Injunctive Relief

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

• City OF Pompano Beach v. Haggerty
  530 So. 2d 1023· Fla. 4th DCA· 1988-08-31 ·cited 6×
  The City of Pompano Beach appealed a permanent injunction against enforcement of ordinances prohibiting private structures in public rights-of-way, granted to homeowner Timothy Haggerty who constructed an elaborate mailbox structure. The court reversed, holding that the city's or
• Rodriguez-Burgos v. Elec. Energy Auth.
  853 F.2d 31· 1st Cir.· 1988-08-03 ·cited 6×
  The court affirmed the district court's grant of qualified immunity to the defendants, finding that the plaintiff's former position as Head of the Supplies Division at PREPA was not clearly protected against politically motivated dismissal as of January 1985. However, the court v
• Marozsan v. The United States & the Veterans' Admin.
  852 F.2d 1469· 7th Cir.· 1988-07-25 ·cited 6×
  The court should vacate the judgment and dismiss the complaint due to lack of jurisdiction over the damages claim.
• Sierra Club v. Union OIL Co. OF Cal.
  853 F.2d 667· 9th Cir.· 1988-07-25 ·cited 6×
  The court reinstated its prior judgment finding liability for past violations but amended it to require the plaintiff to prove ongoing violations or the likelihood of future violations before penalties can be assessed.
• Flowers Indus. v. Fed. Trade Comm'n
  849 F.2d 551· 11th Cir.· 1988-07-13 ·cited 6×
  The court held that Flowers failed to demonstrate irreparable harm and that the case was not ripe for judicial review because the FTC had not yet initiated enforcement proceedings.
• Int'l Bhd. OF Elec. Workers v. Sign-Craft, Inc.
  851 F.2d 910· 7th Cir.· 1988-07-05 ·cited 6×
  The court held that federal jurisdiction under Section 301 of the LMRA is proper as long as a plaintiff alleges a breach of a labor contract, even if the defendant disputes the contract's validity.
• USAA Fed. Sav. Bank v. McLAUGHLIN
  849 F.2d 1505· D.C. Cir.· 1988-06-24 ·cited 6×
  The court held that the agency's assertion of jurisdiction over the bank was not a "definitive statement" of position and thus not final agency action, requiring the bank to exhaust administrative remedies.
• Alton & S. Lodge NO. 306 Bhd. Ry. Carmen OF the United States & Canada v. The Alton & S. Ry. Co.
  849 F.2d 1111· 8th Cir.· 1988-06-21 ·cited 6×
  The court held that the dispute was minor, and thus the district court did not err in denying injunctive relief and dismissing the complaint.
• Beck v. Lynaugh
  842 F.2d 759· 5th Cir.· 1988-04-18 ·cited 6×
  The court held that the dismissal of claims regarding unconstitutional living conditions and denial of religious services was erroneous, but the dismissal of other claims was appropriate.
• Indus. Safety Equip. Ass'n, Inc. v. Env't Prot. Agency
  837 F.2d 1115· D.C. Cir.· 1988-01-19 ·cited 6×
  The court held that the NIOSH/EPA Guide's respirator recommendations do not constitute reviewable agency action under the Administrative Procedure Act or a deprivation of property interests under the Fifth Amendment.
• Pub. Serv. Co. OF NEW Hampshire v. Town OF W. Newbury
  835 F.2d 380· 1st Cir.· 1987-12-16 ·cited 6×
  The court held that the company failed to demonstrate a likelihood of irreparable harm or success on the merits, and therefore the denial of a preliminary injunction was not an abuse of discretion.
• City OF Naples Airport Auth. v. Collier Dev. Corp.
  515 So. 2d 1058· Fla. 2d DCA· 1987-11-25 ·cited 6×
  The City of Naples Airport Authority appealed a cost judgment awarding CDC $39,497.96 as the prevailing party in a declaratory judgment action challenging the county's zoning decisions. The court held that section 57.041 governs cost awards in judicial actions and is not limited
• Int'l Ass'n OF MacHinists & Aerospace Workers v. SOO Line R.R. Co.
