Injunctive Relief

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

• Gaudiya Vaishnava Soc'y v. City & Cnty. OF SAN Francisco
  900 F.2d 1369· 9th Cir.· 1990-04-10 ·cited 12×
  The court held that the sale of merchandise by nonprofit organizations, when inextricably intertwined with expressive messages, constitutes protected speech under the First Amendment, and a permit system granting unbridled discretion to officials to deny such sales is unconstitut
• Judybill Osceola v. Fla. Dep't OF Revenue
  893 F.2d 1231· 11th Cir.· 1990-02-06 ·cited 12×
  The Tax Injunction Act bars individual Indians from bringing federal court actions to challenge state sales taxes, as Florida provides a plain, speedy, and efficient remedy in its state courts.
• Opdyke Inv. Co. v. City OF Detroit
  883 F.2d 1265· 6th Cir.· 1989-08-25 ·cited 12×
  The court held that the district court did not err in applying the Local Government Antitrust Act of 1984 retroactively, finding it inequitable not to do so given the circumstances, and that the city's actions were not subject to antitrust liability.
• CSXT, Inc. v. Pitz
  883 F.2d 468· 6th Cir.· 1989-08-22 ·cited 12×
  Abstention is appropriate in preemption cases involving ongoing state administrative proceedings, even when federal law is claimed to preempt state action.
• del Percio v. Thornsley
  877 F.2d 785· 9th Cir.· 1989-06-09 ·cited 12×
  The court held that the plaintiff's damage claims were barred by the one-year statute of limitations and her claim for injunctive relief was not ripe for adjudication.
• CSX Transp., Inc. v. United Transp. Union
  879 F.2d 990· 2d Cir.· 1989-06-07 ·cited 12×
  The court held that the district court correctly classified the dispute as minor under the Railway Labor Act, and therefore, the injunction barring strikes was proper, even though a subsequent arbitration award favored the unions.
• GON v. First State Ins. Co.
  871 F.2d 863· 9th Cir.· 1989-03-30 ·cited 12×
  The court held that the insurance policy required the insurer to pay legal expenses as they were incurred, and that contemporaneous apportionment of these expenses was not feasible given the nature of the underlying claims.
• Robinson v. City OF Chicago
  868 F.2d 959· 7th Cir.· 1989-02-21 ·cited 12×
  The named plaintiffs in both cases lacked standing to seek equitable relief because they could not demonstrate a reasonable likelihood of future injury from the challenged policies.
• Action Alliance OF Senior Citizens OF Greater Philadelphia v. Bowen
  846 F.2d 1449· D.C. Cir.· 1988-05-13 ·cited 12×
  The modification of HHS's proposed regulations to make self-evaluations discretionary, rather than mandatory, required notice and comment under the APA.
• In re Titan Energy v. Titan Energy, Inc.
  837 F.2d 325· 8th Cir.· 1988-01-19 ·cited 12×
  The bankruptcy court has jurisdiction over National Union's action concerning insurance policies that are property of the debtor's estate, but abstention is appropriate because the issues are primarily state law matters with only a peripheral impact on the estate.
• City OF Miami v. Cosgrove
  516 So. 2d 1125· Fla. 3d DCA· 1987-12-22 ·cited 12×
  The City of Miami and Herbert Breslow appealed a jury verdict awarding damages to Michael Cosgrove, a police officer, for alleged violations of the Policeman's Bill of Rights. The court reversed, holding that the exclusive remedy for noncompliance with the Policeman's Bill of Rig
• Ulstein Mar., Ltd. v. United States
  833 F.2d 1052· 1st Cir.· 1987-11-25 ·cited 12×
  The court held that the district court had the authority to invalidate the SBA's certificate of competency and order the Navy to re-award the contract, as the SBA's immunity under 15 U.S.C. § 634(b)(1) does not preclude all judicial review or equitable relief in such cases.
• McNASBY v. Crown Cork & Seal Co., Inc.
