Injunctive Relief

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

• United States v. Nat'l Lead Co.
  438 F.2d 935· 8th Cir.· 1971-02-26 ·cited 12×
  The court held that the district court did not err in denying a preliminary injunction because the full impact of alleged discriminatory seniority practices was unclear on the record, and resolution of complex issues like foreman selection and hiring practices should await a full
• Majuri v. United States
  431 F.2d 469· 3d Cir.· 1970-08-17 ·cited 12×
  The court held that the district court properly dismissed the complaint because the appellants failed to allege facts sufficient to invoke traditional equitable jurisdiction and lacked the requisite jurisdictional amount for federal question jurisdiction.
• Johnson v. Tamsberg
  430 F.2d 1125· 4th Cir.· 1970-07-31 ·cited 12×
  The court held that a tenant's claim for an administrative evidentiary hearing before eviction was rendered moot by the subsequent full judicial hearing where the tenant had the opportunity to contest the factual basis for eviction.
• Teamsters Local Unions 745 v. Braswell Motor Freight Lines, Inc.
  428 F.2d 1371· 5th Cir.· 1970-06-30 ·cited 12×
• Grayson v. Kessler Montgomery
  421 F.2d 1306· 1st Cir.· 1970-02-12 ·cited 12×
  The court held that federal courts should not grant equitable relief to a state prisoner challenging his conviction or sentence when he has not exhausted available state remedies, even if the claim is brought under the Civil Rights Act.
• Hawaiian Paradise Park Corp. v. Friendly Broad. Co., Inc.
  414 F.2d 750· 9th Cir.· 1969-07-24 ·cited 12×
  The court held that the attorney had actual and apparent authority to bind the principal to the contract extension, and that the contract was ambiguous and properly construed by the trial court to allow specific performance.
• Martone v. McKEITHEN
  413 F.2d 1373· 5th Cir.· 1969-07-11 ·cited 12×
  Public officials are immune from damage suits for acts within the scope of their official duties, but the case is remanded regarding injunctive relief due to potential constitutional issues with the investigating commission.
• United States v. Jalas
  409 F.2d 358· 7th Cir.· 1969-04-10 ·cited 12×
  The Government lacks standing to bring an injunctive suit to prevent violations of section 504(a) of the Labor-Management Reporting and Disclosure Act.
• City OF Miami v. Sterbenz
  203 So. 2d 4· Fla.· 1967-10-11 ·cited 12×
  The court held that the challenged provisions of the City of Miami charter and ordinance were void for vagueness and ambiguity, violating free speech rights.
• Sarasota Cnty. Anglers Club, Inc. v. Haydon Burns
  193 So. 2d 691· Fla. 1st DCA· 1967-01-17 ·cited 12×
  Sarasota County Anglers Club and a member sued to challenge the filling of submerged lands at Longboat Key, claiming it constituted a public nuisance and infringed public rights to fish, boat, and bathe. The court affirmed dismissal of the complaint, holding that plaintiffs lacke
• United States v. Leflore Cnty.
  371 F.2d 368· 5th Cir.· 1967-01-03 ·cited 12×
  The court held that the district court's findings of no intimidation and no purpose to interfere with voting rights were not clearly erroneous, thus affirming the denial of injunctive relief.
• World Airways, Inc. v. Ne. Airlines, Inc.
  349 F.2d 1007· 1st Cir.· 1965-08-30 ·cited 12×
  The court held that a sales agency agreement between an air carrier and a travel agency violated the carrier's certificate of authority by engaging in prohibited charter trip arrangements, and that the district court had jurisdiction to enjoin such violations.
• Beneficial Fin. Co. OF Wis. v. Wirtz
  346 F.2d 340· 7th Cir.· 1965-05-25 ·cited 12×
  Employees of a nationwide small loan organization whose activities are vital to interstate operations are covered by the Fair Labor Standards Act, and injunctive relief is appropriate given past non-compliance.
