Injunctive Relief

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

• Vietnam Veterans of Am. v. Secretary OF THE Navy
  843 F.2d 528· D.C. Cir.· 1988-03-29 ·cited 14×
  The court held that the Laird Memorandum's language was not specific or prescriptive enough to create rights or bind agency discretion, and therefore did not mandate upgrades for all drug-related discharges.
• Dickerson v. Adm'r, Env't Prot. Agency
  834 F.2d 974· 11th Cir.· 1987-12-30 ·cited 14×
  The court held that CERCLA precludes pre-enforcement judicial review of EPA response actions, and the EPA's decision to enter the property for cleanup was not arbitrary and capricious.
• Ry. Labor Executives' Ass'n v. Pittsburgh & Lake Erie R.R. Co.
  831 F.2d 1231· 3d Cir.· 1987-10-26 ·cited 14×
  The court held that the district court lacked jurisdiction to enjoin the strike under section 4 of the Norris-LaGuardia Act, as the Interstate Commerce Act does not override the Act's anti-injunction provisions.
• Triple-A Baseball Club Assocs. v. Ne. Baseball, Inc.
  832 F.2d 214· 1st Cir.· 1987-10-13 ·cited 14×
  The court held that the contract was unambiguous and the parties were bound by its terms, reversing the lower court's finding of ambiguity and termination.
• MacKAY v. Pfeil
  827 F.2d 540· 9th Cir.· 1987-09-04 ·cited 14×
  Federal district courts lack subject-matter jurisdiction to review state court judgments, even if the review is sought via diversity jurisdiction and claims of error in the state court's proceedings.
• United States v. Cumberland Farms OF Conn., Inc.
  826 F.2d 1151· 1st Cir.· 1987-08-18 ·cited 14×
  The court held that Cumberland Farms violated the Clean Water Act by dredging and filling wetlands without a permit, and that its activities were not authorized by the 'headwaters' or 'unasserted jurisdiction' nationwide permits.
• Ochoa Realty Corp. v. Faria
  815 F.2d 812· 1st Cir.· 1987-04-06 ·cited 14×
  The court held that the appeal of the remand order is unreviewable, the claims for equitable relief were moot, and the damage claims were premature due to failure to exhaust state remedies.
• Fla. Bev. Corp. v. Division OF Alcoholic Beverages AND Tobacco
  503 So. 2d 396· Fla. 1st DCA· 1987-02-23 ·cited 14×
  Florida Beverage Corporation challenged the dismissal of its breach of contract claim against Barton Brands for withdrawing a wine brand distribution agreement after the Brand Withdrawal Law was repealed. The court reversed, holding that statutory protections existing at the time
• Magee v. G.W. Waters
  810 F.2d 451· 4th Cir.· 1987-02-04 ·cited 14×
  The court held that summary judgment for the defendant regarding the plaintiff's claim of constitutionally inadequate jail law library facilities was premature.
• DOE v. Gaughan
  808 F.2d 871· 1st Cir.· 1986-12-30 ·cited 14×
  The court held that the Massachusetts statutory scheme for civilly committing mentally ill and dangerous individuals to Bridgewater State Hospital, a facility administered by the Department of Correction, did not violate the Due Process or Equal Protection Clauses of the Fourteen
• NEW Orleans Pub. Serv., Inc. v. Majoue
  802 F.2d 166· 5th Cir.· 1986-10-14 ·cited 14×
  A federal court's order remanding a case to state court cannot be appealed or otherwise reviewed, even if erroneous, and a subsequent suit seeking declaratory or injunctive relief based on the same jurisdictional arguments is an impermissible collateral attack.
• G.A. Imports, Inc. v. Subaru Mid-America, Inc.
  799 F.2d 1200· 8th Cir.· 1986-08-27 ·cited 14×
  The court held that a franchisor cannot non-renew a franchise for a franchisee's sale of a non-competing line of vehicles if the franchisor failed to supply sufficient inventory and the exclusivity requirement was unreasonable under the circumstances.
• Olagues v. Russoniello
  797 F.2d 1511· 9th Cir.· 1986-08-26 ·cited 14×
  The court held that the United States Attorney's investigation into non-citizen voting was not based on discriminatory bias, but rather on a practical classification to discover fraudulent voting.
