Injunctive Relief

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

• Crosby Wilfredo Orantes-Hernandez v. Thornburgh
  919 F.2d 549· 9th Cir.· 1990-11-20 ·cited 8×
  The court affirmed the permanent injunction, finding the district court's factual findings regarding INS interference with asylum and counsel rights were not clearly erroneous.
• Guar. Nat'l Ins. Co. v. Gates
  916 F.2d 508· 9th Cir.· 1990-09-27 ·cited 8×
  The court held that Nevada's Chapter 784 is unconstitutional on its face because it mandates confiscatory rates without providing a constitutionally adequate mechanism for insurers to obtain relief, and it cannot be sustained as a temporary emergency measure.
• Ry. Labor Executives Ass'n v. Chesapeake Western Railway
  915 F.2d 116· 4th Cir.· 1990-09-17 ·cited 8×
  The court held that disputes over a railroad's right to sell lines are 'minor' under the RLA if arguably justified by the collective bargaining agreement, and thus subject to arbitration, not court injunction. Appeals regarding completed transactions are moot.
• Benally v. Hodel
  940 F.2d 1194· 9th Cir.· 1990-09-13 ·cited 8×
  The court held that individual members of the Navajo Tribe lack standing to challenge the Relocation Commission's compliance with the Settlement Act, as such procedural rights are vested in the tribal chairmen.
• United States Equal Emp. Opportunity Comm'n v. Gurnee INN Corp.
  914 F.2d 815· 7th Cir.· 1990-09-13 ·cited 8×
  The court held that the district court did not abuse its discretion in granting injunctive relief, awarding back pay, and awarding compounded prejudgment interest.
• Friedman v. State OF Ariz.
  912 F.2d 328· 9th Cir.· 1990-08-22 ·cited 8×
  The court held that the Arizona Department of Corrections' Internal Management Policy No. 304.7, prohibiting facial hair, is constitutional as it is reasonably related to legitimate penological interests, and that Friedman is not entitled to attorney fees for his paralegal work.
• Nat'l Advertising Co. v. The City & Cnty. OF Denver
  912 F.2d 405· 10th Cir.· 1990-08-16 ·cited 8×
  The court held that Denver's new ordinance regulating billboards near freeways is facially constitutional under the First Amendment, and that National's claims for damages and injunctive relief were properly denied.
• Geary v. Renne
  911 F.2d 280· 9th Cir.· 1990-08-14 ·cited 8×
  A state constitutional provision banning political parties from endorsing candidates for nonpartisan office violates the First and Fourteenth Amendments by infringing on political speech and association rights without serving a compelling state interest narrowly tailored to its o
• Sierra Club, Inc. v. Elec. Controls Design, Inc.
  909 F.2d 1350· 9th Cir.· 1990-08-01 ·cited 8×
  The court held that payments to environmental organizations in a consent judgment are not civil penalties under the Clean Water Act if no violation is admitted or judicially determined, and thus can be entered by the district court.
• State OF Ohio v. U.S. Dep't OF Energy
  904 F.2d 1058· 6th Cir.· 1990-06-11 ·cited 8×
  The dissenting judge argues that the Clean Water Act's waiver of sovereign immunity does not extend to state-imposed civil penalties, and the RCRA citizen suit provision does not subject the United States to civil penalties.
• In re Carroll v. Tri-Growth Ctr. City, Ltd.
  903 F.2d 1266· 9th Cir.· 1990-05-23 ·cited 8×
  The management agreement is property of the estate and protected by the automatic stay, thus Tri-Growth's termination without seeking relief from the stay was a violation.
• Sequoia Books, Inc. v. Ingemunson
  901 F.2d 630· 7th Cir.· 1990-05-07 ·cited 8×
  The court held that the Illinois forfeiture provisions do not facially violate the First Amendment, are not unconstitutionally vague or overbroad, and that Sequoia has standing to challenge them. However, the provisions cannot be applied to convictions that occurred before the st
• S. Ent. Co. v. City of Boynton Beach
  736 F. Supp. 1094· S.D. Fla.· 1990-04-06 ·cited 8×
  The court held that the ordinance was void because the city failed to comply with state statutory notice requirements for its enactment, despite the ordinance otherwise being a valid time, place, and manner regulation under the First Amendment.