  833 F.2d 730· 8th Cir.· 1987-11-12 ·cited 6×
  The court held that the Soo Line's unilateral offer of voluntary separation agreements to union members violated the Railway Labor Act's notice and bargaining procedures, and that the district court had jurisdiction to enjoin such actions.
• Klein Indep. Sch. Dist. v. Mattox
  830 F.2d 576· 5th Cir.· 1987-10-22 ·cited 6×
  The court held that a public school teacher's college transcript is not protected by FERPA, and the public's interest in evaluating teacher competence outweighs the teacher's privacy interest in the transcript.
• Moses v. Cnty. OF Kenosha
  826 F.2d 708· 7th Cir.· 1987-08-17 ·cited 6×
  The court held that the district court erred in dismissing the entire action after adjudicating the federal constitutional claim and abstaining on the state law claim.
• Merrell v. Bonita Springs Golf Course, Ltd.
  512 So. 2d 974· Fla. 2d DCA· 1987-07-31 ·cited 6×
  Two directors of a dissolved corporation seek review of an injunction preventing them from collecting a judgment in a related case. The appellate court reversed, holding that the trial court lacked authority to issue the injunction without proper pleadings, notice, or an underlyi
• Fujikawa v. Gushiken
  823 F.2d 1341· 9th Cir.· 1987-07-30 ·cited 6×
  A union trustee is not required to exhaust internal administrative remedies before filing suit in federal court to enforce statutory fiduciary duties under ERISA and LMRA, even if a deadlock provision exists.
• James v. United States Dep't of Health & Human Servs.
  824 F.2d 1132· D.C. Cir.· 1987-07-24 ·cited 6×
  The court held that the claims against the Department of Health and Human Services were moot due to the expiration of grants and contracts, and that the claims against the Department of the Interior required exhaustion of administrative remedies. The court affirmed the district c
• Young v. Pierce
  822 F.2d 1368· 5th Cir.· 1987-07-20 ·cited 6×
  The court vacated the district court's orders for an interim injunction and appointment of a special master, remanding for reconsideration in light of a partial settlement between the parties.
• Green v. McCALL
  822 F.2d 284· 2d Cir.· 1987-06-24 ·cited 6×
  The court held that post-Drayton Supreme Court decisions have not undermined Drayton's conclusion that a parole grantee has a protectable liberty interest, nor have they invalidated the procedural due process requirements established in Drayton for parole rescission hearings.
• Pursley v. City OF Fayetteville
  820 F.2d 951· 8th Cir.· 1987-06-10 ·cited 6×
  The dissenting judge believes the residential picketing ordinance is constitutionally valid and not facially overbroad.
• Shaw v. Valdez
  819 F.2d 965· 10th Cir.· 1987-05-26 ·cited 6×
  The court held that Colorado's unemployment compensation notice procedure, which provided only a general statement of issues to be heard, violated the 'fair hearing' requirement of 42 U.S.C. § 503(a)(3) by failing to provide adequate notice of the specific factual and legal issue
• Adams v. Barton
  507 So. 2d 665· Fla. 1st DCA· 1987-05-07 ·cited 6×
  A prison inmate challenged an internal operating procedure limiting television viewing as an unpromulgated rule and unconstitutional delegation of authority. The court affirmed the trial court's summary denial, holding that IOPs are not rules subject to Administrative Procedure A
• Segundo v. City OF Rancho Mirage
  813 F.2d 1387· 9th Cir.· 1987-04-02 ·cited 6×
  Local rent control ordinances are preempted by federal law when applied to a mobile home park operated by a non-Indian entity on Indian trust lands, due to the comprehensive federal regulatory scheme governing such leases.
• The Me. Cent. R.R. Co. & the Portland Terminal Co. v. Brotherhood OF Maintenance OF WAY Employees
  813 F.2d 484· 1st Cir.· 1987-03-10 ·cited 6×
  The court held that the Act imposing a moratorium on changes in employment conditions was constitutional and affirmed the district court's decision.
