Injunctive Relief

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

• The Daily Herald Co. v. Munro
  758 F.2d 350· 9th Cir.· 1984-11-02 ·cited 4×
  The district court erred in granting summary judgment sua sponte because genuine issues of material fact remain regarding the statute's purpose and necessity, and the court should have the opportunity to rule on these issues first.
• Dennis v. Luis
  741 F.2d 628· 3d Cir.· 1984-08-10 ·cited 4×
  The court held that a rejected nominee cannot serve as an acting commissioner, even if the Governor attempts to appoint them in a recess capacity.
• Kidde, Inc. v. E.F. Bavis & Assocs., Inc.
  735 F.2d 1085· 8th Cir.· 1984-06-06 ·cited 4×
  The court held that it does not have jurisdiction over an appeal from a district court decision where jurisdiction was based in whole or in part on patent law.
• Coleman v. Stanziani
  735 F.2d 118· 3d Cir.· 1984-06-04 ·cited 4×
  The court held that an order denying a motion for judgment on the pleadings based on abstention doctrines is not a final judgment and thus not immediately appealable, and mandamus is inappropriate to review such discretionary decisions.
• Bull v. City OF Atl. Beach
  450 So. 2d 570· Fla. 1st DCA· 1984-05-11 ·cited 4×
  Bull sued the City of Atlantic Beach and individual officials alleging an illegal contract with an architect in violation of the Consultants' Competitive Negotiation Act. The trial court dismissed the complaint against individual defendants and awarded them attorney's fees under
• Freedom Sav. & Loan Ass'n v. Way
  583 F. Supp. 544· M.D. Fla.· 1984-04-10 ·cited 4×
  The court held that there was no likelihood of confusion between the plaintiff's and defendant's use of the word 'Freedom' in their business names, and thus no infringement, unfair competition, or dilution occurred. The court also found the plaintiff's claims barred by laches.
• Alliance TO END Repression v. City OF Chicago
  733 F.2d 1187· 7th Cir.· 1984-02-23 ·cited 4×
  The court held that the challenged FBI guidelines, as interpreted by the government, violated the terms of a prior consent decree, even if they did not violate the First Amendment directly. However, the court modified the lower court's injunction, finding it unnecessary.
• The Bd. OF Trs. OF the Internal Improvement Tr. Fund v. RAY
  444 So. 2d 1110· Fla. 4th DCA· 1984-02-01 ·cited 4×
  The Board of Trustees of the Internal Improvement Trust Fund sought to prevent the Rays from litigating in circuit court matters related to a submerged land lease renewal that had been decided through administrative proceedings and prior appeals. The court held that while some is
• Global Int'l Airways Corp. & Am. Trans Air, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  727 F.2d 246· 2d Cir.· 1984-01-31 ·cited 4×
  The court held that the Port Authority's Interim Rule is not facially preempted by federal regulations because it regulates cumulative noise exposure, a permissible local airport proprietor function, and does not demonstrably conflict with federal fleet composition requirements.
• Larry P. v. Riles
  793 F.2d 969· 9th Cir.· 1984-01-23 ·cited 4×
  The appellate court, in a dissenting opinion, argues that the district court erred in finding a violation of federal statutes based on discriminatory effects analysis solely due to statistical disparity in E.M.R. class enrollment. The dissent contends that plaintiffs failed to pr
• Brady v. Thurston Motor Lines
  726 F.2d 136· 4th Cir.· 1984-01-18 ·cited 4×
  The court held that the district court properly allocated the burden of proof and its findings of fact are subject to Rule 52(a) review. It affirmed most judgments of discrimination but reversed one individual claim and found another moot.
• Sec. & Exch. Comm'n v. Lowe
  725 F.2d 892· 2d Cir.· 1984-01-18 ·cited 4×
  The court held that requiring investment advisers to register before giving advice is constitutional and that courts can prohibit unlawful conduct, including speech, through injunctions.
• Union Cnty. Jail Inmates v. Dibuono
  718 F.2d 1247· 3d Cir.· 1983-10-05 ·cited 4×
  The court held that double-bunking in the Union County Jail, due to severe overcrowding, violates the due process rights of pretrial detainees and is also unconstitutional for sentenced offenders.
• Brown & Williamson Tobacco Corp. v. Fed. Trade Comm'n
  717 F.2d 963· 6th Cir.· 1983-09-19 ·cited 4×
  The court denied the petition for rehearing en banc, finding the appellant's counsel had shifted their arguments regarding the scope of appellate review.
