Injunctive Relief

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

• Nick-O-Val Music Co., Inc. v. POS Radio, Inc.
  656 F. Supp. 826· M.D. Fla.· 1987-02-23 ·cited 8×
  The court held that defendants' failure to respond to requests for admissions deemed facts admitted, establishing copyright infringement, and that an individual with dominant corporate influence can be held personally liable.
• Heath v. Chief A.J. Brown
  807 F.2d 1229· 5th Cir.· 1987-01-20 ·cited 8×
  The court held that the district court erred by not determining whether the plaintiffs prevailed on their federal claims, which is a prerequisite for awarding attorneys' fees under 42 U.S.C. § 1988.
• The N. Arapahoe Tribe v. Hodel
  808 F.2d 741· 10th Cir.· 1987-01-09 ·cited 8×
  The Secretary of the Interior has the authority to promulgate interim hunting regulations for the Wind River Reservation under the APA's good cause exception when tribal self-regulation fails and wildlife is at risk of endangerment, balancing the rights of both tribes.
• Hagemeier v. Block
  806 F.2d 197· 8th Cir.· 1986-11-26 ·cited 8×
  The court held that the FmHA officials were protected by qualified immunity for individual capacity claims and sovereign immunity for official capacity claims, and that the Hagemeiers' claims for injunctive relief were moot.
• State OF Tenn. v. Herrington
  806 F.2d 642· 6th Cir.· 1986-11-25 ·cited 8×
• Ramos v. Stabinski & Funt, P.A.
  494 So. 2d 298· Fla. 3d DCA· 1986-09-23 ·cited 8×
• Stanislav Kopunec v. Nelson
  801 F.2d 1226· 10th Cir.· 1986-09-22 ·cited 8×
  The court held that Mr. Kopunec was a prevailing party entitled to attorney's fees under the Equal Access to Justice Act, and affirmed the district court's award of fees and costs, finding no abuse of discretion in the amount awarded.
• Veteto v. H.G. Miller & other named unidentified Emps. of the Bureau of Prisons
  794 F.2d 98· 3d Cir.· 1986-06-19 ·cited 8×
  The requirement for exhaustion of administrative remedies applies to a prisoner's suit for injunctive or mandatory relief, even if it includes a claim for damages.
• Richardson v. Phillips Petroleum Co.
  791 F.2d 641· 8th Cir.· 1986-05-23 ·cited 8×
  The court held that the Richardson group was collaterally estopped from relitigating the issue of damages because it was fully litigated and decided in a prior administrative proceeding affirmed by a state court.
• George v. State OF Tex.
  788 F.2d 1099· 5th Cir.· 1986-05-02 ·cited 8×
  The court held that the plaintiff's claims were frivolous and lacked arguable merit, warranting dismissal and sanctions.
• Americans United FOR Separation OF Church & State v. Wiist
  786 F.2d 194· 3d Cir.· 1986-03-21 ·cited 8×
  The court held that the plaintiffs lacked standing to challenge the establishment of diplomatic relations with the Vatican and that the issue was nonjusticiable as a political question committed to the Executive Branch.
• Winicki v. Mallard
  783 F.2d 1567· 11th Cir.· 1986-03-13 ·cited 8×
  Federal courts should not entertain Section 1983 actions challenging state tax systems when plain, adequate, and complete state remedies are available, due to the principle of comity.
• Siuslaw Concrete Constr. Co. v. State OF Wash.
  784 F.2d 952· 9th Cir.· 1986-03-11 ·cited 8×
  A state minimum wage law for trainees on federally-funded highway projects is not preempted by federal law, even if it requires higher wages than federal regulations, as long as there is no express federal intent to occupy the field or the state law does not actually conflict wit
• Capps v. Roscoe Eggers
  782 F.2d 1341· 5th Cir.· 1986-02-20 ·cited 8×
  The court held that the appeal was frivolous and affirmed the district court's dismissal, granting sanctions against the appellant.
• John M. Stone, M.D. v. William Beaumont Hosp.
  782 F.2d 609· 6th Cir.· 1986-01-30 ·cited 8×
  The judgment of the district court is affirmed because the plaintiff failed to demonstrate that the defendants' alleged unlawful activity had a not insubstantial effect on interstate commerce, a prerequisite for Sherman Act jurisdiction.
• Carter v. Veterans Admin.
  780 F.2d 1479· 9th Cir.· 1986-01-22 ·cited 8×
  A pro se litigant cannot recover attorney fees under the FOIA, but may recover costs actually incurred. A claim for injunctive relief is moot once the requested documents are produced.
• James Luterbach Constr. Co., Inc. v. Valdas V. Adamkus
  781 F.2d 599· 7th Cir.· 1986-01-13 ·cited 8×
  The court held that the plaintiff's suit for declaratory and injunctive relief was moot because the construction project was substantially completed and the plaintiff had not sought damages in the district court.
