Injunctive Relief

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

• Exxon Corp. v. United States
  655 F.2d 1112· Temp. Emer. Ct. App.· 1981-06-30 ·cited 6×
  The court exercised its supervisory powers to consolidate litigation concerning oil pricing regulations in the District of Columbia action, staying proceedings in the Texas action.
• Nat'l Treas. Emps'. Union v. Campbell
  654 F.2d 784· D.C. Cir.· 1981-06-05 ·cited 6×
  The court held that neither 18 U.S.C. § 1913 nor section 607(a) of the Treasury, Postal Service and General Government Appropriations Act of 1979 creates a private right of action for individuals to sue government officials for allegedly unlawful lobbying. The appeal regarding pr
• The Nat'l Conf. OF Catholic Bishops v. Smith
  653 F.2d 535· D.C. Cir.· 1981-04-14 ·cited 6×
  The court held that the plaintiffs' complaint failed to present a 'case or controversy' as required by Article III of the Constitution, and thus the district court properly declined jurisdiction.
• Chris Simopoulos, M.D. v. Va. State Bd. OF Med.
  644 F.2d 321· 4th Cir.· 1981-03-19 ·cited 6×
  The court held that the district court correctly dismissed the action under the Younger abstention doctrine, as federal courts should not interfere with pending state proceedings.
• Mobil OIL Corp. v. Orest T. Dubno
  639 F.2d 919· 2d Cir.· 1981-01-28 ·cited 6×
  The court held that the Tax Injunction Act does not bar the action because the anti-passthrough provision is a price control measure, not an exercise of taxing power, and the district court's judgment did not enjoin tax collection.
• BEN Gutman Truck Serv. v. Teamsters Local NO. 600
  636 F.2d 255· 8th Cir.· 1980-12-31 ·cited 6×
  The court held that the grievances filed by the union members stated claims proper for the grievance and arbitration procedures outlined in the collective bargaining agreements.
• Swan v. Stoneman
  635 F.2d 97· 2d Cir.· 1980-10-17 ·cited 6×
  The court held that the exhaustion doctrine should not bar Ambrose's due process claim because the available administrative remedies were post-termination and inadequate to provide class-wide relief.
• Nat'l Pork Producers Council v. Bergland
  631 F.2d 1353· 8th Cir.· 1980-09-23 ·cited 6×
  The court held that the USDA's regulations permitting nitrate and nitrite-free meat products to be sold under traditional names, with specific labeling, were a proper exercise of authority and not arbitrary, capricious, or unlawful.
• Mitchell v. Bd. OF Trs. OF Oxford Mun. Separate Sch. Dist.
  625 F.2d 660· 5th Cir.· 1980-09-11 ·cited 6×
  A school board's adoption of a mandatory expulsion policy for bringing weapons to school, even if strictly applied, does not violate substantive due process, as the discretion is exercised in creating the rule itself.
• Nat'l Treas. Emps. Union & Joseph Mackin v. Kurtz
  636 F.2d 411· D.C. Cir.· 1980-05-20 ·cited 6×
  Failure to exhaust contractual remedies bars consideration of the suit, even if the issue involves alleged violations of agency regulations.
• Am. Future Sys., Inc. v. The Pa. State Univ. & Bd. of Trs. of the Pa. State Univ. & John W. Oswald
  618 F.2d 252· 3d Cir.· 1980-04-03 ·cited 6×
  A university regulation prohibiting group commercial sales demonstrations in student residence halls does not violate the First Amendment, as residence halls are not public forums and the regulation serves legitimate educational interests.
• Plantamura v. Mayor Joseph Cipolla
  617 F.2d 344· 3d Cir.· 1980-03-24 ·cited 6×
  The court held that a partial summary judgment order dismissing some defendants from a civil rights suit is not an appealable order under 28 U.S.C. § 1292(a)(1) if the remaining defendant can still provide the full injunctive relief sought.