• Monaghan v. Deakins
  798 F.2d 632· 3d Cir.· 1986-07-31 ·cited 14×
  The court held that Younger abstention did not require dismissal of the plaintiffs' claims for damages and return of property, but affirmed the denial of a preliminary injunction.
• Kennedy v. Block
  784 F.2d 1220· 4th Cir.· 1986-03-10 ·cited 14×
  The court held that the tenant's claims are moot due to a settlement with the landlord, and the "capable of repetition, yet evading review" exception does not apply because the eviction process would not evade review.
• Smith & Wesson v. United States
  782 F.2d 1074· 1st Cir.· 1986-02-04 ·cited 14×
  The court held that the Army's decision to eliminate Smith & Wesson as a candidate for the .9mm pistol contract was rational and did not violate statutes or regulations, and that the trial court did not err in its rulings.
• JAA v. United States Immigr. & Naturalization Serv.
  779 F.2d 569· 9th Cir.· 1986-01-03 ·cited 14×
  The court held that the INS's delay in processing an alien's residency application did not constitute affirmative misconduct sufficient to estop the government, and therefore, the district court erred in granting an injunction.
• Kiowa Tribe OF Oklahoma v. Lewis
  777 F.2d 587· 10th Cir.· 1985-11-21 ·cited 14×
  The court held that the Tribe's federal action was precluded by the prior state court judgment under res judicata and collateral estoppel, but reversed the award of attorney's fees against the Tribe.
• Citizens FOR A Better Henderson v. Hodel
  768 F.2d 1051· 9th Cir.· 1985-08-13 ·cited 14×
  The court held that the transmission line's route was permissible, local land use laws were preempted, and the Environmental Impact Statement was adequate.
• Animal Lovers Volunteer Ass'n, Inc. v. Caspar Weinberger
  765 F.2d 937· 9th Cir.· 1985-07-15 ·cited 14×
  The court held that ALVA lacked standing to sue the Navy because it failed to demonstrate a distinct and palpable injury to its members, distinguishing it from the general public's concern.
• Channell v. Applied Research, Inc.
  472 So. 2d 1260· Fla. 4th DCA· 1985-07-03 ·cited 14×
  Applied Research sought an injunction against former employees John and Kathy Channell for violating non-compete agreements and misappropriating trade secrets. The Channells appealed the preliminary injunction and contempt fine, while their new employer Modern Research challenged
• Lowell Peterson v. Lindner
  765 F.2d 698· 7th Cir.· 1985-06-25 ·cited 14×
  The court held that the district court correctly determined that the Wisconsin statutes freezing court reporter salaries based on prior county supplements were rationally related to legitimate state interests, and thus did not violate the Equal Protection Clause.
• Malchman v. Davis
  761 F.2d 893· 2d Cir.· 1985-05-10 ·cited 14×
  The court's concurrence cautions against the use of 'clear sailing' clauses in settlement agreements, as they can undermine the adversary process and potentially harm the plaintiff class.
• Tele-Communications OF KEY W., Inc. v. United States
  757 F.2d 1330· D.C. Cir.· 1985-04-02 ·cited 14×
  The court held that the district court erroneously dismissed TCI's First and Fifth Amendment claims but properly dismissed its antitrust claim, requiring affirmance in part and reversal and remand in part.
• Grocery Mfrs. OF Am., Inc. v. Gerace
  755 F.2d 993· 2d Cir.· 1985-02-14 ·cited 14×
  The court held that New York's labeling requirements for imitation cheese products were preempted by federal law (FDCA, FMIA, PPIA) due to actual conflict and express preemption language. The Commerce Clause analysis was limited to specific provisions not addressed by preemption.
• United States v. Ernst & Whinney
  735 F.2d 1296· 11th Cir.· 1984-07-06 ·cited 14×
  The court held that 26 U.S.C.A. § 7402(a) empowers district courts to enjoin activities interfering with Internal Revenue laws, even without a specific statutory violation by the party enjoined. It also held that while a bond filed under § 7407(c) bars injunctions for 'penalty co
• Ernestine King v. Trans World Airlines, Inc.
