Injunctive Relief

8,031 Florida cases classified under this topic, plus 5,116 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Graham v. Edwards
  472 So. 2d 803· Fla. 3d DCA· 1985-07-02 ·cited 67×
  The Florida District Court of Appeal reversed a preliminary injunction granted to developer John Edwards against the Board of Trustees of the Internal Improvement Trust Fund, holding that Edwards failed to demonstrate a substantial likelihood of success on the merits. The court a
• Bandag, Inc. v. AL Bolser's Tire Stores, Inc.
  750 F.2d 903· Fed. Cir.· 1984-11-08 ·cited 67×·via Injunction
  The court held that it has exclusive jurisdiction over appeals involving patent claims, even if trademark claims are also present. It affirmed the finding of trademark infringement based on a telephone directory advertisement but vacated the damages and attorneys' fees award, rem
• Fernandez v. Chardon
  681 F.2d 42· 1st Cir.· 1982-06-08 ·cited 67×·via Prospective Injunctive Relief
  A class action tolls the Puerto Rican statute of limitations during its pendency for all purported class members, and when class certification is denied for lack of numerosity, the limitations period begins to run anew. The Supreme Court's decision in Delaware State College v. Ri
• Philadelphia Welf. Rights Org. v. The Honorable Milton J. Shapp
  602 F.2d 1114· 3d Cir.· 1979-07-09 ·cited 67×·via Injunction
  The court held that modifying a consent decree to remove strict numerical quotas and payment provisions was permissible under Rule 60(b)(5) when those goals proved unattainable despite good faith efforts, and that medically necessary orthodontic services are required under the EP
• Home Dev. Co. OF ST. Petersburg, Inc. v. Bursani
  178 So. 2d 113· Fla.· 1965-07-14 ·cited 67×
  A dispute over the buyout of minority stockholders' shares in a homebuilding corporation where the parties entered into a stock purchase agreement and corporate charter provision allowing buyout at book or market value (whichever higher) in corporate assets. The Florida Supreme C
• Fleming v. Jacksonville Paper Co.
  128 F.2d 395· 5th Cir.· 1942-05-25 ·cited 67×·via Injunction
  The court held that the Fair Labor Standards Act applies to employees engaged in a substantial part of their work in interstate commerce, and that an injunction should be limited to specific violations found.
• City of Sanford v. McClelland
  121 Fla. 253· Fla.· 1935-10-16 ·cited 67×·via Injunction
  The City of Sanford sought to enjoin a sheriff's sale of municipally owned land levied upon to satisfy a judgment debt, arguing that a newly enacted statute prohibited execution against municipal property. The Florida Supreme Court affirmed dismissal of the complaint, holding tha
• Riley v. Lawson
  106 Fla. 521· Fla.· 1932-08-24 ·cited 67×·via Injunction
  The Florida Supreme Court upheld Chapter 14764, Acts of 1931, requiring private contract motor carriers engaged in continuous or recurring carriage to obtain a certificate of public convenience and necessity from the Railroad Commission before operating on state highways. The Cou
• Hill v. First Nat'l Bank of Marianna & H. A. Bowles as Sheriff of Jackson Cnty.
  73 Fla. 1092· Fla.· 1917-05-16 ·cited 67×·via Injunction
  Hannah Hill sought to enjoin the sale of eighty acres claimed as her homestead, challenging a judgment lien held by the First National Bank of Marianna. The Florida Supreme Court reversed the trial court's dismissal, holding that Hill was entitled to homestead exemption protectio
• Hapney v. Cent. Garage, Inc.
  579 So. 2d 127· Fla. 2d DCA· 1991-02-01 ·cited 66×·via Injunction
  Hapney, a former employee of Gulfcoast Auto, signed a non-compete covenant restricting his work within a three-year period and geographic area. The Florida Second District Court of Appeal reversed the trial court's temporary injunction, holding that an employee covenant not to co
• Gavalik v. Cont'l CAN Co.
  812 F.2d 834· 3d Cir.· 1987-02-19 ·cited 66×
  The court held that the district court misallocated the burdens of proof regarding mixed-motive employment decisions under ERISA § 510 and that the applicable statute of limitations is six years, not six months.
• Reed Smith and Valoy Smith v. Block
  784 F.2d 993· 9th Cir.· 1986-03-13 ·cited 66×
  The Smiths lack standing to sue the FmHA for failure to provide notice of moratorium rights because their injury (loss of the farm) is not connected to the FmHA's conduct, as a third party foreclosed.
