Injunctive Relief

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

• Mosley v. Hairston
  920 F.2d 409· 6th Cir.· 1990-12-04 ·cited 5×
  Intervening legislative changes rendered the claims for declaratory and injunctive relief moot, and the Eleventh Amendment bars the claim for retroactive payments against state officials.
• Prieto v. Gluch
  913 F.2d 1159· 6th Cir.· 1990-09-11 ·cited 5×
  The court held that the prior litigation barred claims regarding § 1252(a) and jurisdiction, and that 8 U.S.C. § 1252(i) does not create a private cause of action for incarcerated aliens.
• White v. Daniel
  909 F.2d 99· 4th Cir.· 1990-07-23 ·cited 5×
  The court held that the plaintiffs' claims under the Voting Rights Act were barred by the equitable doctrine of laches due to their unreasonable and inexcusable delay in filing suit.
• Neva, Inc. v. Christian Duplications Int'l, Inc.
  743 F. Supp. 1533· M.D. Fla.· 1990-04-11 ·cited 5×
  The court held that Lanham Act remedies under 15 U.S.C. § 1117(a) apply to claims based on false or misleading representations of fact, not just infringement of registered marks. It also found that the implied terms of the contract showed intent for Scourby to retain copyright ow
• Bowers v. Transportacion Maritima Mexicana, S.A.
  901 F.2d 258· 2d Cir.· 1990-04-09 ·cited 5×
  The court held that TMM, having ignored MPPAA dispute resolution procedures, is not entitled to a judicial determination of its employer status under the MPPAA.
• Hyatt v. Sullivan
  899 F.2d 329· 4th Cir.· 1990-03-30 ·cited 5×
  The court held that the Secretary's policy of non-acquiescence in Fourth Circuit law regarding the evaluation of pain in disability claims was unlawful and ordered specific remedies, while vacating or amending others.
• Basile v. Francesco Basile
  899 F.2d 35· D.C. Cir.· 1990-03-20 ·cited 5×
  The court held that the district court's modified injunction was inadequate to prevent consumer confusion regarding the source of watches bearing the name 'Basile'.
• The Breakers OF Fort Walton Beach Condos., Inc. v. Atl. Beach Mgmt., Inc.
  552 So. 2d 274· Fla. 1st DCA· 1989-11-14 ·cited 5×
  A condominium association appealed the dismissal of counts seeking termination of a management contract, breach of contract damages, appointment of a receiver, and injunctive relief against the management company and developer. The court affirmed dismissal of counts seeking termi
• Prieto v. Metro. Dade Cnty.
  718 F. Supp. 934· S.D. Fla.· 1989-08-29 ·cited 5×
  The court held that Metropolitan Dade County's ordinance was constitutional and that the county was not liable under 42 U.S.C. § 1983 because the alleged constitutional violations were not pursuant to a county policy or custom.
• Hamill v. Wright
  870 F.2d 1032· 5th Cir.· 1989-04-26 ·cited 5×
  The court affirmed the dismissal of the plaintiff's Section 1983 claims, finding he lacked standing for injunctive relief and that defendants were immune or had no duty to appoint counsel, but modified the dismissal of pendent state law claims to be without prejudice.
• Harder v. Rafferty
  709 F. Supp. 1111· M.D. Fla.· 1989-03-28 ·cited 5×
  The court held that the doctrine of res judicata did not apply because the parties in the Indiana action were not identical to the parties in the current federal action. The court deferred ruling on the statute of limitations issue pending further briefing.
• Joint Bd. OF Control OF the Flathead v. United States
  862 F.2d 195· 9th Cir.· 1988-11-29 ·cited 5×
  The court held that the Joint Board failed to exhaust its administrative remedies by not participating in the BIA's comment period or administrative appeal process before filing suit.
• Reed v. Bowen
  849 F.2d 1307· 10th Cir.· 1988-06-15 ·cited 5×
  The court held that the district court did not abuse its discretion in denying class certification because the named plaintiffs were inadequate representatives due to mooted claims and a lack of a live controversy, and discovery to find new plaintiffs was not warranted.
