Injunctive Relief

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

• Carter v. City OF Salina & the Salina City Council
  773 F.2d 251· 10th Cir.· 1985-09-03 ·cited 6×
  The court should not apply the 'clearly erroneous' standard of Fed.R.Civ.P. 52(a) to review a district court's interpretation of state law.
• Carmela Marengo & Marengo Interiors, Inc. v. Prop. Mgmt. Inc. OF S. Fla.
  472 So. 2d 1388· Fla. 4th DCA· 1985-07-31 ·cited 6×
  Marengo appeals a temporary injunction granted to enforce a non-competition agreement. The court held that the injunction was overly broad and exceeded the scope of the parties' actual contractual agreement, requiring remand for a more limited injunction.
• Prohosky v. The Prudential Ins. Co. OF Am.
  767 F.2d 387· 7th Cir.· 1985-07-22 ·cited 6×
  The court held that the district court abused its discretion by granting a permanent injunction against spraying water through endguns, as there was no evidence that this action caused harm to the plaintiffs under Indiana law.
• Mears v. The Town OF Oxford
  762 F.2d 368· 4th Cir.· 1985-05-22 ·cited 6×
  The court held that the district court correctly dismissed the plaintiff's claims based on res judicata and failure to prosecute, affirming the dismissal of the entire complaint.
• The Grand Union Co. v. Cord Meyer Dev. Co. & King Kullen Grocery Co., Inc.
  761 F.2d 141· 2d Cir.· 1985-05-13 ·cited 6×
  The court held that the district court correctly interpreted the contract provision and granted appropriate injunctive relief, but erred in awarding attorneys' fees.
• Sierra Club v. Leathers
  754 F.2d 952· 11th Cir.· 1985-03-08 ·cited 6×
  The court held that South Carolina is a necessary party to the lawsuit and that the case should be transferred to the District Court in South Carolina.
• Captain Dale M. Hartikka v. United States
  754 F.2d 1516· 9th Cir.· 1985-03-06 ·cited 6×
  The dissenting judge believes the district court should be affirmed because the plaintiff has shown genuinely extraordinary irreparable injury due to the stigma of a general discharge, distinguishing it from ordinary employment termination cases.
• Aronberg v. Walters
  755 F.2d 1114· 4th Cir.· 1985-02-27 ·cited 6×
  A federal court has incidental equity jurisdiction to grant temporary injunctive relief against employer retaliation pending resolution of a discrimination claim, even if the retaliation claim itself has not been administratively exhausted.
• Airline Pilots Ass'n, Int'l, AFL-CIO v. Taca Int'l Airlines, S.A.
  748 F.2d 965· 5th Cir.· 1984-12-10 ·cited 6×
  The court held that the airline's relocation of its pilot base and unilateral imposition of new labor contracts violated the Railway Labor Act and were not excused by the Air Transportation Agreement, act of state doctrine, or foreign compulsion defense.
• Commonwealth OF Pa. & Pa. Dep't of Pub. Welf. & Cohen v. United States & United States Dep't of Health & Human Servs. & Heckler
  752 F.2d 795· 3d Cir.· 1984-12-06 ·cited 6×
  The court held that the Department of Health and Human Services (HHS) may legally deduct AFDC payments made to SSI recipients during the SSI determination period from retroactive SSI benefits, and is not required to reimburse the state for its portion of those AFDC payments.
• Navajo Ref. Co. v. United States Dep't OF Energy & Donald P. Hodel
  750 F.2d 966· Temp. Emer. Ct. App.· 1984-11-28 ·cited 6×
  The court held that the appeal must be dismissed for want of jurisdiction because the district court's order was not a final decision and did not fall under exceptions for appealability.
• Gaylord Broad. Co. v. Cosmos Broad. Corp.
  746 F.2d 251· 5th Cir.· 1984-10-31 ·cited 6×
  The court held that a claim for injunctive relief to enforce a one-year non-compete clause is moot once the one-year period has expired, leaving only a claim for damages.
