Injunctive Relief

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

• Gaetano Tusa v. Roffe
  791 So. 2d 512· Fla. 4th DCA· 2001-07-18 ·cited 13×
  A pizza restaurant lessee appealed the dismissal of claims against his landlord and a competing tenant for breach of a restrictive covenant prohibiting other pizza sales on the same premises. The court affirmed dismissal as to the competing tenant but reversed and remanded as to
• Demetrio J. Perez v. Marti
  770 So. 2d 284· Fla. 3d DCA· 2000-11-03 ·cited 13×
  The Third District Court of Appeal affirmed a trial court judgment that Demetrio Perez failed to establish residency in Dade County School Board District 7 by the qualification deadline and therefore was not qualified as a candidate. The court found Perez's claimed residency at a
• Big Tomato v. Tasty Concepts, Inc.
  972 F. Supp. 662· S.D. Fla.· 1997-08-05 ·cited 13×
  A competitor lacks standing to seek damages under Florida's Unfair and Deceptive Trade Practices Act (UDTPA), but may seek injunctive relief. Treble damages are discretionary, not punitive.
• Nat'l Collegiate Athletic Ass'n v. Brinkworth
  680 So. 2d 1081· Fla. 3d DCA· 1996-10-09 ·cited 13×
  The NCAA appeals a temporary injunction prohibiting it from enforcing an eligibility ruling that student-athlete Kevin Brinkworth is ineligible to play football for the University of Miami in 1996. The court reverses, holding that the NCAA's internal procedures were adequate and
• Arthur Fennieston, Inc. v. Pratt
  673 So. 2d 560· Fla. 3d DCA· 1996-05-22 ·cited 13×
  The court held that the trial court erred by prematurely ordering discovery of information relevant to an accounting and by failing to make specific findings regarding trade secret privilege.
• The Libertarian Party OF Fla. v. Smith
  660 So. 2d 807· Fla. 1st DCA· 1995-09-22 ·cited 13×
  The Libertarian Party of Florida and its candidates challenged the constitutionality of a Florida statute requiring minor party candidates to obtain petition signatures from 3% of registered electors for ballot access, while major party candidates faced no such requirement. The c
• Johnston v. Dockside Fueling OF N. Am., Inc.
  658 So. 2d 618· Fla. 3d DCA· 1995-07-19 ·cited 13×
  Appellants Johnston and Shoreline Marine challenged a judgment enforcing a non-compete covenant against them, arguing the covenant was not assignable to Dockside N.A. when the original employer Dockside was dissolved and reorganized. The court reversed, holding that personal serv
• Brand v. Elliott
  610 So. 2d 37· Fla. 5th DCA· 1992-12-04 ·cited 13×
• Am. Postal Workers Union v. Frank
  968 F.2d 1373· 1st Cir.· 1992-07-06 ·cited 13×
  The Union lacks standing to seek declaratory and injunctive relief against the Postal Service's mandatory drug testing of applicants because its members, as current employees, do not face a realistic threat of future injury from the policy.
• Crocker v. Diland Corp. & Eugene Cook
  593 So. 2d 1096· Fla. 5th DCA· 1992-01-31 ·cited 13×
  John Crocker and his corporation sought certiorari review of a circuit court's denial of their motion for default in an unlawful entry action against Diland Corporation. The Florida Fifth District Court of Appeal held that although section 51.011's summary procedure generally pro
• Terex Trailer Corp. v. McILWAIN
  579 So. 2d 237· Fla. 1st DCA· 1991-04-29 ·cited 13×
  Terex Trailer and K-H Corporation appealed an order granting partial summary judgment requiring them to pay McIlwain his full compensation and benefits during the pendency of an employment termination dispute. The court affirmed, holding that the employment contract's express pro
• Antun Invs. Corp. v. Ergas
  549 So. 2d 706· Fla. 3d DCA· 1989-09-19 ·cited 13×
  Antun Investments Corporation appeals a judgment against it in a nuisance action brought by owners of the adjacent Royal Palm Hotel. The trial court awarded damages for lost profits, out-of-pocket remediation costs, and future prospective damages. The appellate court affirms the
• Ocean State Physicians Health Plan, Inc. v. Blue Cross & Blue Shield OF R.I.
