Injunctive Relief

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

• Carnahan v. Alexander Proudfoot Co. World Headquarters
  581 So. 2d 184· Fla. 4th DCA· 1991-05-22 ·cited 6×
  The court held that while the non-compete agreement was enforceable, the injunction's geographic scope was improperly extended to New Zealand without sufficient evidence.
• E-Systems v. A.W. Pogue
  929 F.2d 1100· 5th Cir.· 1991-05-01 ·cited 6×
  The Tax Injunction Statute does not bar federal court jurisdiction when ERISA preempts state law claims concerning state taxes.
• Z Channel Ltd. P'ship v. Home BOX Off., Inc.
  931 F.2d 1338· 9th Cir.· 1991-04-30 ·cited 6×
  The court held that the plaintiff's claim for damages was properly before the appellate court and that there was sufficient evidence to support a coercion theory, despite the dissent's arguments to the contrary.
• Bouldin v. Okaloosa Cnty.
  580 So. 2d 205· Fla. 1st DCA· 1991-04-29 ·cited 6×
  Property owners and business operators challenged Okaloosa County's resolution vacating a portion of Old U.S. 98, alleging procedural violations and abuse of discretion. The trial court dismissed the amended complaint for lack of standing and failure to state a cause of action, b
• Nat'l R.R. Passenger Corp. v. State
  929 F.2d 1532· 11th Cir.· 1991-04-11 ·cited 6×
  The court held that a claim of federal preemption does not fall within the exceptions to the Anti-Injunction Act, and thus the district court erred in enjoining the state prosecution based on preemption alone.
• First Fed. Sav. Bank & Tr. v. Ryan
  927 F.2d 1345· 6th Cir.· 1991-03-12 ·cited 6×
  The court held that the issue of whether OTS's enforcement of regulations abrogated First Federal's prior contract regarding supervisory goodwill is ripe for judicial review.
• Total Plan Servs., Inc. v. Tex. Retailers Ass'n, Inc.
  925 F.2d 142· 5th Cir.· 1991-03-06 ·cited 6×
  The federal district court correctly dismissed the complaint because the Anti-Injunction Act prohibits federal courts from enjoining state court proceedings, even when federal law may preempt the state claims.
• Equal Emp. Opportunity Comm'n v. Kerrville BUS Co., Inc.
  925 F.2d 129· 5th Cir.· 1991-03-04 ·cited 6×
  An order dismissing counterclaims seeking injunctive relief is not an order refusing an injunction for purposes of interlocutory appeal under 28 U.S.C. § 1292(a)(1) unless the district court specifically denied the injunction, and the collateral order doctrine does not apply if n
• Peyote WAY Church OF GOD, Inc. v. Thornburgh
  922 F.2d 1210· 5th Cir.· 1991-02-06 ·cited 6×
  The dissent would hold that the exemption for Native American Church members violates the constitutional bar against establishing religion and would reverse the district court's judgment upholding the exemption.
• Brookridge Cmty. Prop. Owners, Inc. v. Brookridge, Inc.
  573 So. 2d 972· Fla. 5th DCA· 1991-01-24 ·cited 6×
  Brookridge Community Property Owners, Inc. imposed age restrictions (55+ years) on an existing retirement community through amended deed restrictions in 1988, exempting approximately 60% of lots that already had completed improvements. The appellate court affirmed that BCPO lacke
• Ray v. United States Dep't of Just.
  770 F. Supp. 1544· S.D. Fla.· 1990-12-17 ·cited 6×
  The court held that a routine administrative backlog due to a high volume of requests does not constitute 'exceptional circumstances' under FOIA, and the INS's failure to prioritize urgent requests means it has not exercised 'due diligence'.
• Integrated Cash Mgmt. Servs., Inc. v. Digit. Transactions, Inc.
  920 F.2d 171· 2d Cir.· 1990-12-04 ·cited 6×
  The court held that the arrangement and combination of non-secret utility programs can constitute a protectable trade secret, and affirmed the district court's injunctions.
