Injunctive Relief

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

• Refugio Fernandez v. Brock
  822 F.2d 865· 9th Cir.· 1987-07-20 ·cited 4×
  Migrant farmworkers lack standing to compel the Secretary of the Treasury to promulgate ERISA regulations for seasonal workers because the redressability of their alleged injury is speculative.
• Chien-Shih Wang v. Attorney General OF the United States
  823 F.2d 1273· 8th Cir.· 1987-07-17 ·cited 4×
  The court held that the Immigration and Naturalization Service's (INS) conduct, including delay and attempting to blame the applicant, did not rise to the level of affirmative misconduct required to estop the government from applying a new law.
• Emmett Doyle v. United States
  817 F.2d 1235· 5th Cir.· 1987-06-02 ·cited 4×
  The court held that the district court did not err in awarding the full amount of attorney's fees requested by the government and in assessing sanctions against each plaintiff individually under Rule 11.
• Gov't of the Virgin Islands v. SUN Island CAR Rentals
  819 F.2d 430· 3d Cir.· 1987-06-01 ·cited 4×
  The court held that the district court had subject matter jurisdiction and correctly interpreted the statute requiring mailed notice of parking tickets and liens to the registered owner.
• The NEW Orleans S.S. Ass'n v. Plaquemines Port Harbor & Terminal Dist.
  816 F.2d 1074· 5th Cir.· 1987-05-19 ·cited 4×
  The court held that the district court properly dismissed NOSA's complaint because the claim for injunctive relief against future assessments was moot, and the claim for injunction against collection of past illegal assessments was not adequately supported by allegations of prese
• Ibtcwha v. W. AIR Lines, Inc.
  813 F.2d 1359· 9th Cir.· 1987-03-31 ·cited 4×
  The court held that disputes concerning the interpretation and application of collective bargaining agreements, even in the context of a merger, are minor disputes under the Railway Labor Act and are arbitrable, not subject to the exclusive jurisdiction of the National Mediation
• Burlington N. R.R. Co. v. Pub. Util. Comm'n OF Tex.
  812 F.2d 231· 5th Cir.· 1987-03-12 ·cited 4×
  The Staggers Rail Act does not preempt a state utility commission from disclosing rail contracts entered into by utilities it regulates, even if state rail regulators are preempted from doing so.
• Bd. OF Educ. OF the City OF Peoria v. Ill. State Bd. OF Educ.
  810 F.2d 707· 7th Cir.· 1987-01-27 ·cited 4×
  The court held that the State Board of Education has a duty under federal law to combat intentional racial segregation, and cannot delegate this responsibility to local school districts when they are the potential violators.
• Shea v. Cnty. OF Rockland
  810 F.2d 27· 2d Cir.· 1987-01-21 ·cited 4×
  Compensatory damages for non-economic loss, such as mental pain and suffering, cannot be recovered under 28 U.S.C. § 1875.
• City of New Haven v. United States
  809 F.2d 900· D.C. Cir.· 1987-01-20 ·cited 4×
  The unconstitutional legislative veto provision in section 1013 of the Impoundment Control Act is inseverable from the remainder of the section, rendering the entire section void.
• Haase v. Webster
  807 F.2d 208· D.C. Cir.· 1986-12-09 ·cited 4×
  The court affirmed the dismissal of the request for injunctive relief as moot but reversed the dismissal of the request for declaratory relief, remanding for further proceedings.
• Dean v. Coughlin
  804 F.2d 207· 2d Cir.· 1986-10-28 ·cited 4×
  The court held that the district court abused its discretion by imposing its own detailed plan for prison dental care without sufficient deference to the state's proposed plan.
• Davis v. Richmond
  803 F.2d 1322· 4th Cir.· 1986-10-21 ·cited 4×
  The court held that the district court's finding that training inexperienced persons as yard locomotive engineers would not be substantially more expensive or time-consuming than training experienced trainmen was clearly erroneous.
