Injunctive Relief

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

• The Bowater S.S. Co., Ltd. v. Patterson
  303 F.2d 369· 2d Cir.· 1962-03-28 ·cited 10×
  The court held that the district court abused its discretion by refusing to grant a preliminary injunction against picketing that was tortious under New York law.
• United States v. Ellis Research Labs., Inc.
  300 F.2d 550· 7th Cir.· 1962-03-22 ·cited 10×
  The court held that the Micro-Dynameter is a misbranded device subject to the Federal Food, Drug, and Cosmetic Act, and the injunction against its interstate commerce was proper.
• Flight Eng'rs Int'l Ass'n, AFL-CIO v. Cont'l AIR Lines, Inc.
  297 F.2d 397· 9th Cir.· 1961-10-23 ·cited 10×
  The court held that the appeal and case are moot because the plaintiff, CAL Chapter, was dissolved and International has no standing to question the dissolution's validity.
• Mitchell v. Owen
  292 F.2d 71· 6th Cir.· 1961-06-30 ·cited 10×
  The court held that the production of sand and gravel for use in the construction and maintenance of instrumentalities of interstate commerce, such as a naval air station and highways, falls under the Fair Labor Standards Act, regardless of whether the production and use occur wi
• Wheeldin v. Wheeler
  280 F.2d 293· 9th Cir.· 1960-06-28 ·cited 10×
  The court affirmed the dismissal of the claim for injunctive relief as moot and the denial of declaratory judgment, but reversed the dismissal of the claim for damages against the House investigator.
• LA Salle Nat'l Bank v. 222 E. Chestnut St. Corp.
  267 F.2d 247· 7th Cir.· 1959-05-01 ·cited 10×
  The court held that the dismissal of a prior malicious prosecution complaint for failure to allege special interference was not a determination on the merits, thus not barring the current suit by res judicata. However, the claim based on the Federal Court Injunction Suit was corr
• Stewart v. Berger
  109 So. 2d 765· Fla.· 1959-03-11 ·cited 10×
  An order attempting to set aside a final decree, which was not appealed and was not void ab initio, is invalid and must be quashed.
• Melvin Bldg. Corp. v. Long
  262 F.2d 920· 7th Cir.· 1958-12-17 ·cited 10×
  The court held that a mere factual dispute over the amount of income tax liability is insufficient to overcome the statutory prohibition against enjoining tax assessments.
• Franz Xavier Holzapfel v. Wyrsch
  259 F.2d 890· 3d Cir.· 1958-10-09 ·cited 10×
  A suspended sentence under New Jersey's Sex Offenders Act, intended for psychiatric treatment and probation enforcement, does not constitute confinement within the meaning of the Immigration and Nationality Act's deportation provision.
• The Sch. Bd. OF City OF Norfolk v. Leola Pearl Beckett
  260 F.2d 18· 4th Cir.· 1958-10-02 ·cited 10×
  The court affirmed the district court's order approving the enrollment of 17 Negro students and dismissed the cross-appeal regarding the remaining rejected applicants as premature.
• Safeway Stores v. Rudner
  246 F.2d 826· 9th Cir.· 1957-06-25 ·cited 10×
  The court held that the defendant's use of the trade name 'Safeway' constituted unfair competition, entitling the plaintiff to injunctive relief.
• In re Inland GAS Corp.
  241 F.2d 374· 6th Cir.· 1957-02-14 ·cited 10×
  The court held that post-bankruptcy interest should not be allowed on unsecured claims, and federal courts lack jurisdiction to adjudicate tax matters prematurely under the Declaratory Judgments Act.
• Nat'l Labor Relations Bd. v. Retail Clerks Int'l Ass'n
  243 F.2d 777· 9th Cir.· 1956-08-06 ·cited 10×
  The court held that the Clerks had purged themselves of civil contempt by bargaining in good faith for non-supervisory employees and withdrawing demands to bargain for supervisors. Safeway lacked standing to petition for injunctive relief.
• Chas. Pfizer & Co., Inc. v. Olin Mathieson Chem. Corp.
  225 F.2d 718· 5th Cir.· 1955-09-16 ·cited 10×
  The court held that orders transferring venue under 28 U.S.C.A. § 1404(a) are interlocutory and not immediately appealable.
• United States v. Hatahley
  220 F.2d 666· 10th Cir.· 1955-03-01 ·cited 10×
  The court held that the Utah "abandoned horse" statute was applicable and that the County Commissioners lawfully inaugurated a program to eliminate abandoned horses, and lawfully disposed of animals belonging to the plaintiffs who failed to comply with the statutory notice requir
• Cont'l Distilling Corp. v. Humphrey
  220 F.2d 367· D.C. Cir.· 1954-11-24 ·cited 10×
  The court held that the complaint sufficiently alleged arbitrary discrimination in the application of a labeling regulation to withstand a motion to dismiss, entitling the plaintiff to an opportunity to prove its claims.
