Injunctive Relief

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

• Baron v. Allied Artists Pictures Corp.
  717 F.2d 105· 3d Cir.· 1983-09-19 ·cited 8×
  The court held that a cause of action for damages under federal securities law accrues when the action can be prosecuted to a successful conclusion, not merely when the plaintiff gains knowledge of the violation.
• Valley Constr. Co. v. Marsh
  714 F.2d 26· 5th Cir.· 1983-09-06 ·cited 8×
  The court held that the contractors' claims were not moot because the issue of arbitrary minority set-asides is capable of repetition yet evades review, and that a declaratory judgment is a proper remedy if the plaintiffs prevail on the merits.
• The UTE Indian Tribe v. State OF Utah
  716 F.2d 1298· 10th Cir.· 1983-08-29 ·cited 8×
  The court held that the Uncompahgre reservation was disestablished by Congress, and that certain Acts of Congress between 1888 and 1905 diminished the Uintah reservation by restoring lands to the public domain.
• F. Alderete Gen. Contractors, Inc. v. United States
  715 F.2d 1476· Fed. Cir.· 1983-08-23 ·cited 8×
  The Claims Court's equitable power under 28 U.S.C. § 1491(a)(3) is not limited to the pre-award stage when a case is timely transferred from district court.
• Fed. Energy Regulatory Comm'n v. Triton OIL & GAS Corp.
  712 F.2d 1450· D.C. Cir.· 1983-07-19 ·cited 8×
  The court held that the Commission had the authority to order Triton to make refunds for natural gas sales between October 1, 1968, and January 1, 1971, and that the Commission's orders did impose such a duty.
• Donovan v. Square D Co.
  709 F.2d 335· 5th Cir.· 1983-07-11 ·cited 8×
  State statutes of limitations do not apply to suits brought by the Secretary of Labor under Section 11(c) of OSHA, as such application would frustrate national policy.
• City OF Venice v. Matilde Valente
  429 So. 2d 1241· Fla. 2d DCA· 1983-03-25 ·cited 8×
  The City of Venice appealed a trial court ruling that declared an ordinance provision allowing municipalities to recover attorney's fees and court costs in public nuisance abatement proceedings unconstitutional. The appellate court reversed, holding that the ordinance falls withi
• Balzam v. Cohen
  427 So. 2d 329· Fla. 3d DCA· 1983-03-01 ·cited 8×
  This case involves an appeal from a final judgment and a contempt order related to a partnership dispute. The appellate court affirmed the finding of contempt but vacated the daily fine due to a lack of evidence on damages, and reversed the award of attorney's fees, finding no ba
• Westlands Water Dist. v. United States
  700 F.2d 561· 9th Cir.· 1983-03-01 ·cited 8×
  The court held that the Environmental Defense Fund (EDF) lacked a legally protectible interest to intervene as of right in a contract dispute between Westlands Water District and the United States, and the district court did not abuse its discretion in denying permissive interven
• Mercer v. Birchman
  700 F.2d 828· 2d Cir.· 1983-02-09 ·cited 8×
  The court held that the plaintiffs failed to exhaust administrative remedies and that their claims did not warrant mandamus jurisdiction because the administrative process ultimately corrected the alleged procedural errors.
• Int'l Org. of Masters v. Honorable Harold Brown
  698 F.2d 536· D.C. Cir.· 1983-01-21 ·cited 8×
  The court held that the statutory pay cap for federal employees fixed by administrative action applies to civilian mariners whose pay is set according to prevailing rates in the maritime industry.
• Wimbledon Townhouse Condo. I Ass'n, Inc. v. Kessler
  425 So. 2d 29· Fla. 4th DCA· 1982-12-08 ·cited 8×
  A condominium association sued unit owners for unauthorized exterior modifications without board approval, seeking injunctive relief to restore the original garage doors. The unit owners made an offer of judgment to paint or facade the sliding glass doors to match the original ap
• V. O. Motors, Inc. v. Cal. State Bd. OF Equalization
  691 F.2d 871· 9th Cir.· 1982-10-28 ·cited 8×
  The court held that the suit against the California State Board of Equalization was barred by the Eleventh Amendment, as the Tax Anti-Injunction Statute does not clearly abrogate this immunity.
