Injunctive Relief

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

• Indus. Waste Servs., Inc. v. Faircloth Sanitation, Inc.
  643 So. 2d 688· Fla. 3d DCA· 1994-10-12 ·cited 7×
  Florida appellate court reversed a temporary injunction against Industrial Waste Services for failure to specify reasons as required by procedural rule.
• Gersten v. Rundle
  833 F. Supp. 906· S.D. Fla.· 1993-09-14 ·cited 7×
  The court held that the plaintiff failed to state a claim for injunctive relief because the alleged bad faith actions did not rise to the level of an imminent prosecution or infringement of constitutional rights, and federal courts should not interfere with state contempt proceed
• Abbey v. Louis W. Sullivan, M.D.
  978 F.2d 37· 2d Cir.· 1992-09-28 ·cited 7×
  The court held that the 1986 Amendments to the Medicare Act now channel Part B disputes through the Social Security Act's administrative and judicial review process, precluding federal question jurisdiction and requiring exhaustion of administrative remedies.
• United States v. Alky Enters., Inc.
  969 F.2d 1309· 1st Cir.· 1992-07-20 ·cited 7×
  The court held that the Interstate Commerce Commission (ICC) and the United States were not in privity, and therefore, the ICC's prior injunctive action did not bar the United States' subsequent action for civil penalties.
• Comm. FOR THE First Amendment v. Campbell
  962 F.2d 1517· 10th Cir.· 1992-05-06 ·cited 7×
  The court held that the district court properly granted summary judgment on the mootness of injunctive relief claims but erred in dismissing the nominal damages claim. The court also affirmed the denial of the Rule 56(f) motion for discovery.
• Ocean Garden, Inc. v. Marktrade Co., Inc.
  953 F.2d 500· 9th Cir.· 1991-12-31 ·cited 7×
  The court held that it had jurisdiction over the case, both through extraterritorial application of the Lanham Act and because the infringing goods passed through a U.S. foreign trade zone, and affirmed the preliminary injunction.
• Fla. Power Corp. v. Seminole Cnty. & City of Lake Mary
  579 So. 2d 105· Fla.· 1991-05-02 ·cited 7×
  Florida's Supreme Court held that city and county ordinances requiring Florida Power Corporation to convert overhead electrical distribution lines to underground lines are invalid because the Public Service Commission has exclusive jurisdiction over rates and service of public ut
• Roberts v. Madigan
  921 F.2d 1047· 10th Cir.· 1990-12-17 ·cited 7×
  The court held that the school district's actions prohibiting a teacher from reading his Bible and removing religious books from his classroom library violated the Establishment Clause of the First Amendment.
• 1800 Atl. Condo. Ass'n, Inc. v. 1800 Atl. Developers
  569 So. 2d 885· Fla. 3d DCA· 1990-11-13 ·cited 7×
  The court affirmed a temporary injunction preserving the status quo but remanded because an indispensable party (the lessee) was not joined in the proceeding seeking to enjoin performance of a contract.
• Zulema De La Garza Perales v. Casillas
  903 F.2d 1043· 5th Cir.· 1990-06-25 ·cited 7×
• Saturn Distrib. Corp. v. Williams
  905 F.2d 719· 4th Cir.· 1990-06-06 ·cited 7×
  The dissenting judge argues that the majority erred in its preemption analysis by not giving sufficient weight to the presumption against preemption and the specific intent of the Dealer's Day in Court Act (DDCA).
• Marshall v. Sprecher
  559 So. 2d 1280· Fla. 2d DCA· 1990-04-18 ·cited 7×
  A defendant sought a jury trial in a breach of covenant not to compete action where the plaintiff also sought equitable relief (injunction) and damages. The court held that because the factual issue of breach would be determined in the equitable proceeding and would collaterally
• DOE v. City OF Minneapolis
  898 F.2d 612· 8th Cir.· 1990-03-12 ·cited 7×
  The court held that the Minneapolis ordinance requiring removal of doors from adult bookstore viewing booths is a valid time, place, and manner restriction under the First Amendment, serving a significant governmental interest in public health without unduly burdening expression.
