Injunctive Relief

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

• Medtronic, Inc. v. Janss
  729 F.2d 1395· 11th Cir.· 1984-04-16 ·cited 10×
  The court affirmed the district court's finding that Janss violated the non-competition agreement and dismissed the appeal concerning post-injunction activity as moot.
• Dixie Myra Clay v. Tex. Women's Univ.
  728 F.2d 714· 5th Cir.· 1984-03-30 ·cited 10×
  The Eleventh Amendment bars suits against state agencies for both monetary and injunctive relief, even when seeking prospective relief, unless the state waives immunity or Congress abrogates it.
• Maynard v. Al Havenstrite
  727 F.2d 439· 5th Cir.· 1984-03-19 ·cited 10×
  The court held that while probation officers may not be immune from equitable relief, the plaintiff's claims were properly dismissed because he failed to exhaust administrative remedies.
• Metro. Dade Cnty. v. The Golden Nugget Grp.
  448 So. 2d 515· Fla. 3d DCA· 1984-02-28 ·cited 10×
  The Florida District Court of Appeal upheld the constitutionality of a 1983 state law authorizing Dade County to levy a 3% convention development tax on short-term hotel and motel rentals, but struck down the county ordinance's collection provision as conflicting with state tax a
• Holly Sugar Corp. v. Goshen Cnty. Coop. Beet Growers Ass'n
  725 F.2d 564· 10th Cir.· 1984-01-16 ·cited 10×
  The court held that the trial court's findings were inadequate for review on dispositive issues and that the case should be remanded for further proceedings.
• A.E. & R.R. v. Mitchell
  724 F.2d 864· 10th Cir.· 1983-12-28 ·cited 10×
  The court held that the district court did not abuse its discretion in denying plaintiffs' motion to amend their complaint for a fourth time, as it would have introduced new claims and parties after significant delay.
• Interpace Corp. v. Lapp, Inc.
  721 F.2d 460· 3d Cir.· 1983-11-18 ·cited 10×
  The court held that the district court erred in its interpretation of Scott Paper, and that likelihood of confusion, not requiring plaintiff to enter defendant's market, is sufficient for injunctive relief in non-competing goods cases.
• Wermager v. Cormorant Twp. Bd.
  716 F.2d 1211· 8th Cir.· 1983-09-23 ·cited 10×
  The court held that the Wermagers did not possess a vested right to develop their land into smaller lots, and the zoning ordinance was validly applied.
• Perlowin v. Sassi
  711 F.2d 910· 9th Cir.· 1983-07-29 ·cited 10×
  The court held that while the termination assessment was invalid due to the IRS's failure to issue a timely notice of deficiency, injunctive relief was not automatically granted and required a showing of irreparable harm and lack of adequate legal remedy.
• COIL-A.C.C., Inc. v. Nat'l Labor Relations Bd.
  712 F.2d 1074· 6th Cir.· 1983-07-25 ·cited 10×
  The court enforced the NLRB's order, finding the employer committed unfair labor practices and that the broad injunctive relief and bargaining order were justified.
• Lower Brule Sioux Tribe v. State OF S.D.
  711 F.2d 809· 8th Cir.· 1983-06-27 ·cited 10×
  The court held that neither the Big Bend Act nor the Fort Randall Act disestablished the boundaries of the Lower Brule Reservation, and therefore the Tribe retains jurisdiction over hunting and fishing on the taken lands absent federal regulation.
• Educ. Servs., Inc. v. Md. State Bd. FOR Higher Educ.
  710 F.2d 170· 4th Cir.· 1983-06-23 ·cited 10×
  The court held that the district court erred in abstaining from hearing the case, as neither Burford nor Pullman abstention doctrines applied. The court affirmed the denial of the default judgment motion.
• Commonwealth OF Pa. v. Gen. Pub. Utils. Corp.
  710 F.2d 117· 3d Cir.· 1983-06-23 ·cited 10×
  The court held that claims for reduced tax revenue and nuisance were properly dismissed, but other damage claims require further factual development and are remanded.