• Scott v. Plante
  691 F.2d 634· 3d Cir.· 1982-10-18 ·cited 8×
  The court held that the Supreme Court's decision in Youngberg v. Romeo requires reconsideration of the plaintiff's claims for prospective relief and damages in light of the professional judgment standard for treatment, care, and restraints, and that statutory rights under New Jer
• Taylor v. ST. Clair
  685 F.2d 982· 5th Cir.· 1982-09-16 ·cited 8×
  The court held that the nursing home's decision to discharge a patient was a private action, not state action, and thus did not violate the Fourteenth Amendment or § 1983, and that compliance with the consent decree satisfied related claims.
• Dash, Inc. v. The Alcoholic Bev. Control Appeals Bd.
  683 F.2d 1229· 9th Cir.· 1982-08-10 ·cited 8×
  The court held that California's procedure for revoking liquor licenses, including administrative hearings and appellate review, provided sufficient procedural due process under the Fourteenth Amendment, even with restrictions on administrative agencies declaring statutes unconst
• Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio v. Lubbers
  681 F.2d 598· 9th Cir.· 1982-07-13 ·cited 8×
  The court held that the General Counsel's decision to withdraw and dismiss an unfair labor practice complaint, when based on a determination that the employer had a valid defense, is not subject to judicial review under the LMRA.
• Scherer v. Davis
  543 F. Supp. 4· N.D. Fla.· 1982-06-07 ·cited 8×
  The court held that the plaintiff's claims for unrecovered wages and injunctive relief related to his initial termination were waived by his settlement, but claims for additional damages and declaratory relief were not waived. The court also found that the procedures afforded to
• Mobil OIL Corp. v. Dep't OF Energy & James B. Edwards, Jr.
  678 F.2d 1083· Temp. Emer. Ct. App.· 1982-04-29 ·cited 8×
  The Department of Energy (DOE) may not retroactively repromulgate a regulation previously invalidated by the court, but it may prospectively enforce subsequent amendments to that regulation.
• McCLAIN v. Lafayette Cnty. Bd. OF Educ.
  673 F.2d 106· 5th Cir.· 1982-04-14 ·cited 8×
  The court held that the student's procedural due process rights were not violated by his indefinite suspension, as he admitted guilt and had an opportunity to explain his actions.
• Ervin A. Higgs v. Prop. Appraisal Adjustment Bd. OF Monroe Cnty.
  411 So. 2d 307· Fla. 3d DCA· 1982-03-23 ·cited 8×
  The Property Appraiser of Monroe County challenged the Property Appraisal Adjustment Board's failure to issue written decisions complying with statutory requirements for findings of fact, conclusions of law, and stated reasons. The court reversed the trial court's dismissal, hold
• Smith v. Cora Rich and Commissioner of Internal Revenue
  667 F.2d 1228· 5th Cir.· 1982-02-18 ·cited 8×
  The court held that the Anti-Injunction Act bars suits seeking to restrain the assessment or collection of taxes, and the plaintiffs' claims did not fall within any statutory exceptions.
• Ins. Fed'n OF Pa., Inc. v. Supreme Court OF Pa.
  669 F.2d 112· 3d Cir.· 1982-01-07 ·cited 8×
  The dismissal of the insurers' action challenging Rule 238 on federal constitutional grounds is affirmed, as the claims lack legal merit.
• Clements v. Logan
  454 U.S. 1304· U.S.· 1981-12-09 ·cited 8×
  The Circuit Justice granted a temporary stay of the Court of Appeals' mandate pending the full Court's disposition of the stay request, finding the lower court's decision potentially at odds with Supreme Court precedent.