• Frio Ice v. SunFruit
  724 F. Supp. 1373· S.D. Fla.· 1989-11-06 ·cited 7×
  The court held that the Perishable Agricultural Commodities Act (PACA) does not grant private parties jurisdiction to seek injunctive relief, and that a prior injunction requiring the establishment of a trust bank account was improper. The court also found that while individuals
• The State OF Nev. v. Samuel K. Skinner Sec'y of Transp. for the United States
  884 F.2d 445· 9th Cir.· 1989-08-31 ·cited 7×
  The court held that conditioning federal highway funds on compliance with a national speed limit is a valid exercise of Congress's Spending Power, and that Congress could have directly mandated such a limit under the Commerce Clause.
• In re Impounded Case (law Firm)
  879 F.2d 1211· 3d Cir.· 1989-07-24 ·cited 7×
  The crime-fraud exception applies to the attorney-client privilege and work product doctrine even when the alleged criminality is solely that of the law firm, but the district court's application of the exception was too broad.
• Pottinger v. City of Miami
  720 F. Supp. 955· S.D. Fla.· 1989-07-21 ·cited 7×
  The court held that the plaintiffs met the requirements for class certification under Rule 23 of the Federal Rules of Civil Procedure, granting their motion.
• City OF Fort Lauderdale v. Canary Enters., Inc.
  546 So. 2d 1114· Fla. 4th DCA· 1989-07-07 ·cited 7×
  The City of Fort Lauderdale appealed a trial court order granting a temporary injunction that prevented enforcement of the city's sign code provisions regulating special promotions and grand openings. The Fourth District reversed, holding that advertising balloons constitute "sig
• Barry v. United States
  865 F.2d 1317· D.C. Cir.· 1989-01-27 ·cited 7×
  The court held that a violation of the secrecy requirement of Rule 6(e)(2) of the Federal Rules of Criminal Procedure is punishable by criminal contempt, not civil contempt.
• Ry. Labor Executives' Ass'n v. S. Ry. Co.
  860 F.2d 1038· 11th Cir.· 1988-11-28 ·cited 7×
  The court held that the Unions' action was time-barred by the six-month statute of limitations applicable to Railway Labor Act claims, borrowed from the National Labor Relations Act.
• Haitian Refugee Ctr., Inc. v. Nelson
  694 F. Supp. 864· S.D. Fla.· 1988-08-22 ·cited 7×
  The court held that it has jurisdiction to hear the case challenging the implementation of the SAW program, and granted the plaintiffs' motion for a preliminary injunction.
• The City OF Coral Gables v. OLD Cutler BAY Homeowners Corp.
  529 So. 2d 1188· Fla. 3d DCA· 1988-07-19 ·cited 7×
  The court held that a city cannot build a fire station on land dedicated for public use if the dedication's terms restrict such a use.
• McLaughlin v. Stineco, Inc.
  697 F. Supp. 436· M.D. Fla.· 1988-06-30 ·cited 7×
  The court held that the defendants violated the Fair Labor Standards Act by failing to pay minimum wages, overtime compensation, and by violating child labor laws and record-keeping requirements.
• Ruben Thorbus, M.D. v. Bowen
  848 F.2d 901· 8th Cir.· 1988-06-07 ·cited 7×
  The court held that the district court did not err in denying injunctive relief because the doctor failed to establish a colorable constitutional claim or irreparable harm, and the administrative procedures were constitutionally sufficient.
• Roat v. Comm'r, Internal Revenue Serv.
  847 F.2d 1379· 9th Cir.· 1988-05-27 ·cited 7×
  The court held that the Commissioner is not required to prepare a tax return on behalf of a taxpayer before issuing a valid notice of deficiency, and that the Anti-Injunction Act bars suits seeking to restrain tax collection when adequate legal remedies exist.