  832 F.2d 47· 3d Cir.· 1987-10-30 ·cited 12×
  The court held that it lacked jurisdiction to hear the appeal because the district court's order, which adopted the findings of a state agency, did not constitute an appealable interlocutory order under 28 U.S.C. § 1292(a)(1) as it lacked serious or irreparable consequences.
• Carlin Commc'ns, Inc. v. The Mountain States Tel. & Tel. Co.
  827 F.2d 1291· 9th Cir.· 1987-09-14 ·cited 12×
  The dissenting judge would affirm the district court's injunction, finding that the telephone company's "new" policy was also imbued with state action.
• Surgidev Corp. v. EYE Tech., Inc.
  828 F.2d 452· 8th Cir.· 1987-09-04 ·cited 12×
  The court affirmed the district court's injunction against ETI for trade secret misappropriation and tortious interference, finding no clear error in factual findings or abuse of discretion in the injunction's length or modification denial.
• Serpas v. Schmidt
  827 F.2d 23· 7th Cir.· 1987-07-17 ·cited 12×
  The dissenting judge argues that the federal court should abstain from deciding the case to allow Illinois state courts to interpret the relevant state statute and rules, which could resolve the constitutional questions.
• Gen. Motors Corp. v. Cal. State Bd. OF Equalization
  815 F.2d 1305· 9th Cir.· 1987-04-29 ·cited 12×
  The court held that the state premiums tax, calculated with reference to benefits paid by ERISA plans, is not preempted by ERISA because it is saved by the insurance saving clause.
• The State OF Idaho v. Hodel
  814 F.2d 1288· 9th Cir.· 1987-04-09 ·cited 12×
  The court held that while forfeiture was not appropriate due to historical leasing practices, the state's long-term private leasing of prime park land for summer cottages violates the 'public park' restriction of the federal land patent.
• Patton v. Dole
  806 F.2d 24· 2d Cir.· 1986-11-19 ·cited 12×
  The court held that the district court erred in denying a preliminary injunction and dismissing the complaint, as the plaintiff raised serious questions regarding the interpretation of his service obligation agreement.
• Tosco Corp. v. Hodel
  804 F.2d 590· 10th Cir.· 1986-11-04 ·cited 12×
  The court held that a settlement agreement moots the case, depriving it of jurisdiction to consider motions to intervene and for injunction.
• In re The Minoco Grp. OF Cos., Ltd. v. First State Underwriters Agency OF NEW England Reinsurance Corp.
  799 F.2d 517· 9th Cir.· 1986-09-09 ·cited 12×
  The filing of a bankruptcy petition automatically stays the cancellation of officers and directors liability insurance policies under section 362(a)(3) of the Bankruptcy Code because such policies constitute property of the estate.
• Equal Emp. Opportunity Comm'n v. PAN Am. World Airways, Inc.
  796 F.2d 314· 9th Cir.· 1986-08-08 ·cited 12×
  The court held that it lacked jurisdiction to hear Pan Am's appeal because the district court's disapproval of the consent decree did not have the practical effect of denying Pan Am injunctive relief, nor did it cause serious or irreparable harm.
• Lake Tippecanoe Owners Ass'n, Inc. v. Hanauer
  494 So. 2d 226· Fla. 2d DCA· 1986-07-30 ·cited 12×
  Lake Tippecanoe Owners Association sought injunctive relief against a condominium unit owner, Carol Hanauer, for alleged violations of condominium documents. Hanauer prevailed and was awarded attorney's fees, but the trial court improperly enhanced the fee award by applying a 1.5
• Nilsa Ortiz v. Eichler
  794 F.2d 889· 3d Cir.· 1986-07-09 ·cited 12×
  The court held that Delaware's pre-hearing notice requirements for welfare benefits must be detailed, including calculations and reasons, and that claimants have a right to confront and cross-examine adverse witnesses under federal regulations.