• Keeffe v. Library OF Congress
  777 F.2d 1573· D.C. Cir.· 1985-12-03 ·cited 8×
  The Library of Congress acted within its authority in interpreting its regulations to prohibit partisan political activity by CRS Analysts, but it failed to provide fair notice to Keeffe regarding the application of this interpretation to her specific situation.
• Pernsley v. Harris
  474 U.S. 965· U.S.· 1985-11-04 ·cited 8×
• N. Side Lumber Co. v. Block
  474 U.S. 931· U.S.· 1985-10-21 ·cited 8×
• Heights Community Congress v. Hilltop Realty, Inc.
  774 F.2d 135· 6th Cir.· 1985-10-02 ·cited 8×
  The court held that racial steering violations could be imputed to a real estate agency and that standing was established by alleged injury to the municipality and community organization. However, it reversed a finding of blockbusting, finding no prohibited racial representation.
• Ferrara v. Caves
  475 So. 2d 1295· Fla. 4th DCA· 1985-09-18 ·cited 8×
  In this appeal of an attorney's fees order, the court reversed the trial court's award of attorney's fees against Phillip Ferrara under section 57.105 for his intervention in a declaratory judgment action seeking to invalidate recall petitions, and also reversed the denial of fee
• Coughlin v. Regan
  768 F.2d 468· 1st Cir.· 1985-07-25 ·cited 8×
  The court affirmed the consent judgment because a party who consents to a judgment waives the right to appeal, absent specific exceptions like lack of consent or fraud.
• Hill v. The City OF Houston
  764 F.2d 1156· 5th Cir.· 1985-07-11 ·cited 8×
  The dissent argues that the Houston ordinance was constitutionally applied to Raymond Hill, as his speech did not outweigh the city's interest in law enforcement and was not substantially protected by the First Amendment.
• Dayton Christian Schs., Inc. v. Ohio Civil Rights Comm'n
  766 F.2d 932· 6th Cir.· 1985-06-26 ·cited 8×
  The court held that applying the Ohio Civil Rights Act to a pervasively religious institution like Dayton Christian Schools would violate the First Amendment's Free Exercise and Establishment Clauses.
• Chula Vista City Sch. Dist. v. T.H. Bell
  762 F.2d 762· 9th Cir.· 1985-06-04 ·cited 8×
  The court held that the Secretary's '$50 Rule' for determining comparable school districts under the Impact Aid law is consistent with the statute and its legislative history, and that it is not subject to the notice-and-comment provisions of GEPA. The court also found that the g
• W.S. Townsend v. I.R. Teagle
  467 So. 2d 772· Fla. 1st DCA· 1985-04-11 ·cited 8×
  This case involves a dispute between trustees of a Presbyterian church and members of the church's governing body over whether the congregation properly authorized the conveyance of church property (a manse) to the former pastor and his wife. The court reversed the trial court's
• In re Corrugated Container Antitrust Litigation. Anchor Hocking v. Alton BOX Bd. Co.
  756 F.2d 411· 5th Cir.· 1985-04-04 ·cited 8×
  The court held that the trial court did not err in excluding the immunized interview testimony, admitting the 'lack of profit' evidence, instructing the jury, denying injunctive relief, denying costs, or denying summary judgment/directed verdict for certain defendants.
• United States & Jordan Lilienthal v. City OF Pittsburgh
  757 F.2d 43· 3d Cir.· 1985-03-05 ·cited 8×
  The court held that the City's business privilege tax on federal court reporter transcript fees was permissible because Congress waived any federal immunity through the Public Salary Tax Act of 1939, specifically 4 U.S.C. § 111.
• In re Chicago
  756 F.2d 517· 7th Cir.· 1985-02-28 ·cited 8×
  A bankrupt railroad does not have a legal obligation under Iowa law to remove its abandoned highway crossings, and the state's claim for removal is not an administrative expense.
• Bob's Home Serv., Inc. v. Warren Cnty.
  755 F.2d 625· 8th Cir.· 1985-02-21 ·cited 8×
  The court held that the case was ripe for review and that while abstention was appropriate, the district court should have retained jurisdiction rather than dismissing the complaint.
• Tiffany Sands, Inc. v. Mezhibovsky
  463 So. 2d 349· Fla. 3d DCA· 1985-01-15 ·cited 8×
  The court reversed the denial of a preliminary injunction to enforce a non-competition provision of an employment contract, finding the provision reasonable and enforceable upon termination.
• Stites v. United States Gov't
  746 F.2d 1085· 5th Cir.· 1984-11-19 ·cited 8×
  The court held that the Anti-Injunction Act barred the suit and that the taxpayers' claims were frivolous, warranting double costs on appeal.
• Orleans Audubon Soc'y v. Colonel Robert C. LEE
  742 F.2d 901· 5th Cir.· 1984-10-01 ·cited 8×
  The court held that the Corps of Engineers' decisions not to require permits for the blockage of the Drill Hole Canal, the repair of levees, and the installation of drainage culverts were not arbitrary or capricious and were reasonable interpretations of the Clean Water Act and R
• Sweetheart Plastics, Inc. v. Detroit Forming, Inc.
