Injunctive Relief

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

• Rockwell Int'l Corp. v. Hanford Atomic Metal Trades Council
  851 F.2d 1208· 9th Cir.· 1988-07-12 ·cited 10×
  The court held that the district court erred in applying judicial estoppel to bar a union's counterclaim to compel arbitration, as the court's inquiry should be limited to arbitrability, not the merits of the dispute.
• Easter House v. Felder
  852 F.2d 901· 7th Cir.· 1988-07-08 ·cited 10×
  The court held that a random and unauthorized intentional deprivation of property by state employees does not violate the Fourteenth Amendment if meaningful post-deprivation remedies are available in state court.
• Equal Emp. Opportunity Comm'n v. Univ. of Pa. Appeal of the Trs. of the Univ. of Pa.
  850 F.2d 969· 3d Cir.· 1988-06-23 ·cited 10×
  The Third Circuit held that the district court did not abuse its discretion by refusing to dismiss the EEOC's subpoena enforcement action in favor of the University's earlier filed constitutional challenge in another district.
• P. Sidney Neuwirth, D.D.S. v. La. State Bd. OF Dentistry
  845 F.2d 553· 5th Cir.· 1988-05-23 ·cited 10×
  The dissenting judge argues that the majority opinion unnecessarily reached the merits of the case, which should have been dismissed due to a pleading defect.
• Dunn v. The United States
  842 F.2d 1420· 3d Cir.· 1988-03-23 ·cited 10×
  The court held that the district court's determination that the plaintiffs were prevailing parties for EAJA fee award purposes was clearly erroneous.
• Lyons v. U.S. Marshals
  840 F.2d 202· 3d Cir.· 1988-02-29 ·cited 10×
  The court held that triable issues of fact exist regarding whether the plaintiff was excused from exhausting administrative remedies, precluding summary judgment.
• Coleman v. Turner
  838 F.2d 1004· 8th Cir.· 1988-02-17 ·cited 10×
  The court held that pro se litigants are not entitled to attorney fees, but remanded for consideration of costs. It also affirmed the denial of injunctive relief regarding prison disciplinary actions and access to courts.
• Soto-Lopez v. NEW York City Civil Serv. Comm'n
  840 F.2d 162· 2d Cir.· 1988-02-16 ·cited 10×
  The court held that the district court erred by failing to enter a permanent injunction as mandated by prior appellate decisions and by failing to finally adjudicate plaintiffs' claims for individual relief.
• Function Junction, Inc. v. City of Daytona Beach
  705 F. Supp. 544· M.D. Fla.· 1988-01-27 ·cited 10×
  The court held that Daytona Beach Zoning Ordinance No. 81-292 is a constitutional time, place, and manner restriction on adult theaters, serving a substantial governmental interest in combating urban blight and promoting redevelopment, and allowing for ample alternative channels
• Rinker Materials Corp. v. Metro. Dade Cnty.
  528 So. 2d 904· Fla. 3d DCA· 1987-12-22 ·cited 10×
  Rinker Materials Corporation challenged a Dade County ordinance rezoning adjacent land to low-density residential use, arguing it was arbitrary and unreasonable and would harm its mining operations through blasting. The court reversed the trial court's judgment, holding that the
• S-1 & S-2 v. C.D. Spangler, Jr.
  832 F.2d 294· 4th Cir.· 1987-11-02 ·cited 10×
  The court held that the appeal is moot due to a settlement, and therefore vacates the district court's order and remands for dismissal of the action, except for the ancillary claim for costs and attorney's fees.
• Ga. Power Co. v. Baker
  830 F.2d 163· 11th Cir.· 1987-10-19 ·cited 10×
  A hydroelectric dam licensee can prohibit seaplane operations on its reservoir if the prohibition is a reasonable exercise of its state law property rights and is consistent with its federal license obligations to allow reasonable public access.