• Fontainebleau Hotel Corp. v. City OF Miami Beach
  172 So. 2d 255· Fla. 3d DCA· 1965-02-23 ·cited 12×
  Fontainebleau Hotel Corporation appealed a final decree awarding injunctive relief that included an order enjoining the State Road Department and Metropolitan Dade County from relocating a taxi stand. The court held that a court of chancery lacks authority to enjoin non-parties t
• Fla. State Bd. OF Med. Exam'rs v. Charles Clarence James, Jr., M.D.
  158 So. 2d 574· Fla. 3d DCA· 1963-12-13 ·cited 12×
  The Florida State Board of Medical Examiners appealed a temporary injunction that blocked a disciplinary hearing against a licensed physician accused of procuring a criminal abortion. The court held that the physician failed to state a valid cause of action for injunctive or decl
• Calhoun v. Freeman
  316 F.2d 386· D.C. Cir.· 1963-02-21 ·cited 12×
  The court affirmed the lower court's decision, finding that the plaintiffs' claims on the merits failed to provide a basis for relief, even if standing were assumed.
• Banyan Cafeterias, Inc. v. The Faith Lutheran Church OF Hialeah
  151 So. 2d 426· Fla.· 1963-02-20 ·cited 12×
  The Florida Supreme Court held that Faith Lutheran Church had sufficient standing to challenge the issuance of a liquor license to Banyan Cafeterias located within 1500 feet of the church, resolving a conflict among district courts regarding whether declaratory relief and injunct
• B. C. Morton Int'l Corp. v. Fed. Deposit Ins. Corp.
  305 F.2d 692· 1st Cir.· 1962-07-03 ·cited 12×
  A federal agency's press release deliberately misrepresenting federal law to destroy a business can be challenged through declaratory and injunctive relief, and official immunity for damage suits does not bar such actions.
• Rental Dev. Corp. OF Am. v. Lavery
  304 F.2d 839· 9th Cir.· 1962-06-26 ·cited 12×
  The court held that cancellation of the lease was a permissible equitable remedy under the circumstances, and that there was sufficient evidence to support the jury's award of damages for breach of the lease.
• Rogers v. Am. CAN Co.
  305 F.2d 297· 3d Cir.· 1962-06-15 ·cited 12×
  The court held that the plaintiff had standing to maintain the derivative action because the allegations of director misconduct and dual loyalties, coupled with the futility of seeking internal remedies, distinguished the case from precedents requiring stockholder approval.
• Banyan Cafeterias, Inc. v. The Faith Lutheran Church OF Hialeah
  141 So. 2d 5· Fla. 3d DCA· 1962-05-15 ·cited 12×
  Banyan Cafeterias appealed an order denying its motion for summary decree in a declaratory judgment action where a church and liquor store owner sought to clarify their rights under a city ordinance prohibiting alcohol sales within 1,500 feet of churches. The appellate court affi
• Gen. Elec. Co. v. Callahan
  294 F.2d 60· 5th Cir.· 1961-08-24 ·cited 12×
  A federal court may enjoin a state board from acting in a labor dispute when federal law has preempted the field, as state action would conflict with federal policy encouraging voluntary collective bargaining.
• Wood v. Babcock Co.
  132 So. 2d 16· Fla. 3d DCA· 1961-07-31 ·cited 12×
  The Florida District Court of Appeal reversed an injunction against unions picketing model homes, holding that peaceful picketing aimed at union organizing is preempted by federal labor law when the employer's business affects interstate commerce, even if the picketing's ultimate
• Mitchell v. JAX Beer Distribs. OF Beaumont, Inc.
  290 F.2d 24· 5th Cir.· 1961-05-02 ·cited 12×
  The dissenting judge believes the majority opinion improperly substituted its discretion for that of the district judge.
