Injunctive Relief

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

• Carson v. Am. Brands, Inc.
  606 F.2d 420· 4th Cir.· 1979-09-14 ·cited 8×
  The court held that an order refusing to enter a consent decree in a Title VII class action is not immediately appealable under 28 U.S.C. § 1292(a)(1) as a denial of injunctive relief.
• Mannington Mills, Inc. v. Congoleum Indus., Inc.
  610 F.2d 1059· 3d Cir.· 1979-08-01 ·cited 8×
  The court held that while the district court did not err in finding insufficient evidence of conspiracy for summary judgment, it erred by ruling before the plaintiff had a fair opportunity for discovery.
• First Union Bank & Tr. Co. OF Winamac v. Heimann
  600 F.2d 91· 7th Cir.· 1979-06-15 ·cited 8×
  The court held that the Comptroller's approval of a branch bank in an area lacking the characteristics of a "town" under Indiana law was arbitrary and capricious, subverting the state's policy against using branches solely for competition.
• B. R. S. Land Invs. v. United States
  596 F.2d 353· 9th Cir.· 1979-05-02 ·cited 8×
  The court held that allegations of 'tacit approval' of a power line construction by federal agencies do not constitute 'major Federal action' requiring an environmental impact statement under NEPA, especially when no official action has been taken.
• Castro v. SUN Bank OF BAL Harbour
  370 So. 2d 392· Fla. 3d DCA· 1979-04-10 ·cited 8×
  Appellants sought declaratory and injunctive relief challenging alleged nuisance and zoning violations related to a proposed development called Fair Isle. The trial court granted summary judgment for the defendants, finding the issues were precluded by an earlier settlement judgm
• McCARTY v. Amoco Pipeline Co.
  595 F.2d 389· 7th Cir.· 1979-04-02 ·cited 8×
  In a removed diversity case seeking injunctive relief, the amount in controversy can be measured by the value to either party, not exclusively the plaintiff's viewpoint, to determine federal jurisdiction.
• Fotomat Corp. OF Fla. v. R. B. Films, Inc.
  366 So. 2d 1213· Fla. 1st DCA· 1979-01-29 ·cited 8×
  Fotomat Corporation appealed an injunction and lease cancellation granted to Southland Films based on an exclusive covenant in Southland's lease with Arlington Plaza Shopping Center. The court reversed, holding that equitable estoppel could not be invoked by Southland based on Fo
• Castlewood Int'l Corp. v. Simon
  367 So. 2d 613· Fla.· 1979-01-11 ·cited 8×
  The Florida Supreme Court resolved a certified question from the Fifth Circuit Court of Appeals regarding whether wholesalers of alcoholic beverages must comply with federal cost-relationship requirements for discounts to retailers or may offer discounts based solely on equality
• Trinity Servs., Inc. v. Marshall
  593 F.2d 1250· D.C. Cir.· 1978-12-27 ·cited 8×
  The dissenting opinion holds that severance pay, as provided in collective bargaining agreements, constitutes a 'fringe benefit' under the Service Contract Act, requiring successor contractors to honor it.
• State of Fla. ex rel. Fla. State Bd. OF Nursing v. Santora
  362 So. 2d 116· Fla. 1st DCA· 1978-08-22 ·cited 8×
  The Florida State Board of Nursing sought a writ of prohibition to prevent a circuit court from entertaining a challenge to a nursing licensing rule requiring foreign-educated applicants to pass the same examination as Florida-educated graduates. The appellate court granted the w
• Save THE Dunes Council v. Alexander
  584 F.2d 158· 7th Cir.· 1978-08-21 ·cited 8×
  The court held that the Secretary of the Army has discretionary authority under 33 U.S.C. § 426i to address shore erosion caused by federal navigation works, and this discretion is not subject to enforcement by writ of mandamus. Furthermore, the court found no abuse of discretion
• Davis v. Smith
  607 F.2d 535· 2d Cir.· 1978-08-11 ·cited 8×
• The Nature Conservancy v. MacHipongo Club, Inc.
  579 F.2d 873· 4th Cir.· 1978-07-31 ·cited 8×
  The court granted rehearing in part, modifying its prior decision to stay judgment on certain issues pending a definitive state court ruling on unsettled Virginia statutes.
• Victoriano Rodriguez Diaz v. Stathis
  576 F.2d 9· 1st Cir.· 1978-05-22 ·cited 8×
  The court affirmed the dismissal of claims by plaintiffs involved in pending state criminal proceedings and claims by a plaintiff in a state civil suit, but directed the dismissal of the civil suit plaintiff's claims to be without prejudice.
• Walter and Maria Green v. Philbrook
  576 F.2d 440· 2d Cir.· 1978-05-09 ·cited 8×
  The court held that the Secretary's regulation defining 'applicant' and 'recipient' to include children for AFDC purposes is valid and consistent with federal statute, and therefore the denial of benefits for failure to provide children's Social Security Numbers was permissible.
• Turner v. Walsh
  574 F.2d 456· 8th Cir.· 1978-05-03 ·cited 8×
  The court affirmed the district court's grant of declaratory and injunctive relief regarding AFDC benefit computation notices.