• Hilton Casinos, Inc. v. First Nat'l Bank OF S. Miami
  380 So. 2d 1061· Fla. 3d DCA· 1980-01-22 ·cited 6×
  The court held that a cross-claim must arise out of the same transaction or occurrence as the original claim to be permissible.
• Wine Indus. OF Fla., Inc. v. Miller
  609 F.2d 1167· 5th Cir.· 1980-01-15 ·cited 6×
  ATF Rule 77-4 is unconstitutional because it conflicts with Florida law, and the federal interest is insufficient to override state regulation under the Twenty-first Amendment.
• Vuitton ET Fils, S.A. v. J. Young Enters., Inc.
  609 F.2d 1335· 9th Cir.· 1979-12-26 ·cited 6×
  The court held that a stipulation should not be construed as a final consent judgment disposing of an entire case unless there is an unequivocal statement of such intent by the parties.
• Energy Action Educ. Found. v. Andrus
  631 F.2d 751· D.C. Cir.· 1979-12-20 ·cited 6×
  The court held that while the Secretary of Interior has not yet contravened the letter of the law, continued delay in implementing new leasing regulations may constitute an abuse of discretion.
• Ginter v. Southern
  611 F.2d 1226· 8th Cir.· 1979-12-10 ·cited 6×
  The court held that the district court properly dismissed the appellants' constitutional claims and related tax refund requests as frivolous and without merit.
• Williams v. ST. Louis Diecasting Corp.
  611 F.2d 1223· 8th Cir.· 1979-12-10 ·cited 6×
  The court held that the district court's Rule 54(b) certification was improper for a single bifurcated claim, but appellate jurisdiction existed under 28 U.S.C. § 1292(a)(1) for the injunctive relief granted.
• Griffin v. RED RUN Lodge, Inc.
  610 F.2d 1198· 4th Cir.· 1979-11-29 ·cited 6×
  The court held that the district court erred in denying injunctive relief based on an incorrect application of the comparative hardship doctrine and in dismissing the damages claim for lack of jurisdictional amount.
• Republican Nat'l Comm. v. Fed. Election Comm'n
  616 F.2d 1· 2d Cir.· 1979-11-28 ·cited 6×
  The challenged provision of FECA, 2 U.S.C. § 441a(b)(1)(B), does not violate the First, Fifth, or Ninth Amendments.
• Baum v. Coronado Condo. Ass'n, Inc.
  376 So. 2d 914· Fla. 3d DCA· 1979-11-13 ·cited 6×
  Condominium unit owners successfully appealed the dismissal of their nuisance abatement action against the condominium association. The court held that noise from an uncovered terrazzo corridor in the lobby above their apartment constituted a legally actionable nuisance and that
• Okla. Retail Grocers Ass'n v. Wal-Mart Stores
  605 F.2d 1155· 10th Cir.· 1979-08-21 ·cited 6×
  The court held that a corporate plaintiff seeking equitable relief may be barred by the unclean hands doctrine if its members, who are the real beneficiaries, have engaged in the same conduct they seek to enjoin.
• Costin v. Gilda Branch
  373 So. 2d 370· Fla. 1st DCA· 1979-06-29 ·cited 6×
  Appellants sought to install an underground septic tank and drain field on their waterfront property subject to an easement held by the appellee. The trial court issued an injunction preventing the construction based on the easement's prohibition against erecting structures. The
• The Ladoga Canning Corp. v. Sydney H. McKENZIE, III
  370 So. 2d 1137· Fla.· 1979-05-03 ·cited 6×
  The Florida Supreme Court held that civil injunctions restraining the sale of obscene materials must identify specific publications that have been judicially determined to be obscene before issuance, and cannot impose blanket prohibitions on unspecified "other materials" based me
• Carter v. Heard
  593 F.2d 10· 5th Cir.· 1979-04-12 ·cited 6×
  The court held that the pro se litigant was not entitled to injunctive or declaratory relief because he failed to demonstrate an actual controversy or threatened irreparable injury.