• Allen G. Charles, M.D. v. Carey
  627 F.2d 772· 7th Cir.· 1980-07-29 ·cited 66×
  The court held that certain provisions of the Illinois Abortion Law of 1975, particularly those related to informed consent and waiting periods, impose unconstitutional burdens on a woman's right to an abortion and are subject to strict scrutiny.
• Jones v. Lynn
  477 F.2d 885· 1st Cir.· 1973-03-22 ·cited 66×
  The court held that a federal-nonfederal partnership, even if commenced pre-NEPA, is subject to NEPA's requirements for environmental review due to the ongoing federal involvement and the nature of categorical grants.
• Bell v. Sch. City OF Gary
  324 F.2d 209· 7th Cir.· 1963-10-31 ·cited 66×·via Injunction
  The court held that the constitutional rights of students were not violated by the school district's operation of schools, even if racial imbalance resulted from neighborhood school assignments based on neutral criteria.
• Ervin v. Cap. Weekly Post, Inc.
  97 So. 2d 464· Fla.· 1957-06-19 ·cited 66×·via Injunction
  The Florida Supreme Court affirmed a lower court judgment denying the Attorney General's request for an injunction against newspaper publication of an advertisement promoting Fuller Warren as a gubernatorial candidate before Warren had announced his candidacy. The court held that
• Mitchell v. Hodges Contracting Co. & Kenneth B. Hodges
  238 F.2d 380· 5th Cir.· 1956-11-14 ·cited 66×
  The court held that the construction of a radio-television building was covered by the Fair Labor Standards Act, but affirmed the denial of an injunction for other projects due to the employer's good faith efforts and minimal violations.
• The Seaboard Oil Co. v. Donovan
  99 Fla. 1296· Fla.· 1930-06-06 ·cited 66×·via Injunction
  Seaboard Oil Company sought an injunction to enforce an exclusive gasoline supply contract against the Donovans, who had ceased purchasing from Seaboard and were selling competing products. The Florida Supreme Court affirmed the denial of the temporary injunction, finding that Se
• Reuber v. United States
  750 F.2d 1039· D.C. Cir.· 1984-12-07 ·cited 65×
  A private employer acting as an ad hoc federal agent, instigated by federal officials to violate constitutional rights, can be subject to Bivens liability and equitable relief like reinstatement, even if damages are available.
• Equal Emp. Opportunity Comm'n v. Am. Nat'l Bank
  652 F.2d 1176· 4th Cir.· 1981-06-26 ·cited 65×
  The court held that the district court erred in finding ANB's rebuttal evidence sufficient to overcome the EEOC's prima facie case of discrimination, except for one employment category.
• Perfect FIT Indus., Inc. v. Acme Quilting Co., Inc.
  618 F.2d 950· 2d Cir.· 1980-02-26 ·cited 65×
  Under New York law, a plaintiff is not required to prove secondary meaning to obtain relief for trade dress infringement if the defendant intentionally copied the trade dress and confusion is likely.
• Odom v. The Deltona Corp.
  341 So. 2d 977· Fla.· 1976-11-30 ·cited 65×
  The Florida Supreme Court affirmed a trial court judgment holding that non-meandered lakes within Deltona Corporation's property are privately owned, not state sovereignty lands subject to environmental regulation under the Public Trust Doctrine. The court adopted a rebuttable pr
• Mrs. Carmella M. Borelli v. City OF Reading
  532 F.2d 950· 3d Cir.· 1976-03-31 ·cited 65×
  The court held that an order dismissing a complaint without prejudice for lack of standing is not a final, appealable order if the plaintiff can amend the complaint.
• Indep. Meat Packers Ass'n v. Butz
  526 F.2d 228· 8th Cir.· 1975-11-14 ·cited 65×
  The court held that the district court erred in enjoining the USDA's revised beef grading regulations, finding that the Executive Order 11821 claim was not judicially enforceable and that the USDA did not exceed its statutory authority or act arbitrarily and capriciously in promu
• Hobbs v. Mayor Ronnie Thompson
  448 F.2d 456· 5th Cir.· 1971-09-16 ·cited 65×
  The court held that recent Supreme Court decisions on federal intervention do not preclude federal consideration of First Amendment claims against municipal ordinances, especially when the challenge is to employment conditions and not a pending criminal prosecution.
