Injunctive Relief

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

• Calhoun v. ST. Bernard Parish
  937 F.2d 172· 5th Cir.· 1991-08-01 ·cited 4×
  Police Jurors are entitled to legislative immunity against damages in their individual capacities for actions related to zoning decisions.
• Campos v. Nail
  940 F.2d 495· 9th Cir.· 1991-07-30 ·cited 4×
  The district court has subject matter jurisdiction to hear claims alleging a pattern and practice by immigration officials that violates the constitutional rights of a class of aliens, even if a statute grants exclusive jurisdiction to the court of appeals for review of final dep
• Walt Shinault v. Am. Airlines, Inc.
  936 F.2d 796· 5th Cir.· 1991-07-25 ·cited 4×
  The Air Carrier Access Act (ACAA) allows for a private cause of action and recovery of compensatory and emotional distress damages, but injunctive relief is subject to the primary jurisdiction of the Department of Transportation.
• Enzo Perlini and Joann Perlini v. Seminole Woods Cmty. Assn., Inc.
  582 So. 2d 1221· Fla. 5th DCA· 1991-06-27 ·cited 4×
  The Perlinis owned a 25-acre parcel adjacent to Seminole Woods subdivision and used the subdivision's private roads to access their property after purchasing lot 25 within the subdivision. The appellate court reversed the trial court's injunction prohibiting the Perlinis from dri
• Multnomah Legal Servs. Workers Union v. Legal Servs. Corp.
  936 F.2d 1547· 9th Cir.· 1991-06-25 ·cited 4×
  The court should hold that LSC's statutory or contractual right to inspect personnel files is subject to a reasonableness requirement, considering the purpose of ensuring grant compliance and employee privacy.
• Sierra Rutile Ltd. v. Shimon Y. Katz
  937 F.2d 743· 2d Cir.· 1991-06-25 ·cited 4×
  The court dismissed the appeal, finding that the district court's actions did not warrant mandamus and that Section 16 of the FAA did not apply.
• Gus H. Crowell for Bonefish Yacht Club, Ltd. v. Monroe Cnty.
  578 So. 2d 837· Fla. 3d DCA· 1991-04-30 ·cited 4×
  A court-appointed receiver for Bonefish Yacht Club challenged Monroe County's revocation of building permit extensions, arguing the county should be equitably estopped from revoking illegally issued permits based on the receiver's reliance. The appellate court affirmed the trial
• Faucher v. Fed. Election Comm'n
  928 F.2d 468· 1st Cir.· 1991-03-21 ·cited 4×
  The court held that the FEC regulation 11 C.F.R. § 114.4(b)(5) is invalid because it exceeds the statutory authority granted by the Federal Election Campaign Act (FECA) by restricting issue advocacy, which the Supreme Court has limited to express advocacy.
• Mustafa Al-Alamin v. Gramley
  926 F.2d 680· 7th Cir.· 1991-03-06 ·cited 4×
  The court held that the district court erred in ordering statewide injunctive relief and awarding damages because the prison officials made reasonable efforts to accommodate the Muslim inmates' religious practices, and there was no ongoing constitutional violation.
• James A. Privitera, M.D. v. Cal. Bd. OF Med. Quality Assurance
  926 F.2d 890· 9th Cir.· 1991-02-25 ·cited 4×
  The court held that the district court's stay order, which effectively denied a preliminary injunction, was immediately appealable and that the stay itself was improper as it did not meet the criteria for any established abstention doctrine. The court also found that the district
• Myers v. Miller
  581 So. 2d 904· Fla. 2d DCA· 1991-02-22 ·cited 4×
  Mobile home park residents appealed final judgments entered against them after the trial court found, on motions for judgment on the pleadings, that they had settled a dispute over the duration and lawfulness of a ten-year water and sewer assessment via notations on their final p
• Bryant v. Dick Cheney
  924 F.2d 525· 4th Cir.· 1991-01-25 ·cited 4×
  The court held that the appellant lacked Article III standing to seek declaratory or injunctive relief because he could not demonstrate a real and immediate threat of future injury, as his adverse employment action had been expunged and there was no indication of recurrence.