• Reuber v. United States
  829 F.2d 133· D.C. Cir.· 1987-09-18 ·cited 10×
  The court held that retaining a reprimand letter in agency records was permissible if relevant to agency purpose, and that the letter itself did not violate the Privacy Act's prohibition on records describing First Amendment activity. The court also found that the Act does not re
• Dickson v. Off. of Pers. Mgmt.
  828 F.2d 32· D.C. Cir.· 1987-09-04 ·cited 10×
  The Office of Personnel Management (OPM) is subject to a damage action under the Privacy Act when it maintains a record violating the mandated standard of fairness, even if another agency makes the adverse determination based on that record. Appellant failed to exhaust administra
• Lysiak v. Commissioner OF Internal Revenue
  816 F.2d 311· 7th Cir.· 1987-04-06 ·cited 10×
  The court held that Gerald Lysiak's current appeal is frivolous and affirmed the district court's dismissal, while also imposing procedural restrictions on his future filings due to a pattern of abusive litigation.
• Haskins v. United States Dep't OF the Army
  808 F.2d 1192· 6th Cir.· 1987-01-08 ·cited 10×
  The court held that a district court may resolve the 'but for' causation issue in the remedial stage of a Title VII case, even if liability was previously established, provided the employer meets the burden of proof.
• Allinder v. State OF Ohio
  808 F.2d 1180· 6th Cir.· 1987-01-08 ·cited 10×
  The Fourth Amendment is not infringed by the inspection of beehives located in open fields by state apiarists in accordance with state statute, as there is no reasonable expectation of privacy in the contents of the hives.
• Collins v. Cnty. OF Kendall
  807 F.2d 95· 7th Cir.· 1986-12-03 ·cited 10×
  The court held that the plaintiffs failed to allege sufficient facts to support an inference of bad faith prosecution, thus the district court properly abstained under the Younger doctrine.
• Zalman v. Armstrong
  802 F.2d 199· 6th Cir.· 1986-09-29 ·cited 10×
  The court held that the district court should have abstained under Younger v. Harris principles because a state criminal proceeding was pending when the federal action was filed, and no extraordinary circumstances justified federal intervention. The court vacated the district cou
• Ilse Zimmerman and Irma Bildstein and Belle M. Cohen and Richard Ash v. Griffin B. Bell
  800 F.2d 386· 4th Cir.· 1986-09-08 ·cited 10×
  The court held that the district court did not abuse its discretion in denying class certification, dismissing individual claims due to lack of case or controversy, and approving the settlement of derivative actions.
• Population Inst. v. McPHERSON
  797 F.2d 1062· D.C. Cir.· 1986-08-12 ·cited 10×
  The court held that the Administrator's determination to withhold funds was reasonable, but vacated the district court's dismissal and remanded for reconsideration based on a proper interpretation of the statute.
• Richmond v. Brotherhood of Maintenance of Way Employees
  795 F.2d 1161· 4th Cir.· 1986-07-11 ·cited 10×
  Federal courts lack jurisdiction to enjoin peaceful secondary picketing in a labor dispute, even when it impacts neutral railroads, due to the anti-injunction provisions of the Norris-LaGuardia Act.
• E. Auto Distribs., Inc. v. Peugeot Motors OF Am., Inc.
  795 F.2d 329· 4th Cir.· 1986-06-25 ·cited 10×
  The court affirmed the district court's exclusion of expert testimony and JNOV on the vehicle shortages claim, but affirmed the jury's verdict on the Delaware territory breach of contract claim.
• Actmedia, Inc. v. Stroh
  830 F.2d 957· 9th Cir.· 1986-05-12 ·cited 10×
  The Eleventh Amendment bars Actmedia's claims against the ABC and its director based on state law, and the statute at issue does not violate the First Amendment's commercial speech protections.
• United States v. Outboard Marine Corp.
  789 F.2d 497· 7th Cir.· 1986-04-22 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the government's injunctive relief action without prejudice, conditioned on the government executing a covenant not to sue for injunctive relief, to allow for immediate cleanup of hazardous waste.