  883 F.2d 1101· 1st Cir.· 1989-08-21 ·cited 13×
  The court held that Blue Cross's HealthMate and adverse selection policies were exempt from antitrust scrutiny under the McCarran-Ferguson Act, and its Prudent Buyer policy was legitimate competitive activity not violating Section 2 of the Sherman Act. The court affirmed the dist
• City Comm'n OF the City OF Miami v. Woodlawn Park Cemetery Co.
  553 So. 2d 1227· Fla. 3d DCA· 1989-08-01 ·cited 13×
  The City of Miami and intervenors challenged a circuit court decision requiring the city to rezone a 1.3-acre parcel of Woodlawn Park Cemetery from residential to commercial zoning. The court held that the city's refusal to rezone constituted unlawful "reverse spot zoning" becaus
• Daytona Leisure Corp. v. The City OF Daytona Beach
  539 So. 2d 597· Fla. 5th DCA· 1989-03-10 ·cited 13×
  Daytona Leisure Corporation sought to enjoin the City of Daytona Beach from enforcing an emergency zoning ordinance that prohibited the sale of alcoholic beverages on its property, after the company had already made substantial financial commitments based on prior zoning verifica
• Trailer Train Co. v. Leuenberger
  885 F.2d 415· 8th Cir.· 1988-12-19 ·cited 13×
  The court held that Nebraska's ad valorem tax scheme, by exempting agriculturally related personal property while taxing rail cars, results in discriminatory treatment of railroads in violation of section 306(1)(d) of the 4-R Act.
• Striton Props., Inc. v. The City OF Jacksonville Beach
  533 So. 2d 1174· Fla. 1st DCA· 1988-09-09 ·cited 13×
  Striton Properties appeals the dismissal of its complaint challenging the City of Jacksonville Beach's refusal to execute a development agreement for a community redevelopment project. The court affirmed the dismissal, holding that the City retained explicit contractual and statu
• Mullen v. Princess Anne Volunteer Fire Co., Inc.
  853 F.2d 1130· 4th Cir.· 1988-08-09 ·cited 13×
  The court held that while the exclusion of evidence of racial slurs was improper, it did not affect the substantial rights of the parties given the overwhelming evidence of the plaintiff's physical unsuitability for the job.
• United States v. Dedra Estell Overton
  834 F.2d 1171· 5th Cir.· 1987-12-15 ·cited 13×
  The court affirmed the denial of a preliminary injunction, finding the balance of harms weighed against granting it due to the timing.
• Floyd v. Otis R. Bowen, M.D.
  833 F.2d 529· 5th Cir.· 1987-12-07 ·cited 13×
  The court held that the Secretary's policies and practices regarding the consideration of treating physicians' opinions and subjective pain complaints were not in "non-acquiescence" with Fifth Circuit law, and that the district court did not err in denying class certification as
• Gagliardi v. McWILLIAMS
  834 F.2d 81· 3d Cir.· 1987-12-02 ·cited 13×
  The court held that the district court erred in imposing an injunction against filing without providing the pro se plaintiff with notice and an opportunity to respond.
• City OF Pompano Beach v. Yardarm Rest., Inc.
  509 So. 2d 1295· Fla. 4th DCA· 1987-07-15 ·cited 13×
  The county is liable because its officials made a deliberate choice to use a forceful entry method that was not forbidden by law at the time, thus establishing county policy.
• Deaver v. Seymour
  822 F.2d 66· D.C. Cir.· 1987-06-15 ·cited 13×
  The district court did not abuse its discretion in denying Michael Deaver's request for a preliminary injunction to prevent independent counsel from seeking an indictment.
• Bechtel Constr., Inc. v. United Bhd. OF Carpenters & Joiners OF Am. & San Diego Dist. Council of Carpenters Local 1278
  812 F.2d 1220· 9th Cir.· 1987-03-17 ·cited 13×
  California law does not place its apprenticeship wage standards above the collective bargaining process, and such standards are preempted by federal labor law when they conflict with a collectively bargained lower wage rate.
• Iacobucci v. City OF Newport
  785 F.2d 1354· 6th Cir.· 1986-03-20 ·cited 13×
  The court held that the fingerprinting ordinance is constitutional as a valid exercise of police power, but the nude dancing ordinance requires further factual determination regarding the city's authority.