• In re Cap. Cities/ABC, Inc.
  918 F.2d 140· 11th Cir.· 1990-11-02 ·cited 6×
  The court held that ordering the production of a "shooting script" for a television movie, even before broadcast, does not constitute an unconstitutional prior restraint when balanced against copyright infringement concerns.
• Lakeview Dev. Corp. v. City OF S. Lake Tahoe
  915 F.2d 1290· 9th Cir.· 1990-09-28 ·cited 6×
  A developer's vested right to complete a project is lost if they unreasonably delay proceeding with development after obtaining preliminary permits, even if the project was initially conceived as unitary.
• Caroline T. v. Hudson Sch. Dist.
  915 F.2d 752· 1st Cir.· 1990-09-25 ·cited 6×
  The court held that allowing a school district to employ a private court reporter to make an unofficial stenographic transcript or electronic recording of a special education hearing does not violate the due process rights of an educationally handicapped child or their parents.
• R.R. Donnelley & Sons Co. v. Prevost
  915 F.2d 787· 2d Cir.· 1990-09-24 ·cited 6×
  A state law requiring employers to continue accident, health, or life insurance coverage for employees receiving workers' compensation is not preempted by ERISA if it falls within the ERISA exemption for plans maintained solely to comply with workers' compensation laws.
• United States v. City OF Columbia
  914 F.2d 151· 8th Cir.· 1990-09-12 ·cited 6×
  The court held that the City's 'payment in lieu of taxes' (PILOT) charge is a profit component of its utility rate, not an unconstitutional tax on the federal government.
• Scott v. Flowers
  910 F.2d 201· 5th Cir.· 1990-08-20 ·cited 6×
  The dissenting judge holds that the plaintiff's section 1983 suit is barred under the rationale of Thomas v. Kadish because the Texas Commission on Judicial Conduct functioned as a court and review was available, and the reprimand was a non-actionable expression of opinion.
• Ukiah Valley Med. Ctr. v. Fed. Trade Comm'n
  911 F.2d 261· 9th Cir.· 1990-08-13 ·cited 6×
  The court held that the FTC's issuance of an administrative complaint does not constitute final agency action and is therefore not subject to judicial review prior to the conclusion of administrative proceedings.
• Gayle Mfg. Co., Inc. v. Fed. Sav. & Loan Ins. Corp. for State Fed. Sav. & Loan Ass'n
  910 F.2d 574· 9th Cir.· 1990-08-03 ·cited 6×
  The court held that a mechanic's lien claimant is not barred from equitable relief due to a mutual mistake regarding available remedies, even if the statutory foreclosure period has passed, and that FSLIC, as receiver, does not have exclusive jurisdiction to adjudicate claims aga
• Ortega Util. Co. v. City OF Jacksonville
  564 So. 2d 1156· Fla. 1st DCA· 1990-07-06 ·cited 6×
  Ortega Utilities Company challenged the City of Jacksonville's construction of sewage and water facilities in a previously unserved area, arguing the City violated Florida Statute § 180.06 which requires consent from adjacent utility operators before constructing similar faciliti
• Guevara v. Immigr. & Naturalization Serv.
  902 F.2d 394· 5th Cir.· 1990-06-05 ·cited 6×
  The court held that alien detainees working for the INS are not covered by the Fair Labor Standards Act and that the statute allowing their compensation is constitutional.
• Henne v. Wright
  904 F.2d 1208· 8th Cir.· 1990-05-23 ·cited 6×
  The court held that parents have a fundamental right to name their children, and the state's interest in administrative convenience is not compelling enough to override this right.
• Rocky v. King
  900 F.2d 864· 5th Cir.· 1990-05-15 ·cited 6×
  A class action is moot if the named plaintiff's individual claim became moot before the district court ruled on class certification, and the claim does not fit the 'capable of repetition, yet evading review' exception.