• Wilford W. Johansen v. SAN Diego Cnty. Dist. Council OF Carpenters OF the United Bhd. OF Carpenters & Joiners OF Am., AFL-CIO
  745 F.2d 1289· 9th Cir.· 1984-10-26 ·cited 6×
  The dissenting judge would not have remanded the case, finding the district court's injunction was proper and the majority's reversal was unwarranted.
• Int'l Union v. Donovan
  746 F.2d 839· D.C. Cir.· 1984-10-23 ·cited 6×
• Women's Equity Action League v. Terrel H. Bell
  743 F.2d 42· D.C. Cir.· 1984-09-14 ·cited 6×
  The court held that the district court must first determine if the plaintiffs have standing and if the case presents a justiciable controversy under Article III, in light of recent Supreme Court precedent.
• Eddie S.S. Co. Ltd. v. P.T. Karana Line
  739 F.2d 37· 2d Cir.· 1984-06-29 ·cited 6×
  The district court had the power to issue the mandatory injunction in admiralty, and the exercise of that power was not an abuse of discretion.
• Dunn v. Phoenix Newspapers, Inc.
  735 F.2d 1184· 9th Cir.· 1984-06-26 ·cited 6×
  The court held that the newspapers' practices did not constitute a per se violation of the Sherman Act, and the carriers failed to prove a violation under the rule of reason or to prove damages.
• N.Y. State Urban Dev. Corp. v. VSL Corp.
  738 F.2d 61· 2d Cir.· 1984-06-20 ·cited 6×
  The court held that an insurer's designation of independent counsel is permissible under policy terms and New York law, and that VSL lacked standing to appeal the interim cost-sharing order between insurers.
• Double H Plastics, Inc. v. Sonoco Prods. Co.
  732 F.2d 351· 3d Cir.· 1984-04-20 ·cited 6×
  The court held that the defendant's pricing practices did not demonstrate predatory intent under the Robinson-Patman Act, as the evidence showed awareness of market dynamics rather than a purpose to destroy competition.
• Hamilton Bank OF Johnson City v. Williamson Cnty. Reg'l Planning Comm'n
  729 F.2d 402· 6th Cir.· 1984-03-07 ·cited 6×
  The court held that the effects of the defendants' actions did not constitute a taking requiring compensation, and even a temporary deprivation of investment-backed expectations does not establish an entitlement to damages.
• Robert and Mary Yaris v. Special Sch. Dist. OF ST. Louis Cnty.
  728 F.2d 1055· 8th Cir.· 1984-02-24 ·cited 6×
  The appellate court affirmed the district court's decision, finding the injunction specific enough and that the plaintiffs received all requested relief.
• Marvin F. Poer & Co. v. The Cntys. OF Alameda
  725 F.2d 1234· 9th Cir.· 1984-02-14 ·cited 6×
  Federal courts lack jurisdiction to hear state tax refund claims when a plain, speedy, and efficient remedy exists in state courts, based on the Tax Injunction Act and the principle of comity.
• The Warehouse Rest., Inc. v. The Customs House Rest., Inc.
  726 F.2d 480· 9th Cir.· 1984-01-31 ·cited 6×
  The court dismissed the appeal for lack of jurisdiction because the district court's deferral of injunctive relief made the judgment non-final.
• Am. Meat Inst. v. Pridgeon
  724 F.2d 45· 6th Cir.· 1984-01-06 ·cited 6×
  The court held that the district court had the authority to issue an injunction without convening a three-judge court, as the original action sought only declaratory relief and the injunction was considered after the repeal of the relevant statute.
• DELTA AIR Lines, Inc. v. Werner H. Kramarsky
  725 F.2d 146· 2d Cir.· 1983-12-27 ·cited 6×
  The court held that New York's Human Rights Law is preempted by ERISA regarding pregnancy disability benefits during a specific period, but the Disability Benefits Law is not preempted, though it cannot be enforced through regulation of ERISA-covered plans.