• Varitronics Sys., Inc. v. Merlin Equip., Inc.
  682 F. Supp. 1203· S.D. Fla.· 1988-03-08 ·cited 7×
  The court held that the defendant's use of the name 'Merlin' for its business created a likelihood of confusion, constituting trademark infringement and unfair competition, and granted summary judgment for the plaintiff.
• Fla. Pest Control & Chem. Co. v. Thomas
  520 So. 2d 669· Fla. 1st DCA· 1988-02-24 ·cited 7×
  The Florida District Court of Appeal reversed an injunction that failed to enforce a non-compete clause in an employment contract. The court held that a trial court cannot rewrite or omit provisions from a clear and unambiguous contract, even if it believes a provision is overly
• Mo. Pac. R.R. Co. v. R.R. Comm'n OF Tex.
  833 F.2d 570· 5th Cir.· 1987-12-10 ·cited 7×
  State railroad safety regulations are preempted if they conflict with federal regulations or if federal law occupies the field, but state regulations may be permissible if they address local hazards or cover subjects not yet regulated by the FRA.
• Cont'l Ill. Corp. v. Lewis
  827 F.2d 1517· 11th Cir.· 1987-09-22 ·cited 7×
  Florida statutes prohibiting out-of-state ownership of industrial savings banks are unconstitutional under the Commerce Clause, and a moratorium statute does not moot the case.
• Wilkerson v. Bowen
  828 F.2d 117· 3d Cir.· 1987-08-31 ·cited 7×
  The court held that satisfied claims do not automatically disqualify named plaintiffs from representing a class, and that exhaustion of administrative remedies can be waived when challenges are collateral to substantive claims and irreparable injury would result from enforcement.
• Dooley v. Am. Airlines, Inc.
  797 F.2d 1447· 7th Cir.· 1986-08-05 ·cited 7×
  The court held that changing actuarial assumptions under a plan provision allowing administrator discretion does not constitute a plan amendment under ERISA § 204(g). However, genuine issues of material fact exist regarding whether the new floating interest rate ensured actuarial
• United States v. Yakima Tribal Court of the Yakima Indian Nation & David Ward
  794 F.2d 1402· 9th Cir.· 1986-07-21 ·cited 7×
  The court held that the tribal court's order was void due to the United States' sovereign immunity and that the district court had jurisdiction to enjoin its enforcement.
• Waldron v. Collins
  788 F.2d 736· 11th Cir.· 1986-05-06 ·cited 7×
  The absence of a provision for class actions does not render Georgia's procedures for litigating state income tax questions inadequate under the Tax Injunction Act.
• Miami Herald Publ'g Co. v. Ferre
  606 F. Supp. 122· S.D. Fla.· 1984-12-27 ·cited 7×
  The court held that the defendants' petition for removal was not defective due to nonjoinder and that the right to remove was not waived by filing an answer in state court.
• City OF Hollywood v. Litteral
  446 So. 2d 1152· Fla. 4th DCA· 1984-03-14 ·cited 7×
  The City of Hollywood appeals a summary judgment ordering reinstatement of a former community service officer with back pay. The court reversed, holding that the officer was not a law enforcement officer under Florida's Police Officers' Bill of Rights and that the circuit court l
• Nat'l Football League v. Alley, Inc.
  624 F. Supp. 6· S.D. Fla.· 1983-12-29 ·cited 7×
  Defendants violated Section 605 of the Federal Communications Act by intercepting and publicly showing private satellite transmissions of NFL games without authorization, warranting injunctive relief.
• Silver v. Woolf
  694 F.2d 8· 2d Cir.· 1982-11-15 ·cited 7×
  A state may require an interstate debt collection agency to obtain a license to enforce its otherwise valid regulatory scheme, especially when Congress has indicated approval of such state regulation.