• Seneca OIL Co. v. Dep't OF Energy & Donald P. Hodel
  712 F.2d 1384· Temp. Emer. Ct. App.· 1983-05-18 ·cited 10×
  The court held that the Department of Energy's interpretative Ruling 1980-3, which concluded that the term "produced" in the newly discovered crude oil ceiling price rule did not mean "produced in commercial quantities," was valid.
• Calvin Coolidge Green and wife v. Francis
  705 F.2d 846· 6th Cir.· 1983-04-22 ·cited 10×
  The court held that there was sufficient evidence to support the jury's verdict and that the damages awarded were not excessive, affirming the district court's decision except for a modification of attorney fees.
• Asher Melzer v. Jacob Agay H. & Sanina, N.V.
  426 So. 2d 1049· Fla. 3d DCA· 1983-01-25 ·cited 10×
  The court held that the plaintiff was not entitled to specific performance or injunctive relief, and the defendants failed to establish actionable fraud or consequential damages for breach of contract.
• Louisiana-Pacific Corp. v. Block
  694 F.2d 1205· 9th Cir.· 1982-12-21 ·cited 10×
  The court held that the Forest Service's October memorandum was an interpretative rule, not subject to formal APA rulemaking procedures, and that the Forest Service did not abuse its discretion in applying the small business set-aside program in Mendocino.
• Scientex Corp. v. KAY
  689 F.2d 879· 9th Cir.· 1982-10-07 ·cited 10×
  A private right of action for injunctive relief is not properly implied under Section 16(a) of the Securities Exchange Act of 1934.
• Women's Cmty. Health Ctr. OF Beaumont, Inc. v. Tex. Health Facilities Comm'n
  685 F.2d 974· 5th Cir.· 1982-09-15 ·cited 10×
  The Younger doctrine bars federal court interference with pending state judicial proceedings when important state interests are involved and there is an adequate opportunity to raise constitutional challenges.
• State OF Conn. v. Schweiker
  684 F.2d 979· D.C. Cir.· 1982-07-27 ·cited 10×
  The court held that section 306 of Public Law No. 96-272 controls the time limits for filing reimbursement claims, and the 1981 appropriations laws did not prohibit payment of claims filed in accordance with section 306.
• The Offs. OF Lakeside Non-Ferrous Metals, Inc. v. United States
  679 F.2d 778· 9th Cir.· 1982-06-14 ·cited 10×
  The court held that the summary judgment for the Government was proper, and the denial of the motion to unseal the affidavit or return property was appealable, but the case should be remanded for the trial court to ensure the Government's investigation proceeds diligently.
• Brewster v. Dukakis
  675 F.2d 1· 1st Cir.· 1982-03-24 ·cited 10×
  The court held that while the district court could order appellants to make best efforts to secure funding for consent decree programs, it could not require them to go beyond what their good faith professional best efforts could reasonably accomplish.
• Rockford Drop Forge Co. v. Donovan
  672 F.2d 626· 7th Cir.· 1982-03-12 ·cited 10×
  The court held that the ex parte OSHA inspection warrant was validly issued and reversed the district court's decision to quash it.
• Dalton v. Emp. Sec. Comm'n OF N.C.
  671 F.2d 835· 4th Cir.· 1982-02-25 ·cited 10×
  The court held that the plaintiff's dismissal as a named plaintiff in the Title VII action was proper due to failure to file with the EEOC, and any error in dismissing his § 1981 claim was harmless due to a comprehensive Consent Decree.
• Odie v. Evans
  657 F.2d 661· 5th Cir.· 1981-09-15 ·cited 10×
  The court held that the plaintiffs raised valid federal civil rights claims, and the district court erred in dismissing the case for lack of subject matter jurisdiction based on a factual attack.
