Injunctive Relief

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

• Mychelle Davis v. Marsh
  876 F.2d 1446· 9th Cir.· 1989-06-12 ·cited 4×
  The failure to raise federal constitutional claims in the military court system bars a litigant from raising them in federal court, absent a showing of cause and prejudice, mirroring the rule for state convictions.
• Love OUR Lakes Ass'n v. Pasco Cnty.
  543 So. 2d 855· Fla. 2d DCA· 1989-05-17 ·cited 4×
  The court held that the Teagues, as abutting property owners, should be allowed to amend their complaint to allege causes of action for declaratory relief and equitable relief based on improper notice regarding land use permission.
• City OF NEW Smyrna Beach v. Bd. OF Trs. OF the Internal Improvement Tr. Fund
  543 So. 2d 824· Fla. 5th DCA· 1989-05-11 ·cited 4×
  The City of New Smyrna Beach appealed a trial court judgment that found certain beach toll expenditures violated Florida's Coastal Zone Protection Act and that the toll amounts were unreasonable and discriminatory. The appellate court reversed most of the trial court's conclusion
• Sterling v. Calvin
  874 F.2d 571· 8th Cir.· 1989-05-11 ·cited 4×
  The court held that plaintiffs failed to show a substantial likelihood that past illegal conduct would recur, and adequate state remedies exist, thus precluding injunctive relief.
• Traverso v. Carleton Penn
  874 F.2d 209· 4th Cir.· 1989-05-10 ·cited 4×
  The court held that the district court's res judicata determination was erroneous because the state conviction was overturned, and that the § 1983 action should be stayed pending the outcome of a new state prosecution under abstention principles.
• Inmates OF the Allegheny Cnty. Jail v. Cyril H. Wecht
  874 F.2d 147· 3d Cir.· 1989-05-04 ·cited 4×
  The court affirmed the district court's order imposing a contempt sanction and the order closing the old jail facility, finding both were appropriate remedies for unconstitutional conditions of confinement.
• Seneca-Cayuga Tribe OF Oklahoma v. State OF Okla. ex rel. David L. Thompson
  874 F.2d 709· 10th Cir.· 1989-05-03 ·cited 4×
  The court held that the district court was not required to abstain from exercising its jurisdiction and properly issued a preliminary injunction against the state's interference with tribal bingo operations.
• Cress Bernard v. AIR Line Pilots Ass'n, Int'l, AFL-CIO
  873 F.2d 213· 9th Cir.· 1989-04-26 ·cited 4×
  A union breaches its duty of fair representation by excluding previously nonunion pilots from seniority integration negotiations following a merger and by failing to follow its own internal merger policies.
• Seven Star, Inc. v. United States
  873 F.2d 225· 9th Cir.· 1989-04-24 ·cited 4×
  The court held that the district court did not abuse its discretion in denying injunctive relief because the plaintiffs failed to demonstrate a likelihood of success on the merits of their claim for H-2 temporary worker visas.
• United States v. Gregory
  871 F.2d 1239· 4th Cir.· 1989-04-14 ·cited 4×
  The court held that the district court erred in failing to consider the Sheriff's admissions and the Government's statistical evidence, which established a pattern or practice of sex discrimination in violation of Title VII.
• Am. Postal Workers Union v. United States Postal Serv.
  871 F.2d 556· 6th Cir.· 1989-03-27 ·cited 4×
  The court held that employees who signed Postal Service Form 4943, which stated their lockers were subject to inspection, waived their Fourth Amendment rights against warrantless searches.
• AXIS v. Micafil, Inc.
  870 F.2d 1105· 6th Cir.· 1989-03-24 ·cited 4×
  The court held that the plaintiff failed to allege an antitrust injury, as the claimed injury was not of the type the antitrust laws were intended to prevent and did not flow from the anticompetitive aspect of the defendant's acquisition.
• Welborn v. Reynolds Metals Co.
  868 F.2d 389· 11th Cir.· 1989-03-20 ·cited 4×
  The court held that the district court erred in refusing to allow an evidentiary hearing for backpay after the original trial and for reinstatement, but affirmed the denial of backpay for the period before the original trial and the denial of injunctive relief.