• State Bank OF Fargo v. The Merchs. Nat'l Bank & Tr. Co. OF Fargo
  593 F.2d 341· 8th Cir.· 1979-02-28 ·cited 6×
  The court held that under North Dakota law, state banks can operate customer electronic funds transfer centers (CBCTs) if federal financial institutions are permitted to use similar machines, thus allowing national banks to operate CBCTs under federal law.
• Claud M. Brown v. Vermillion
  593 F.2d 321· 8th Cir.· 1979-02-23 ·cited 6×
  The court held that claims directly seeking release or reconsideration of parole must be brought as a habeas corpus petition, but other claims for injunctive and declaratory relief regarding due process standards are not exclusively habeas corpus.
• ST. Martin's Press v. Carey
  605 F.2d 41· 2d Cir.· 1979-01-10 ·cited 6×
  The court held that the plaintiffs failed to establish a genuine threat of prosecution, thus lacking a justiciable controversy required for federal court intervention.
• Hurst v. Phelps
  579 F.2d 940· 5th Cir.· 1978-09-08 ·cited 6×
  The court held that the procedure used to dismiss the inmate's § 1983 action, which relied on ex parte administrative reports without allowing responsive pleadings, was improper.
• SAC AND FOX Tribe OF the Mississippi IN Iowa v. Les Licklider
  576 F.2d 145· 8th Cir.· 1978-05-12 ·cited 6×
  The court held that the Sac and Fox Tribe's land in Tama County, Iowa, constitutes a de facto reservation, and the state of Iowa has jurisdiction to enforce its fish and game laws on this reservation, as Congress has acceded to this jurisdiction through various statutes.
• Interstate Commerce Comm'n v. Beehive State Agric. Coop., Inc.
  575 F.2d 802· 10th Cir.· 1978-05-01 ·cited 6×
  The court held that the Interstate Commerce Commission has the authority to seek injunctive relief to enforce its right to inspect the books and records of agricultural cooperatives engaged in interstate transportation for nonmembers.
• State Water Control Bd. v. Hoffmann
  574 F.2d 191· 4th Cir.· 1978-04-19 ·cited 6×
  The court held that Smith Mountain Lake, an artificial body of water entirely within one state, is exempt from the Corps of Engineers' permit program under Section 154 of the Water Resources Development Act of 1976, even if deemed navigable solely on historical use.
• Pilafian v. Cherry
  355 So. 2d 847· Fla. 3d DCA· 1978-03-07 ·cited 6×
  Neighboring waterfront property owners in a Florida subdivision disputed the construction of a seawall and dock on adjacent lots. The trial court denied both the plaintiffs' request for mandatory injunction to remove the defendants' dock and the defendants' counterclaim, applying
• O'Neal v. Midgette
  356 So. 2d 1261· Fla. 2d DCA· 1978-03-01 ·cited 6×
  This appeal concerns the dismissal of a declaratory judgment and injunctive relief action against a deceased defendant and his estate. The court reversed the dismissal, holding that the trial court erred in dismissing for lack of prosecution and for failure to timely move to subs
• Rush v. Smith
  573 F.2d 110· 2d Cir.· 1978-01-19 ·cited 6×
  The court held that New York City's procedure of terminating AFDC benefits for failure to appear at a fraud investigation interview does not violate the Social Security Act, but the notice provided to recipients was inadequate.
• Tilford Youngblood v. Dalzell
  568 F.2d 506· 6th Cir.· 1978-01-10 ·cited 6×
  The court held that the consent decree did not prohibit layoffs due to economic circumstances, even if it reduced the percentage of minority firefighters.
• Quinn v. Brown
  561 F.2d 795· 9th Cir.· 1977-09-26 ·cited 6×
  The court held that the case was moot because the enlistment contract's alleged breach was corrected before any legal damages ensued, and the servicemember's contractual understanding was fulfilled.
