Injunctive Relief

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

• Marshall v. Airpax Elecs., Inc.
  595 F.2d 1043· 5th Cir.· 1979-05-23 ·cited 10×
  The court held that a plaintiff must show a job vacancy existed at the time of application to establish a prima facie case of age discrimination under the ADEA.
• U Shop Rite, Inc. v. Richard's Paint MFG. Co., Inc.
  369 So. 2d 1033· Fla. 4th DCA· 1979-04-25 ·cited 10×
  U Shop Rite appealed from a judgment awarding an injunction and damages for breach of a non-compete agreement. The Fourth District Court of Appeal reversed, finding the injunction perpetual and therefore unenforceable, the punitive damages improper in a contract case, and the com
• Pittman v. Hutto
  594 F.2d 407· 4th Cir.· 1979-03-22 ·cited 10×
  Prison officials may censor inmate publications if they reasonably believe the content poses a risk to prison order, security, or rehabilitation, and the censorship is narrowly tailored to serve those interests.
• The Tribune Co. v. Sch. Bd. OF Hillsborough Cnty.
  367 So. 2d 627· Fla.· 1979-02-01 ·cited 10×
  The Florida Supreme Court upheld a special statute allowing teacher disciplinary hearings in Hillsborough County to be conducted privately at the teacher's option, rejecting the Tribune Company's challenge that the statute unconstitutionally delegated legislative authority and vi
• Smallwood v. Mo. Bd. of Prob. & Parole
  587 F.2d 369· 8th Cir.· 1978-11-03 ·cited 10×
  The court held that claims seeking release or sentence reduction must be brought as habeas corpus petitions, requiring exhaustion of state remedies, and cannot be brought under 42 U.S.C. § 1983.
• Dep't OF Revenue v. Honorable James E. Joanos
  364 So. 2d 24· Fla. 1st DCA· 1978-10-16 ·cited 10×
  The circuit court has jurisdiction to hear the respondent's challenge to the sales tax assessment, as the relevant statute was not repealed by implication and the policy of exhaustion of administrative remedies does not divest jurisdiction.
• United States v. Major OIL Corp.
  583 F.2d 1152· 10th Cir.· 1978-09-15 ·cited 10×
  The court held that the district court had jurisdiction to order the IRS tax refund deposited into the registry as part of the interpleader fund, and that the refund was properly considered part of the interpleader res.
• Freiman v. Ashcroft
  584 F.2d 247· 8th Cir.· 1978-09-13 ·cited 10×
  The court held that a physician has standing to challenge a statute requiring him to inform patients of another statute's provisions, but lacks standing to challenge the latter statute itself. The court reversed the lower court's finding that the informed consent statute was cons
• Lister v. Lucey
  575 F.2d 1325· 7th Cir.· 1978-05-04 ·cited 10×
  The court held that abstention was no longer appropriate and the district court should hear the merits of the damage claims, as the plaintiffs' pursuit of state non-judicial remedies was unduly burdensome and inconsistent with federal policy.
• Kelsey v. Fitzgerald
  574 F.2d 443· 8th Cir.· 1978-04-20 ·cited 10×
  A state judge is immune from damages liability under 42 U.S.C. § 1983 for actions taken in his judicial capacity, and a claim for injunctive relief based on the denial of post-conviction relief fails if the state law does not guarantee unlimited such relief.
• Cora Griffin v. Harris
  571 F.2d 767· 3d Cir.· 1978-02-13 ·cited 10×
  The court held that HUD's practice of limiting rent supplements to 60% for some tenants, despite regulations allowing up to 70% and based on tenant income, is unlawful and arbitrary.
• Int'l Woodworkers OF Am., AFL-CIO v. Georgia-Pacific Corp.
