refusal to issue a complaint, the 'quickie' arbitration procedure is not applicable to the facts presented.