• Graham v. Teledyne-Continental Motors
  805 F.2d 1386· 9th Cir.· 1986-12-10 ·cited 6×
  The court held that the NTSB did not abuse its discretion in denying the estate's representative participation in the engine teardown investigation, nor did it violate due process.
• Miller v. NYS Pub. Serv. Comm'n & Jamaica Water Co.
  807 F.2d 28· 2d Cir.· 1986-12-08 ·cited 6×
  The district court lacked subject matter jurisdiction under the Johnson Act to award damages for a state-approved utility rate, even if the rate was challenged due to a drought emergency.
• State v. Hendry Corp.
  500 So. 2d 218· Fla. 1st DCA· 1986-11-18 ·cited 6×
  The Florida Department of Transportation sought certiorari review to quash a circuit court order denying its motion to dismiss Hendry Corporation's complaint challenging DOT bidding procedures that included Women Business Enterprise (WBE) requirements. The court held that while f
• United States v. Jones & Laughlin Steel Corp.
  804 F.2d 348· 6th Cir.· 1986-11-03 ·cited 6×
  The court held that the district court abused its discretion by conditioning approval of a consent decree on a payment to a third party (City of Cleveland) that lacked a legal basis for its claim.
• Brotherhood OF Maintenance OF WAY Employees v. Guilford Transp. Indus., Inc.
  803 F.2d 1228· 1st Cir.· 1986-10-28 ·cited 6×
  The Railway Labor Act (RLA) does not override the Norris-LaGuardia Act to permit enjoining secondary picketing by a labor organization that has exhausted RLA procedures for a major dispute.
• In re Franklin v. Franklin
  802 F.2d 324· 9th Cir.· 1986-10-10 ·cited 6×
  A bankruptcy court retains jurisdiction to construe its own prior orders, even after the underlying bankruptcy proceeding has been dismissed, if the action arises under Title 11.
• Middle S. Energy, Inc. v. The City OF NEW Orleans & the Council of the City of New Orleans
  800 F.2d 488· 5th Cir.· 1986-09-24 ·cited 6×
  The court held that the dispute was not ripe for adjudication because the City had not yet exercised its option to purchase NOPSI.
• Janus Films, Inc. v. Herbert Miller d.b.a. Cable Films
  801 F.2d 578· 2d Cir.· 1986-09-15 ·cited 6×
  A judgment entered after a settlement should reflect the true terms of the parties' agreement, especially in cases involving public interests, and injunctive relief must not exceed the scope of the settlement.
• Jones v. Honorable David L. Wilkinson
  800 F.2d 989· 10th Cir.· 1986-09-08 ·cited 6×
  The court held that federal law preempts state regulation of cable television programming content, and that a party's ability to pay attorney's fees is not a special circumstance to deny an award under 42 U.S.C. § 1988.
• NEW Jersey Citizen Action & the N.J. League of Conservation Voters v. Edison Twp.
  797 F.2d 1250· 3d Cir.· 1986-08-05 ·cited 6×
  The majority opinion violates the court's Internal Operating Procedures by contradicting a prior panel decision, and the fingerprinting requirement is constitutional.
• Crest Tankers, Inc. v. Nat'l Mar. Union OF Am.
  796 F.2d 234· 8th Cir.· 1986-07-15 ·cited 6×
  The court held that the alter ego doctrine is not limited to discontinued employers and can apply to ongoing businesses, reversing the district court's refusal to consider it.
• Valdes v. Planned Inv. Ass'n, Inc.
  490 So. 2d 1067· Fla. 3d DCA· 1986-07-08 ·cited 6×
  The appellate court reversed a final judgment awarding injunctive relief because the trial court lacked jurisdiction to issue it after already entering a final judgment for damages without reserving jurisdiction. The court found that a later nunc pro tunc amendment to include the
• Harrison W. Corp. v. United States
  792 F.2d 1391· 9th Cir.· 1986-06-25 ·cited 6×
  The court held that the execution of a second contract covering the same subject matter as a prior contract, without reservation of rights, constitutes an abandonment of claims under the first contract, rendering the appeal moot.