• Eagle-Picher Indus., Inc. v. United States
  901 F.2d 1530· 10th Cir.· 1990-04-30 ·cited 6×
  The court held that the district court lacked subject-matter jurisdiction because Eagle-Picher's suit against the United States, seeking to enjoin a contract resolicitation, was essentially a claim for money founded upon a government contract, which falls under the exclusive juri
• Ry. Labor Executives' Ass'n v. The City OF Galveston
  897 F.2d 164· 5th Cir.· 1990-03-14 ·cited 6×
  The Railway Labor Act's Section 6 does not require a carrier to give notice or bargain, nor does it prohibit a transaction, if the transaction itself does not change existing agreements affecting rates of pay, rules, or working conditions.
• Cenvill Invs., Inc. v. Condo. Owners Org. OF Century Vill. E., Inc.
  556 So. 2d 1197· Fla. 4th DCA· 1990-02-14 ·cited 6×
  Appellants (lessors of recreational facilities) challenged the constitutionality of Florida Statute § 718.401(4)(a), which required rent to be paid into the court registry in disputes between lessors and lessees of condominium facilities. The court held the statute constitutional
• Holloway Constr. Co. v. United States Dep't OF Labor
  891 F.2d 1211· 6th Cir.· 1989-12-15 ·cited 6×
  A district court may sua sponte raise the doctrine of res judicata to dismiss an action, even if not pleaded as an affirmative defense by the defendant, in the interest of judicial economy.
• Gregory v. City OF Alachua
  553 So. 2d 206· Fla. 1st DCA· 1989-10-30 ·cited 6×
  The Gregorys challenged two development orders rezoning neighboring property from agricultural to commercial and mobile home park uses, asserting the City failed to make required findings of consistency with its comprehensive plan. The trial court rendered judgment for the defend
• Int'l Paper Co. v. The Inhabitants OF THE Town OF JAY
  887 F.2d 338· 1st Cir.· 1989-10-10 ·cited 6×
  The court held that a municipal ordinance is not a 'statute of the State' for purposes of 28 U.S.C. § 2403(b), and that permissive intervention under Rule 24(b) requires an independent jurisdictional basis, which the state lacked when seeking to intervene solely on state law issu
• OIL, Chem. & Atomic Workers Int'l Union, AFL-CIO v. Amoco OIL Co. (Salt Lake City Refinery)
  885 F.2d 697· 10th Cir.· 1989-09-15 ·cited 6×
  The court held that federal courts should not decide the merits of a labor dispute, even when considering injunctive relief pending arbitration, as this encroaches on the arbitrator's jurisdiction.
• Sec. Indus. Ass'n v. Clarke
  885 F.2d 1034· 2d Cir.· 1989-09-08 ·cited 6×
  The court held that the Securities Industry Association (SIA) has standing to challenge the Comptroller's decision and that the Comptroller's interpretation of the Glass-Steagall Act regarding mortgage pass-through certificates was reasonable, vacating the district court's judgme
• NEW ERA Publ'ns Int'l v. Holt
  884 F.2d 659· 2d Cir.· 1989-08-29 ·cited 6×
  The dissenting judges argue that the panel opinion's language risks misunderstanding copyright law regarding fair use of unpublished works and the availability of injunctions, even though the panel's specific holding was narrow.
• PAN Am. Co. v. Sycuan Band OF Mission Indians
  884 F.2d 416· 9th Cir.· 1989-08-28 ·cited 6×
  The court held that the arbitration clause in the management agreement did not unequivocally waive the Sycuan Band of Mission Indians' tribal sovereign immunity, thus the district court lacked jurisdiction.
• Lowry Fed. Credit Union v. West
  882 F.2d 1543· 10th Cir.· 1989-08-18 ·cited 6×
  A debtor's failure to comply with the mandatory requirements of 11 U.S.C. § 521(2) does not automatically grant a secured creditor the right to repossess collateral. A bankruptcy court may permit debtors to retain collateral conditioned upon performance of contractual duties if n
• Biegenwald v. Fauver
  882 F.2d 748· 3d Cir.· 1989-08-11 ·cited 6×
  The court held that abstention was improper because there is substantial doubt the plaintiff could obtain a construction of the relevant state statute in any state proceeding.