• Collins v. Donovan
  661 F.2d 705· 8th Cir.· 1981-10-15 ·cited 8×
  The court held that the Secretary of Labor acted within his authority in promulgating a regulation allowing recoupment of erroneous overpayments of Trade Readjustment Assistance (TRA) benefits, even if not fraudulent.
• Portland Police Ass'n & Stan Peters v. The City OF Portland
  658 F.2d 1272· 9th Cir.· 1981-09-23 ·cited 8×
  The court held that the complaint does not present a justiciable controversy because the alleged injury is too speculative and conjectural.
• Shimek v. Dep't OF Energy
  685 F.2d 1372· Temp. Emer. Ct. App.· 1981-09-14 ·cited 8×
  The court held that the Department of Energy's amendments to gasoline retail price regulations were procedurally and substantively valid, and that the agency was justified in using emergency rulemaking procedures.
• Payroll Express Corp. v. The AETNA Cas. & Sur. Co.
  659 F.2d 285· 2d Cir.· 1981-09-09 ·cited 8×
  The court held that the insurance policy was non-cancellable except for non-payment of premiums, reversing the lower court's decision to limit the non-cancellation period. The court found that the parties intended the policy to be permanently non-cancellable, subject only to prem
• Mont. Wilderness Ass'n v. United States Forest Serv.
  655 F.2d 951· 9th Cir.· 1981-08-19 ·cited 8×
  The court held that Section 1323(a) of the Alaska National Interest Lands Conservation Act grants nationwide access to non-federally owned land within the National Forest System, thereby affirming the lower court's grant of access rights.
• Hogan v. Miss. Univ. FOR Women
  646 F.2d 1116· 5th Cir.· 1981-06-05 ·cited 8×
  A state-supported university that accepts only female applicants violates the Fourteenth Amendment's Equal Protection Clause for a qualified male applicant.
• Idaho Migrant Council v. Bd. OF Educ.
  647 F.2d 69· 9th Cir.· 1981-06-05 ·cited 8×
  The court held that the State Agency has the power under state law and the obligation under federal law to supervise local school districts to ensure compliance with federal mandates regarding students with limited English proficiency.
• Panama Processes, S.A. v. Cities Serv. Co.
  650 F.2d 408· 2d Cir.· 1981-05-29 ·cited 8×
  The court held that the district court did not abuse its discretion in conditionally dismissing the action on grounds of forum non conveniens, affirming the dismissal.
• Bailey v. Ponce de Leon Port Auth.
  398 So. 2d 812· Fla.· 1981-04-16 ·cited 8×
  The Florida Supreme Court upheld the constitutionality of a 1969 law amending the Ponce de Leon Port Authority's enabling act, which removed the referendum requirement for accumulating funds while maintaining the three-mill tax cap previously approved by voters. The court held th
• Fed. Trade Comm'n v. Weyerhaeuser Co.
  648 F.2d 739· D.C. Cir.· 1981-04-07 ·cited 8×
  The court granted the FTC's motion for an injunction pending appeal, finding a strong likelihood that the FTC would prevail on the merits and ordering the parties to return to the status quo.
• The State OF Cal. v. The Honorable Donald T. Regan
  641 F.2d 721· 9th Cir.· 1981-04-06 ·cited 8×
  The court held that the district court lacked jurisdiction to hear California's claim for declaratory relief regarding ERISA's tax-related reporting requirements due to the federal tax exception to the Declaratory Judgment Act.
• Madalyn Murray O'Hair & Soc'y of Separationists, Inc. v. Hill
  641 F.2d 307· 5th Cir.· 1981-04-02 ·cited 8×
  The court held that Pullman abstention was inappropriate for claims concerning the exclusion of atheists from holding judicial office in Texas, and that O'Hair had no adequate remedy at law in Texas courts.
• Nordgren v. Hayward
  638 F.2d 224· 10th Cir.· 1981-01-14 ·cited 8×
  A pro se complaint, once deemed non-frivolous, cannot be summarily dismissed based on an unverified administrative report; such reports may only be used to shape issues for trial.