• Shultz v. Crowley
  802 F.2d 498· D.C. Cir.· 1986-09-18 ·cited 4×
  A judgment finally disposing of the merits of a suit is final and appealable, even if a request for statutory attorney's fees remains pending.
• Gemveto Jewelry Co., Inc. v. Jeff Cooper Inc. & Jeff Cooper
  800 F.2d 256· Fed. Cir.· 1986-09-05 ·cited 4×
  The court held that an injunction under state common law of unfair competition cannot enjoin the copying of jewelry designs themselves, but must be narrowly tailored to prohibit specific acts of palming-off or deceptive marketing that cause customer confusion as to source.
• Mazanec v. N. Judson-San Pierre Sch. Corp.
  798 F.2d 230· 7th Cir.· 1986-08-12 ·cited 4×
  The court held that the plaintiffs' claims for injunctive and declaratory relief were moot, that no wrongdoing precluded monetary awards against the school corporation and its superintendent, and that the plaintiffs were not prevailing parties entitled to attorney's fees under 42
• Lovell v. United States
  795 F.2d 976· 11th Cir.· 1986-08-08 ·cited 4×
  The court held that the dissent's arguments regarding the anti-injunction act and due process were not properly before the court due to a failure to contest a finding of no irreparable harm.
• W.G. Taylor v. Mo. Pac. R.R. Co.
  794 F.2d 1082· 5th Cir.· 1986-07-23 ·cited 4×
  The court held that provisions of a collective bargaining agreement limiting switchmen to representation by their certified bargaining agent in company-level grievance and disciplinary proceedings are invalid under the Railway Labor Act when those switchmen are members of a diffe
• Crosby v. Soc. Sec. Admin. OF the United States
  796 F.2d 576· 1st Cir.· 1986-07-22 ·cited 4×
  The court held that class-wide injunctive relief for delays in Social Security disability benefit claims is precluded by Heckler v. Day, as the reasonableness of delays must be assessed on a case-by-case basis.
• Penthouse Int'l, Ltd. v. Barnes
  792 F.2d 943· 9th Cir.· 1986-06-24 ·cited 4×
  The court held that the agent acted within his implied actual authority in modifying the contract by adding 'AKA,' and that this modification meant Penthouse could only publish the photographs under a fictitious name. However, the court reversed the portion of the relief ordering
• SAN Francisco Cnty. Democratic Cent. Comm. v. March Fong EU
  792 F.2d 802· 9th Cir.· 1986-06-18 ·cited 4×
  California's Elections Code provisions that dictate the membership of state central committees, the term of office for committee chairs, and prohibit preprimary endorsements by central committees violate the First Amendment rights of political parties to freedom of association an
• Chagnon v. Bowen
  792 F.2d 299· 2d Cir.· 1986-06-05 ·cited 4×
  The court held that the Supreme Court's decision in Heckler v. Day, which invalidated judicially imposed deadlines for the adjudicatory process of determining eligibility for social security benefits, does not preclude the imposition of deadlines for the payment of benefits to in
• Carroll Barnett and Harold McBrine v. Bowen
  794 F.2d 17· 2d Cir.· 1986-05-30 ·cited 4×
  The Supreme Court's decision in Heckler v. Day, which invalidated mandatory deadlines for administrative disability claim processing, did not preclude all forms of class-wide relief for unreasonable delays.
• Healy v. Town of Pembroke Park
  643 F. Supp. 1208· S.D. Fla.· 1986-05-29 ·cited 4×
  The court held that individual defendants are immune from § 1983 liability due to absolute legislative immunity, but the Town is liable for violating plaintiffs' civil rights. The court granted partial summary judgment on liability for the plaintiffs against the Town and granted
• Dial v. Coler
  791 F.2d 78· 7th Cir.· 1986-05-15 ·cited 4×
  The Eleventh Amendment bars claims for notice and declaratory relief when there is no ongoing violation of federal law to enjoin, and the claims of the Vondran subclass are not ripe for review due to a lack of a concrete dispute about current state policy.
