Injunctive Relief

8,031 Florida cases classified under this topic, plus 5,116 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Ladner v. Plaza del Prado Condo. Ass'n, Inc.
  423 So. 2d 927· Fla. 3d DCA· 1982-11-16 ·cited 83×·via Injunction
  The Ladners appealed a final judgment requiring them to restore their condominium terrace railing to comply with the Declaration of Condominium. The court held that the Association's enforcement action was not selective enforcement and that prior appellate dicta on the merits fro
• Wright & Seaton, Inc. v. Prescott
  420 So. 2d 623· Fla. 4th DCA· 1982-09-15 ·cited 83×·via Injunction
  Wright & Seaton, an insurance agency, sought to enforce a non-compete covenant against its former employee Prescott. The trial court declined to enforce the covenant, finding the employment agreement lacked mutuality of obligation because the employer retained the unilateral righ
• Thompson v. Danford L. Sawyer, Jr.
  678 F.2d 257· D.C. Cir.· 1982-04-27 ·cited 83×
  The majority opinion erred in applying the Equal Pay Act and Title VII retroactively to periods before their effective dates for federal government employment.
• Reserve Mining Co. v. Env't Prot. Agency & William D. Ruckelshaus
  514 F.2d 492· 8th Cir.· 1975-03-14 ·cited 83×
  The court affirmed the injunction but modified its terms, holding that while Reserve's discharges pose a potential threat to public health, the danger is not imminent and does not warrant immediate plant closure.
• Crosley Corp. v. Hazeltine Corp.
  122 F.2d 925· 3d Cir.· 1941-09-11 ·cited 83×·via Injunction
  A federal district court that first obtains jurisdiction of the parties and issues may enjoin proceedings involving the same issues and parties begun thereafter in another federal district court.
• Bloxham v. Fla. Cent. & Peninsular R.R. Co.
  35 Fla. 625· Fla.· 1895-01-01 ·cited 83×·via Injunction
  The Florida Supreme Court upheld a state statute assessing back taxes on railroad property for years 1879-1881 that had escaped taxation, rejecting the railroad company's claims that it had acquired tax exemption rights and that the reassessment statute violated constitutional pr
• Elmo v. Myers
  544 F.2d 837· 5th Cir.· 1977-01-03 ·cited 82×
  The court held that the district court's order approving a consent decree with injunctive relief was appealable, and that international unions could be held liable for discriminatory practices perpetuated by their locals' collective bargaining agreements.
• Equal Emp. Opportunity Comm'n v. Enter. Ass'n Steamfitters Local NO. 638 of U. A.
  542 F.2d 579· 2d Cir.· 1976-09-07 ·cited 82×
  The court held that backpay awards are permissible against unions under Title VII, and reversed the district court's restrictive limitations on who could claim backpay, particularly regarding written application requirements and those denied work referrals or apprenticeship oppor
• Am. Foods, Inc. v. Golden Flake, Inc.
  312 F.2d 619· 5th Cir.· 1963-01-23 ·cited 82×
  The court held that the Lanham Act requires a likelihood of confusion as to source of origin for trademark infringement, and such protection is limited to areas where the mark has been used or expansion is warranted, not the entire United States.
• Gupton v. Vill. KEY & SAW Shop, Inc.
  656 So. 2d 475· Fla.· 1995-06-15 ·cited 81×·via Injunction
  The Florida Supreme Court resolved a conflict between district courts regarding whether a 1990 amendment to Florida's noncompete statute should be applied retroactively or prospectively. The court held that the amendment made substantive changes to noncompete law and must be appl
• Goodman v. Lukens Steel Co.
  777 F.2d 113· 3d Cir.· 1985-11-13 ·cited 81×
  The court held that the statute of limitations for a cause of action under 42 U.S.C. § 1981 in Pennsylvania should be six years, not two years as applied to § 1983 claims.
• Straughn v. Lindley M. Camp
  293 So. 2d 689· Fla.· 1974-03-07 ·cited 81×·via Injunction
  The Florida Supreme Court reversed a lower court decision that exempted from ad valorem taxation certain leasehold interests granted by Escambia County and the Santa Rosa Island Authority to private lessees. The court held that the 1971 tax reform legislation (Chapter 71-133) val
• Mercury Motor Express, Inc. v. Brinke
  475 F.2d 1086· 5th Cir.· 1973-03-15 ·cited 81×
  The court held that it had jurisdiction to review the stay order as part of an appeal from the denial of a preliminary injunction, and that the doctrine of primary jurisdiction was inapplicable to a suit brought under 49 U.S.C.A. § 1017(b)(2).