• W. Coast Theater Corp. v. City OF Portland
  897 F.2d 1519· 9th Cir.· 1990-03-26 ·cited 8×
  The court affirmed the district court's dismissal for lack of prosecution, summary judgment, sanctions, and Rule 4(j) dismissals, finding the appeal frivolous and awarding costs and attorney fees.
• NCNB Tex. Nat'l Bank v. Cowden
  895 F.2d 1488· 5th Cir.· 1990-02-26 ·cited 8×
  The FDIC, acting as receiver, had the authority under federal law to transfer fiduciary appointments held by an insolvent bank to a federally created bridge bank, and to the extent Texas law conflicted, it was preempted.
• Sheet Metal Workers' Int'l Ass'n v. Burlington N. R.R. Co.
  893 F.2d 199· 8th Cir.· 1990-01-10 ·cited 8×
  The court held that the dispute over whether the railroad could use non-union employees of a subsidiary to maintain locomotives was a minor dispute under the Railway Labor Act, subject to arbitration.
• Scalise v. Thornburgh
  891 F.2d 640· 7th Cir.· 1989-12-19 ·cited 8×
  The court held that the Attorney General is not required by statute to issue substantive regulations governing international prisoner transfer decisions, and therefore, mandamus jurisdiction and judicial review under the APA were not appropriate.
• Ferris v. Santa Clara Cnty.
  891 F.2d 715· 9th Cir.· 1989-12-06 ·cited 8×
  The court held that the California statutes proscribing certain sexual activities with minors are constitutional and that the district court did not err in striking the appellant's second amended complaint.
• Serena Dunn v. THE Florida BAR
  889 F.2d 1010· 11th Cir.· 1989-12-06 ·cited 8×
  Appellants prevailed for fee purposes as their lawsuit was a catalyst for rule changes, but they are not entitled to fees because they did not vindicate a constitutional right.
• Comite PRO Rescate DE LA Salud v. Puerto RICO Aqueduct & Sewer Auth.
  888 F.2d 180· 1st Cir.· 1989-10-26 ·cited 8×
  The court held that the exception for "solid or dissolved material in domestic sewage" under RCRA applies only to sewage originating from residences, not industrial facilities, and that the appeal was properly before the court under Rule 54(b).
• United States Steel Corp. Plan FOR Emp. Ins. Benefits v. Musisko
  885 F.2d 1170· 3d Cir.· 1989-09-21 ·cited 8×
  The district court's injunction and declaratory judgment are barred by the Anti-Injunction Act because ERISA does not expressly authorize federal courts to enjoin state court proceedings.
• Lebbos v. Judges OF the Superior Court
  883 F.2d 810· 9th Cir.· 1989-08-28 ·cited 8×
  The court held that abstention under the Younger doctrine was appropriate for claims seeking injunctive and declaratory relief, but not for claims seeking damages under 42 U.S.C. § 1983. Betsey Lebbos's due process claims were allowed to proceed.
• City OF DeLAND v. W.J. Lowe
  544 So. 2d 1165· Fla. 5th DCA· 1989-06-15 ·cited 8×
  The City of DeLand appeals a summary judgment that deemed W.J. Lowe's residential-zoned lot to be commercially zoned to conform with his adjacent commercial lots, enjoining residential zoning enforcement. The Florida appellate court reversed, holding that Lowe failed to exhaust a
• Coakley v. Welch
  877 F.2d 304· 4th Cir.· 1989-06-09 ·cited 8×
  The court held that officials are not immune from a suit for injunctive relief seeking reinstatement under the Ex parte Young exception to Eleventh Amendment immunity, as the alleged violation of due process rights constitutes an ongoing violation.
• S. Indus. Tire, Inc. v. Chicago Indus. Tire, Inc.