• United States v. Commonwealth of Pa.
  923 F.2d 1071· 3d Cir.· 1991-01-22 ·cited 4×
  The court held that the district court abused its discretion by dismissing the United States' declaratory judgment action, as the federal forum is appropriate for adjudicating sovereign immunity claims, especially when the state court proceeding is inadequate.
• Young v. Lane
  922 F.2d 370· 7th Cir.· 1991-01-07 ·cited 4×
• Charles Jacquin ET CIE, Inc. v. Destileria Serralles, Inc.
  921 F.2d 467· 3d Cir.· 1990-12-13 ·cited 4×
  The court held that the district court did not err in directing a verdict for punitive damages, nor in limiting the injunction to cordials and specialties, but erred in limiting the injunction solely to Pennsylvania due to mathematical errors in sales data.
• Turkey Creek, Inc. v. City OF Gainesville
  570 So. 2d 1055· Fla. 1st DCA· 1990-11-27 ·cited 4×
  Turkey Creek, Inc. appeals a summary judgment in favor of the City of Gainesville regarding the enforceability of a 1981 stipulation and final judgment concerning storm water drainage requirements for the Northwood Center property. The court found the disputed drainage provision
• Celso Lopez v. R.D. Garriga
  917 F.2d 63· 1st Cir.· 1990-10-17 ·cited 4×
  The court held that the district court erred in granting equitable relief because the plaintiff failed to establish a basis for such relief after a jury verdict determined his constitutional rights were not violated.
• Thomas v. Wash. Cnty. Sch. Bd.
  915 F.2d 922· 4th Cir.· 1990-10-05 ·cited 4×
  The court held that while the plaintiff did not prove intentional discrimination for a past hiring decision, the school board's hiring practices constituted a disparate impact violating Title VII, entitling the plaintiff to prospective injunctive relief.
• In re Nordic Vill., Inc. v. Nordic Vill., Inc.
  915 F.2d 1049· 6th Cir.· 1990-10-04 ·cited 4×
  The court held that the IRS cannot assert sovereign immunity in this bankruptcy action and that the IRS failed to carry its burden of proving it took the transfer in good faith and without knowledge of its voidability.
• Ivory Watson and Calley Watson v. Fraternal Order OF Eagles
  915 F.2d 235· 6th Cir.· 1990-10-01 ·cited 4×
  The court held that 42 U.S.C. § 1981 applies to refusals to contract by private clubs, and the private club exception in Title II of the Civil Rights Act of 1964 does not limit § 1981 actions. The court also held that the Grand Aerie is not liable under § 1981 as no evidence show
• Hudson v. Edward M. Burke & the City of Chicago
  913 F.2d 427· 7th Cir.· 1990-09-18 ·cited 4×
  The court held that the positions of Finance Committee investigators were inherently political, making political affiliation an appropriate consideration for hiring and firing. Therefore, the appellants' terminations did not violate their constitutional rights.
• Beaton v. Thompson
  913 F.2d 701· 9th Cir.· 1990-08-31 ·cited 4×
  The court held that Washington Administrative Code 388-24-050(3) is invalid because it violates federal AFDC regulations by improperly imputing income from non-legally responsible relatives.
• Prof'l Lawn Care Ass'n v. Vill. OF Milford
  909 F.2d 929· 6th Cir.· 1990-08-01 ·cited 4×
  The court held that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) impliedly preempts local ordinances regulating pesticide use, even those framed as public notice requirements.
• Ayers v. The Philadelphia Hous. Auth.
  908 F.2d 1184· 3d Cir.· 1990-07-30 ·cited 4×
  Federal law, specifically HUD regulations governing the Turnkey III program, preempts Pennsylvania Acts 6 and 91. Therefore, the PHA is not required to comply with these state laws regarding foreclosure and default notices.