• Cape MAY Greene, Inc. v. Warren
  698 F.2d 179· 3d Cir.· 1983-01-10 ·cited 80×
  The court held that the EPA acted arbitrarily in imposing a sewer hookup restriction on floodplain development that defied state and local land use regulations, as Congress has encouraged state and local regulation of coastal areas.
• Cities Serv. Co. & Cities Serv. Oil Co. v. Fed. Energy Admin. & Frank G. Zarb
  529 F.2d 1016· Temp. Emer. Ct. App.· 1975-12-31 ·cited 80×
  The court held that the Federal Energy Administration's (FEA) Old Oil Entitlements Program was a valid exercise of authority under the Emergency Petroleum Allocation Act of 1973 and was not unconstitutional, arbitrary, or capricious.
• The Conservation Soc'y OF S. Vt., Inc. v. Sec'y OF Transp.
  508 F.2d 927· 2d Cir.· 1974-12-11 ·cited 80×
  The National Environmental Policy Act requires the responsible federal agency, not a state agency, to prepare its own environmental impact statement for federally funded projects. A district court has discretion to deny an injunction for NEPA violations if strong equities favor t
• Brotherhood OF Railroad Trainmen v. The Akron & Barberton Belt R.R. Co.
  385 F.2d 581· D.C. Cir.· 1967-05-12 ·cited 80×
  The court held that work rules established by a compulsory arbitration award continue in effect after the award's expiration unless changed according to the Railway Labor Act, and that carriers had a duty to bargain about proposed changes during the award's pendency.
• Swan v. Bd. OF Higher Educ. OF the City OF NEW York by Gustave G. Rosenberg
  319 F.2d 56· 2d Cir.· 1963-06-04 ·cited 80×·via Injunction
  The court held that the plaintiff's amended complaint was a nullity because it was filed after a judgment of dismissal had been entered, and the clerk's failure to formally enter the judgment did not alter this fact. The court also found that the plaintiff's claim was barred by t
• Milwaukee Towne Corp. v. Loew's, Inc.
  190 F.2d 561· 7th Cir.· 1951-07-17 ·cited 80×·via Injunction
  The court held that the trial court's findings regarding damages for the first period were not supported by substantial evidence, reversing that portion of the judgment. The court also found the attorney fee award to be excessive.
• Boykin v. The Town of River Junction
  121 Fla. 902· Fla.· 1935-12-12 ·cited 80×·via Injunction
  The Florida Supreme Court held that the Town of River Junction's proposed issuance of Mortgage Revenue Certificates to finance a new sewerage system and water supply improvements violates the Florida Constitution because it requires voter approval via a constitutionally-mandated
• Caribbean Conservation Corp., Inc. v. Fla. Fish & Wildlife Conservation Comm'n
  838 So. 2d 492· Fla.· 2003-01-16 ·cited 79×
  The Florida Supreme Court upheld statutory requirements that the Fish and Wildlife Conservation Commission comply with the Administrative Procedure Act when adopting rules regarding endangered, threatened, and certain marine species, holding that the Constitution does not grant t
• Rodger H. Bennett v. Cont'l Chems., Inc.
  492 So. 2d 724· Fla. 1st DCA· 1986-07-22 ·cited 79×
  Bennett appeals from a permanent injunction granted by the trial court, arguing that the court held a final hearing on the injunction before all pending motions were resolved and without entering a formal order setting the case for trial as required by Florida Rule of Civil Proce
• Bibbs v. Block
  778 F.2d 1318· 8th Cir.· 1985-12-11 ·cited 79×
  The court held that the employer must prove by clear and convincing evidence that the plaintiff would not have been promoted absent discrimination.
• V. T. A., Inc. v. Airco, Inc.
  597 F.2d 220· 10th Cir.· 1979-04-19 ·cited 79×·via Injunction
  The court affirmed the denial of the Rule 60(b) motion, finding the sixteen-month delay unreasonable for claims under 60(b)(5) and (6), and the judgment not void under 60(b)(4). The court also affirmed the denial of the contempt motion, finding the differences between the Vac-Tec
• Sec. & Exch. Comm'n v. Research Automation Corp.
