Injunctive Relief

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

• Kingdrel N. Ayers v. Home Owners Ass'n of Killearn Ests.
  360 So. 2d 1326· Fla. 1st DCA· 1978-08-03 ·cited 12×
• Reiter v. Sonotone Corp.
  579 F.2d 1077· 8th Cir.· 1978-06-19 ·cited 12×
  The petition for rehearing en banc was denied by a majority of the judges.
• In re Pope
  580 F.2d 620· D.C. Cir.· 1978-05-02 ·cited 12×
  The court held that the district court's transfer order was not sufficiently justified on the record and remanded for a statement of reasons.
• Bolding v. Austin
  575 F.2d 461· 4th Cir.· 1978-04-26 ·cited 12×
  The court held that the complaint, which sought to have the federal district court assume supervision of the entire state prison system, failed to state a claim upon which relief could be granted and should have been dismissed.
• Private Frank L. Huff v. Secretary OF the Navy
  575 F.2d 907· D.C. Cir.· 1978-03-15 ·cited 12×
  The dissenting judge would hold that multi-signature petitions are not protected communications under 10 U.S.C. § 1034 and that regulations requiring prior review are necessary for national security.
• Gen. Dynamics Corp. v. Marshall
  572 F.2d 1211· 8th Cir.· 1978-02-14 ·cited 12×
  The court held that FOIA exemptions are permissive, not mandatory, and that 18 U.S.C. § 1905 does not provide a private cause of action for injunctive relief against disclosure. Review of agency decisions to disclose information should be under the Administrative Procedure Act ba
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. Andersen
  569 F.2d 1027· 8th Cir.· 1978-01-06 ·cited 12×
  The court held that attorneys' fees should be awarded to a prevailing party under the Civil Rights Attorney's Fees Awards Act of 1976 unless unusual circumstances make the award unjust.
• The Other Place OF Miami, Inc. v. The City OF Hialeah Gardens
  353 So. 2d 861· Fla. 3d DCA· 1977-12-06 ·cited 12×
  The Other Place, a liquor vendor, appealed the dismissal of its complaint seeking to enjoin enforcement of a city ordinance reducing alcoholic beverage sales closing hours from 3:00 A.M. to 1:00 A.M. The court affirmed the dismissal, holding that the city's regulation of sales ho
• Marshall v. Daniel Constr. Co., Inc.
  563 F.2d 707· 5th Cir.· 1977-11-21 ·cited 12×
  The dissenting judge argues that the Secretary of Labor's regulation, allowing employees to refuse work in imminent danger without penalty, is reasonably related to the Occupational Safety and Health Act's purposes and should not be invalidated based on legislative history.
• Butler v. Lomelo
  355 So. 2d 1208· Fla. 4th DCA· 1977-11-09 ·cited 12×
  Eight firefighters challenged their furlough by the City of Sunrise, claiming denial of due process and seeking injunctive and declaratory relief, as well as damages for mental anguish. The trial court denied equitable relief but a jury awarded damages including compensation for
• Main Road v. Aytch
  565 F.2d 54· 3d Cir.· 1977-10-14 ·cited 12×
  Prison regulations banning group press conferences are not unconstitutional, but inmates are entitled to a declaratory judgment recognizing the procedural changes achieved through litigation.
• Taylor Creek Vill. Ass'n, Inc. v. Houghton
  349 So. 2d 1219· Fla. 3d DCA· 1977-09-20 ·cited 12×
  Taylor Creek Village Association appealed a judgment invalidating restrictions and liens on homeowners' property. The trial court found that declaration of restrictions filed for one plat (Plat Book 5, page 103) did not apply to the appellees' lots, and the appellate court affirm
• LEO Sheep Co. v. United States
  570 F.2d 881· 10th Cir.· 1977-05-17 ·cited 12×
  The dissenting judge would affirm the District Court's judgment, finding that the United States cannot take private land for access purposes without compensation.