• Former Special Project Emps. Ass'n v. City OF Norfolk
  909 F.2d 89· 4th Cir.· 1990-07-19 ·cited 4×
  The Court held that the Demonstration Cities and Metropolitan Development Act of 1966 did not create an implied private cause of action, nor did it create enforceable rights under 42 U.S.C.A. § 1983 for employees seeking civil service status and pension credit.
• S. Pac. Transp. Co. v. Pub. Serv. Comm'n OF Nev.
  909 F.2d 352· 9th Cir.· 1990-07-18 ·cited 4×
  State regulations requiring permits for handling hazardous materials are preempted by federal law when they are inconsistent with or an obstacle to the federal scheme, and DOT's inconsistency rulings deserve deference.
• Revell v. Paschal
  564 So. 2d 218· Fla. 4th DCA· 1990-07-11 ·cited 4×
  The Florida Parole Commission chairman and Department of Corrections secretary appealed a trial court's denial of their motion to dismiss or change venue in an inmate's action seeking declaratory and injunctive relief to challenge factual findings used in denying his parole. The
• Kendrix M. Easley v. Univ. OF Mich. Bd. OF Regents
  906 F.2d 1143· 6th Cir.· 1990-07-02 ·cited 4×
  The court held that Judge Feikens did not abuse his discretion in denying the recusal motion, as his affiliations with the University of Michigan did not create a reasonable question about his impartiality.
• Vieux v. E. BAY Reg'l Park Dist.
  906 F.2d 1330· 9th Cir.· 1990-06-26 ·cited 4×
  The court held that the ICC's exemption from abandonment procedures was not an 'Act of Congress' decree of abandonment under 43 U.S.C. § 912, and that the county's establishment of a public highway within one year of the railroad's cessation of use extinguished any reversionary r
• Natural Res. Def. Council, Inc. v. Texaco Ref. & Mktg., Inc.
  906 F.2d 934· 3d Cir.· 1990-06-20 ·cited 4×
  The court held that the district court erred by presuming irreparable harm and failing to apply the traditional equitable standard when issuing a permanent injunction under the Clean Water Act.
• Penny Saver Publ'ns v. Vill. OF Hazel Crest
  905 F.2d 150· 7th Cir.· 1990-06-14 ·cited 4×
  The court held that the village ordinance was unconstitutionally vague as applied to potential advertisers in newspapers of general circulation, and that Penny Saver had standing to seek damages for lost revenues.
• Sacramento Reg'l Cnty. Sanitation Dist. v. Reilly
  905 F.2d 1262· 9th Cir.· 1990-06-08 ·cited 4×
  The court held that the Clean Water Act does not authorize federal funding for the acquisition of mitigation wetlands, as such lands are not an integral part of the treatment process and thus not 'treatment works'.
• Soc'y FOR Good Will TO Retarded Child., Inc. v. Cuomo
  902 F.2d 1085· 2d Cir.· 1990-05-04 ·cited 4×
  The court held that the district court erred by failing to make specific factual findings under Rule 52(a), misapplying the professional judgment standard from Youngberg, and ordering community placement without narrowly tailoring it to specific constitutional violations.
• Anderson v. Hodel
  899 F.2d 766· 9th Cir.· 1990-03-07 ·cited 4×
  The court held that the district court erred in granting summary judgment due to an insufficiently developed record and that the plaintiff's failure to exhaust administrative remedies or show immediate injury were not fatal to his claim.
• Weitzman v. Stein
  897 F.2d 653· 2d Cir.· 1990-03-01 ·cited 4×
  An injunction freezing a party's assets was improperly entered because it lacked notice to the party and the court failed to make required findings of fact and conclusions of law, and because personal jurisdiction had not been sufficiently established.
• MT. Adams Veneer Co. v. United States
  896 F.2d 339· 9th Cir.· 1990-02-13 ·cited 4×
  The court should have granted injunctive relief to allow amendment of buy-out applications.
• Vieux v. E. BAY Reg'l Park Dist.