• Smith v. Winter
  782 F.2d 508· 5th Cir.· 1986-02-12 ·cited 10×
  The court held that the claims for injunctive and declaratory relief were moot, but the claim for damages under 42 U.S.C. § 1983 against local appellees for violating First Amendment rights was properly stated.
• Hefner v. Alexander
  779 F.2d 277· 5th Cir.· 1985-12-31 ·cited 10×
  The court affirmed the district court's dismissal, holding that federal abstention was appropriate, the antitrust claim was barred by state immunity, and pendent jurisdiction over constitutional claims was unwarranted.
• Devon-Aire Villas Homeowners Ass'n v. Americable Assocs., Ltd.
  490 So. 2d 60· Fla. 3d DCA· 1985-12-17 ·cited 10×
  The Florida Third District Court of Appeal held that cable television is not a public utility under Florida law, and therefore a cable television company cannot use utility easements on private property without the owner's consent. The court reversed summary judgment for the cabl
• Constr. Laborers Pension Tr. v. Cen-Vi-Ro Concrete Pipe & Prods. Co., Inc.
  776 F.2d 1416· 9th Cir.· 1985-11-21 ·cited 10×
  The court dismissed the appeal for lack of jurisdiction, finding the order to arbitrate was not a final order and did not meet the criteria for interlocutory appeal under 28 U.S.C. § 1292(a)(1).
• Donovan v. Est. OF Frank E. Fitzsimmons
  778 F.2d 298· 7th Cir.· 1985-11-15 ·cited 10×
  The court held that the Secretary of Labor is not barred by res judicata from pursuing his separate ERISA action, as his interests are distinct from those of the private plaintiffs.
• The UTE Indian Tribe v. The State of Utah
  773 F.2d 1087· 10th Cir.· 1985-09-17 ·cited 10×
  Congress did not disestablish the Uncompahgre Reservation or the portion of the Uintah Reservation designated as a forest reserve, as it did not clearly evince an intent to diminish these reservation boundaries.
• Cardwell v. Kurtz
  765 F.2d 776· 9th Cir.· 1985-07-08 ·cited 10×
  The court held that the district court erred in granting summary judgment on the fraud, deceit, and trickery claim because disputed facts regarding IRS agent misrepresentations required a trial, and that the government's position was not substantially justified, entitling plainti
• Friends OF Child., Inc. v. Matava
  766 F.2d 35· 1st Cir.· 1985-07-02 ·cited 10×
  A federal court may abstain from hearing a case involving state family law, and claims of arbitrary state action do not automatically trigger constitutional violations.
• Black United Fund OF NEW Jersey, Inc. v. Kean
  763 F.2d 156· 3d Cir.· 1985-05-24 ·cited 10×
  The court held that because a new statute repealed the challenged law and substantially enlarged eligibility criteria for charitable organizations, the appellate court should not affirm the district court's preliminary injunction, as the basis for the injunction no longer existed
• United States v. Parish OF ST. Bernard
  756 F.2d 1116· 5th Cir.· 1985-04-08 ·cited 10×
  A conditional grant program, like the federal flood insurance program, can create a contract between the government and the recipient entity, and recipients can be held liable for consequential damages arising from breach of contract.
• Chassis Master Corp. v. Borrego
  610 F. Supp. 473· S.D. Fla.· 1985-04-01 ·cited 10×
  The court held that the defendant's use of the name "Mister Chassis" was confusingly similar to the plaintiffs' registered trademark "CHASSIS MASTER PRECISION GUARANTEED" and common law trademark "CHASSIS MASTER," constituting trademark infringement, unfair competition, and trade
• Greenfield & Montague Transp. Area v. Donovan
  758 F.2d 22· 1st Cir.· 1985-03-29 ·cited 10×
  The court held that the district court lacked federal question jurisdiction because the dispute over the Department of Labor's role as an arbitrator under a contract was governed by state law, not federal law.
• Cotterall v. Brice Paul
  755 F.2d 777· 11th Cir.· 1985-03-19 ·cited 10×
  The court held that the denial of class certification was error because the trial court improperly dismissed the class action based on the named plaintiff's inadequacy without first considering potential intervenors.