• Marshall v. W. Essex Gen. Hosp.
  575 F.2d 1079· 3d Cir.· 1978-04-28 ·cited 8×
  The court held that Section 14(b) of the ADEA does not apply to enforcement actions brought by the Secretary of Labor.
• Ishmail Muslin ALI (formerly Ishmael X. La Beet) v. Gibson
  572 F.2d 971· 3d Cir.· 1978-03-01 ·cited 8×
  The District Court for the Virgin Islands has jurisdiction to issue a writ of habeas corpus for a prisoner incarcerated outside its territorial limits, provided the claim is brought under Virgin Islands law and jurisdiction is established over the custodian.
• United States v. City OF Philadelphia
  573 F.2d 802· 3d Cir.· 1978-02-27 ·cited 8×
  The court held that the district court did not abuse its discretion in enjoining the hiring of an all-male police class and in ordering transfers of female officers, but erred in denying reinstatement to an officer terminated due to pregnancy.
• Am. Fed'n of Labor & Cong. of Indus. Orgs., Indus. Union Dep't, Afl-Cio v. Marshall
  570 F.2d 1030· D.C. Cir.· 1978-01-20 ·cited 8×
  The court held that a nationwide decree on state OSHA enforcement is impractical and overly ambitious.
• McLOUTH Steel Corp. v. Jewell Coal & Coke Co.
  570 F.2d 594· 6th Cir.· 1978-01-12 ·cited 8×
  The court held that the contract was ambiguous and required consideration of parol evidence and surrounding circumstances for interpretation, disagreeing with the lower court's finding of unambiguous requirements contract.
• Duckett v. Eve Silberman
  568 F.2d 1020· 2d Cir.· 1978-01-06 ·cited 8×
  The court held that the district court's findings of fact were not clearly erroneous in determining that the seller refused to sell for reasons unrelated to race and that the buyers were unwilling to purchase on the seller's specified terms.
• Coon v. Teasdale
  567 F.2d 820· 8th Cir.· 1977-12-21 ·cited 8×
  The court held that 28 U.S.C. § 1341, the federal tax anti-injunction statute, bars federal courts from enjoining state tax collection if a plain, speedy, and efficient remedy exists in state courts.
• Margate Vill. Condo. Ass'n, Inc. v. Wilfred, Inc.
  350 So. 2d 16· Fla. 4th DCA· 1977-09-06 ·cited 8×
  The court affirmed a final judgment for plaintiffs, ordering the defendant condominium association to provide a purchaser or buy the plaintiffs' apartment after the association rejected a prospective buyer based on an age restriction.
• Wehner v. Levi
  562 F.2d 1276· D.C. Cir.· 1977-08-10 ·cited 8×
  The court held that the plaintiff's dismissal did not violate due process because he admitted to violating regulations and there was no factual dispute requiring a hearing.
• Mobil Alaska Pipeline Co. v. United States & the Interstate Commerce Comm'n
  557 F.2d 775· 5th Cir.· 1977-07-29 ·cited 8×
  The Commission lacked the statutory authority to set an interim rate in the manner it did, as it failed to follow congressionally mandated ratemaking procedures and ignored statutory mechanisms for protecting parties.
• League TO Save Lake Tahoe v. Tahoe Reg'l Planning Agency
  558 F.2d 914· 9th Cir.· 1977-07-18 ·cited 8×
  The court held that the developers were properly joined under Rule 20(a) for permissive joinder, and the district court erred in dismissing them from the action.
• Gonzalez v. Young
  560 F.2d 160· 3d Cir.· 1977-07-15 ·cited 8×
  The court held that the district court lacked jurisdiction because the plaintiff's claim, based solely on a conflict between state and federal welfare regulations, did not present a substantial constitutional claim sufficient to invoke jurisdiction under 28 U.S.C. § 1343(3) or (4
• United States v. Warwick Mobile Homes Ests., Inc.
  558 F.2d 194· 4th Cir.· 1977-06-13 ·cited 8×
  The dissenting judge holds that the district court abused its discretion by entering a decree that was inconsistent with the prior appellate panel's views on affirmative relief, failing to adequately address the vestiges of past discrimination.
• Dep't OF Revenue of the State of Fla. v. Leadership Hous., Inc.
  343 So. 2d 611· Fla.· 1977-03-03 ·cited 8×
  The Florida Supreme Court held that capital appreciation in assets is not taxable income until it is realized through a sale or other disposition, even if the appreciation accrued before the constitutional amendment authorizing corporate income tax in 1971. The court reversed the
• Hart v. Sch. Bd. OF Wakulla Cnty.
  340 So. 2d 121· Fla. 1st DCA· 1976-12-14 ·cited 8×
  A teacher successfully challenged his school board's acceptance of his resignation, which he had submitted under duress from administrators and later attempted to withdraw. The court held that a teacher may withdraw a written resignation before the school board accepts it, and th
• Camenisch v. United States
  553 F.2d 1271· D.C. Cir.· 1976-10-07 ·cited 8×
• McCARTHY v. Briscoe
  429 U.S. 1317· U.S.· 1976-09-30 ·cited 8×
  A state cannot preclude independent presidential candidates from ballot access by failing to provide any means for them to demonstrate voter support.