• Fugate v. Phoenix Civil Serv. Bd.
  791 F.2d 736· 9th Cir.· 1986-06-10 ·cited 6×
  The court held that the officers' extramarital relationships were not protected by the constitutional right of privacy because the conduct was not purely private and the officers failed to demonstrate a reasonable expectation of privacy.
• Brooks v. Chicago Downs Ass'n, Inc.
  791 F.2d 512· 7th Cir.· 1986-05-20 ·cited 6×
  Under Illinois law, the operator of a private horse race track has the absolute right to exclude a patron for any reason, or no reason, except for reasons of race, color, creed, national origin, or sex.
• Satellite Dev. Corp. v. Tortoise Island Homeowner's Ass'n, Inc.
  487 So. 2d 1157· Fla. 5th DCA· 1986-04-24 ·cited 6×
  The court reversed a temporary injunction against a developer's use of a private road, holding that the developer's platted easement for ingress and egress was valid and the homeowner's association failed to establish the prerequisites for injunctive relief.
• Raulerson v. United States
  786 F.2d 1090· 11th Cir.· 1986-04-15 ·cited 6×
  The court held that the federal courts lack subject matter jurisdiction because the United States has not waived sovereign immunity for suits seeking to compel the IRS to foreclose on specific property or determine priority between government agencies.
• United States v. Akers
  785 F.2d 814· 9th Cir.· 1986-03-26 ·cited 6×
  The court held that the farmer's extensive wetland alteration activities, aimed at converting them to farmland, were not exempt from Clean Water Act permit requirements and affirmed the preliminary injunction.
• Esther v. Reigh and Ivery Mae Simpkins and David Michael Simpkins and Lenora C. Dannie
  784 F.2d 1191· 4th Cir.· 1986-03-04 ·cited 6×
  The court should dismiss the action for want of a case or controversy under Article III of the Constitution.
• The Great Am. Houseboat Co. v. The United States
  780 F.2d 741· 9th Cir.· 1986-01-09 ·cited 6×
  The court held that the Forest Service's regulations prohibiting commercial use of houseboats were not unconstitutionally vague as applied to GAHC's timeshare program, and the application of these regulations did not violate equal protection.
• Nat'l Ass'n OF Sporting Goods Wholesalers, Inc. v. F.T.L. Mktg. Corp.
  779 F.2d 1281· 7th Cir.· 1985-12-19 ·cited 6×
  A trade association may, without cause, prohibit an associate member from exhibiting at its trade shows if the relationship is contractual and the association reserves this right, unless the association possesses monopolistic power or its actions violate substantive law.
• Nat'l Forge Co. v. The United States
  779 F.2d 665· Fed. Cir.· 1985-12-12 ·cited 6×
  Subject matter jurisdiction for claims alleging breach of an implied contract to fairly consider a bid rests on 28 U.S.C. § 1491(a)(1), not (a)(3).
• Pomerantz v. Woodlands Section 8 Ass'n, Inc.
  479 So. 2d 794· Fla. 4th DCA· 1985-12-04 ·cited 6×
  The Pomerantzes challenged a deed restriction in their Woodlands Section 8 home that prohibited permanent residents under age 16, claiming it was unconstitutional after they had a baby in 1983. The court affirmed the enforcement of the restriction, holding that age-based housing
• Durkin v. The Nat'l Bank OF Olyphant
  772 F.2d 55· 3d Cir.· 1985-09-12 ·cited 6×
  Shareholders of national banks have a right to nominate candidates for director under 12 U.S.C. § 61, and a bank cannot retroactively disqualify a nominee by amending by-laws without providing a reasonable opportunity for a new nomination.
• Jersey Cent. Power & Light Co. v. The State OF NEW Jersey & Irwin I. Kimmelman
  772 F.2d 35· 3d Cir.· 1985-09-06 ·cited 6×
  The court held that the appeal from the grant of injunctive and declaratory relief is moot because the shipping campaign has concluded, but the case is remanded to the district court to consider the reserved claims for damages and attorney's fees.