• Sanitary Milk Producers v. Bergjans Farm Dairy
  368 F.2d 679· 8th Cir.· 1966-11-10 ·cited 65×
  The court held that evidentiary rulings, standing of two plaintiffs, and jury instructions did not constitute reversible error, affirming the lower court's judgment.
• Radiant Burners, Inc. v. Am. GAS Ass'n
  320 F.2d 314· 7th Cir.· 1963-06-28 ·cited 65×
  The attorney-client privilege, in its broad sense, is available to corporations.
• Mitchell v. Pidcock
  299 F.2d 281· 5th Cir.· 1962-02-05 ·cited 65×
  The court held that the trial judge did not abuse his discretion in denying an injunction, as the defendant showed good faith reliance on counsel and promised future compliance.
• Blisscraft OF Hollywood v. United Plastics Co.
  294 F.2d 694· 2d Cir.· 1961-09-28 ·cited 65×·via Injunction
  The court held that the plaintiff's design patent was invalid for lack of invention and ornamentation, and that the defendant infringed the plaintiff's common law trademark 'Poly Pitcher' and engaged in unfair competition by simulating the plaintiff's label.
• Sewell v. Pegelow
  291 F.2d 196· 4th Cir.· 1961-05-31 ·cited 65×
  The court held that the complaints, alleging religious discrimination and deprivation of rights, stated sufficient grounds to require a hearing, and the district court erred in dismissing them for lack of jurisdiction.
• Stenor, Inc. v. Lester
  58 So.2d 673· Fla.· 1951-12-11 ·cited 65×·via Injunction
  The Supreme Court of Florida addressed whether a $11,200 security deposit in a hotel lease was a penalty or liquidated damages. The court held the deposit was a penalty because it was disproportionate to potential damages and the lease allowed the lessor to retain it for any brea
• Marvin v. Hous. Auth. of Jacksonville
  133 Fla. 590· Fla.· 1938-07-27 ·cited 65×·via Injunction
  The Florida Supreme Court upheld the constitutionality of the Housing Authorities Law (Chapter 17981, Acts of 1937), rejecting a taxpayer's challenge to Jacksonville's low-cost housing project. The court held that slum clearance and low-cost housing constitute a valid public purp
• Irons v. Fed. Bureau OF Investigation & Dep't of Just.
  811 F.2d 681· 1st Cir.· 1987-02-05 ·cited 64×
  The court held that a confidential informant's willingness to testify, without more, does not constitute a waiver of confidentiality under Exemption 7(D) of the Freedom of Information Act.
• Vuitton ET Fils S.A. v. J. Young Enters., Inc.
  644 F.2d 769· 9th Cir.· 1981-05-04 ·cited 64×
  The court held that the district court erred in granting summary judgment on the issue of trademark functionality, as it presented a genuine issue of material fact requiring trial. The court also reversed the denial of monetary relief and the award of attorneys' fees.
• State OF Alaska v. Andrus
  580 F.2d 465· D.C. Cir.· 1978-02-24 ·cited 64×
  The court held that the Secretary was not legally required to await the results of ongoing studies before deciding to proceed with the lease sale, and that while the alternative of delay must be considered, the EIS discussion was sufficient under the rule of reason.
• Baldwin v. Redwood City
  540 F.2d 1360· 9th Cir.· 1976-08-09 ·cited 64×
  Redwood City's ordinances limiting the aggregate area of political signs per candidate/issue, imposing permit fees and deposits, and banning signs in residential areas violate the First Amendment. However, limitations on individual sign size and aggregate area per parcel are perm
• Erdmann v. Stevens
  458 F.2d 1205· 2d Cir.· 1972-04-12 ·cited 64×
  Federal courts should not intervene in state bar disciplinary proceedings unless there are exceptional circumstances like bad faith or irreparable harm not remediable in state court.
• Dade Cnty. Classroom Teachers' Ass'n, Inc. v. Ryan
  225 So. 2d 903· Fla.· 1969-07-09 ·cited 64×·via Injunction
  The Florida Supreme Court held that public employees, including teachers, have a constitutional right to collective bargaining under the 1968 Florida Constitution, but only with the consent of the employees being represented and without the right to strike. The Court reversed in
• Collins Inv. Co. v. Metro. Dade Cnty.