• Mims v. Shapp
  541 F.2d 415· 3d Cir.· 1976-09-01 ·cited 8×
  The court held that the district judge applied the wrong legal standard in ruling on the motion to disqualify, requiring vacation of all proceedings from the date of the motion.
• The Confederated Salish & Kootenai Tribes v. Namen
  534 F.2d 1376· 9th Cir.· 1976-05-12 ·cited 8×
  The court held that allotments of land adjacent to Flathead Lake carried riparian rights of wharfage and access, based on federal common law and congressional intent.
• Gonzalez v. Shanker
  533 F.2d 832· 2d Cir.· 1976-04-09 ·cited 8×
  Administrative and contractual remedies available to the principal were not sufficiently adequate to require exhaustion before filing a federal civil rights action.
• United States v. Warwick Mobile Home Ests., Inc.
  537 F.2d 1148· 4th Cir.· 1976-03-18 ·cited 8×
  The court held that while factual findings regarding discrimination are not clearly erroneous, the district court erred in denying injunctive relief when vestiges of past discrimination remained.
• Maimone v. The Wackenhut Corp.
  329 So. 2d 332· Fla. 3d DCA· 1976-03-09 ·cited 8×
  Maimone appeals an injunction enforcing a non-competition clause in his employment contract with Wackenhut Corporation. The court affirmed the injunction, finding the non-compete agreement valid and enforceable where Maimone voluntarily signed the contract and no material facts w
• Davis v. Davis
  526 F.2d 1286· 5th Cir.· 1976-02-13 ·cited 8×
  A plaintiff seeking injunctive relief under Rule 10b-5 can qualify as a 'seller' even if they have not yet consummated the sale of securities, provided there is a contract to sell and the alleged scheme is 'in connection with' that sale.
• Littleton v. Honorable Arthur O. Fisher and Honorable Harry E. Groves
  530 F.2d 691· 6th Cir.· 1976-02-13 ·cited 8×
  State court judges and referees are immune from suit under 42 U.S.C. § 1983 for actions taken in their judicial capacity.
• Moss v. Weaver
  525 F.2d 1258· 5th Cir.· 1976-01-19 ·cited 8×
  The court held that while juveniles are entitled to a probable cause determination before pretrial detention under the Fourth Amendment, the Constitution does not require adversary safeguards like sworn testimony and cross-examination at this stage.
• Holt Civic Club v. City OF Tuscaloosa
  525 F.2d 653· 5th Cir.· 1975-12-31 ·cited 8×
  The court held that the plaintiffs' constitutional challenge to Alabama statutes creating municipal police jurisdictions was not insubstantial, thus requiring a three-judge court.
• Hattie Kendrick v. Walder
  527 F.2d 44· 7th Cir.· 1975-12-16 ·cited 8×
  The court held that a three-judge district court should have been convened to hear the challenge to the Illinois statute as applied to Cairo, Illinois, because the statute has statewide application and the challenge concerns its constitutionality.
• Inmates OF SAN Diego Cnty. Jail IN Cell Block 3B & Jason Elliot Roman HI v. Duffy
  528 F.2d 954· 9th Cir.· 1975-12-10 ·cited 8×
  The court held that the denial of class certification and preliminary injunctive relief for pretrial detainees is appealable and that the district court erred in applying precedent for convicted prisoners and in denying severance.
• Diamond v. Thompson
  523 F.2d 1201· 5th Cir.· 1975-11-28 ·cited 8×
  The court held that the defendants' challenge to the original injunctive decree was untimely, and the reference to a non-party did not absolve them of their responsibility.
• United States v. Northside Realty Assocs., Inc.
  518 F.2d 884· 5th Cir.· 1975-09-04 ·cited 8×
  The court held that the Attorney General's discretion in determining what constitutes an issue of general public importance under the Fair Housing Act is not subject to judicial review, and that the prior rulings in this case were consistent with intervening precedent.
• Fisher v. The Sec'y OF the United States Dep't OF Health
  522 F.2d 493· 7th Cir.· 1975-09-03 ·cited 8×
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence, and that the constitutional claims lacked merit and jurisdiction was lacking for class action claims.
• Burbank v. Twomey
  520 F.2d 744· 7th Cir.· 1975-08-08 ·cited 8×
  The court held that the prisoner's claims for declaratory and injunctive relief were moot due to the adoption of a new prison regulation that provided the relief sought. The court also held that the prisoner was not entitled to attorney fees.
• Webster v. Mesa
  521 F.2d 442· 9th Cir.· 1975-08-01 ·cited 8×
  The court held that Guam Government Code § 2916, which prohibits voters who signed partisan candidate petitions from signing independent candidate petitions, violates the Equal Protection Clause by unreasonably restricting the rights of independent candidates and voters.
• White v. Fleming
  522 F.2d 730· 7th Cir.· 1975-07-24 ·cited 8×
  The court held that a Milwaukee ordinance prohibiting female employees of Class B taverns from sitting with male patrons or behind the bar violates the Equal Protection Clause of the Fourteenth Amendment.