• Div. NO. 1 v. Consol. Rail Corp.
  844 F.2d 1218· 6th Cir.· 1988-04-14 ·cited 5×
  The dissenting judge would dismiss the union's appeal because the union lacks equitable standing to appeal an order it has refused to obey.
• In re Impounded Case (law Firm)
  840 F.2d 196· 3d Cir.· 1988-02-29 ·cited 5×
  The court held that the warrant was not unconstitutionally overbroad because the affidavit established probable cause for the seizure of specific financial documents related to tax crimes and for the seizure of files identified as containing evidence of mail fraud.
• Hong Kong Supermarket v. Kizer
  830 F.2d 1078· 9th Cir.· 1987-10-22 ·cited 5×
  A vendor lacks standing to assert the rights of its customers when its own economic interests and the customers' interests are not aligned, and the vendor has not demonstrated itself to be an effective proponent of those rights.
• Consol. Gas Co. of Fla. v. City Gas Co. of Fla.
  665 F. Supp. 1493· S.D. Fla.· 1987-07-24 ·cited 5×
  A monopolist distributing natural gas, even in a regulated industry, is not completely immunized from federal antitrust laws if its conduct lacks clearly articulated state policy or active state supervision.
• ABT Corp., Inc. v. City of Fort Lauderdale
  664 F. Supp. 488· S.D. Fla.· 1987-06-16 ·cited 5×
  The court held that it would abstain from deciding an uncertain issue of state law regarding the interpretation of "substantial change" in permitted use categories under Florida Statute § 166.041(3)(c), which could resolve the case and moot federal claims.
• Pawtuxet Cove Marina, Inc. v. Ciba-Geigy Corp.
  807 F.2d 1089· 1st Cir.· 1986-12-18 ·cited 5×
  A citizen suit under the Clean Water Act may proceed if the plaintiff fairly alleges a continuing likelihood that the defendant will violate the Act if not enjoined, even if the specific violation has ceased.
• Robert F. Lawler, M.D. v. Eugene Wuesthoff Mem'l Hosp. Ass'n
  497 So. 2d 1261· Fla. 5th DCA· 1986-10-16 ·cited 5×
  Dr. Robert Lawler appealed the dismissal of his complaint challenging termination of his hospital staff privileges. The court affirmed dismissal of conspiracy, antitrust, and federal civil rights claims, but reversed dismissal of breach of contract and injunctive relief claims ba
• Lake Conway Shores Homeowners Ass'n, Inc. v. Driscoll
  476 So. 2d 1306· Fla. 5th DCA· 1985-09-12 ·cited 5×
  The appellate court affirmed the trial court's determination of riparian rights, which ordered the removal of a boat ramp and dock, and affirmed the denial of attorney's fees.
• Isaly Co. v. Kraft, Inc.
  619 F. Supp. 983· M.D. Fla.· 1985-07-15 ·cited 5×
  The court held that Kraft's Polar B'ar packaging infringed on Isaly's Klondike bar trade dress, finding a likelihood of confusion.
• Gonzalez v. S. Pac. Transp. Co.
  755 F.2d 1179· 5th Cir.· 1985-03-28 ·cited 5×
  An employee discharged for filing an accident report, even if false, is protected by the Federal Employers' Liability Act (FELA) § 60 if they believed it to be true and did not intend to deceive; otherwise, they are not protected.
• Raphael J. Musicus, Inc. v. Safeway Stores
  743 F.2d 503· 7th Cir.· 1984-08-30 ·cited 5×
  An action seeking damages for breach of contract, fraud, and trespass, where the trespass claim is joined with contract and fraud claims, is considered transitory for venue purposes and can be brought in a district with personal jurisdiction over the defendant.