  585 F.2d 31· 2d Cir.· 1978-10-16 ·cited 79×
  Summary judgment is appropriate when the non-moving party fails to provide concrete particulars to contradict the moving party's evidence, and the misrepresentations are so obviously important that reasonable minds cannot differ on materiality.
• Donaldson v. O'Connor
  493 F.2d 507· 5th Cir.· 1974-04-26 ·cited 79×
  The Fourteenth Amendment guarantees involuntarily civilly committed mental patients a constitutional right to treatment, and the evidence was sufficient to support the jury's verdict.
• Ezell Littleton v. Peyton Berbling
  468 F.2d 389· 7th Cir.· 1972-10-06 ·cited 79×·via Prohibitory Injunction
  The dissenting judge holds that federal courts lack the power to issue mandatory injunctions regulating the discretion of state court judges and prosecutors, and that state officials are immune from damage claims for acts within their official duties.
• Von D. Mizell v. N. Broward Hosp. Dist.
  427 F.2d 468· 5th Cir.· 1970-03-25 ·cited 79×
  The court denied the petition for rehearing and rehearing en banc.
• Hagan v. Sabal Palms, Inc.
  186 So. 2d 302· Fla. 2d DCA· 1966-03-23 ·cited 79×
  Homeowners in a residential subdivision sought to enforce restrictive covenants against a corporation that purchased two lots and planned to build a restaurant in violation of deed restrictions limiting the property to dwelling use only. The trial court dismissed the complaint fo
• Fla. Ventilated Awning Co., Inc. v. Dickson
  67 So. 2d 215· Fla.· 1953-07-28 ·cited 79×
  Florida Ventilated Awning Co. sought to enjoin competitors from using the term "Ventilated Awning" to describe their products, claiming the term had acquired secondary meaning through extensive advertising and sales. The Florida Supreme Court affirmed the injunction, holding that
• Love v. Miami Laundry Co.
  118 Fla. 137· Fla.· 1934-05-05 ·cited 79×
  The Florida Supreme Court reversed an injunction that would have prevented former laundry company employees from working for competitors for one year after termination. The court held that equity should not grant injunctive relief to enforce non-compete provisions in personal ser
• Digit. Props., Inc. v. City OF Plantation
  121 F.3d 586· 11th Cir.· 1997-09-05 ·cited 78×
  Digital Properties sought to establish an adult bookstore and video rental business in Plantation, Florida, but filed a federal lawsuit challenging the city's zoning ordinance as unconstitutional after a single conversation with a non-supervisory zoning employee, without pursuing
• Newman v. State OF Ala.
  683 F.2d 1312· 11th Cir.· 1982-08-09 ·cited 78×
  The court held that the appeal of the July 15 order was moot due to compliance, and the December 14 order was an improper mandatory injunction because plaintiffs had an adequate legal remedy through contempt proceedings for enforcing the consent decree.
• Anderson v. Thompson
  658 F.2d 1205· 7th Cir.· 1981-09-08 ·cited 78×
  The court held that the Education for All Handicapped Children Act (EAHCA) does not authorize compensatory damages absent exceptional circumstances, nor does it provide for attorney's fees.
• Camenisch v. The Univ. OF Tex.
  616 F.2d 127· 5th Cir.· 1980-04-28 ·cited 78×
  The court held that a private right of action exists under Section 504 of the Rehabilitation Act for injunctive relief, and that plaintiffs are not required to exhaust administrative remedies before filing suit.
• Kirby v. Colony Furniture Co., Inc.
  613 F.2d 696· 8th Cir.· 1980-01-09 ·cited 78×
  The court held that the district court's finding of no classwide discrimination regarding the leadman classification was not clearly erroneous due to a lack of evidentiary support for the appellants' claims.
• Oljato Chapter OF the Navajo Tribe v. Train
  515 F.2d 654· D.C. Cir.· 1975-07-07 ·cited 78×
  A challenge to the Administrator's refusal to revise a standard of performance under the Clean Air Act is considered a challenge to the standard itself and must be brought as a direct appeal in the Court of Appeals under Section 307(b)(1), not in District Court under Section 304
• Smith v. Ferron C. Losee
  485 F.2d 334· 10th Cir.· 1973-08-22 ·cited 78×
  The dissenting judge argues that board members are liable for failing to investigate facts, even if they acted in good faith, and that damages awarded were excessive.