• Sinclair Ref. Co. v. Atkinson
  290 F.2d 312· 7th Cir.· 1961-04-25 ·cited 12×
  The court held that Section 301 of the LMRA does not preclude suits against individual employees for inducing or participating in a strike violating a no-strike clause, and that the Norris-LaGuardia Act bars injunctive relief for such strikes absent a specific statutory mandate.
• Schoenith v. City OF S. Miami
  121 So. 2d 810· Fla. 3d DCA· 1960-07-21 ·cited 12×
  Property owners appealed a trial court's decision that rezoned their property from single-family to duplex use after invalidating the original single-family zoning ordinance. The appellate court held that courts lack authority to rezone property and must instead direct zoning aut
• George v. Mitchell
  282 F.2d 486· D.C. Cir.· 1960-06-23 ·cited 12×
  The court held that the Fulbright Amendment grants standing to 'interested persons' to seek judicial review of Walsh-Healey Act determinations, and that multiple bids submitted by a single dealer in response to one invitation can be aggregated into a single contract for the purpo
• Tamiami Trail Tours, Inc. v. City OF Orlando
  120 So. 2d 170· Fla.· 1960-04-13 ·cited 12×
  The Florida Supreme Court invalidated an Orlando ordinance requiring interstate motor carriers to pay a permit fee for using city freight zones, holding that despite being labeled a regulatory fee, it was an excise tax prohibited by state law that exempts certified carriers from
• Proctor v. Sagamore BIG Game Club
  265 F.2d 196· 3d Cir.· 1959-03-24 ·cited 12×
  The court held that the plaintiffs' claims were barred by the statute of limitations and that the tax sale validly divested the original owner's title, even if a constructive trust might have arisen.
• Chicago & N. W. Ry. Co. v. Order OF Railroad Telegraphers
  264 F.2d 254· 7th Cir.· 1959-03-13 ·cited 12×
  A union's demand for veto power over the abolition of positions is not a mandatory bargaining subject under the Railway Labor Act, and therefore, the Norris-LaGuardia Act does not prohibit an injunction against a strike to enforce such a demand.
• Klor's, Inc. v. Broadway-Hale Stores, Inc.
  255 F.2d 214· 9th Cir.· 1958-03-28 ·cited 12×
  The court held that a private plaintiff suing under the Clayton Act for antitrust damages must allege and prove a "public injury" resulting from the alleged Sherman Act violation, not just injury to themselves.
• Ocon v. Del Guercio
  237 F.2d 177· 9th Cir.· 1956-09-26 ·cited 12×
  The court held that the Special Inquiry Officer's appointment was valid, the 1952 Immigration and Nationality Act is constitutional, there was substantial evidence of the appellant's Communist Party membership, and an inference from the appellant's silence at hearings was permiss
• United States v. Wilson
  235 F.2d 251· 2d Cir.· 1956-08-03 ·cited 12×
  The court held that the 1899 Rivers and Harbors Act does not provide grounds for compelling the owner of a sunken barge to remove it, nor does it allow saddling removal costs upon the owner.
• Denton v. City of Carrollton
  235 F.2d 481· 5th Cir.· 1956-07-20 ·cited 12×
  The district court erred in declining jurisdiction; the exorbitant and punitive nature of the ordinance, coupled with uncertainty of tax recovery and risk of criminal penalties, warrants equitable relief.
• Meier & Pohlmann Furniture Co. v. Gibbons
  233 F.2d 296· 8th Cir.· 1956-04-26 ·cited 12×
  The court held that the defendant carriers were excused from providing pick-up and delivery service under the impracticable operation tariff due to violence and danger on the picket line, and that the plaintiff failed to prove a conspiracy or unlawful boycott.
• Mario Mercado E Hijos (Central Rufina) v. Ezra Taft Benson
  231 F.2d 251· D.C. Cir.· 1956-03-22 ·cited 12×
  The court held that the Sugar Act precludes judicial review of the Secretary of Agriculture's determination regarding payments to producer-processors.