• N. BAY Vill. Lions Found., Inc. v. City OF Miami Beach
  338 So. 2d 236· Fla. 3d DCA· 1976-09-28 ·cited 12×
  The North Bay Village Lions Foundation challenged a city ordinance regulating bingo games, seeking declaratory and injunctive relief. The trial court dismissed the complaint on the grounds that the foundation had unclean hands by permitting its premises to be used in violation of
• Luttrell B. COX v. Allied Chem. Corp.
  538 F.2d 1094· 5th Cir.· 1976-09-15 ·cited 12×
  The court held that the district court erred in dismissing intervenors' claims without a hearing to determine if they knowingly and voluntarily waived their Title VII rights by signing the EEOC conciliation agreement. The court also affirmed the dismissal of a white plaintiff's c
• United States v. W. H. Hodges & Co., Inc.
  533 F.2d 276· 5th Cir.· 1976-06-11 ·cited 12×
  The court held that the district court erred in retroactively denying recovery of accrued daily forfeitures, but affirmed the grant of summary judgment on the merits.
• Stephenson v. Dep't OF Agric. & Consumer Servs.
  329 So. 2d 373· Fla. 1st DCA· 1976-03-30 ·cited 12×
  The Florida District Court of Appeal affirmed the denial of appellants' motion for summary judgment and injunctive relief against the Department of Agriculture and Consumer Services' requirement that all trucks stop at agricultural inspection stations. The court upheld the consti
• Andover Dev. Corp. v. City OF NEW Smyrna Beach
  328 So. 2d 231· Fla. 1st DCA· 1976-02-10 ·cited 12×
  Andover Development Corporation challenged a referendum that rezoned its property from RR-PUD (allowing multi-family development) back to single-family residential zoning. The court held that zoning decisions implemented through initiative and referendum procedures violate due pr
• Henderson v. Fort Worth Indep. Sch. Dist. & John R. Leatherbury
  526 F.2d 286· 5th Cir.· 1976-01-22 ·cited 12×
  The court held that the three-year qualified voter requirement for school board candidates violates the Equal Protection Clause of the Fourteenth Amendment.
• Sarasota Cnty. v. Gen. Dev. Corp.
  325 So. 2d 45· Fla. 2d DCA· 1976-01-14 ·cited 12×
  The court held that Sarasota County lacked standing to appeal the City's order approving a development of regional impact under Fla.Stat. § 380.07, but the trial court erred in dismissing claims regarding subdivision plat recording.
• Soc'y FOR Individual Rights, Inc. v. Hampton
  528 F.2d 905· 9th Cir.· 1975-12-19 ·cited 12×
  The court held that a district court did not abuse its discretion in denying retroactive relief (reinstatement with back pay) for a class in a Rule 23(b)(2) action, as individual issues of job performance made it inappropriate for class-wide resolution.
• Warner B. Jackson v. Dukakis
  526 F.2d 64· 1st Cir.· 1975-12-01 ·cited 12×
  A plaintiff must demonstrate a direct, concrete injury to establish standing, and failing to apply for a job with the defendant agencies prevents this.
• Dunlop v. The State OF NEW Jersey
  522 F.2d 504· 3d Cir.· 1975-08-04 ·cited 12×
  The court affirmed the district court's decision, agreeing that the Secretary of Labor could seek retrospective unpaid overtime compensation for state employees under the FLSA.
• Kupiec v. Republic Fed. Sav. & Loan Ass'n & Otto C. Martinek
  512 F.2d 147· 7th Cir.· 1975-03-04 ·cited 12×
  Federal Home Loan Bank Board's Bylaw (g) preempts any federal common law right of members to inspect or copy a federal savings and loan association's membership list, and the bylaw is a reasonable and constitutional means of communication.
• City OF Orlando v. Orange Cnty.