  164 So. 2d 806· Fla.· 1964-02-19 ·cited 64×·via Injunction
  Collins Investment Company challenged an excessive ad valorem tax assessment and sought an injunction without depositing the legally-due portion of taxes beforehand. The Florida Supreme Court held that the statutory requirement to tender legally-due taxes is a condition to granti
• Nat'l Labor Relations Bd. v. Cambria Clay Prods. Co.
  215 F.2d 48· 6th Cir.· 1954-07-07 ·cited 64×·via Injunctive Order
  The court held that while some employee discharges and strike-related issues were supported by evidence of unfair labor practices, the company did not refuse to bargain in good faith, and further evidence was needed regarding contempt findings for certain employees.
• Viser v. Willard
  60 Fla. 395· Fla.· 1910-06-01 ·cited 64×·via Injunction
  A property owner sought equitable relief, including injunction and damages, for flooding caused by defendants' drainage ditches on adjacent land. The Florida Supreme Court affirmed the trial court's dismissal of the bill of complaint, finding no abuse of discretion in denying the
• Cason v. Fla. Dep't OF Mgmt. Servs.
  944 So. 2d 306· Fla.· 2006-11-16 ·cited 63×·via Injunction
  The Florida Supreme Court held that the State is not subject to the 60-day jurisdictional filing requirement in section 194.171 when challenging ad valorem tax assessments on property it owns and claims is immune from taxation. Because the State is not a 'taxpayer' under the stat
• Martin Cnty. v. Melvyn R. Yusem
  690 So. 2d 1288· Fla.· 1997-03-27 ·cited 63×
  The Florida Supreme Court held that amendments to comprehensive land use plans adopted under Florida's Local Government Comprehensive Planning Act are legislative decisions subject to the deferential 'fairly debatable' standard of review, not quasi-judicial decisions subject to s
• Dep't OF Revenue OF Fla. v. Young Am. Builders
  330 So. 2d 864· Fla. 1st DCA· 1976-04-02 ·cited 63×·via Injunction
  The Department of Revenue challenged a circuit court's denial of its motion to dismiss an action by Young American Builders seeking judicial review of a state tax rule on constitutional grounds. The court held that constitutional challenges to administrative rules are not subject
• Boire v. The Miami Herald Publ'g Co.
  343 F.2d 17· 5th Cir.· 1965-03-11 ·cited 63×
  The court held that the district court improperly exercised its equity powers by enjoining the representation election proceedings, as the alleged statutory violation was not sufficiently manifest to overcome the strong congressional policy against interfering with such matters.
• Hartnett v. Austin
  93 So. 2d 86· Fla.· 1956-12-05 ·cited 63×·via Injunction
  The Florida Supreme Court affirmed that a zoning ordinance making a residential-to-commercial rezoning contingent upon future execution of a private contract between the city and the property owner is invalid. The court held that municipalities cannot condition zoning amendments
• McRAE v. Robbins
  151 Fla. 109· Fla.· 1942-07-10 ·cited 63×
  The Florida Supreme Court upheld the constitutionality of a 1941 statute authorizing the Barbers' Sanitary Commission to fix minimum prices and hours for barber shops, but reversed the lower court's dismissal of a challenge to the specific price and hour schedule promulgated by t
• Ranger Realty Co. v. Miller
  102 Fla. 378· Fla.· 1931-07-07 ·cited 63×·via Injunction
  The Florida Supreme Court reversed a lower court decision that allowed a taxpayer suit challenging the City of Fort Lauderdale's sale of tax certificates at a 25% discount. The Court held that municipalities have the incidental power to sell past-due tax certificates for less tha
• Zetrouer v. Zetrouer
  89 Fla. 253· Fla.· 1925-03-16 ·cited 63×·via Prohibitory Injunction
  This case concerns a mandatory injunction granted to compel a landowner to remove fences obstructing a road. The appellate court affirmed the injunction, finding sufficient evidence of a prescriptive easement and irreparable harm to the complainant.
• Basulto v. Hialeah Auto.
  141 So. 3d 1145· Fla.· 2014-03-20 ·cited 62×
  The Florida Supreme Court quashed the Third District Court of Appeal's decision that partially enforced arbitration clauses in an automobile sales contract, holding that the trial court correctly found no valid arbitration agreement existed between the Spanish-speaking buyers and