• John H. Hartley, Jr., M.D. v. Mentor Corp.
  869 F.2d 1469· Fed. Cir.· 1989-03-14 ·cited 4×
  A prior judgment holding a patent invalid, even if entered by stipulation, can preclude relitigation of that validity issue by a third party, provided the issue was actually litigated and essential to the judgment.
• Kessel Food Mkts., Inc. v. Nat'l Labor Relations Bd.
  868 F.2d 881· 6th Cir.· 1989-03-01 ·cited 4×
  The court held that the National Labor Relations Board's (NLRB) process of seeking an injunction under § 10(j) and then adjudicating unfair labor practice charges does not violate due process. The court also affirmed the Board's findings regarding discriminatory hiring practices
• Stinson v. Ironworkers Dist. Council OF S. Ohio & Vicinity Benefit Tr.
  869 F.2d 1014· 7th Cir.· 1989-02-21 ·cited 4×
  The court held that the withdrawal amendment to the trust agreement did not violate Section 302(c)(5) of the Labor Management Relations Act, as it was adopted to ensure the trust's financial stability and continued to benefit some of Local 22's members.
• United States v. M.C.C. OF Fla., Inc.
  863 F.2d 802· 11th Cir.· 1989-01-17 ·cited 4×
  The court denied the appellants' petition for rehearing, finding their interpretation of Tull v. United States regarding jury trials was incorrect. The court also granted the State's petition for rehearing in part, relieving it from certain costs.
• State v. Stanjeski
  541 So. 2d 1214· Fla. 2d DCA· 1989-01-13 ·cited 4×
  The Florida Second District Court of Appeal upheld a trial court's declaration that section 61.14(5), Florida Statutes (1987), violates the constitutional rights of child support obligors to access to courts and due process by allowing automatic judgment entry for delinquent supp
• Int'l Bhd. of Teamsters v. Ass'n of Flight Attendants, Afl-Cio
  864 F.2d 173· D.C. Cir.· 1988-12-23 ·cited 4×
  The court affirmed the district court's award of attorneys' fees and costs, solely on the basis of Rule 11, finding the plaintiff's attorney failed to conduct a reasonable pre-filing inquiry.
• Marge Metzer v. Lyng
  864 F.2d 75· 8th Cir.· 1988-12-20 ·cited 4×
  The Food Security Act of 1985, specifically the amendment excluding lender-retained student loan fees from income, became effective immediately upon enactment, entitling recipients to retroactive benefits.
• Amanullah AND Wahidullah v. Cobb
  862 F.2d 362· 1st Cir.· 1988-11-22 ·cited 4×
  The court affirmed the judgment, finding that deportation to India was prevented by § 1253(h) given India's refusal to accept the aliens.
• The Town OF Huntington v. Marsh
  859 F.2d 1134· 2d Cir.· 1988-10-19 ·cited 4×
  The court held that the 1980 amendment to the Ocean Dumping Act applies to the designation of a new disposal site in Long Island Sound, and the Corps' Environmental Impact Statement was inadequate for failing to analyze the types, quantities, and cumulative effects of waste dispo
• Spears v. W.E. Johnson
  859 F.2d 853· 11th Cir.· 1988-10-19 ·cited 4×
  A prisoner's individual damages claim is not barred by a pending class action seeking injunctive relief, even if the class action addresses similar conditions.
• Ballard v. Honorable Fad Wilson
  856 F.2d 1568· 5th Cir.· 1988-10-11 ·cited 4×
  Federal courts should abstain from enjoining or issuing declaratory judgments regarding pending state criminal proceedings under the Younger doctrine, but must retain jurisdiction over claims for monetary relief that cannot be redressed in state court.
• Schlumberger Tech. Corp. v. Blaker
  859 F.2d 512· 7th Cir.· 1988-10-06 ·cited 4×
  The court held that an employer may enforce a forfeiture clause in a severance agreement, even if the underlying non-competition clause is unenforceable by injunction, because such clauses do not pose the same threat to competition or employee livelihood.