• Fed. Trade Comm'n v. Brown & Williamson Tobacco Corp.
  778 F.2d 35· D.C. Cir.· 1985-12-10 ·cited 13×
  The court held that while B&W's '1 mg tar' claim for Barclay cigarettes was deceptive, the injunction preventing any tar yield claim without FTC approval was overly broad. The court affirmed the finding of deception but remanded to modify the injunction.
• Abraham Zion Corp. & Lebow Clothes, Inc. v. Lebow
  761 F.2d 93· 2d Cir.· 1985-04-26 ·cited 13×
  The court affirmed the dismissal, holding that Harry Lebow was not contractually barred from using his personal name commercially and that his use did not infringe on the plaintiffs' trademarks.
• Daniels v. Woodbury Cnty.
  742 F.2d 1128· 8th Cir.· 1984-09-10 ·cited 13×
  The court held that the district court correctly found due process violations in the administration of the general relief program and affirmed the award of damages, but remanded for a more specific injunction and further findings on eligibility standards.
• Deukmejian v. United States Postal Serv.
  734 F.2d 460· 9th Cir.· 1984-06-05 ·cited 13×
  The court held that the Attorney General's office, as a state government agency primarily focused on law enforcement, does not qualify for special third-class bulk mailing rates under the "philanthropic organization" classification.
• Buccaneer Point Ests., Inc. v. United States & State of Fla.
  729 F.2d 1297· 11th Cir.· 1984-03-26 ·cited 13×
  The court held that requiring a § 404 permit for the remaining development would be a retroactive application of regulations resulting in manifest injustice, and thus reversed the lower court's decision.
• Tenneco OIL Co. v. The SAC & FOX Tribe OF Indians OF Okla.
  725 F.2d 572· 10th Cir.· 1984-01-17 ·cited 13×
  The court held that federal question jurisdiction exists and that tribal officers are not protected by tribal sovereign immunity when acting outside the scope of the tribe's lawful authority.
• Colonial Penn Ins. Co. v. Heckler
  721 F.2d 431· 3d Cir.· 1983-11-16 ·cited 13×
  The court held that federal courts have jurisdiction under 28 U.S.C. § 1331 to review the constitutional challenge, and that the plaintiff has standing, but ultimately affirmed the dismissal because the plaintiff is not entitled to relief on the merits.
• Romasanta v. United AIR Lines, Inc.
  717 F.2d 1140· 7th Cir.· 1983-09-21 ·cited 13×
  The court held that the district court did not abuse its discretion in granting partial retroactive seniority, considering the "unusual adverse impact" standard requires a fact-specific inquiry beyond mere impact on incumbent employees.
• Marks v. Cayo Hueso, Ltd.
  437 So. 2d 775· Fla. 3d DCA· 1983-09-13 ·cited 13×
  This trade name infringement case involves CHL's successful effort to enjoin nearby real estate developers from using the name "Casa Marina" for their condominium project. The court held that CHL, as the prior user of the historic Hotel Casa Marina name, established sufficient in
• Great Lakes Steel v. Nicki A. Deggendorf
  716 F.2d 1101· 6th Cir.· 1983-09-09 ·cited 13×
  An employer acting solely as an employer lacks standing under ERISA to sue, but an employer who also acts as a fiduciary for an employee benefit plan does have standing. The district court erred in dismissing the fiduciary claim.
• United Feature Syndicate, Inc. v. Sunrise Mold Co.
  569 F. Supp. 1475· S.D. Fla.· 1983-08-29 ·cited 13×
  The court held that defendants willfully infringed plaintiff's copyrights by manufacturing and selling unauthorized PEANUTS character molds, and were liable for statutory damages, attorney fees, costs, and punitive damages.
• Am. Motors Sales Corp. v. Runke
  708 F.2d 202· 6th Cir.· 1983-05-10 ·cited 13×
  The court held that the Anti-Injunction Act does not prohibit enjoining state administrative proceedings and that the district court did not abuse its discretion in granting a preliminary injunction due to a conflict between state and federal law, but the injunction was overly br
• Empresa Ecuatoriana de Aviacion v. Dist. Lodge NO. 100
  690 F.2d 838· 11th Cir.· 1982-11-01 ·cited 13×
  The court held that while a carrier may replace strikers to maintain operations during a minor dispute, unnecessarily replaced strikers are entitled to reinstatement with backpay, and properly replaced strikers are entitled to a preferential hiring list.