• Pedreiro v. Shaughnessy
  213 F.2d 768· 2d Cir.· 1954-07-01 ·cited 10×
  The court held that the District Director of Immigration and Naturalization is a proper party in an action for declaratory and injunctive relief under the APA, and that the Attorney General or Commissioner are not indispensable parties.
• Batista v. Nicolls
  213 F.2d 20· 1st Cir.· 1954-05-19 ·cited 10×
  The court held that the district court lacked jurisdiction to review the deportation order via a petition for declaratory and injunctive relief.
• Heyward v. Pub. Hous. Admin.
  214 F.2d 222· D.C. Cir.· 1954-03-18 ·cited 10×
  The court held that the district court should not have entertained jurisdiction to decide the issues without the Savannah Housing Authority as a party, exercising sound discretion.
• Dyer v. Gallagher
  203 F.2d 477· 6th Cir.· 1953-04-15 ·cited 10×
  The court held that the complaint failed to allege sufficient extraordinary and exceptional circumstances to justify an injunction against the collection of assessed income tax deficiencies.
• Landers Frary & Clark v. Vischer Prods. Co.
  201 F.2d 319· 7th Cir.· 1953-01-22 ·cited 10×
  A creditor can maintain an action for declaratory judgment and coercive relief to set aside fraudulent transfers of assets, even if the debt is not yet due and before obtaining a judgment and execution.
• Cap. Transit Co. v. Safeway Trails, Inc.
  201 F.2d 708· D.C. Cir.· 1953-01-15 ·cited 10×
  The court held that the district court properly dismissed the complaint because the plaintiff had not first exhausted available administrative remedies with the Public Utilities Commission.
• Gross v. United States
  201 F.2d 780· 9th Cir.· 1953-01-12 ·cited 10×
  The court held that the trial court did not err in finding that the appellant's premises were controlled housing accommodations subject to the Housing and Rent Act of 1947, as amended, and not an exempt motor court.
• Loew's, Inc. v. Milwaukee Towne Corp.
  201 F.2d 19· 7th Cir.· 1952-12-23 ·cited 10×
  The court held that the decree provision does not grant the plaintiff a superior competitive position and that 'fair and reasonable film rental' is determinable by competition, not by the plaintiff's unilateral determination.
• Dillard v. Chesapeake & O. RY. Co.
  199 F.2d 948· 4th Cir.· 1952-11-10 ·cited 10×
  The court held that the district court erred in dismissing the class action for lack of jurisdiction, as the allegations of racial discrimination in promotions by railway unions state a claim upon which relief can be granted.
• Bagby v. United States
  199 F.2d 233· 8th Cir.· 1952-10-15 ·cited 10×
  The court held that the defendant waived her right to a hearing on the motion for summary judgment by failing to request one under the applicable local rules, and that the trial court did not err in awarding double damages or granting an injunction.
• Granz v. Harris
  198 F.2d 585· 2d Cir.· 1952-08-20 ·cited 10×
  The court held that an artist is entitled to prevent the publication of a garbled or substantially altered version of their work, even if uncopyrighted, and this can be considered unfair competition or passing off.
• Pac. Am. Fisheries, Inc. v. Mullaney
  191 F.2d 137· 9th Cir.· 1951-06-25 ·cited 10×
  The court held that the summary judgment was erroneous because the appellant was not given an opportunity to present evidence on factual issues and the case presented grounds for declaratory and injunctive relief.
• United States v. Fogaley
  190 F.2d 163· 10th Cir.· 1951-06-07 ·cited 10×
  The court held that a landlord's ignorance of rent control is not a bar to restitution for overcharges, and that equitable relief should consider damages wrongfully caused by the tenant.
• Sunbeam Corp. v. Civil Serv. Emps'. Coop. Ass'n.
  187 F.2d 768· 3d Cir.· 1951-03-20 ·cited 10×
  A cooperative association selling goods below fair trade prices at the time of sale violates the Pennsylvania Fair Trade Act, but an accounting of profits is not an appropriate remedy absent demonstrated pecuniary loss to the plaintiff.
• City & Cnty. of Denver v. Denver Tramway Corp.
  187 F.2d 410· 10th Cir.· 1951-02-15 ·cited 10×
  The court held that the trial court did not err in denying the city's motion to dissolve the injunction, as the court retained jurisdiction to enforce its prior decree and the circumstances did not warrant vacation.
• United States v. Gianoulis
  183 F.2d 378· 3d Cir.· 1950-06-29 ·cited 10×
  The 1949 amendment to the Housing and Rent Act of 1947, allowing the United States to sue for treble damages for rent overcharges, was intended to be retroactive.
• Woods v. Wolfe
  182 F.2d 516· 3d Cir.· 1950-05-18 ·cited 10×
  The court held that restitution is an independent equitable remedy under Section 205(a) of the Emergency Price Control Act, and an injunction was properly issued despite the defendants not currently being landlords.
• Int'l Workers Order, Inc. v. McGRATH
  182 F.2d 368· D.C. Cir.· 1950-03-22 ·cited 10×
  The court held that the corporation lacked standing to challenge the regulation and that the district court did not err in denying Drayton's motion to intervene.