• Dep't OF Env't Reg. v. Montco Research Prods., Inc.
  489 So. 2d 771· Fla. 5th DCA· 1986-04-24 ·cited 4×
  The Department of Environmental Regulation appealed a trial court order that authorized pollution assessment on contaminated property but prohibited use of Water Quality Assurance Trust Fund monies for that assessment. The appellate court granted a writ of certiorari and quashed
• City OF Miami v. Fla. Literary Distrib. Corp.
  486 So. 2d 569· Fla.· 1986-04-03 ·cited 4×
  This case is a concurring opinion that suggests trial courts consider using juries in proceedings seeking injunctions, particularly those involving contemporary community standards.
• MDM Salvage, Inc. v. Unidentified
  631 F. Supp. 308· S.D. Fla.· 1986-03-24 ·cited 4×
  The court held that the parties' requests for exclusive salvage rights were premature due to insufficient salvage activity, capital investment, and archaeological preservation, but awarded them a liberal salvage award in specie for artifacts recovered.
• R.B. Elec., Inc. v. Local 569, Int'l Bhd. OF Elec. Workers, AFL-CIO
  781 F.2d 1440· 9th Cir.· 1986-02-10 ·cited 4×
  The court held that a district court should not grant relief to avoid arbitration unless the contract clause is facially invalid under federal labor law, which was not demonstrated here.
• Ests. OF Fort Lauderdale Prop. Owners' Ass'n, Inc. v. Kalet
  492 So. 2d 1340· Fla. 4th DCA· 1986-02-05 ·cited 4×
  The Estates of Fort Lauderdale Property Owners' Association appealed a trial court's denial of injunctive relief to enforce an age restriction in an adult mobile home community section. The trial court found the restriction unenforceable due to selective and arbitrary enforcement
• Nat'l Wrecking Co. v. Spangler
  782 F.2d 101· 7th Cir.· 1986-01-21 ·cited 4×
  A plaintiff must establish a valid underlying claim to succeed in an attorney malpractice suit; without a valid claim, the attorney's negligence cannot be the proximate cause of injury.
• Martin-Trigona v. United States
  779 F.2d 72· D.C. Cir.· 1985-12-13 ·cited 4×
  The court held that the appellant's motions for leave to file complaints were properly denied because he failed to comply with the terms of a prior injunction.
• Fields v. Hurley Nichols
  482 So. 2d 410· Fla. 5th DCA· 1985-12-12 ·cited 4×
  A Florida appellate court reversed a trial court's decision regarding the location of a public right-of-way (Nichols Cemetery Road/County Road 246) in Sumter County. The court held that once an easement is granted and fixed, it cannot be unilaterally relocated by a property owner
• Cervantez v. Whitfield
  776 F.2d 556· 5th Cir.· 1985-11-18 ·cited 4×
  The court held that plaintiffs were not prevailing parties under the Equal Access to Justice Act because the settlement with the INS did not provide relief beyond what existing law already required, and thus, attorney's fees were not warranted.
• Bingham, Ltd. v. Smith
  774 F.2d 1069· 11th Cir.· 1985-10-29 ·cited 4×
  The court held that the U.S. Attorney's letter, under the circumstances, constituted a direct threat of prosecution, creating a justiciable case or controversy.
• Tahoe Reg'l Planning Agency v. McKAY
  769 F.2d 534· 9th Cir.· 1985-08-19 ·cited 4×
  Nevada's open meeting law implicitly permits public agencies to confer privately with their counsel on matters within the scope of the attorney-client privilege, despite the absence of an express statutory exception.
• Granite Rock Co. v. Cal. Coastal Comm'n
  768 F.2d 1077· 9th Cir.· 1985-08-14 ·cited 4×
  A state permit requirement for mining on federal land is preempted if it undermines the federal agency's authority to grant or deny permits based on environmental standards.