  541 So. 2d 790· Fla. 4th DCA· 1989-04-19 ·cited 8×
  This case involves a non-final appeal from an order granting injunctive relief and replevin, where the appellant sought to rescind a provision requiring an accounting.
• Quince Orchard Valley Citizens Ass'n, Inc. v. Hodel
  872 F.2d 75· 4th Cir.· 1989-04-07 ·cited 8×
  The court affirmed the denial of a preliminary injunction, finding the district court did not abuse its discretion by considering the plaintiffs' delay in bringing the action when balancing the harms.
• Blue Cross & Blue Shield OF Md., Inc. v. Weiner
  868 F.2d 1550· 11th Cir.· 1989-04-05 ·cited 8×
  The district court lacked subject matter jurisdiction under the Rooker-Feldman doctrine because BCBS-Maryland's claims required reviewing the state court's judgment, and thus the denial of the preliminary injunction and abstention are affirmed, but the case is remanded to dismiss
• LaVALLEE Northside Civic Ass'n & LaVallee Vill. Dev. Assoc., Inc. v. Virgin Islands Coastal Zone Mgmt. Comm'n
  866 F.2d 616· 3d Cir.· 1989-01-27 ·cited 8×
  The court held that plaintiffs must exhaust administrative remedies before seeking judicial relief for permit disputes, and that the statutory period for administrative appeal begins upon the final issuance of the permit, not an earlier vote or modification.
• James v. Smith
  537 So. 2d 1074· Fla. 5th DCA· 1989-01-19 ·cited 8×
  A Florida appellate court addressed whether a trial court properly refused to enforce deed restrictions in a residential subdivision against a property owner who kept ponies, erected wire fencing, constructed a metal barn, and placed a travel trailer on the lot. The court affirme
• Terry v. Chauffeurs
  863 F.2d 334· 4th Cir.· 1988-12-20 ·cited 8×
  A party is entitled to a jury trial for identifiable legal issues in a hybrid § 301/duty of fair representation action, even if equitable issues are also present.
• Wayside Farm, Inc. v. The United States Dep't OF Health & Human Servs.
  863 F.2d 447· 6th Cir.· 1988-12-13 ·cited 8×
  The Secretary may terminate a provider's Medicaid eligibility before the Appeals Council rules, and the district court's injunction must be reversed.
• Facchiano v. The United States Dep't OF Labor
  859 F.2d 1163· 3d Cir.· 1988-10-21 ·cited 8×
  The court should decide the legal issue of claim preclusion and not require exhaustion of remedies before the DOL.
• In re Chicago v. The Atchison
  860 F.2d 267· 7th Cir.· 1988-10-20 ·cited 8×
  The court held that Santa Fe effectively terminated the trackage rights agreement due to Rock Island's default, and this termination was not invalidated by a subsequent settlement or prior bankruptcy court orders.
• Soffer v. Leopold
  531 So. 2d 201· Fla. 3d DCA· 1988-08-30 ·cited 8×
  The court held that a temporary injunction was improperly granted without notice to the defendants, violating procedural rules.
• Everhart v. Otis R. Bowen, M.D.
  853 F.2d 1532· 10th Cir.· 1988-08-12 ·cited 8×
  The court held that the Social Security Administration's netting regulations, which offset underpayments against overpayments, are inconsistent with the Social Security Act's waiver of recoupment provisions and thus invalid. However, the court reversed the district court's statew
• Champion Int'l Corp. v. United States Env't Prot. Agency
  850 F.2d 182· 4th Cir.· 1988-06-24 ·cited 8×
  The court held that the district court had subject matter jurisdiction to determine if the EPA exceeded its authority but should have dismissed the case for lack of jurisdiction once it found the EPA acted within its authority, as judicial review of EPA's objections to a state pe
• Mangan v. Caspar Weinberger
  848 F.2d 909· 8th Cir.· 1988-06-08 ·cited 8×
  The court held that the district court did not abuse its discretion in dismissing the amended complaints with prejudice for failure to comply with Fed.R.Civ.P. 8.
• Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio v. E. Airlines, Inc.