• Smith v. Snow
  722 F.2d 630· 11th Cir.· 1983-12-14 ·cited 6×
  The court held that the Georgia Parole Board's unfettered discretion in clemency proceedings means no constitutional right to procedural due process or Eighth Amendment protection against arbitrary application of the death penalty at this stage.
• United States v. Charmer Indus., Inc.
  722 F.2d 1073· 2d Cir.· 1983-11-30 ·cited 6×
  The court held that the modified order allowing the use of information derived from a confidential presentence report was inconsistent with its prior directive, and that the prohibition on use must extend to derivative information.
• Brown v. Alexander
  718 F.2d 1417· 6th Cir.· 1983-10-06 ·cited 6×
  The court held that subsections (5) and (7) of the Act, like subsection (6), offend the Equal Protection Clause by discriminating between unions based on associational rights and ideas, requiring strict scrutiny.
• United States v. JS & A Grp., Inc.
  716 F.2d 451· 7th Cir.· 1983-08-30 ·cited 6×
  The court held that the FTC may seek civil penalties and permanent injunctive relief for violations of its Mail Order Rule, even if the rule was promulgated before the Magnuson-Moss Act.
• Cruz v. Ferre
  571 F. Supp. 125· S.D. Fla.· 1983-08-02 ·cited 6×
  A city ordinance regulating 'indecent' material on cable television violates the First Amendment's free speech guarantee and its enforcement procedures violate due process.
• Thompson v. Bd. OF Educ. OF the Romeo Cmty. Schs.
  709 F.2d 1200· 6th Cir.· 1983-06-23 ·cited 6×
  The court held that a defendant class cannot be certified under Rule 23(b)(2) when the defendants are numerous independent entities with varying policies, and that a plaintiff class lacks standing to sue defendants against whom they have no direct cause of action.
• Taylor v. United States
  711 F.2d 1199· 3d Cir.· 1983-06-21 ·cited 6×
• Ass'n Against Discrimination IN Emp., Inc. v. City OF Bridgeport
  710 F.2d 69· 2d Cir.· 1983-06-13 ·cited 6×
  The court held that the district court had the power to modify its prior injunction to adapt remedies to changed circumstances, and that the modification was justified and consistent with prior rulings.
• Ryder Truck Lines, Inc. v. Teamsters Freight Local Union NO. 480
  705 F.2d 851· 6th Cir.· 1983-04-22 ·cited 6×
  The dissenting judge holds that the union's explicit no-strike clause was violated, and the case should not be remanded for further factual determination regarding the strike's cause.
• Shaffer v. Block
  705 F.2d 805· 6th Cir.· 1983-04-20 ·cited 6×
  The court should have found that the educational grant funds were specially earmarked and thus excludable from income for food stamp purposes.
• Nichols v. Ellis S. Tarsches
  429 So. 2d 409· Fla. 3d DCA· 1983-03-29 ·cited 6×
  In this partnership accounting dispute, the court held that the issue of waiver was necessarily resolved by a prior partial summary judgment, making it the law of the case and precluding the trial court from resubmitting the waiver issue to the jury. The reversal turns on the doc
• Emmett M. Clark v. United States
  691 F.2d 837· 7th Cir.· 1982-10-27 ·cited 6×
  The court held that sovereign immunity does not bar a claim for declaratory relief regarding the constitutionality of 5 U.S.C. § 8340, but the statute itself is constitutional.
• Rev. E. Z. Charles v. Coleman
  689 F.2d 774· 8th Cir.· 1982-10-05 ·cited 6×
  The court held that the district court did not abuse its discretion in awarding attorney's fees to the plaintiffs as prevailing parties and in limiting the award solely to OIC.
• Alta Bumpus v. Clark
  681 F.2d 679· 9th Cir.· 1982-07-16 ·cited 6×
  The court should dismiss the appeal as moot and vacate the district court's judgment because events have rendered the case non-justiciable.