  738 F.2d 255· 8th Cir.· 1984-06-28 ·cited 14×
  The court held that the district court erred in failing to find sex discrimination because TWA's articulated reasons did not explain why the appellant's interview differed from those of other applicants, and the exclusion of relevant testimony was also an error.
• DeSPAIN v. Marlin Johnston
  731 F.2d 1171· 5th Cir.· 1984-05-11 ·cited 14×
  The court held that the federal district court should have abstained under the Younger doctrine because a state judicial proceeding was ongoing, implicated important state interests, and offered an adequate opportunity to raise constitutional challenges.
• United States v. Waste Indus., Inc.
  734 F.2d 159· 4th Cir.· 1984-05-08 ·cited 14×
  The court held that section 7003 of the Resource Conservation and Recovery Act (RCRA) authorizes the EPA to seek injunctive relief to abate environmental hazards caused by past disposal of hazardous waste, even if the disposal itself has ceased.
• Walls v. Miss. State Dep't OF Pub. Welf.
  730 F.2d 306· 5th Cir.· 1984-04-23 ·cited 14×
  The court held that while educational requirements were job-related and not discriminatory, written examinations and selection from eligibility certificates did have a disparate impact on black applicants, violating Title VII. The court reversed certain injunctive relief and cost
• Int'l Union v. Cadillac Malleable Iron Co., Inc.
  728 F.2d 807· 6th Cir.· 1984-03-08 ·cited 14×
  The court held that the district court did not err in finding that the parties intended for retirement insurance benefits to continue for the lifetime of retired employees.
• Hotelerama Assocs., Ltd. v. Bystrom
  449 So. 2d 836· Fla. 3d DCA· 1984-02-28 ·cited 14×
  The trial court erred by ruling on the merits of the tax assessment dispute when considering a motion for a temporary injunction.
• Alcan Aluminium Ltd. v. Dep't OF Revenue OF the State OF Or.
  724 F.2d 1294· 7th Cir.· 1984-01-06 ·cited 14×
  The court held that the case was not ripe for decision because no tax had yet been assessed, and therefore, the prudential considerations of comity and the policies underlying the Tax Injunction Act counseled against federal court intervention.
• Barnes Grp., Inc. v. C & C Prods., Inc.
  716 F.2d 1023· 4th Cir.· 1983-08-31 ·cited 14×
  The court held that Ohio's substantive law should apply to both the contract validity and tortious interference claims, disagreeing with the majority's application of Alabama and Louisiana law.
• Mesa Petroleum Co. v. Cities Serv. Co.
  715 F.2d 1425· 10th Cir.· 1983-08-18 ·cited 14×
  The Oklahoma Take-Over Bid Act violates the Commerce Clause of the U.S. Constitution because its indirect burden on interstate commerce is excessive in relation to the local interests it serves, mirroring the unconstitutional Illinois statute in Edgar v. MITE Corp.
• Gulfstream Park Racing Ass'n, Inc. v. State
  443 So. 2d 113· Fla. 3d DCA· 1983-08-17 ·cited 14×
  Gulfstream Park sought a writ of mandamus to compel the Florida Pari-Mutuel Commission to award it the desirable "middle dates" for winter thoroughbred racing, arguing that the Commission's discretion was unconstitutional under the nondelegation doctrine. The Third District Court
• Louisville & Nashville R.R. Co. v. Donovan
  713 F.2d 1243· 6th Cir.· 1983-08-12 ·cited 14×
  The district court lacked jurisdiction to grant declaratory and injunctive relief against the Secretary of Labor regarding the Black Lung Benefits Act's application to railroads.
• Shell Petroleum, N.V. v. Graves
  709 F.2d 593· 9th Cir.· 1983-06-30 ·cited 14×
  A foreign corporation shareholder lacks standing to challenge state tax assessments when the injury is not direct and independent of the corporation, and the controversy is not ripe due to ongoing administrative proceedings offering plain, speedy, and efficient state remedies.
• Palm Beach-Martin Cnty. Med. Ctr., Inc. v. Robert J. Panaro, M.D.