  849 F.2d 1481· D.C. Cir.· 1988-06-07 ·cited 8×
  The court held that the March order constituted a new or modified injunction, not merely a contempt finding for violating the July injunction, and thus vacated the contempt judgment.
• Pulido v. Bennett
  848 F.2d 880· 8th Cir.· 1988-06-02 ·cited 8×
  Federal taxpayers lack standing to challenge executive implementation of a statute under the Establishment Clause, and claims for injunctive relief were moot or barred by exclusive jurisdiction; however, the Secretary of Education is entitled to qualified immunity for authorizing
• RCA/Ariola Int'l v. Thomas & Grayston Co.
  845 F.2d 773· 8th Cir.· 1988-04-28 ·cited 8×
  The court held that retailers, Metacom, and its president were liable for copyright infringement, affirming the district court's judgment regarding liability, damages, injunctions, and attorney fees.
• Newsome v. Batavia Local Sch. Dist.
  842 F.2d 920· 6th Cir.· 1988-03-30 ·cited 8×
  The court held that while a student's right to procedural due process was not violated by the denial of cross-examination of accusers or administrators, it was violated by the consideration of undisclosed evidence during deliberations.
• Nat'l Ass'n of Cntys. v. Baker
  842 F.2d 369· D.C. Cir.· 1988-03-11 ·cited 8×
  The court held that the district court had jurisdiction but erred in ordering the disbursement of sequestered Revenue Sharing Trust Funds, as the Revenue Sharing Act is not a compensation-mandating statute and the funds were permanently cancelled as FY 1986 budgetary resources.
• NO Gwen Alliance OF Lane Cnty. v. Aldridge
  841 F.2d 946· 9th Cir.· 1988-03-09 ·cited 8×
  The court held that the nexus between the GWEN installation and the environmental impacts of nuclear war is too attenuated to require discussion under NEPA, and that the Air Force adequately addressed non-nuclear environmental effects.
• In re Gillis
  836 F.2d 1001· 6th Cir.· 1988-01-05 ·cited 8×
  The court held that a writ of mandamus should issue, requiring dismissal of the underlying federal action because principles of comity, augmented by the Tax Injunction Act, bar federal courts from interfering with state tax administration.
• City OF Naples Airport Auth. v. Collier Dev. Corp.
  513 So. 2d 247· Fla. 2d DCA· 1987-09-30 ·cited 8×
  The City of Naples Airport Authority challenged Collier County's rezoning approval for residential development (River Reach) adjacent to the municipal airport, arguing the development was incompatible with airport operations due to noise concerns. The Florida appellate court affi
• Brock v. BIG Bear Mkt. NO. 3
  825 F.2d 1381· 9th Cir.· 1987-08-24 ·cited 8×
  The court held that a district court's denial of a prospective injunction under the FLSA, based solely on current compliance, was an abuse of discretion when violations were found to be willful and in bad faith.
• United States v. Alder Creek Water Co.
  823 F.2d 343· 9th Cir.· 1987-07-29 ·cited 8×
  The court held that some claims were moot or lacked standing, and affirmed the remaining claims, including civil penalties, finding no double jeopardy violation.
• Lugo v. Alvarado
  819 F.2d 5· 1st Cir.· 1987-05-26 ·cited 8×
  The court held that a party is not entitled to a stay of all discovery proceedings pending resolution of a qualified immunity claim when the plaintiff also seeks injunctive relief.
• People OF the State OF NEW York v. Seneci
  817 F.2d 1015· 2d Cir.· 1987-05-05 ·cited 8×
  The State of New York, suing as parens patriae, lacks standing to recover treble damages under RICO for injuries suffered by its individual citizens, and the claim for injunctive relief was moot.
• REX Sys., Inc. v. Holiday
  814 F.2d 994· 4th Cir.· 1987-04-02 ·cited 8×
  The court held that federal defendants, including government agencies and officials sued in their official capacities, are not 'persons' amenable to suit under the Sherman Act, and that claims for injunctive relief under federal procurement laws fall within the exclusive jurisdic