• Shanks v. City OF Dallas
  752 F.2d 1092· 5th Cir.· 1985-02-15 ·cited 10×
  The court held that an order denying class certification, even if based on lack of standing for injunctive relief, is not immediately appealable under 28 U.S.C. § 1292(a)(1) unless it has the practical effect of denying an injunction and causes serious, irreparable harm that can
• Lake Worth Utils. Auth. v. City OF Lake Worth
  468 So. 2d 215· Fla.· 1985-02-07 ·cited 10×
  The Florida Supreme Court reversed a trial court decision that had declared the Lake Worth Utilities Authority unconstitutional, holding that the legislature retained the power under the 1968 Florida Constitution to create special utility authorities even though municipalities re
• Chiz's Motel & Rest., Inc. v. Miss. State TAX Comm'n
  750 F.2d 1305· 5th Cir.· 1985-01-21 ·cited 10×
  The Eleventh Amendment, sovereign immunity, and quasi-judicial immunity bar the plaintiff's action in federal court.
• Vandenplas v. City OF Muskego
  753 F.2d 555· 7th Cir.· 1985-01-21 ·cited 10×
  The court held that claims barred by res judicata from prior state court proceedings were properly dismissed, and that the jury verdict on excessive force was supported by the evidence.
• Ohio-Sealy Mattress Mfg. Co. v. Kaplan
  745 F.2d 441· 7th Cir.· 1984-09-21 ·cited 10×
  The court held that the accrual of future damages resulting from acquisitions and plant location denials was speculative at the time of the initial trial, thus not barred by res judicata in a subsequent suit. However, the court also found that the claim for an injunction against
• Zbigniew W. Dybczak v. Tuskegee Inst.
  737 F.2d 1524· 11th Cir.· 1984-08-01 ·cited 10×
  The court held that the district court did not err in refusing to enjoin the Institute's alleged discriminatory hiring policy, nor in its jury instructions regarding the burden of proof in an employment discrimination case.
• Blake v. Zant
  737 F.2d 925· 11th Cir.· 1984-07-13 ·cited 10×
  The court held that an order granting a writ of habeas corpus on some claims, but not all, is not a final appealable judgment under 28 U.S.C. § 1291, nor is it an interlocutory injunction under 28 U.S.C. § 1292(a)(1).
• Lucas v. Evans
  453 So. 2d 141· Fla. 1st DCA· 1984-07-13 ·cited 10×
  The court affirmed the judgment ordering certain improvements and attorney fees but reversed and remanded for an order requiring additional specified repairs.
• Schwadel v. Hy Uchitel
  455 So. 2d 401· Fla. 3d DCA· 1984-07-10 ·cited 10×
  Shareholders Mike and Peter Schwadel sought to enjoin corporate president Hy Uchitel from selling The Place for Steak, the last major asset of their restaurant holding company HJU, arguing that the sale violated statutory shareholder notice and voting rights. The appellate court
• Miller v. City OF Indian Harbour Beach
  453 So. 2d 107· Fla. 5th DCA· 1984-06-28 ·cited 10×
  The Florida District Court of Appeal upheld a trial court's declaration that Brevard County ordinances were invalid to the extent they authorized assessment of law enforcement training costs on traffic violations occurring within municipalities. The court held that the statutory
• Rubie Rogers v. Robert Okin, M.D.
  738 F.2d 1· 1st Cir.· 1984-06-14 ·cited 10×
  State law recognition of substantive and procedural rights for involuntarily committed mental patients creates a liberty interest protected under the Fourteenth Amendment, even if those state rights exceed federal constitutional minimums.
• L.Z. v. Honorable John E. Parrish
  733 F.2d 585· 8th Cir.· 1984-05-07 ·cited 10×
  The court held that a party's failure to diligently inquire about the status of a judgment after receiving a memorandum opinion clearly disposing of all claims, despite the clerk's failure to provide notice of entry, does not warrant relief from judgment under Fed.R.Civ.P. 60.