  568 F.2d 64· 8th Cir.· 1977-12-16 ·cited 10×
• Allstate Ins. Co. v. Korschun
  350 So. 2d 1081· Fla. 3d DCA· 1977-09-13 ·cited 10×
  Allstate Insurance appealed a judgment allowing its insured, Korschun, to proceed to arbitration on an uninsured motorist claim despite failing to report a hit-and-run accident to police within 24 hours as required by the policy. The court reversed, holding that Korschun failed t
• L'Enfant Plaza Props., Inc. v. Dist. OF Columbia Redev. Land Agency
  564 F.2d 515· D.C. Cir.· 1977-08-10 ·cited 10×
  The court held that the district court erred in granting summary judgment because material issues of fact remained regarding the agency's early interpretation of the consent requirement for plan modifications.
• Johnson v. Ryder Truck Lines, Inc.
  555 F.2d 1181· 4th Cir.· 1977-04-01 ·cited 10×
  The court held that the district court's findings of fact were supported by substantial evidence and not clearly erroneous, affirming the back pay awards and the exoneration of the unions.
• Zanathy v. Beach Harbor Club Ass'n, Inc.
  343 So. 2d 625· Fla. 2d DCA· 1977-01-21 ·cited 10×
  In this condominium lien foreclosure case, the Florida Second District Court of Appeal reversed in part and affirmed in part a trial court judgment awarding the Beach Harbor Club Association assessments and a lien on two condominium units owned by the Zanathys. The court found er
• Wells v. Bd. OF Regents OF the Murray State Univ.
  545 F.2d 15· 6th Cir.· 1976-11-29 ·cited 10×
  The court held that former faculty members who did not acquire tenure under university policy or state law were not denied due process when their contracts were not renewed without a hearing or statement of reasons.
• Arthur v. Ewald P. Nyquist
  547 F.2d 7· 2d Cir.· 1976-11-08 ·cited 10×
  The court held that the district court's order enjoining future violations and directing submission of a desegregation plan is an appealable order under 28 U.S.C. § 1292(a)(1).
• Richardson v. McFADDEN
  540 F.2d 744· 4th Cir.· 1976-08-30 ·cited 10×
  The court held that the South Carolina Bar Examination's job-relatedness is to be assessed under the Fourteenth Amendment's Equal Protection Clause, and that while the exam generally meets this standard, the grading and application of standards for two individual applicants, Spai
• United States v. Pelzer Realty Co., Inc.
  537 F.2d 841· 5th Cir.· 1976-08-27 ·cited 10×
  The court affirmed the district court's grant of a permanent prohibitory injunction against discriminatory housing sales, finding it sufficient to ensure future compliance.
• Duval Cnty. Sch. Bd. v. Armstrong
  336 So. 2d 1219· Fla. 1st DCA· 1976-08-19 ·cited 10×
  The court held that a trial court erred in enjoining administrative discharge proceedings and granting declaratory relief before the administrative agency had acted.
• White v. Boyle
  538 F.2d 1077· 4th Cir.· 1976-08-10 ·cited 10×
  The court held that the plaintiff failed to present specific facts demonstrating a genuine issue of material fact regarding the IRS agents' actions and motivations, and that the agents were protected by official immunity.
• Wilson v. Zarhadnick
  534 F.2d 55· 5th Cir.· 1976-06-28 ·cited 10×
  A district court cannot grant class action injunctive relief on an individual complaint when class relief is not sought and no basis for it is established. A non-indigent inmate is not constitutionally entitled to state-provided legal research materials.
• In re Multidistrict Vehicle AIR Pollution. State OF Wash. v. Auto. Mfrs. Ass'n
  538 F.2d 231· 9th Cir.· 1976-06-15 ·cited 10×
  Equitable remedies sought under Section 16 of the Clayton Act are unavailable if they do not serve the purposes of the antitrust laws, such as ending ongoing violations or correcting harm to the competitive system.
• Shaw v. Dolph Briscoe
  526 F.2d 675· 5th Cir.· 1976-02-02 ·cited 10×
  A prisoner's § 1983 action challenging conditions of confinement is not barred by the habeas corpus requirement, even if it includes a prayer for relief that might indirectly affect release.