  431 So. 2d 1023· Fla. 4th DCA· 1983-04-20 ·cited 14×
  The Court held that the District Court's order staying proceedings pending state court litigation was a final, appealable order under 28 U.S.C. § 1291.
• Anderson v. U.S. Dep't OF Hous. & Urban Dev.
  701 F.2d 112· 10th Cir.· 1983-02-24 ·cited 14×
  The court held that HUD's denial of the mortgage assignment request was not arbitrary, capricious, or an abuse of discretion, and that the mortgagee did not violate regulations by initiating foreclosure.
• Citizens & Landowners Against THE Miles City/NEW Underwood Powerline v. Sec'y, United States Dep't OF Energy
  683 F.2d 1171· 8th Cir.· 1982-07-16 ·cited 14×
  The court held that the landowners' claims were barred by laches due to unreasonable delay and prejudice, and that the federal agency was not required to obtain a state permit for the powerline construction under the Supremacy Clause.
• Council OF Commuter Orgs. v. Metro. Transp. Auth.
  683 F.2d 663· 2d Cir.· 1982-06-16 ·cited 14×
  The court affirmed the dismissal of the complaint, finding claims either moot, premature for lack of notice, or inadequately pleaded, and that Tri-State officials are not immune from prospective injunctive relief.
• Playboy Enters., Inc. v. P. K. Sorren Exp. Co.
  546 F. Supp. 987· S.D. Fla.· 1982-05-10 ·cited 14×
  The court held that the defendants' sale of counterfeit shirts bearing a similar rabbit head emblem infringed upon the plaintiff's registered trademarks, causing confusion and dilution, and that the plaintiff was entitled to an accounting of defendants' profits and injunctive rel
• Shell OIL Co. v. United States Equal Emp. Opportunity Comm'n
  676 F.2d 322· 8th Cir.· 1982-04-28 ·cited 14×
  The court held that the Commissioner's charge was insufficient because it failed to provide adequate notice of the date and circumstances of the alleged unlawful employment practices as required by Title VII.
• Philadelphia & Reading Corp. v. Beck
  676 F.2d 1159· 7th Cir.· 1982-04-20 ·cited 14×
  The court held that while the IRS's June 22, 1973, assessments were premature and illegal due to unmet conditions in the taxpayer's waiver, an injunction against the entire amount would be an unjust windfall; therefore, only the amount exceeding the agreed-upon net deficiency was
• Greater Coral Springs Realty, Inc. v. Century 21 Real Est. OF S. Fla., Inc.
  412 So. 2d 940· Fla. 3d DCA· 1982-04-20 ·cited 14×
  Greater Coral Springs Realty sought damages for breach of contract and fraud after Century 21 failed to grant it a second franchise in Coral Springs despite assurances from a Century 21 employee. The trial court found no breach of contract but awarded nominal and punitive damages
• State OF Mo. ex rel. John Ashcroft v. Dep't OF THE Army
  672 F.2d 1297· 8th Cir.· 1982-03-09 ·cited 14×
  The court affirmed the district court's denial of relief, holding that the Corps of Engineers acted within its congressional authorization and complied with relevant statutes in constructing and operating the generator, and that its actions did not constitute a nuisance.
• Davis v. Joyner
  409 So. 2d 1193· Fla. 4th DCA· 1982-02-17 ·cited 14×
  The court held that the trial court did not abuse its discretion in refusing to grant an injunction because injunctive relief would have been unjust and unfair given the totality of the circumstances.
• Int'l Ass'n OF MacHinists & Aerospace Workers v. Frontier Airlines, Inc.
  664 F.2d 538· 5th Cir.· 1981-12-23 ·cited 14×
  The court held that federal courts lack jurisdiction to grant injunctive relief in "minor" labor disputes under the Railway Labor Act, as the statutorily established grievance procedures are mandatory and exclusive.
• Blake v. Hall
  668 F.2d 52· 1st Cir.· 1981-12-18 ·cited 14×
  The court held that the district court erred in finding no constitutional violations regarding cell block conditions and the New Man's Section, and that inmate conduct does not absolve the prison administration of its responsibility to maintain constitutional conditions.