• Temistocles Ramirez de Arellano v. Caspar W. Weinberger
  724 F.2d 143· D.C. Cir.· 1983-12-22 ·cited 5×
  The court held that while the case is not a nonjusticiable political question, injunctive and declaratory relief are inappropriate due to foreign affairs concerns and the availability of monetary relief under the Tucker Act.
• Gayety Theatres, Inc. v. City OF Miami
  719 F.2d 1550· 11th Cir.· 1983-11-21 ·cited 5×
  A city ordinance revoking a business license for showing obscene material constitutes an unconstitutional prior restraint on presumptively protected expression, even if based on prior unprotected conduct.
• Bd. OF Cnty. Comm'rs OF Marion Cnty. v. McKEEVER
  436 So. 2d 299· Fla. 5th DCA· 1983-08-04 ·cited 5×
  Marion County enacted an ordinance imposing a one-cent gas tax with a ten-year cap on ad valorem property tax millages for the County Transportation Trust Fund. The court held the millage cap unconstitutional because it violated state statutory requirements for annual budget and
• Wanninger v. Capt. D.E. Davenport
  697 F.2d 992· 11th Cir.· 1983-02-10 ·cited 5×
  The court held that jail officials are not constitutionally required to provide free photocopies of legal materials to prisoners to ensure meaningful access to the courts.
• Brown v. Am. Petrofina Mktg., Inc.
  555 F. Supp. 1327· M.D. Fla.· 1983-02-03 ·cited 5×
  The court held that plaintiffs were not entitled to permanent injunctive relief under the PMPA against Fina, Huntley-Jiffy, or Sun States, and denied relief against Clay as well, finding Clay's nonrenewal of franchises was permissible.
• Long v. United States Internal Revenue Serv.
  693 F.2d 907· 9th Cir.· 1982-12-01 ·cited 5×
• VES Carpenter Contractors, Inc. v. City OF Dania
  422 So. 2d 342· Fla. 4th DCA· 1982-11-10 ·cited 5×
  Ves Carpenter Contractors challenged the City of Dania's collection of water and sewer impact fees, which were determined to be illegal because they lacked proper enabling ordinance. The court held that Ves was entitled to restitution of illegally collected fees paid after the st
• Artcraft Novelties Corp. v. Baxter Lane Co. OF Amarillo
  685 F.2d 988· 5th Cir.· 1982-09-16 ·cited 5×
  The court held that the defendant's prior use evidence was inadmissible, the plaintiff's trademark was valid and infringed, and the injunction was proper.
• Ryan v. Town OF Manalapan
  414 So. 2d 193· Fla.· 1982-05-06 ·cited 5×
  The Florida Supreme Court held that restrictive covenants on private land are not enforceable against a public body acquiring that land for public purposes, whether by eminent domain or by purchase and agreement. The Court affirmed the dismissal of the Town of Manalapan and Palm
• Terry v. The Penn Cent. Corp. & Colt Indus. Inc.
  668 F.2d 188· 3d Cir.· 1981-12-23 ·cited 5×
  Shareholders are not entitled to a class vote on the proposed merger or dissent and appraisal rights under Pennsylvania law, as the transaction does not qualify as a de facto merger and the corporate articles do not grant such rights.
• Black Gold, Ltd. v. Rockwool Indus., Inc.
  666 F.2d 1308· 10th Cir.· 1981-12-09 ·cited 5×
  The court held that a judgment is not final for appeal purposes until the issue of attorney's fees is resolved.
• Colonel Roland F. Cinciarelli v. The Honorable Jimmy Carter
  662 F.2d 73· D.C. Cir.· 1981-08-21 ·cited 5×
  The court held that a Standard Written Agreement (SWAG) for active duty creates binding contractual rights upon execution, entitling the reservist to procedural guarantees before the active duty term begins, unless the agreement is invalid due to violation of a service order with
• Wegmann v. London
  648 F.2d 1072· 5th Cir.· 1981-06-26 ·cited 5×
  The court held that the district court erred in dismissing the suit for lack of subject-matter jurisdiction, as the claims arose under the Sherman Act.