• Cent. OF Ga. Ry. Co. & Bhd. of R.R. Trainmen v. Odell Jones
  229 F.2d 648· 5th Cir.· 1956-01-31 ·cited 12×
  The court held that the district court was correct in granting injunctive relief and limiting damages to one year prior to suit, affirming the decision.
• Indep. Nail & Packing Co., Inc. v. Stronghold Screw Prods., Inc.
  215 F.2d 434· 7th Cir.· 1954-07-13 ·cited 12×
  The court held that the plaintiff waived its claim for attorney's fees by failing to raise it in the trial court or on the prior appeal.
• Mitchell v. Chambers Const. Co.
  214 F.2d 515· 10th Cir.· 1954-07-08 ·cited 12×
  The court held that even if a project falls under the Fair Labor Standards Act, an injunction for past violations is not automatically required if there is no likelihood of future violations.
• Joint Anti-Fascist Refugee Comm. v. Clark
  177 F.2d 79· D.C. Cir.· 1949-08-11 ·cited 12×
  The court held that the complaint did not present a justiciable controversy, as the Attorney General's designation and the Executive Order imposed no direct legal obligations or restraints on the Committee, and thus dismissal was proper.
• Smith v. Duldner
  175 F.2d 629· 6th Cir.· 1949-07-05 ·cited 12×
  A party must exhaust available administrative remedies before seeking injunctive relief, even if challenging the constitutionality of the underlying regulations.
• Fitzgerald v. Douds
  167 F.2d 714· 2d Cir.· 1948-04-29 ·cited 12×
  The court held that the district court correctly denied an injunction and dismissed the complaint because the suit was premature and failed to demonstrate irreparable injury.
• Warner Holding Co. v. Creedon
  166 F.2d 119· 8th Cir.· 1948-02-17 ·cited 12×
  The court affirmed the district court's order of restitution, finding no abuse of discretion in its terms or limitations, and denied a motion to dismiss the appeal.
• Brotherhood of Locomotive Firemen and Enginemen v. Tunstall
  163 F.2d 289· 4th Cir.· 1947-08-20 ·cited 12×
  A labor union acting as a statutory bargaining representative may not engage in racial discrimination against members of the craft it represents, even if the discrimination is masked as a policy based on 'promotability'.
• Hygrade Food Prods. Corp. v. United States
  160 F.2d 816· 8th Cir.· 1947-04-09 ·cited 12×
  The court held that an injunction prohibiting the shipment of all products from a plant, regardless of adulteration, is too broad and should be modified to only enjoin the shipment of adulterated products.
• Fleming v. Chicago Cartage Co.
  160 F.2d 992· 7th Cir.· 1947-03-27 ·cited 12×
  A motor carrier providing transportation services to railroads, which are themselves common carriers, is considered a common carrier for the public generally, and thus exempt from price regulations under the Emergency Price Control Act.
• Bowles v. Simon
  145 F.2d 334· 7th Cir.· 1944-11-09 ·cited 12×
  The court held that the District Court abused its discretion by denying an injunction, as the landlord's actions and the court's misapplication of rent regulations warranted injunctive relief.
• Jarvis v. Shackelton Inhaler Co.
  136 F.2d 116· 6th Cir.· 1943-06-01 ·cited 12×
  The court held that the Postmaster General's fraud order was not supported by substantial evidence and was void, and that the district court correctly granted injunctive relief.
• Matcovich v. Nickell
  134 F.2d 837· 9th Cir.· 1943-03-30 ·cited 12×
  The court held that the statutory prohibition against suits to restrain tax collection applied, and the appellant failed to demonstrate an extraordinary case warranting an exception.
• Curtis v. O'Leary
  131 F.2d 240· 8th Cir.· 1942-11-12 ·cited 12×
  The court held that the reorganization plan clearly called for a sale of stock, and the appellants were bound by the court's final decrees approving the plan and its execution, precluding claims based on alleged oral agreements or fraud not disclosed at the time.