• United States v. Gen. Motors Corp.
  876 F.2d 1060· 1st Cir.· 1989-06-07 ·cited 6×
  The court held that the four-month deadline for EPA action on original State Implementation Plans (SIPs) also applies to proposed revisions, and that failure to meet this deadline does not automatically bar EPA enforcement of an existing SIP, but allows for penalty adjustments ba
• Schloss v. Patrolman Bouse
  876 F.2d 287· 2d Cir.· 1989-05-30 ·cited 6×
  A prosecutor is entitled to absolute immunity from a damages suit challenging a demand for a release in exchange for a decision not to prosecute, as this is considered a prosecutorial function.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• L.H. Hough v. Stewart
  543 So. 2d 1279· Fla. 5th DCA· 1989-05-11 ·cited 6×
  A notice of lis pendens, even if it expires before final judgment, remains effective against a purchaser who acquired an interest while the notice was in effect and validated by appeal.
• Lubavitch OF Iowa, Inc. v. Walters
  873 F.2d 1161· 8th Cir.· 1989-05-08 ·cited 6×
• Myron Mann v. Hendrian
  871 F.2d 51· 7th Cir.· 1989-03-02 ·cited 6×
  A plaintiff lacks standing to sue a judge for injunctive relief regarding alleged constitutional violations in a past contempt proceeding if the likelihood of facing the same judge in a future, similar proceeding is speculative.
• Smith v. Butterworth
  866 F.2d 1318· 11th Cir.· 1989-02-27 ·cited 6×
  The court held that Florida Statute § 905.27 is unconstitutional as applied to witnesses who disclose their own grand jury testimony after an investigation has concluded.
• The Student Gov't Ass'n v. The Bd. OF Trs. OF the Univ. OF Mass.
  868 F.2d 473· 1st Cir.· 1989-02-21 ·cited 6×
  The court held that the university's decision to cease subsidizing student litigation services, rather than restricting students' First Amendment rights, was permissible under the First Amendment, as the university was acting as a speaker and subsidizer, not a regulator of a foru
• Melvin v. Nickolopoulos
  864 F.2d 301· 3d Cir.· 1988-12-30 ·cited 6×
  The court held that a prisoner's claim for damages for unlawful detention and denial of parole, even if related to a habeas corpus claim, should be treated as a civil rights action under 42 U.S.C. § 1983 and not dismissed for failure to exhaust state remedies.
• Esparza v. Valdez
  862 F.2d 788· 10th Cir.· 1988-11-29 ·cited 6×
  The court held that claims for prospective relief were moot due to intervening developments and that claims for past benefits were barred by the Eleventh Amendment. Plaintiffs were not prevailing parties and thus not entitled to attorney's fees.
• ANR Pipeline Co. v. The Corp. Comm'n OF the State OF Okla.
  860 F.2d 1571· 10th Cir.· 1988-11-09 ·cited 6×
  The court held that Oklahoma's ratable take statute and implementing regulation are preempted by federal law, and the district court properly exercised jurisdiction.
• Pallen v. Richardson
  531 So. 2d 1043· Fla. 3d DCA· 1988-10-04 ·cited 6×
  Court reversed an injunction against two dentists who locked out a third from their joint practice, holding that monetary damages provide an adequate remedy at law and the plaintiff failed to demonstrate irreparable harm.
• Keith v. Volpe
  858 F.2d 467· 9th Cir.· 1988-09-19 ·cited 6×
  The court held that the district court did not abuse its discretion in permitting the filing of a supplemental complaint.
• Carter v. Broadlawns Med. Ctr.
  857 F.2d 448· 8th Cir.· 1988-09-13 ·cited 6×
  The court held that a county hospital may constitutionally hire a chaplain to provide pastoral care as part of a wholistic treatment approach, and that restrictions imposed by the lower court based solely on patient immobility should be lifted.