• The Wahkiakum Band OF Chinook Indians v. Mrs. Allen Bateman
  655 F.2d 176· 9th Cir.· 1981-08-31 ·cited 10×
  The court held that the Wahkiakum Band of Chinook Indians does not possess treaty-protected fishing rights in the Columbia River under the Treaty of Olympia, nor do they hold unextinguished aboriginal fishing rights, as such rights were extinguished by Congress.
• Weaver v. Wilcox
  650 F.2d 22· 3d Cir.· 1981-05-29 ·cited 10×
  The court held that a pro se prisoner's complaint alleging constitutional violations at a state facility, if properly construed as a claim under 42 U.S.C. § 1983, is not subject to the exhaustion of state remedies doctrine.
• Trujillo v. The State OF Colo.
  649 F.2d 823· 10th Cir.· 1981-05-28 ·cited 10×
  Accepting benefits from a conciliation agreement may waive the right to sue on all claims, but this waiver is only effective if the acceptance was voluntary and knowing.
• United States v. City OF Painesville
  644 F.2d 1186· 6th Cir.· 1981-03-26 ·cited 10×
  The court held that the boiler was a 'new source' under the Clean Air Act and that an evidentiary hearing was not required before issuing an injunction for violations.
• Tenney v. State
  395 So. 2d 1244· Fla. 2d DCA· 1981-03-25 ·cited 10×
  Richard Tenney, a city commissioner, challenged the constitutionality of Fla. Stat. § 112.313(6) (prohibiting corrupt misuse of public office), and the Commission on Ethics appealed a ruling that struck its probable cause finding as procedurally deficient. The court upheld the st
• Shelvia Williams v. The City OF Fairburn
  640 F.2d 635· 5th Cir.· 1981-03-23 ·cited 10×
  A plaintiff need not prevail on the merits at trial to be considered a 'prevailing party' for attorney's fees under 42 U.S.C. § 1988 if their lawsuit was a significant factor in achieving the relief sought.
• Defenders OF Wildlife, Inc. v. Endangered Species Sci. Auth.
  659 F.2d 168· D.C. Cir.· 1981-02-03 ·cited 10×
  The court held that parts of the government regulation governing bobcat pelt exports are invalid because the Scientific Authority's guidelines lacked adequate scientific data to determine "no detriment" to the species' survival. The court also reversed the dismissal of certain cl
• Equal Emp. Opportunity Comm'n v. The Monarch Mach. Tool Co.
  737 F.2d 1444· 6th Cir.· 1980-11-14 ·cited 10×
  The court held that the trial court erred in several respects, including the use of evidence without rebuttal, the calculation of backpay, and the premature termination of backpay awards, necessitating a remand for a new trial.
• Commonwealth OF Va. ex rel. v. Califano
  631 F.2d 324· 4th Cir.· 1980-10-02 ·cited 10×
  The court held that the case was not moot because the agency's voluntary cessation of allegedly illegal conduct did not provide assurance that the wrong would not be repeated, and the agency's interpretation of its own regulation was plainly erroneous.
• Ronni Alexander v. Yale Univ.
  631 F.2d 178· 2d Cir.· 1980-09-22 ·cited 10×
  The court held that four of the five plaintiffs lacked standing or their claims were moot, and the fifth plaintiff failed to prove her claim of sexual harassment, thus affirming the dismissal of all claims.
• MOW SUN Wong v. Campbell
  626 F.2d 739· 9th Cir.· 1980-09-02 ·cited 10×
  The court held that the President had the statutory authority to issue Executive Order No. 11935, barring aliens from most federal competitive civil service positions, and that the order did not violate the Fifth Amendment's due process clause.
• Davis v. The United States Dep't OF Hous. & Urban Dev.
  627 F.2d 942· 9th Cir.· 1980-08-25 ·cited 10×
  The court held that the complaint stated grounds for relief against HUD and Pomona officials, reversing the dismissal of claims against them and remanding for further proceedings.
• Hitt v. N. Broward Hosp. Dist.