• Herrell v. Seyfarth
  491 So. 2d 1173· Fla. 1st DCA· 1986-07-02 ·cited 12×
  This appeal addresses whether nonresidential tenants in Florida can raise legal and equitable defenses other than payment of rent in possessory actions for eviction. The court holds that the 1967 adoption of the summary procedure statute and 1983 amendments to Florida's landlord-
• Inv. Co. Inst. v. C.T. Conover
  790 F.2d 925· D.C. Cir.· 1986-05-20 ·cited 12×
  The court held that units of beneficial interest in Citibank's Collective Investment Trust for IRAs are not "securities" under the Glass-Steagall Act, and thus Citibank's operation of the trust is permissible.
• Swanson v. United States
  789 F.2d 1368· 9th Cir.· 1986-05-16 ·cited 12×
  The court held that the federal government's navigational servitude, derived from the Commerce Clause, extends to artificially raised water levels in navigable waters, superseding state property law.
• Hooten v. Fearon H. Jenne, III
  786 F.2d 692· 5th Cir.· 1986-04-07 ·cited 12×
  Local jail officials owe a duty to inmates to provide access to the courts, and a violation of this duty gives the inmate the right to pursue an action against them.
• Cabazon Band OF Mission Indians v. Cnty. OF Riverside
  783 F.2d 900· 9th Cir.· 1986-02-25 ·cited 12×
  State and local gambling laws do not apply on Indian reservations because the federal and tribal interests in self-government and economic development outweigh the state's interest, and the laws are civil/regulatory, not criminal/prohibitory.
• Eisenberg v. Lenape Prods., Inc.
  781 F.2d 999· 3d Cir.· 1986-01-22 ·cited 12×
  The court held that the district court abused its discretion by finding that injunctive relief was not necessary to prevent harm to employees' right to engage in concerted activity pending final relief.
• Porter v. Heckler
  780 F.2d 920· 11th Cir.· 1986-01-21 ·cited 12×
  The court held that the Government's position was substantially justified during the initial stages of litigation but became unjustified in later stages, entitling the plaintiff to attorney's fees for the latter period.
• Berkshire Cablevision OF R.I., Inc. v. Burke
  773 F.2d 382· 1st Cir.· 1985-09-24 ·cited 12×
  The case is moot because the plaintiff is no longer an applicant for the franchise and the challenged conditions do not pose a continuing threat to its interests.
• Bradley v. Milliken
  772 F.2d 266· 6th Cir.· 1985-09-16 ·cited 12×
  The court held that the district court's order terminating the student code of conduct and community relations program was procedurally deficient due to lack of notice and must be vacated.
• NEW Jersey Tpk. Auth. v. Jersey Cent. Power & Light & Gen. Pub. Utils. Nuclear Corp., Inc
  772 F.2d 25· 3d Cir.· 1985-09-06 ·cited 12×
  The court held that the case is moot because the shipping campaign concluded, rendering the requested injunctive relief unavailable and the 'capable of repetition, yet evading review' exception inapplicable due to a lack of demonstrated probability of recurrence.
• Shakopee Mdewakanton Sioux Community and Edith Crooks v. City OF Prior Lake
  771 F.2d 1153· 8th Cir.· 1985-08-30 ·cited 12×
  The court held that the annexation of Reservation land was valid under state and federal law, entitling Reservation residents to municipal services and voting rights. The court also modified the attorney fee award, reducing the hourly rate used for calculation.
• Brown v. Kerr-McGEE Chem. Corp.
  767 F.2d 1234· 7th Cir.· 1985-07-18 ·cited 12×
  The court held that while state law claims regarding pollution and nuisances are not preempted by the Atomic Energy Act, the doctrine of primary jurisdiction requires that the Nuclear Regulatory Commission (NRC) resolve issues pending before it before a court proceeds.
• Conyers v. Reagan
  765 F.2d 1124· D.C. Cir.· 1985-06-28 ·cited 12×
  The court held that the appeal is moot because the military invasion of Grenada has ended and all troops have been withdrawn, rendering the requested injunctive and declaratory relief impossible to grant.