• Adams v. Wainwright
  512 F. Supp. 948· N.D. Fla.· 1981-04-15 ·cited 5×
  The court held that the state's prison regulations created a liberty interest for the plaintiff, and the procedures used to transfer him to administrative confinement violated his Fourteenth Amendment due process rights.
• Danford v. City OF Rockledge
  387 So. 2d 968· Fla. 5th DCA· 1980-09-17 ·cited 5×
  A police officer dismissed by the City of Rockledge filed suit for wrongful discharge and related torts after initially settling a prior dispute. The trial court granted the defendants' summary judgment motion based on a release/res judicata defense, but the appellate court rever
• Kennedy v. Landon
  598 F.2d 337· 4th Cir.· 1979-05-24 ·cited 5×
  The court held that while the decision to reopen the application period may have been discriminatory, the overall selection of the best-qualified candidate was not, and thus the plaintiff was not entitled to appointment or monetary damages.
• Jonita, Inc. v. Lewis
  368 So. 2d 114· Fla. 1st DCA· 1979-03-08 ·cited 5×
  Jonita, Inc. appeals a judgment granting easement rights to subdivision property owners over a closed section of Entrance Road and imposing restrictions on fence construction around a golf course. The court held that easement rights cannot be created by implication based solely o
• United States Brewers Ass'n, Inc. v. Perez
  592 F.2d 1212· 1st Cir.· 1979-02-21 ·cited 5×
  The Butler Act bars federal court jurisdiction over suits seeking to restrain the collection of taxes imposed by Puerto Rico, even if the suit challenges an exemption and seeks to equalize tax burdens.
• Nat'l State Bank OF Elizabeth v. Smith
  591 F.2d 223· 3d Cir.· 1979-01-15 ·cited 5×
  The court held that a recent amendment to the National Bank Act validated the Comptroller's action in limiting a national bank's operations to trust company business, requiring reversal of the district court's judgment. The court also reinstated claims against other defendants fo
• Howell C. Willis v. Alexander
  575 F.2d 495· 5th Cir.· 1978-06-19 ·cited 5×
  The court held that federal courts lack subject matter jurisdiction to grant injunctive or declaratory relief in cases involving federal taxes, and that the taxpayer's constitutional challenges were without merit.
• Am. Broad. Cos., Inc. v. Cuomo
  570 F.2d 1080· 2d Cir.· 1977-09-21 ·cited 5×
  The court held that excluding ABC's management crew from campaign activities under threat of arrest for criminal trespass violates the First Amendment and warrants federal injunctive relief, reversing the lower court's dismissal.
• Party v. Pomerleau
  557 F.2d 410· 4th Cir.· 1977-06-28 ·cited 5×
  The court held that Baltimore's noise control ordinance, as applied to the amplification of political speech on public streets, is unconstitutionally vague and overbroad.
• Alton J. Bailey v. Ryan Stevedoring Co., Inc.
  533 F.2d 976· 5th Cir.· 1976-06-17 ·cited 5×
• Hudson Tire Mart, Inc. v. AETNA Cas. & Sur. Co.
  518 F.2d 671· 2d Cir.· 1975-06-27 ·cited 5×
  The court held that the insured's claim of due process violation regarding the Cooperation Clause was unfounded, and the denial of preliminary injunctive relief was not an abuse of discretion.
• Brennan v. Correa
  513 F.2d 161· 8th Cir.· 1975-04-07 ·cited 5×
  The court held that the District Court abused its discretion in denying a permanent injunction against child labor violations of the Fair Labor Standards Act.
• Barco Chems. Div., Inc. v. Colton
  296 So. 2d 649· Fla. 3d DCA· 1974-06-26 ·cited 5×
  Barco Chemicals appeals a directed verdict dismissing its action for injunctive relief to enforce a restrictive covenant in an employment contract. The court reversed, holding that a trial judge cannot refuse to enforce a valid restrictive covenant merely by finding it would prod