• United States v. City of N.Y.
  175 F.2d 75· 2d Cir.· 1949-05-27 ·cited 10×
  A federal court should not consider the validity of a state or municipal tax when state courts are better suited to decide such issues.
• Whitehead v. Miami Laundry Co.
  160 Fla. 667· Fla.· 1948-07-09 ·cited 10×
  Miami Laundry Company sought to enjoin union representatives and former employees from picketing and announcing a strike. The Florida Supreme Court reversed the injunction, holding that peaceful picketing and persuasion are protected forms of free speech under the U.S. Constituti
• Fleming v. Dashiel
  161 F.2d 612· 9th Cir.· 1947-05-09 ·cited 10×
  A district court cannot set aside an individual price order issued by the Administrator if the order is facially applicable, as such a determination is exclusively within the province of the Emergency Court of Appeals.
• Bowles v. Case
  149 F.2d 777· 9th Cir.· 1945-05-28 ·cited 10×
  The Emergency Price Control Act applies to sales of state-owned timber, and the Administrator may seek injunctive relief to enforce price regulations.
• Yellow Cab Transit Co. v. Louisville Taxicab & Transfer Co.
  147 F.2d 407· 6th Cir.· 1945-02-08 ·cited 10×
  The court held that while the appellee is entitled to some injunctive relief, the district court's decree was too broad in enjoining the appellant from using its long-used trade name or color scheme.
• Bowles v. Huff
  146 F.2d 428· 9th Cir.· 1944-12-27 ·cited 10×
  The court held that a trial court has discretion to deny an injunction even when violations of the Emergency Price Control Act are admitted, if the court finds the injunction is not necessary or in the public interest.
• Sec. & Exch. Comm'n v. Okin
  139 F.2d 87· 2d Cir.· 1943-11-29 ·cited 10×
  The court held that an injunction was justified despite the defendant's abandonment of his original proxy solicitation plan, but modified the injunction's specificity.
• Guar. Underwriters, Inc. v. Johnson (two cases)
  133 F.2d 54· 5th Cir.· 1943-01-15 ·cited 10×
  The court held that a district court lacks jurisdiction to enjoin an SEC investigation into potential securities law violations, and that the proper remedy for unlawful demands is to refuse compliance and raise the issue in enforcement proceedings.
• United States v. Parton
  132 F.2d 886· 4th Cir.· 1943-01-11 ·cited 10×
  The court held that individuals must be licensed by the Commissioner of Indian Affairs to trade with Indians on a reservation, and courts cannot review the Commissioner's licensing decisions.
• Lungren v. Strawn
  151 Fla. 106· Fla.· 1942-07-10 ·cited 10×
  This case involves riparian owners suing another owner for allegedly excessive water pumping from a lake for irrigation, causing damage to their crops. The court affirmed the dismissal of the complaint, finding the defendant's water use was reasonable and the damage was likely du
• State ex rel. L. E. Moore v. Gillian
  141 Fla. 707· Fla.· 1940-02-09 ·cited 10×
  The Florida Supreme Court reviewed whether a bill of complaint alleging that defendants engaged in unlawful short-loan business practices with usurious interest stated sufficient equity to survive a motion to dismiss. The Court held that while the bill stated a case for possible
• Muscogee (Creek) Nation v. Buford Rollin
  119 F.4th 881· 11th Cir.· 2024-10-11 ·cited 9×
  The district court erred by failing to analyze sovereign immunity on a claim-by-claim basis for the Poarch officials. The court vacates the dismissal and remands for further proceedings, allowing for amendment of the complaint.
• Smith v. Miorelli
  93 F.4th 1206· 11th Cir.· 2024-02-26 ·cited 9×
  The court held that a district court abuses its discretion in approving a class action settlement if the named plaintiffs lack Article III standing to pursue injunctive relief, as the court cannot consider relief it has no jurisdiction to award.
• Forrester v. Sch. Bd. of Sumter Cnty.
  316 So. 3d 774· Fla. 5th DCA· 2021-04-22 ·cited 9×
  A high school teacher challenged a school board policy prohibiting firearms in personal vehicles on campus as violating Florida's firearm preemption statute (§ 790.33). The court held that the teacher was "adversely affected" by the policy's enforcement, even without experiencing
• S&M Brands, Inc. v. State of Ga. EX REL.
  925 F.3d 1198· 11th Cir.· 2019-05-29 ·cited 9×
  The Eleventh Circuit affirmed the district court's dismissal of S&M Brands' complaint, finding no plausible claims for Contract Clause or Equal Protection violations and that the state law claim was barred by sovereign immunity.
• Cambridge Univ. Press v. Patton
  769 F.3d 1232· 11th Cir.· 2014-10-17 ·cited 9×
  The Eleventh Circuit reversed the district court's judgment, vacated the injunction, declaratory relief, and award of costs and fees, and remanded for further proceedings. The court found that the district court erred in its fair use analysis by mechanically weighing the four sta