• Nat'l Ornament & Elec. Light Christmas Ass'n, Inc. v. Consumer Prod. Safety Comm'n
  526 F.2d 1368· 2d Cir.· 1975-12-10 ·cited 10×
  The court held that the Consumer Product Safety Commission's 'Consumer Deputy Program' was a lawful informational initiative, not a rule-making procedure requiring adherence to specific statutory formalities.
• Miller v. Beda Bauer
  517 F.2d 27· 7th Cir.· 1975-06-02 ·cited 10×
  The court held that the federal Tax Injunction Act barred the suit because Indiana provided a plain, speedy, and efficient remedy, and the plaintiffs were not instrumentalities of the federal government immune from state taxation.
• Shaffer v. Wilson
  523 F.2d 175· 10th Cir.· 1975-05-23 ·cited 10×
  The court held that the seizure of business records pursuant to a valid search warrant did not violate the Shaffers' Fifth Amendment privilege against self-incrimination or their Fourth Amendment rights.
• Cicchetti v. Lucey
  514 F.2d 362· 1st Cir.· 1975-04-16 ·cited 10×
  An individual plaintiff cannot convert a mooted action into a class action by amending the complaint after the individual claim has become moot.
• Anonymous J. and Anonymous R. v. The BAR Ass'n OF Erie Cnty. & John B. Walsh
  515 F.2d 435· 2d Cir.· 1975-04-03 ·cited 10×
  The court held that a federal civil rights action under 42 U.S.C. § 1983 is not exempt from the Younger abstention doctrine.
• Bartholomew Mandel v. Nouse
  509 F.2d 1031· 6th Cir.· 1975-02-10 ·cited 10×
  Government officials acting within the scope of their official duties are immune from civil defamation suits, and injunctive relief against the government is barred by sovereign immunity.
• Kama Rippa Music, Inc. v. Ms. Melanie Schekeryk
  510 F.2d 837· 2d Cir.· 1975-02-10 ·cited 10×
  The court held that Kama Rippa's failure to pay royalties on time was not excused by impossibility due to a self-procured attachment, and its equitable defenses against forfeiture were without merit.
• Poindexter v. Woodson
  510 F.2d 464· 10th Cir.· 1975-02-04 ·cited 10×
  The court held that prison officials were entitled to qualified immunity for their actions, and the trial court correctly denied injunctive relief and damages.
• Patterson v. Ellis C. MacDOUGALL
  506 F.2d 1· 5th Cir.· 1975-01-08 ·cited 10×
  The court held that the district court erred in dismissing the pro se complaint sua sponte, as it stated a claim for relief under 42 U.S.C. § 1983 and that dismissal for failure to join an indispensable party under Rule 19(b) was improper.
• Donnie R. McCORMICK v. Ross
  506 F.2d 1205· 8th Cir.· 1974-11-25 ·cited 10×
  The court held that the plaintiff's conclusory allegations of information alteration were insufficient to create a genuine issue of fact, thus affirming the grant of summary judgment.
• Hollywood Jaycees & Hollywood Hills Private Sch. v. State
  306 So. 2d 109· Fla.· 1974-11-20 ·cited 10×
  The Florida Supreme Court held that the Department of Revenue violated due process when it invalidated a tax exemption granted by the Broward County Board of Tax Adjustment without providing notice, hearing, or written findings to the taxpayers. The Court found the statute facial
• Wright v. Delbert C. Jackson
  505 F.2d 1229· 4th Cir.· 1974-11-08 ·cited 10×
  The court held that the District Court of Virginia should decline jurisdiction and transfer the case to the District Court of the District of Columbia due to forum non conveniens principles.
• Rosenthal v. Bd. OF Educ. OF Cent. High Sch. Dist. NO. 3 OF the Town OF Hempstead
  497 F.2d 726· 2d Cir.· 1974-05-20 ·cited 10×
  The court held that the plaintiff's complaint alleged a substantial constitutional claim regarding the method of selecting members for the Central High School District Board, requiring a three-judge court.