  743 F.2d 1039· 4th Cir.· 1984-09-13 ·cited 8×
  The court held that the district court abused its discretion by denying the motion to amend the complaint and erred in its jury instructions regarding acquiescence and abandonment.
• Thompson v. Clark
  D.D.C.· 1984-08-07 ·cited 8×
  The court held that the Regulatory Flexibility Act (RFA) precludes judicial review of an agency's determination regarding the applicability of its provisions and compliance therewith, and that the agency adequately considered comments under the Administrative Procedure Act (APA).
• United Books, Inc. v. Conte
  739 F.2d 30· 1st Cir.· 1984-07-26 ·cited 8×
  The court held that federal courts must abstain from enjoining or issuing declaratory judgments regarding state obscenity prosecutions when a state criminal action is pending, absent extraordinary circumstances like bad faith or harassment.
• N. Hess' Sons, Inc. v. Hess Apparel, Inc.
  738 F.2d 1412· 4th Cir.· 1984-07-10 ·cited 8×
  The court held that the district court did not abuse its remedial discretion by issuing an injunctive decree that, while mild, was not demonstrably ineffectual on the record presented.
• Parkway Gen. Hosp., Inc. v. Peter G. Allinson, M.D.
  453 So. 2d 123· Fla. 3d DCA· 1984-07-10 ·cited 8×
  The Florida District Court of Appeal, Third District, granted a petition for rehearing and issued a writ of certiorari to quash a trial court order that had denied a protective order for medical staff review committee minutes. The court held that Florida Statute § 768.40(4) provi
• Smith v. N. La. Med. Review Ass'n
  735 F.2d 168· 5th Cir.· 1984-06-28 ·cited 8×
  The court held that plaintiffs failed to establish a constitutionally protected property interest in the Waiver of Liability (WOL) presumption and that the NLMRA, as a federal entity, could not be sued under 42 U.S.C. § 1983 for state action.
• Rosebrough Monument Co. v. Mem'l Park Cemetery Ass'n
  736 F.2d 441· 8th Cir.· 1984-06-14 ·cited 8×
  The court held that certain cemetery rules approved by the district court were overly restrictive and modified them, while affirming the district court's reduction of attorney's fees based on the limited monetary relief obtained by the appellant.
• Hynes v. City OF Lakeland
  451 So. 2d 505· Fla. 2d DCA· 1984-05-04 ·cited 8×
  Michael Hynes purchased a leasehold interest in property under hangar #3 at Lakeland Municipal Airport and claimed he received express and implied easements to access the public taxiways and runways. The trial court granted summary judgment against him, but the appellate court re
• Am. Commercial Barge Lines Co. v. Seafarers Int'l Union OF N. Am.
  730 F.2d 327· 5th Cir.· 1984-04-23 ·cited 8×
  The court held that the employers' claim for damages under § 302(e) of the LMRA was properly dismissed as the statute does not provide a private cause of action for damages. The court also held that the employers' request for an injunction against union strikes and bargaining dem
• United States v. Florida
  1984 U.S. Dist. LEXIS 18942· N.D. Fla.· 1984-03-02 ·cited 8×
• Gibraltar Indus., Inc. v. The United States
  726 F.2d 747· Fed. Cir.· 1984-02-08 ·cited 8×
  When a case becomes moot on appeal, the proper disposition is to vacate the lower court's judgment and remand with instructions to dismiss for mootness.
• Motor Coach Indus., Inc. v. Dole
  725 F.2d 958· 4th Cir.· 1984-01-26 ·cited 8×
  The court held that the Air Carriers Trust Fund was a public instrumentality funded with public money, and the FAA was therefore subject to federal procurement guidelines when awarding the bus contract.
• United States v. NEW Orleans Pub. Serv., Inc.
  723 F.2d 422· 5th Cir.· 1984-01-23 ·cited 8×
  The court held that the 1971 and 1972 attempts by the government to conduct compliance reviews of NOPSI were improper under the Fourth Amendment.
• Corwin v. Lehman
  724 F.2d 1577· Fed. Cir.· 1984-01-09 ·cited 8×
  The court held that the Secretary of the Navy's regulation establishing age-in-grade limits for Reserve officers was a reasonable exercise of statutory authority and did not violate the uniformity requirement of 10 U.S.C. § 280.
• Stanley v. Magrath
  719 F.2d 279· 8th Cir.· 1983-10-11 ·cited 8×
  The court held that the University Regents' decision to institute a refundable fee system for the student newspaper, motivated by the content of a controversial issue, violated the First Amendment.
• Wheeler v. Heckler
  719 F.2d 595· 2d Cir.· 1983-10-11 ·cited 8×
  The court held that the grandfather clause requires that beneficiaries be assessed under either the current federal standard or the prior state standard, and that the district court erred in substituting a 'material improvement' or 'clear error' standard for termination.