  893 F.2d 1558· 9th Cir.· 1990-01-10 ·cited 4×
  The court held that the ICC's Notice of Exemption was not a decree of abandonment under 43 U.S.C. § 912, and therefore, landowners did not acquire reversionary rights to the railroad rights of way.
• Lei Abbott v. Harlan Owens Williams, Jr.
  888 F.2d 1550· 11th Cir.· 1989-11-30 ·cited 4×
  A divorce decree does not automatically extinguish all tort claims arising during the marriage, and a settlement agreement must clearly indicate intent to resolve such claims for res judicata to apply.
• Dreamlite Holdings Ltd. v. Kraser
  890 F.2d 1147· Fed. Cir.· 1989-11-28 ·cited 4×
  The court held that the appeal was frivolous and affirmed the district court's enforcement order, awarding attorney fees and double costs against the appellants and their attorney.
• Nuclear Transp. & Storage, Inc. v. United States
  890 F.2d 1348· 6th Cir.· 1989-10-17 ·cited 4×
  The court held that the district court did not err in converting the motion to dismiss to a summary judgment motion without further notice, and that the plaintiff's claims were properly dismissed.
• Zajac v. Fed. Land Bank OF ST. Paul
  887 F.2d 844· 8th Cir.· 1989-10-05 ·cited 4×
• Concerned Women FOR Am., Inc. v. Lafayette Cnty. & Oxford Pub. Library
  883 F.2d 32· 5th Cir.· 1989-09-14 ·cited 4×
  The court held that the library, by allowing diverse community groups to use its auditorium, created a public forum, and therefore could not exclude CWA based on the religious content of its meetings.
• Gaddy v. Abex Corp. & Miguel Solis
  884 F.2d 312· 7th Cir.· 1989-09-06 ·cited 4×
  The court affirmed the grant of a new trial and the finding of sex discrimination but reversed the injunction against retaliation and remanded for recalculation of damages due to failure to account for plant shutdowns.
• Taylor BAY Protective Assoc. v. Adm'r, United States Env't Prot. Agency
  884 F.2d 1073· 8th Cir.· 1989-09-01 ·cited 4×
  The court affirmed the district court's findings that the Districts' operation of the flood control project constituted a nuisance and that the Corps' Section 216 report was not subject to judicial review.
• Pool v. Mo. Dep't OF Corr. & Human Res.
  883 F.2d 640· 8th Cir.· 1989-08-28 ·cited 4×
  The court held that the district court erred in dismissing the inmate's claim for inadequate staffing and protection under Count 1 as barred by res judicata, mootness, or frivolousness, and reversed the dismissal as to defendant Moore.
• Van Johnson v. Bowers
  884 F.2d 1053· 8th Cir.· 1989-08-22 ·cited 4×
  The court affirmed the jury's denial of damages but remanded for the district court to rule on the prisoner's claim for injunctive relief regarding necessary surgery.
• Mapp v. Honorable Bent Lawaetz
  882 F.2d 49· 3d Cir.· 1989-08-04 ·cited 4×
  The court held that the legislature's determination of Mapp's ineligibility for office, based on residency and voter registration requirements, was a matter entrusted to the legislature's sole judgment and did not violate Mapp's due process rights, even if a simple majority vote
• Lear Siegler, Inc. v. Lehman
  893 F.2d 205· 9th Cir.· 1989-07-17 ·cited 4×
  Lear Siegler did not qualify as a prevailing party under the Equal Access to Justice Act and is therefore not entitled to attorney fees.
• Tanner v. Heise
  879 F.2d 572· 9th Cir.· 1989-06-27 ·cited 4×
  The arresting officers complied with state law and did not conspire to violate Tanner's constitutional rights by arresting him.
• Linden W. Shipman v. Mo. Dep't OF Fam. Servs.
  877 F.2d 678· 8th Cir.· 1989-06-12 ·cited 4×
  The court held that the plaintiff's claims regarding the 1982 enactments were moot, he lacked standing to challenge the 1984 enactments, and he failed to establish a causal connection for attorney fees.