• Langevin v. Chenango Court, Inc.
  447 F.2d 296· 2d Cir.· 1971-07-23 ·cited 78×
  The court held that tenants in FHA-assisted housing projects are entitled to a fair administrative hearing before rent increases are approved, as a matter of due process.
• Southern v. Atl. Coast Line R.R. Co.
  373 F.2d 493· 5th Cir.· 1967-02-16 ·cited 78×·via Injunction
  The court held that the trial court erred by granting summary judgment without proper notice and hearing, and that the new evidence presented in the Rule 60(b) motion warranted reconsideration.
• Lyons v. Westinghouse Elec. Corp. & Gen. Elec. Co.
  222 F.2d 184· 2d Cir.· 1955-03-29 ·cited 78×·via Injunction
  A federal district court's stay of proceedings pending a state court determination is not appealable as a final order, but a writ of mandamus may be appropriate if the state court's decision cannot affect the federal action.
• Conference of Studio Unions v. Loew's Inc.
  193 F.2d 51· 9th Cir.· 1951-11-02 ·cited 78×·via Injunction
  Appellants, who are not directly injured by a lessening of commercial competition in the motion picture industry, cannot recover under the antitrust laws for damages incidental to an alleged conspiracy.
• Lakeland Ideal Farm & Drainage Dist. v. Mitchell
  97 Fla. 890· Fla.· 1929-05-24 ·cited 78×·via Injunction
  The Florida Supreme Court reversed the lower court's overruling of a demurrer in a trespass and injunction case, holding that an action for continuing trespass to real estate involving title determination is local in nature and must be brought in the county where the land is loca
• Burdine v. Sewell
  92 Fla. 375· Fla.· 1926-07-27 ·cited 78×·via Injunction
  This case involves a dispute over rights to use a private alley between properties in Miami. The Florida Supreme Court held that an agreement purporting to grant alley usage rights constituted a revocable personal license rather than a permanent easement appurtenant, and reversed
• Sw. Ranches Homeowners Ass'n, Inc. v. Cnty. OF Broward
  502 So. 2d 931· Fla. 4th DCA· 1987-01-14 ·cited 77×
  Southwest Ranches Homeowners Association challenged Broward County zoning ordinances that rezoned a 588-acre parcel adjacent to a women's prison to permit construction of a sanitary landfill and resource recovery plant. The court affirmed the ordinances, holding they were consist
• Nat'l Ass'n FOR the Advancement OF Colored People v. The Med. Ctr., Inc.
  599 F.2d 1247· 3d Cir.· 1979-06-04 ·cited 77×
  Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973 create private rights of action for individuals seeking declaratory and injunctive relief against discriminatory practices in federally funded programs.
• Wright v. McMANN
  460 F.2d 126· 2d Cir.· 1972-03-16 ·cited 77×
  The court held that the restoration of good time to Mosher and the award of damages to Wright against Warden McMann were improperly affirmed.
• Harris v. H.A. Goff
  151 So. 2d 642· Fla. 1st DCA· 1963-04-09 ·cited 77×
  This case clarifies the proper method for challenging county zoning resolutions. The court held that a direct suit in equity for an injunction is the appropriate method to challenge a zoning resolution as unreasonable or unconstitutional, rather than a writ of certiorari, because
• City of Miami v. Rosen
  151 Fla. 677· Fla.· 1942-11-03 ·cited 77×
  Property owners challenged a zoning ordinance that classified their land as B-1 instead of the more favorable B-3 classification, seeking injunctive relief and a declaration that the ordinance was unconstitutional and discriminatory. The Florida Supreme Court reversed the lower c
• Fla. Moss Prods. Co. v. City of Leesburg
  93 Fla. 656· Fla.· 1927-03-29 ·cited 77×·via Injunction
  Florida Moss Products Company sought to enforce an alleged oral agreement that land it sold to the City of Leesburg was to be used only for park purposes, but the Florida Supreme Court held that parol evidence cannot be admitted to impose contractual obligations that conflict wit