  387 So. 2d 482· Fla. 4th DCA· 1980-08-20 ·cited 10×
  Joyce Hitt, a registered nurse who provided private duty nursing services at a public hospital for 31 years as an independent contractor, appeals the dismissal of her complaint after the hospital revoked her privileges allegedly in retaliation for posting union-related fliers. Th
• Bank OF Heflin v. Miles
  621 F.2d 108· 5th Cir.· 1980-07-07 ·cited 10×
  The court held that the district court properly granted injunctive relief to protect its prior judgment but erred in declaring the state statute unconstitutional, as federal courts are bound by state court interpretations of state law.
• Williams v. Spencer
  622 F.2d 1200· 4th Cir.· 1980-06-12 ·cited 10×
  The court held that the school's regulation prohibiting the distribution of publications that encourage actions endangering student health or safety was not unconstitutionally vague, and the appeals procedure was adequate.
• Septum, Inc. v. Keller
  614 F.2d 456· 5th Cir.· 1980-03-24 ·cited 10×
  The court held that by cooperating with the prosecuting attorney, the defendant brought itself within the Younger abstention window, allowing for federal court intervention.
• Reprod. Health Servs. v. Freeman
  614 F.2d 585· 8th Cir.· 1980-01-09 ·cited 10×
  The court affirmed the award of attorney's fees but reversed the trial court's ruling on the merits of the abortion funding claim.
• Equal Emp. Opportunity Comm'n v. Gilbarco, Inc.
  615 F.2d 985· 4th Cir.· 1980-01-09 ·cited 10×
  An age discrimination suit brought by the Secretary of Labor under § 17 of the Fair Labor Standards Act is effectively commenced for statute of limitations purposes upon the filing of the complaint, even if the aggrieved individuals are not named.
• Shell OIL Co. v. Noel
  608 F.2d 208· 1st Cir.· 1979-12-26 ·cited 10×
  The court held that there was no 'case or controversy' under Article III of the Constitution because the plaintiff failed to allege any threat of enforcement action by the defendant state officials.
• Berdick v. The United States
  612 F.2d 533· Ct. Cl.· 1979-12-12 ·cited 10×
  The court held that it lacked jurisdiction over claims sounding in tort, seeking equitable relief, or against private parties, but granted summary judgment on the government's False Claims Act counterclaim, finding that the plaintiff's prior criminal conviction for making false s
• Chicago Transit Auth. v. Brock Adams
  607 F.2d 1284· 7th Cir.· 1979-11-29 ·cited 10×
  A grantee of federal funds for mass transportation cannot use those federally-funded buses for school bus operations, even if grandfathered, as such use is not reasonably related to the statutory purpose of promoting mass transit.
• League OF Mercy Ass'n, Inc. v. Thatcher Walt
  376 So. 2d 892· Fla. 1st DCA· 1979-11-02 ·cited 10×
  The League of Mercy Association challenged Jacksonville's charitable solicitation ordinance (Chapter 404) as unconstitutional for allegedly granting arbitrary discretion to the Consumer Affairs Officer without adequate guidelines. The Florida appellate court upheld the ordinance,
• Econ. Lab., Inc. v. Donnolo
  612 F.2d 405· 9th Cir.· 1979-11-02 ·cited 10×
  The court held that injunctive relief for breach of a restrictive covenant cannot be granted after the covenant's stated term has expired, and that the jury's general verdict on damages cannot be re-examined for inadequacy absent a specific finding of error.
• Marchezak v. Myron R. McKINLEY
  607 F.2d 37· 3d Cir.· 1979-10-03 ·cited 10×
  The court held that the Secretary of Agriculture had the authority under the Agricultural Marketing Agreement Act of 1937 to issue regulations altering the time and method of payment to producers, as these provisions were incidental to and necessary for effectuating the Act's pur
• Colo. Coal Furnace Distribs., Inc. v. Prill Mfg. Co.
  605 F.2d 499· 10th Cir.· 1979-08-07 ·cited 10×
  The court affirmed the jury's award of monetary damages for breach of contract but remanded the equitable claims for findings of fact and conclusions of law.