• Transp., Inc. v. Mayflower Servs., Inc.
  769 F.2d 952· 4th Cir.· 1985-07-25 ·cited 4×
  The court held that the district court did not abuse its discretion in modifying the prior injunctive relief to prevent public confusion between the taxi companies' similar color schemes.
• The 4245 Corp. v. The City OF Oakland Park
  473 So. 2d 12· Fla. 4th DCA· 1985-07-17 ·cited 4×
  The court reversed a permanent injunction that shut down an entire business for lewdness violations, holding that the injunction was overbroad and that the trial court should have limited relief to the illegal acts while allowing the business to operate legitimately.
• Jones v. State OF La.
  764 F.2d 1183· 5th Cir.· 1985-07-12 ·cited 4×
  The court held that a state official named in the complaint, even with technical pleading deficiencies, is sufficient to allow for injunctive relief and avoid Eleventh Amendment immunity.
• Smyser v. Block
  760 F.2d 514· 3d Cir.· 1985-04-30 ·cited 4×
  The court held that the Secretary of Agriculture lacked statutory authorization under the Agricultural Marketing Agreement Act to enact 'emergency' amendments providing transportation credits for surplus milk.
• Francis J. Everhart, M.D. v. Jefferson Parish Hosp. Dist. NO. 2 & E. Jefferson Hosp. Bd.
  757 F.2d 1567· 5th Cir.· 1985-04-22 ·cited 4×
  The court held that the hospital's denial of medical staff membership did not violate the applicant's constitutional rights to procedural or substantive due process.
• Pickett v. Heckler
  608 F. Supp. 841· S.D. Fla.· 1985-03-01 ·cited 4×
  The court held that it would retain jurisdiction over the class action after remanding claims to the Secretary, and would implement specific notification and payment procedures for class members, despite the Secretary's motion to dismiss.
• Lopez v. Heckler
  753 F.2d 1464· 9th Cir.· 1985-02-15 ·cited 4×
  The court held that appellants failed to demonstrate they are likely to prevail on their challenge to the district court's class definition and that the balance of hardships does not favor them for injunctive relief.
• In re IBP Confidential Bus. Documents Litig. IBP, Inc. v. Hughes Bagley
  754 F.2d 787· 8th Cir.· 1985-02-13 ·cited 4×
  The court held that the district court erred by not determining ownership of the documents before denying the injunction, and remanded for that determination.
• Bell v. United States
  754 F.2d 490· 3d Cir.· 1985-01-30 ·cited 4×
  The court held that the Federal Employee's Compensation Act (FECA) payments should not be fully deducted from no-fault benefits because the portion of FECA payments recouped by the government under subrogation rights is not a true benefit to the claimant.
• Owens v. Heckler
  753 F.2d 675· 8th Cir.· 1985-01-30 ·cited 4×
  The court held that the Secretary's policy of reducing AFDC grants by the amount of OASDI extended student benefits, without regard to whether those benefits were needed for educational expenses, violates federal law and regulations.
• Altemose Constr. Co. v. Bldg. & Constr. Trades Council OF Philadelphia & Vicinity
  751 F.2d 653· 3d Cir.· 1985-01-08 ·cited 4×
  The court held that the trial court erred in granting summary judgment on Count I, finding sufficient circumstantial evidence from which a jury could infer a conspiracy between labor and non-labor entities to exclude non-union firms. The court also reversed summary judgment on Co
• Hughes v. Hoffman
  750 F.2d 53· 8th Cir.· 1984-12-12 ·cited 4×
  The court held that the appellant's current lawsuit was barred by res judicata because it raised claims that had already been litigated and decided on the merits in prior proceedings.
• Pinellas Cnty. v. City OF Gulfport & United States Steel Corp.
  458 So. 2d 436· Fla. 2d DCA· 1984-11-14 ·cited 4×
  The court held that the appellants failed to allege sufficient facts to support their claim that a county-wide development plan was binding on the appellee city, as required by statute.