• Marshall v. Elden Wait
  628 F.2d 1255· 9th Cir.· 1980-09-29 ·cited 8×
  The court held that the warrantless inspection of a small, family-owned rock quarry under the Federal Mine Safety and Health Act of 1977 violates the Fourth Amendment's protection against unreasonable searches and seizures.
• State OF NEW Mexico ex rel. NEW Mexico State Hwy. Dep't v. Goldschmidt
  629 F.2d 665· 10th Cir.· 1980-08-29 ·cited 8×
  The enactment of the Supplemental Appropriations and Rescission Act, 1980, mooted the controversy regarding the allocation of federal-aid highway funds, as it established a new ceiling and allocation formula for funds not obligated by July 8, 1980.
• John W. Pence, M.D. v. Brown
  627 F.2d 872· 8th Cir.· 1980-08-15 ·cited 8×
  The court held that an enlistment contract procured by innocent material misrepresentation is subject to rescission, and modified the remedy to allow the Air Force to reinstate the officer as promised.
• Giles v. Secretary OF the Army
  627 F.2d 554· D.C. Cir.· 1980-07-16 ·cited 8×
  The court held that while the use of compelled urinalysis evidence violated Article 31 of the UCMJ, the remedy of automatic honorable discharge for all class members was overly broad, and modification was necessary.
• Dubowitz v. Century Vill. E., Inc.
  385 So. 2d 1116· Fla. 4th DCA· 1980-06-25 ·cited 8×
  Condominium association members appealed a trial court dismissal of their suit seeking injunctive and declaratory relief to vindicate their right to use a clubhouse for Democratic Club meetings. The appellate court affirmed the dismissal, finding the trial court acted within its
• Hanley v. United States Dep't OF Just.
  623 F.2d 1138· 6th Cir.· 1980-05-05 ·cited 8×
  The court held that the records were not maintained within a 'system of records' as defined by the Privacy Act, and thus were not protected by it. Injunctive relief was also precluded by statute.
• FRY Bros. Corp. v. The Dep't OF Hous. & Urban Dev.
  614 F.2d 732· 10th Cir.· 1980-02-11 ·cited 8×
  The court held that the plaintiff failed to state a justiciable claim and that the Administrative Procedure Act does not create an independent basis for jurisdiction.
• Harris v. Peabody
  611 F.2d 543· 5th Cir.· 1980-02-07 ·cited 8×
  The court held that the trial court did not abuse its discretion in finding the plaintiff an inadequate class representative after her individual claim became moot.
• Star Distribs., Ltd. v. Marino
  613 F.2d 4· 2d Cir.· 1980-01-02 ·cited 8×
  State legislators are immune from suits under 42 U.S.C. § 1983 for injunctive relief based on their legislative activities, including issuing subpoenas.
• Nat'l Corn Growers Ass'n, Inc. v. Bergland
  611 F.2d 730· 8th Cir.· 1980-01-02 ·cited 8×
  The court held that the appeal from a partial summary judgment was not properly before it because the judgment was not final.
• Sec. & Exch. Comm'n v. Blazon Corp.
  609 F.2d 960· 9th Cir.· 1979-12-14 ·cited 8×
  The court held that fraudulent intent is not required for an injunction under Section 17(a) of the Securities Act of 1933, and that a district court has discretion to include a review provision in an injunction. The court also held that failure to amend offering circulars under R
• Marshall v. Lane Processing, Inc.
  606 F.2d 518· 8th Cir.· 1979-12-05 ·cited 8×
  The court held that the district court abused its discretion by denying injunctive relief, as the employer's repeated violations of child labor laws despite assurances of compliance demonstrated a pattern justifying an injunction.
• Jones v. U. S. Steel Credit Corp.
  382 So. 2d 48· Fla. 2d DCA· 1979-12-05 ·cited 8×