  309 So. 2d 16· Fla. 4th DCA· 1975-02-14 ·cited 12×
  The City of Orlando appealed the trial court's denial of its motion to dismiss Orange County's complaint seeking to enjoin the city from exercising jurisdiction over three annexed unincorporated islands. The Fourth District Court of Appeal held that quo warranto is the exclusive
• Rossetti Contracting Co., Inc. v. Brennan
  508 F.2d 1039· 7th Cir.· 1974-12-30 ·cited 12×
  A bidder on a federally assisted construction contract cannot amend a non-responsive minority hiring plan (Appendix A) after bid opening, as this is a matter of responsiveness, not a correctable minor irregularity.
• Garcia v. Gray
  507 F.2d 539· 10th Cir.· 1974-12-17 ·cited 12×
  The court held that the city ordinance's absolute prohibition on residential picketing, while restricting First Amendment rights, is a permissible infringement to protect the privacy of the home and neighborhood.
• State OF Ala. & Ala. Air Pollution Control Comm'n ex rel. William J. Baxley v. Seeber
  502 F.2d 1238· 5th Cir.· 1974-10-14 ·cited 12×
  The court should affirm the district court's decision.
• Eartha L. ST. ANN v. Palisi
  495 F.2d 423· 5th Cir.· 1974-06-06 ·cited 12×
  A school regulation that allows children to be suspended for their parents' misconduct violates the substantive due process guarantee of the Fourteenth Amendment because punishment must be based on personal guilt.
• ST. Mary's Hosp. OF E. ST. Louis, Inc. v. Ogilvie
  496 F.2d 1324· 7th Cir.· 1974-05-23 ·cited 12×
  The court held that the Economic Stabilization Act regulations applied to Medicaid reimbursements, requiring the hospital to follow administrative procedures for rate increases.
• State of Fla. ex rel. Richard E. Gerstein v. Walvick Theatre Corp.
  298 So. 2d 406· Fla.· 1974-05-01 ·cited 12×
  Florida's Supreme Court reversed a trial court's declaration that the obscenity statute (F.S. § 847.011) was unconstitutional, holding that the statute's provisions allowing both criminal penalties and civil injunctions against obscene materials do not violate due process or doub
• Westgate-California Corp. v. United States
  496 F.2d 839· 9th Cir.· 1974-04-10 ·cited 12×
  A district court lacks jurisdiction to enjoin the IRS from imposing a jeopardy assessment, as this falls under the "pay and sue" rule of 26 U.S.C. § 7421(a) and is not saved by exceptions like 26 U.S.C. § 6213(a) when a jeopardy assessment is involved.
• Nader v. Saxbe
  497 F.2d 676· D.C. Cir.· 1974-04-04 ·cited 12×
  The court held that plaintiffs lacked standing to sue because the repeal of the Federal Corrupt Practices Act (FCPA) broke the logical nexus between their alleged injury (lack of campaign information) and the prospective relief sought (mandamus to compel prosecutions).
• The City OF Punta Gorda v. McSMITH, Inc.
  294 So. 2d 27· Fla. 2d DCA· 1974-03-27 ·cited 12×
  The court held that the city has standing to enforce special laws prohibiting sewage disposal devices near Shell Creek, and that McSmith's proposed collection devices constitute prohibited extensions.
• Commodore Plaza AT Century 21 Condo. Ass'n, Inc. v. Century 21 Commodore Plaza Inc.
  290 So. 2d 539· Fla. 3d DCA· 1974-02-12 ·cited 12×
  The Commodore Plaza condominium association appealed two interlocutory orders: one dissolving a notice of lis pendens filed against the developer-plaintiff's units, and another severing equitable issues from legal issues for separate trial. The Third District affirmed both orders
• MOW SUN Wong v. Hampton
  500 F.2d 1031· 9th Cir.· 1974-01-25 ·cited 12×
  The court held that the Civil Service Commission's blanket exclusion of resident aliens from federal competitive civil service positions violates the Due Process Clause of the Fifth Amendment because it is an unjustifiable discrimination lacking a compelling government interest.
• Env't Def. Fund, Inc. v. Froehlke
  477 F.2d 1033· 8th Cir.· 1973-04-20 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a blanket injunction to halt all construction pending a final Environmental Impact Statement, balancing the equities and potential harm.