• Dickens v. United States
  671 F.2d 969· 6th Cir.· 1982-03-01 ·cited 6×
  The Anti-Injunction Act and Declaratory Judgment Act bar federal courts from enjoining the IRS from using information obtained from a court-ordered wiretap and search warrant for tax assessment purposes.
• Blake v. Arnett
  663 F.2d 906· 9th Cir.· 1981-12-14 ·cited 6×
  The court held that the Yurok Indians' hunting and fishing rights on lands within the reservation were extinguished by the General Allotment Act of 1887 and the Act of 1892, and that the class certification order improperly included the Hoopa Indians due to lack of commonality an
• Pac. Legal Found. v. Jere E. Goyan
  664 F.2d 1221· 4th Cir.· 1981-11-27 ·cited 6×
  The court held that the FDA lacks the authority to expend public funds to reimburse participants in its proceedings without specific congressional authorization, as such decisions are political and reserved for Congress.
• The Hanna Mining Co. v. The Escanaba & Lake Superior R.R. Co.
  664 F.2d 594· 6th Cir.· 1981-11-20 ·cited 6×
  The court held that the Staggers Rail Act of 1980, retroactively applied, vests exclusive jurisdiction for enforcing pre-existing contract rate agreements in the courts, not the ICC, and affirmed the district court's dismissal without prejudice.
• United States & United States Postal Serv. v. City OF Pittsburg
  661 F.2d 783· 9th Cir.· 1981-11-16 ·cited 6×
  A municipal ordinance requiring postal carriers to obtain express consent before crossing lawns is unconstitutional under the Supremacy Clause as it obstructs the federal objective of efficient mail delivery.
• Betts v. Reliable Collection Agency, Ltd.
  659 F.2d 1000· 9th Cir.· 1981-10-19 ·cited 6×
  The district court erred in creating a subclass for Social Security recipients under Rule 23(c)(4) because the purported representative was not a member of the class at the time of creation, and the subclass did not independently meet class action requirements.
• Phelps v. Kan. Supreme Court
  662 F.2d 649· 10th Cir.· 1981-10-05 ·cited 6×
  The court held that a federal court cannot review state disbarment proceedings and that the attorney's due process claim failed because the disbarment could be sustained on other charges that were properly noticed and adjudicated.
• Brady v. Smith
  656 F.2d 466· 9th Cir.· 1981-09-14 ·cited 6×
  The court held that the appellants' claims for injunctive relief were moot due to changed prison conditions, and their claims for punitive damages under the FTCA were barred by sovereign immunity, while Bivens claims failed for lack of individual responsibility for overcrowding.
• Jefferson Cnty. Pharm. Ass'n, Inc. v. Abbott Labs.
  656 F.2d 92· 5th Cir.· 1981-08-31 ·cited 6×
  The court held that the Robinson-Patman Act does not apply to purchases made by governmental bodies for their own consumption or traditional governmental purposes. It also found that a trade association lacked standing to sue in its own right, but that antitrust claims could be a
• Greentree Amusement Arcade v. Greenacres Dev. Corp. & Greenacres Mgmt. Corp.
  401 So. 2d 915· Fla. 4th DCA· 1981-07-29 ·cited 6×
  In a landlord-tenant dispute over a commercial lease renewal, the Florida appellate court affirmed the landlord's valid termination of the lease based on the tenant's failure to maintain orderly premises, but reversed the award of double rent because the tenant held over under a
• LEE Cnty. Bank v. Christian Mut. Found., Inc.
  403 So. 2d 446· Fla. 2d DCA· 1981-07-29 ·cited 6×
  Lee County Bank, as trustee for bondholders, challenged a trial court order that permanently enjoined it from foreclosing on a first mortgage in default and instead required it to accept a reorganization plan. The appellate court reversed, holding that courts lack equitable power