• Mayor & City Council OF Baltimore v. Mathews
  562 F.2d 914· 4th Cir.· 1977-08-09 ·cited 6×
  The court held that the Department of HEW failed to comply with statutory prerequisites for Title VI enforcement by not promulgating identifiable, President-approved, nationwide regulations, thus justifying injunctive relief.
• Equal Emp. Opportunity Comm'n v. United AIR Lines, Inc.
  560 F.2d 224· 7th Cir.· 1977-06-28 ·cited 6×
  The court held that the district court did not err in imposing company seniority for layoff and recall purposes to remedy past discrimination, as it was necessary to provide relief where specific seniority adjustments were insufficient.
• State of Fla. ex rel. City OF Miami Beach v. Metro. Dade Cnty. Water & Sewer Bd.
  347 So. 2d 699· Fla. 3d DCA· 1977-06-14 ·cited 6×
  This case addresses whether Metropolitan Dade County has the power to regulate water rates charged by municipalities to customers outside their territorial limits, and whether two emergency ordinances enacted to grant such power were valid. The court held that the County has this
• Iowa Pub. Serv. Co. v. Med. BOW Coal Co.
  556 F.2d 400· 8th Cir.· 1977-06-08 ·cited 6×
  The court held that the dismissed plaintiffs were real parties in interest, meaning there was no complete diversity of citizenship, and the case should have been remanded to state court.
• Imannun Abdut Tawwab v. Metz
  554 F.2d 22· 2d Cir.· 1977-04-11 ·cited 6×
  The court held that the claims for injunctive relief were moot because the challenged policies were changed or the plaintiffs were no longer subject to them.
• Mary L. Banks v. Multi-Family Mgmt., Inc.
  554 F.2d 127· 4th Cir.· 1977-04-05 ·cited 6×
  The court held that the district court did not err in refusing to certify a class action and dismissing the complaint, as the plaintiff lost standing after obtaining individual relief and the case against the Secretary was moot.
• Morris v. Danna
  547 F.2d 436· 8th Cir.· 1977-01-13 ·cited 6×
  The court affirmed the dismissal, holding that the invasion of privacy claim did not rise to constitutional dimensions and lacked federal question jurisdiction.
• Nelson v. Rosenthal
  539 F.2d 1034· 5th Cir.· 1976-09-20 ·cited 6×
  The court denied the plaintiff's application for reversal or mandamus, finding little likelihood of success on his claimed constitutional rights and declining to compel the district court to grant relief.
• Am. Fed'n OF Gov't Emps. v. Hoffman
  543 F.2d 930· D.C. Cir.· 1976-09-15 ·cited 6×
  The court held that the Reserve Technician Programs, requiring civilian employees to maintain active membership in the reserves they serve, are authorized by statute and do not violate civil service laws or the Veterans' Preference Act.
• Sadowski v. Shevin
  351 So. 2d 44· Fla. 3d DCA· 1976-06-24 ·cited 6×
  William Sadowski, a candidate for the Florida House of Representatives, appealed the denial of his motion for a preliminary injunction against Florida Statute § 106.15, which prohibits certain campaign advertising by candidates before they officially qualify for office. The court
• Outboard Marine Corp. v. Liberty Mut. Ins. Co.
  536 F.2d 730· 7th Cir.· 1976-06-07 ·cited 6×
  The court held that claims for attorney malpractice and bad faith against an insurer accrue when the client sustains substantial monetary injury, such as paying attorney fees or posting an appeal bond, even if all damages are not yet ascertainable. Claims against an excess insure
• Alphin v. Henson
  538 F.2d 85· 4th Cir.· 1976-05-17 ·cited 6×
  Attorneys' fees cannot be awarded in this antitrust case because the plaintiffs failed to prove damages, and other theories for recovery are foreclosed by precedent.
• Ardale Calvin v. Conlisk
  534 F.2d 1251· 7th Cir.· 1976-04-27 ·cited 6×
  The court held that the plaintiffs, both individual and organizational, lacked the necessary standing to bring their claims, as their allegations of future harm were too speculative and not within the zone of interests protected by the relevant statutes.