• Winston v. The City OF NEW York
  759 F.2d 242· 2d Cir.· 1985-04-05 ·cited 12×
  A New York City public school teacher's contractual right to a pension vests upon becoming a member of the retirement system and constitutes a property interest protected by the Fourteenth Amendment's due process clause. A provision automatically forfeiting pensions upon dismissa
• Wightman v. Bureau OF Alcohol
  755 F.2d 979· 1st Cir.· 1985-03-05 ·cited 12×
  The court should affirm in full, not remand for further review of segregable material.
• Pantry Pride, Inc. v. Retail Clerks Tri-State Pension Fund
  747 F.2d 169· 3d Cir.· 1984-10-31 ·cited 12×
  The court held that the request for interim payments was not a counterclaim, and therefore the order denying relief was not appealable.
• Watson v. City OF Newark
  746 F.2d 1008· 3d Cir.· 1984-10-31 ·cited 12×
  The appeal is dismissed for lack of standing because the appellants received all the relief they sought and were not aggrieved by the district court's order.
• Wash. Hosp. Ctr. v. Serv. Emps. Int'l Union
  746 F.2d 1503· D.C. Cir.· 1984-10-26 ·cited 12×
  The court held that procedural disputes regarding arbitration prerequisites are for the arbitrator, not the court, to decide. It reversed attorney's fees awards in two cases but affirmed the rest of the district court's determinations.
• People OF the State OF Cal. v. Walters
  751 F.2d 977· 9th Cir.· 1984-10-09 ·cited 12×
  The court held that 42 U.S.C. § 6961 does not clearly and unambiguously waive sovereign immunity for criminal sanctions against federal facilities.
• Vance Murphy v. The Honorable Scott Matheson
  742 F.2d 564· 10th Cir.· 1984-08-22 ·cited 12×
  The court held that the Utah Drug Paraphernalia Act is not unconstitutionally overbroad as applied to commercial speech and that its vagueness challenge fails due to a scienter requirement and clear statutory factors. However, certain enforcement factors may be unconstitutionally
• Town OF N. Bonneville v. United States Dist. Court
  732 F.2d 747· 9th Cir.· 1984-05-07 ·cited 12×
  The court held that the District Court's transfer of four causes to the U.S. Claims Court was clearly erroneous and constituted a judicial usurpation of power, warranting a writ of mandamus.
• The Atchison v. Lennen
  732 F.2d 1495· 10th Cir.· 1984-04-27 ·cited 12×
  The court held that a sales assessment ratio study based solely on real estate is insufficient to prove the assessment ratio for all commercial and industrial property, which includes personal property, under the Railroad Revitalization and Regulatory Reform Act of 1976. The cour
• Lucinda Cunningham v. Barrett Toan
  728 F.2d 1101· 8th Cir.· 1984-03-01 ·cited 12×
  A state practice of automatically deeming Old Age, Survivor and Disability Insurance (OASDI) benefits, paid to a representative payee for a minor parent, as income available to that parent's dependent child for AFDC eligibility is invalid because it conflicts with federal regulat
• Midkiff v. TOM
  725 F.2d 502· 9th Cir.· 1984-02-06 ·cited 12×
  Federal courts may issue injunctions to protect the res judicata effect of their judgments against state actions that disregard them.
• E-Systems, Inc. v. Monitek, Inc.
  720 F.2d 604· 9th Cir.· 1983-10-25 ·cited 12×
  The court held that laches barred E-Systems' claim for injunctive relief against Monitek's use of its tradename and trademark, due to Monitek's good faith use, substantial investment, and E-Systems' unreasonable delay in bringing suit.
• Fast v. The Sch. Dist. OF City OF Ladue
  712 F.2d 379· 8th Cir.· 1983-07-28 ·cited 12×
  A plaintiff is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1983 if they do not succeed on any significant issue which achieves some of the benefit sought.