• Foremost Sales Promotions, Inc. v. Dir., Bureau OF Alcohol, Tobacco & Firearms & David R. Chupp, Midwest Reg'l Regulatory Adm'r
  860 F.2d 229· 7th Cir.· 1988-09-23 ·cited 4×
  The court held that Foremost has standing to challenge the Bureau's enforcement actions and that the 'tied house' and 'commercial bribery' provisions of the FAA Act require a showing of supplier control or the potential for it, not merely an effect on sales.
• Mich. State Chamber OF Commerce v. Austin
  856 F.2d 783· 6th Cir.· 1988-09-15 ·cited 4×
  Section 54(1) of the Michigan Campaign Finance Act is unconstitutional as applied to the Michigan State Chamber of Commerce, a nonprofit corporation formed for ideological purposes, because it infringes upon First Amendment free speech rights without a compelling state interest.
• PMS Distrib. Co., Inc. v. Huber & Suhner
  863 F.2d 639· 9th Cir.· 1988-08-19 ·cited 4×
  The majority erred in holding that the writ of possession was not appealable, as it was issued post-judgment in a section 4 FAA proceeding.
• Tom Wood and wife v. Dozier
  529 So. 2d 1236· Fla. 1st DCA· 1988-08-11 ·cited 4×
  The court held that the trial court erred in entering an overbroad mandatory injunction without an evidentiary hearing on disputed issues regarding the number of units permissible per building under the restrictive covenant.
• Harley McLAIN v. Meier
  851 F.2d 1045· 8th Cir.· 1988-07-08 ·cited 4×
  The court held that while a voter has standing to challenge ballot access laws, North Dakota's laws were not unconstitutionally restrictive, but the district court erred in denying leave to amend regarding a claim about uncounted write-in votes.
• Clallam Cnty. v. Dep't OF Transp.
  849 F.2d 424· 9th Cir.· 1988-06-14 ·cited 4×
  The court held that insurance proceeds and interest paid to the state for bridge damage constitute 'costs of construction' under 23 U.S.C. § 129(a), allowing the state to collect tolls to recoup these amounts.
• Doe v. Gonzalez
  723 F. Supp. 690· S.D. Fla.· 1988-05-31 ·cited 4×
  The court held that Florida Statute § 112.317(6) is unconstitutional on its face and as applied because its restrictions on speech, particularly concerning confidential investigations, infringe upon First Amendment freedoms without sufficient justification.
• Ass'n OF Prof'l Flight Attendants v. Am. Airlines, Inc.
  843 F.2d 209· 5th Cir.· 1988-04-27 ·cited 4×
  The court held that the dispute over wearing a union insignia button on duty is a minor dispute under the Railway Labor Act, subject to the exclusive jurisdiction of the System Board of Adjustment, and thus the district court lacked jurisdiction to grant injunctive relief.
• Interdevco, Inc. v. Hollywood Fed. Sav. & Loan Ass'n
  523 So. 2d 773· Fla. 3d DCA· 1988-04-19 ·cited 4×
  Hollywood Federal Savings and Loan sought a preliminary injunction to prevent disbursement of insurance proceeds from an escrow account, claiming entitlement as collateral for a construction loan. The court reversed, holding that under Florida's UCC Article 9, tort claim proceeds
• Facteau v. Sullivan
  843 F.2d 1318· 10th Cir.· 1988-04-08 ·cited 4×
  The court held that the district court's order dismissing the plaintiff's civil rights suit and referring it to a special master in an ongoing class action was not a final, appealable order.
• Brant v. Cleveland Nat'l Forest Serv.
  843 F.2d 1222· 9th Cir.· 1988-04-06 ·cited 4×
  The court held that it lacks jurisdiction over the appeal because the Federal Circuit has exclusive jurisdiction over appeals from Tucker Act claims, even when mixed with other claims.
• Am. Trading Transp. Co., Inc. v. United States
  841 F.2d 421· D.C. Cir.· 1988-03-15 ·cited 4×
  The court held that the Maritime Administration's (Marad) decision to grant a waiver for a subsidized vessel to enter domestic trade lacked the required reasoned explanation, failing to meet the standards set in Independent United States Tanker Owners Comm. v. Lewis (ITOC).
• Quinn v. The State OF Mo.