• Nat'l Fed'n of Fed. Emps. v. Devine
  679 F.2d 907· D.C. Cir.· 1981-12-21 ·cited 7×
  The court held that the Office of Personnel Management (OPM) acted within its statutory authority and in a reasonable manner when ordering benefit reductions to comply with budget limitations, and that the district court erred in finding an abuse of discretion.
• Mid-Fla Coin Exch., Inc. v. Griffin
  529 F. Supp. 1006· M.D. Fla.· 1981-12-16 ·cited 7×
  The court held that abstention doctrines (Pullman and Younger) were not applicable, and plaintiffs were entitled to preliminary injunctive relief regarding the challenged statutes.
• Curless v. The Cnty. OF Clay
  395 So. 2d 255· Fla. 1st DCA· 1981-03-13 ·cited 7×
  Property owners Lester and Alba Curless sought rezoning of their land in Clay County, Florida from residential to business use. When both the Zoning Commission and Clay County Commission denied their application, they challenged the denial as arbitrary and unconstitutional. The c
• Letcher Adams and Claude Alston v. Harris
  643 F.2d 995· 4th Cir.· 1981-02-27 ·cited 7×
  The court held that the stock paragraph notices of Social Security disability denial at the reconsideration stage were constitutionally adequate, satisfying due process and statutory requirements.
• Liesen v. La. Power & Light Co.
  636 F.2d 94· 5th Cir.· 1981-02-02 ·cited 7×
  A private litigant cannot seek enforcement of the Atomic Energy Act or its attendant agency standards and regulations through a suit for injunctive relief in federal district court.
• Fla. Bd. OF Bus. Reg. v. Nat'l Labor Relations Bd.
  605 F.2d 916· 5th Cir.· 1979-11-02 ·cited 7×
  The court held that the State's claim for declaratory relief was not moot because the National Labor Relations Board's assertion of jurisdiction over the Florida jai alai industry presented a live controversy capable of repetition, yet evading review.
• Inland OIL & Transp. Co. v. United States
  600 F.2d 725· 8th Cir.· 1979-06-29 ·cited 7×
  The court held that the district court did not abuse its discretion in denying injunctive and declaratory relief, nor did it err in granting summary judgment for the defendants on the damages claim.
• Ala. Hosp. Ass'n v. Califano
  587 F.2d 762· 5th Cir.· 1979-01-12 ·cited 7×
  The district court acted without subject matter jurisdiction because the Medicare Act, through 42 U.S.C. § 405(h), bars review of HEW's reimbursement procedures in federal district courts.
• Jefferson Nat'l Bank OF Miami Beach v. Lewis
  348 So. 2d 348· Fla. 1st DCA· 1977-06-30 ·cited 7×
• Homeowners Emergency Life Prot. Comm. v. Lynn
  541 F.2d 814· 9th Cir.· 1976-08-12 ·cited 7×
  The court held that Section 405 of the Federal Disaster Relief Act of 1974 does not apply retroactively to this project, and that the adequacy of the Environmental Impact Statement (EIS) requires further factual inquiry by the district court.
• United States v. Ancorp Nat'l Servs., Inc.
  516 F.2d 198· 2d Cir.· 1975-03-21 ·cited 7×
  The court held that the FTC's cease and desist order, which prohibited receiving disproportionate promotional allowances from suppliers, applied to newspapers, and that the district court did not abuse its discretion in assessing civil penalties and issuing an injunction.
• Gajon BAR & Grill, Inc. v. Kelly
  508 F.2d 1317· 2d Cir.· 1974-12-05 ·cited 7×
  The court held that federal courts should not interfere with pending state court proceedings unless absolutely necessary to prevent irreparable injury to constitutional rights, and that a corporation does not possess First Amendment free speech rights.
• Jones v. Wade
  504 F.2d 428· 5th Cir.· 1974-11-18 ·cited 7×
  The court reaffirms its prior judgment reversing and remanding the case.