• Fischer v. Hon. William T. Cahill
  474 F.2d 991· 3d Cir.· 1973-03-01 ·cited 12×
  The court held that a state prisoner's malpractice claim against a state agency is not cognizable under the Civil Rights Act, but a claim that the Parole Board denied parole without reasons may state a claim for denial of equal protection.
• Culp v. Martin
  471 F.2d 814· 5th Cir.· 1973-01-10 ·cited 12×
  The court held that while claims for injunctive relief regarding jail conditions were moot due to the prisoners' return, their claims for damages and return of property remained viable.
• Friedman v. Froehlke
  470 F.2d 1351· 1st Cir.· 1972-12-22 ·cited 12×
  The court held that the Army regulation prohibiting male reservists from wearing wigs, except for baldness or disfigurement, is invalid because it exceeds statutory authority and attempts to control matters not legitimately within the province of Army and Guard regulation.
• Robin Prods. Co. v. Tomecek
  465 F.2d 1193· 6th Cir.· 1972-08-23 ·cited 12×
  The court held that the district court erred in dismissing the declaratory judgment action for lack of jurisdiction without an evidentiary hearing, as a genuine dispute existed regarding whether a charge of infringement could be inferred.
• Powell v. Detective Sylvester Jarvis and Mary Gamble
  460 F.2d 551· 2d Cir.· 1972-05-26 ·cited 12×
  The court held that the district court properly dismissed the complaint for failure to state a claim under the civil rights statutes, as the allegations were too vague and conclusory.
• Levine v. Selective Serv. Local Bd. NO. 18
  458 F.2d 1281· 2d Cir.· 1972-04-14 ·cited 12×
  The court held that dismissal of the complaint was improper because a hearing was necessary to determine if the induction order was issued in violation of Selective Service regulations, specifically whether the board's actions constituted 'blatantly lawless' conduct.
• Holland v. Purdy
  457 F.2d 802· 5th Cir.· 1972-03-17 ·cited 12×
  The court held that the petition for injunctive relief was moot because the petitioner was no longer subjected to the conditions he complained of.
• Morgan v. Rhodes
  456 F.2d 608· 6th Cir.· 1972-02-15 ·cited 12×
  The court held that a claim challenging the training, weaponry, and orders of the National Guard, which allegedly makes inevitable the use of force, presents a non-justiciable political question and fails to state a claim upon which relief can be granted.
• Davis v. Shultz
  453 F.2d 497· 3d Cir.· 1971-12-27 ·cited 12×
  The court held that the plaintiffs failed to state a claim upon which relief could be granted and that the district court correctly dismissed the complaint for lack of subject matter jurisdiction.
• Stewart v. Dameron
  448 F.2d 396· 5th Cir.· 1971-09-16 ·cited 12×
  The court held that the district court erred in placing the burden of proof on the defendants regarding the good faith of the prosecution.
• Bratcher v. McNAMARA
  448 F.2d 222· 9th Cir.· 1971-09-08 ·cited 12×
  The court held that while the trial court erred in dismissing the complaint based on the pending court martial, the Secretary of the Army's decision to deny discharge and assign the appellant to non-combatant duties was supported by a factual basis and complied with applicable re
• Atl. Richfield Co. v. OIL, Chem. & Atomic Workers Int'l Union, AFL-CIO
  447 F.2d 945· 7th Cir.· 1971-08-23 ·cited 12×
  The court held that the appeal was not moot, timely, and that a Rule 54(b) certificate was not required for an appeal under 28 U.S.C. § 1292(a)(1). The court affirmed the denial of injunctive relief due to changed circumstances and law.
• Hannifin v. Rogers C. B. Morton
  444 F.2d 200· 10th Cir.· 1971-06-09 ·cited 12×
  The court held that the Secretary of the Interior had the authority to apply a new rental fee regulation to pending applications for prospecting permits, as applicants do not acquire vested rights upon filing an application.