  839 F.2d 425· 8th Cir.· 1988-02-11 ·cited 4×
  The court held that a temporary restraining order exceeding ten days, with the practical effect of a preliminary injunction, is appealable under 28 U.S.C. § 1292(a)(1), and affirmed the TRO as modified.
• Wash. State Elec. Contractors Ass'n, Inc. v. Forrest
  839 F.2d 547· 9th Cir.· 1988-02-08 ·cited 4×
  The state department of labor and the apprenticeship council are immune from antitrust liability under the state-action doctrine because their actions are pursuant to a clearly articulated state policy and are actively supervised by the state.
• Volvo N. Am. Corp. v. Men's Int'l Prof'l Tennis Council
  839 F.2d 69· 2d Cir.· 1988-02-08 ·cited 4×
  The court held that the dismissal of antitrust claims seeking injunctive relief, without leave to replead, is immediately appealable under 28 U.S.C. § 1292(a)(1) because it has the practical effect of refusing an injunction and causes serious, irreparable harm that can only be ch
• The Baltimore & Ohio R.R. Co. v. Oberly
  837 F.2d 108· 3d Cir.· 1988-01-08 ·cited 4×
  Delaware's noise control statute and regulations are not facially preempted by the federal Noise Control Act because the federal law only preempts state standards when identical federal regulations exist, and EPA has not issued such regulations for refrigerator cars or property l
• Guiney v. Roache
  833 F.2d 1079· 1st Cir.· 1987-12-02 ·cited 4×
  The court held that abstention under the Pullman doctrine was improper because the state constitutional provision at issue was parallel to the federal constitutional provision, and the meaning of the challenged rule was not unsettled under state law. The court also found that the
• City OF Fort Myers v. News-Press Publ'g Co., Inc.
  514 So. 2d 408· Fla. 2d DCA· 1987-10-28 ·cited 4×
  The City of Fort Myers challenged whether Florida's Sunshine Law applies to collective bargaining negotiations after an impasse is declared. The court held that all negotiations between bargaining representatives, including post-impasse discussions, must comply with the Sunshine
• Bertrand v. Jorden
  672 F. Supp. 1417· M.D. Fla.· 1987-10-16 ·cited 4×
  The court held that the defendant farm labor contractor violated the Farm Labor Contractor Registration Act (FLCRA) by failing to provide required disclosures, maintain proper records, and submit accurate information to growers, warranting statutory damages for each violation.
• Ireland v. Shultz
  829 F.2d 1189· D.C. Cir.· 1987-10-02 ·cited 4×
  The court held that equitable relief in the form of retroactive reinstatement was not appropriate due to the significant passage of time and the appellant's age, and that the claim was essentially one for monetary damages properly belonging in the Claims Court.
• Salem Laundry Co. v. NEW England Teamsters & Trucking Indus. Pension Fund
  829 F.2d 278· 1st Cir.· 1987-09-28 ·cited 4×
  The court held that the parties did not have a binding oral contract prior to the execution of the written agreement, and therefore Salem was not relieved of withdrawal liability.
• Sable Commc'ns OF Cal., Inc. v. Fed. Commc'ns Comm'n
  827 F.2d 640· 9th Cir.· 1987-09-11 ·cited 4×
  The court held that the district court lacked jurisdiction to review the FCC regulation but had jurisdiction to consider a facial challenge to the statute, and the case was justiciable.
• Sabador Rosas v. Brock
  826 F.2d 1004· 11th Cir.· 1987-09-08 ·cited 4×
  Federal courts have jurisdiction to review constitutional claims challenging administrative eligibility decisions under the Disaster Relief Act, but not claims challenging the interpretation or promulgation of regulations as discretionary actions.
• NEW England Int'l Sur., Inc. v. State
  511 So. 2d 731· Fla. 4th DCA· 1987-08-26 ·cited 4×
  New England International Surety, Inc. appealed a circuit court order transferring venue from Palm Beach County to Leon County in a declaratory relief action challenging the Florida Department of Insurance's authority to regulate its business. The court held that the "sword-wield
• Arecibo Radio Corp. v. Commonwealth OF Puerto RICO
  825 F.2d 589· 1st Cir.· 1987-08-03 ·cited 4×
  The federal court is barred by the preclusive effect of prior state court judgments from entertaining a suit seeking to overturn those judgments.