• Rohm & Haas Co. v. Adco Chem. Co.
  689 F.2d 424· 3d Cir.· 1982-09-21 ·cited 13×
  The court held that the district court erred in finding that the plaintiff's process was not a trade secret, reversing the decision and remanding for determination of relief.
• Robinson Elec. Co., Inc. v. Dade Cnty. & The Dade Cnty. Bd. of Cnty. Comm'rs
  417 So. 2d 1032· Fla. 3d DCA· 1982-07-13 ·cited 13×
  Robinson Electrical Company submitted the lowest bid for a county housing renovation contract but used a cashier's check instead of a bid bond for security. The trial court vacated the award as nonresponsive, but the appellate court reversed, holding that the variance in security
• DeMIER v. Gondles
  676 F.2d 92· 4th Cir.· 1982-01-28 ·cited 13×
  The court held that the district court properly awarded attorney's fees to the prevailing party under 42 U.S.C. § 1988, as the plaintiffs' lawsuit was a catalyst for the change in the strip search policy.
• United Farm Workers OF Am., AFL-CIO v. Ariz. Agric. Emp. Relations Bd.
  669 F.2d 1249· 9th Cir.· 1982-01-07 ·cited 13×
  The court held that the district court erred in granting a preliminary injunction because the UFW failed to exhaust its administrative remedies in Arizona and the Full Faith and Credit Clause does not require Arizona to apply California labor law or defer to California Board orde
• Inez Wright v. Regan
  656 F.2d 820· D.C. Cir.· 1981-06-18 ·cited 13×
  The court held that the plaintiffs failed to establish standing because they did not allege a concrete and direct injury resulting from the IRS's tax exemption policies for discriminatory schools.
• Hoots v. Commonwealth OF Pa.
  639 F.2d 972· 3d Cir.· 1981-01-26 ·cited 13×
  An appellate court has the power and duty to impose reasonable time limitations on a district court to resolve cases, especially those involving constitutional rights, to prevent unconscionable delay.
• Fla. Wildlife Fed'n v. Goldschmidt
  611 F.2d 547· 5th Cir.· 1980-02-07 ·cited 13×
  The court held that the case is moot because the highway construction sought to be enjoined has been substantially completed.
• Elliot Handler v. Sec. & Exch. Comm'n
  610 F.2d 656· 9th Cir.· 1979-12-28 ·cited 13×
  The court held that the district court did not exceed its authority in allowing the appointment of special counsel and that the plaintiffs may not challenge the manner of the special counsel’s investigation due to their failure to raise objections in a timely manner.
• Al-Kim, Inc. v. The United States
  650 F.2d 944· 9th Cir.· 1979-10-11 ·cited 13×
  Third parties whose property is levied upon to satisfy another's tax liability cannot contest the merits of the tax assessment under 26 U.S.C. § 6213, but may seek relief under 26 U.S.C. § 7426 if the levy was wrongful.
• Westmoreland Hosp. Ass'n v. Blue Cross OF Western Pennsylvania
  605 F.2d 119· 3d Cir.· 1979-09-10 ·cited 13×
  Federal question jurisdiction exists if the complaint, on its face, requires interpretation of federal statutes or regulations, even if state law claims are also present.
• Williams v. Curtis LAW
  368 So. 2d 1285· Fla.· 1979-03-08 ·cited 13×
  The Florida Supreme Court held that a property appraiser's challenge to a county Board of Tax Adjustment decision under section 194.032(6) constitutes an original civil action rather than an appeal, and therefore is governed by the sixty-day statute of limitations in section 194.
• Richman v. Shevin
  354 So. 2d 1200· Fla.· 1977-12-22 ·cited 13×
  The Florida Supreme Court upheld the constitutionality of campaign finance contribution limits as applied to the Dade County Judicial Trust Fund, holding that the fund qualifies as a 'political committee' under state election law and is subject to the $1,000 contribution ceiling