• Bosely v. City OF Euclid
  496 F.2d 193· 6th Cir.· 1974-05-03 ·cited 10×
  The court held that the tenants were not denied due process and that the district court correctly granted summary judgment for the City.
• Frazier v. The Curators OF the Univ. OF Mo.
  495 F.2d 1149· 8th Cir.· 1974-05-02 ·cited 10×
  A nontenured university professor has no constitutional right to tenure, a statement of reasons for non-reappointment, or a hearing, unless the dismissal is based on constitutionally impermissible grounds. The plaintiff failed to prove her termination was retaliatory or arbitrary
• Castlewood Int'l Corp. v. Wynne
  294 So. 2d 321· Fla.· 1974-04-17 ·cited 10×
  Castlewood International, a beer and wine retailer, challenged the constitutionality of Florida Statute § 562.21, which required cash-only sales of beer and wine to retail vendors while permitting credit sales of hard liquor. The Florida Supreme Court held the statute unconstitut
• Interstate Commerce Comm'n v. BIG Valley Growers Co-Op
  493 F.2d 888· 9th Cir.· 1974-03-18 ·cited 10×
  The court held that injunctive relief is available to enforce the Commission's right to inspect the books and records of agricultural cooperatives that have filed notice under Section 203(b)(5), despite the lack of explicit statutory provision for such relief.
• Allstate Ins. Co. v. Clendening
  289 So. 2d 704· Fla.· 1974-01-23 ·cited 10×
  Allstate Insurance Company sought review of a decision affirming judgment requiring it to pay uninsured motorist coverage to Tennessee residents. The Florida Supreme Court found no conflict with prior case law requiring reversal and discharged the certiorari petition, noting that
• Covington v. Anderson
  487 F.2d 660· 9th Cir.· 1973-11-12 ·cited 10×
  The court held that the decision to suspend an Air National Guard pilot from flight status due to a reduction in force, under the circumstances presented, is not subject to judicial review.
• Dawkins v. Craig
  483 F.2d 1191· 4th Cir.· 1973-09-12 ·cited 10×
  The Eleventh Amendment prohibits a federal court from ordering a state to make retroactive payments of Aid to Families with Dependent Children (AFDC) benefits, as such an order directly depletes the state treasury.
• The Protectoseal Co. v. Barancik
  484 F.2d 585· 7th Cir.· 1973-09-05 ·cited 10×
  A corporation has standing to sue for the removal of a director violating Clayton Act § 8, and § 8 prohibits interlocking directorates between competitors even if a merger would be legal under § 7.
• H. K. Porter Co., Inc. v. Nicholson File Co.
  482 F.2d 421· 1st Cir.· 1973-07-30 ·cited 10×
  The court held that Section 14(e) of the Securities Exchange Act of 1934 provides a private right of action for damages to a tender offeror, and that this is the exclusive remedy for the claims presented, superseding a Section 10(b) claim which requires purchaser-seller status.
• Joseph v. Blair
  482 F.2d 575· 4th Cir.· 1973-07-26 ·cited 10×
  The court held that the Younger abstention doctrine does not apply when no state criminal or civil proceedings are pending against the plaintiffs. It also held that a prior Supreme Court dismissal for want of a substantial federal question does not preclude federal court consider
• Rodway v. United States Dep't OF Agric.
  482 F.2d 722· D.C. Cir.· 1973-07-10 ·cited 10×
  The court held that the district court erred in dismissing the case as moot and that judicial review of the Secretary of Agriculture's determination of food stamp allotment levels is proper, limited to whether the Secretary had a rational basis for his decision.
• Haywood Williams, Jr. v. Elliot L. Richardson
  481 F.2d 358· 8th Cir.· 1973-06-29 ·cited 10×
  The court held that a class action is an appropriate procedure for inmates to challenge conditions of confinement and treatment, and that the district court erred in dismissing the case solely on the grounds that habeas corpus proceedings are not practical or desirable as class a