• Oasis Petroleum Corp. v. United States Dep't OF Energy
  718 F.2d 1558· Temp. Emer. Ct. App.· 1983-09-08 ·cited 4×
  The court held that the district court erred by not referring the entire dispute to the Department of Energy's Office of Hearings and Appeals under the doctrine of primary jurisdiction.
• Holmes v. The Bendix Corp.
  713 F.2d 792· Fed. Cir.· 1983-07-29 ·cited 4×
  The court held that the appeal from the district court's summary judgment order was interlocutory and therefore dismissed for lack of jurisdiction.
• John DOE Corp. v. United States
  714 F.2d 604· 6th Cir.· 1983-07-21 ·cited 4×
  The court held that the denial of the corporation's request for injunctive relief to prevent a grand jury indictment based on a plea agreement is not an immediately appealable final decision under 28 U.S.C. § 1291.
• Rutherford v. Pitchess
  710 F.2d 572· 9th Cir.· 1983-07-14 ·cited 4×
  The court should reverse the district court's order because the Supreme Court's holding in Bell v. Wolfish controls this case regarding prisoner observation of cell searches.
• Robert K. Bell Enters., Inc. v. Donovan
  710 F.2d 673· 10th Cir.· 1983-06-20 ·cited 4×
  A district court should decline to exercise jurisdiction over an employer's challenge to an OSHA inspection and citation when the employer has not exhausted administrative remedies.
• Smith v. William R. "Bill" Paulk
  705 F.2d 1279· 10th Cir.· 1983-04-22 ·cited 4×
  The court held that Oklahoma's one-year durational residency requirement for private employment agency license applicants violates the Privileges and Immunities Clause and the Equal Protection Clause of the Fourteenth Amendment, but a simple residency requirement is permissible.
• The Bd. OF Cnty. Comm'rs OF Manatee Cnty. v. The Cir. Court OF the Twelfth Jud. Cir.
  433 So. 2d 537· Fla. 2d DCA· 1983-04-20 ·cited 4×
  The circuit court lacks jurisdiction to directly review a county board's quasi-legislative action establishing water and sewer rates.
• Harry Pepper & Assocs., Inc. v. City OF Cape Coral
  429 So. 2d 97· Fla. 2d DCA· 1983-04-08 ·cited 4×
  The appellate court reversed a directed verdict for the defendant in a contract bidding dispute, finding that the city improperly awarded a contract to a non-conforming bidder and should have either awarded it to the next lowest bidder or rejected all bids.
• The Benton Franklin Riverfront Trailway & Bridge Comm. v. Drew Lewis
  701 F.2d 784· 9th Cir.· 1983-03-15 ·cited 4×
  The court held that the Secretary of Transportation acted arbitrarily in his Section 4(f) determination by failing to consider all feasible and prudent alternatives, specifically the potential for federal funding for the bridge's preservation or rehabilitation.
• Estill Brewer and Mary Brewer v. Hibbard
  424 So. 2d 988· Fla. 5th DCA· 1983-01-12 ·cited 4×
  The court held that the trial court erred in ordering the removal of a service station encroachment without it being requested in the complaint. It also held that the trial court should have considered balancing relative conveniences for building encroachments.
• Marston v. Wood
  425 So. 2d 582· Fla. 1st DCA· 1982-12-22 ·cited 4×
  The court held that the Government in the Sunshine Law does not apply to the University of Florida's Dean Search and Screen Committee for the College of Law. The committee's function was advisory and staff-like in nature, screening applicants before recommendations went to the fa
• Manecke v. SCH. BD. of Pinellas Cnty.
  553 F. Supp. 787· M.D. Fla.· 1982-12-21 ·cited 4×
  The court held that the Rehabilitation Act of 1973 does not provide for private damage actions, and Section 504 rights cannot be asserted under 42 U.S.C. § 1983 for damages.
• S. Fla. Chapter of the Associated Gen. Contractors of Am., Inc. v. Metro. Dade Cnty.
  552 F. Supp. 909· S.D. Fla.· 1982-12-16 ·cited 4×
  The court held that the 'set-aside' provision of the county's race-conscious ordinance, which limited competition for certain contracts exclusively among Black contractors, violated the Equal Protection Clause of the Fourteenth Amendment, but the 'goals' provision, setting a perc
• Lake Butler Apparel Co. v. Dep't of Agric. & Consumer Servs.
  551 F. Supp. 901· M.D. Fla.· 1982-11-18 ·cited 4×
  Vehicular searches conducted by the Florida Department of Agriculture under § 570.15, based solely on a vehicle being signaled to stop and the driver refusing consent, violate the Fourth Amendment's probable cause requirement.
• Gillilan v. G.T. Knighton and Jeanette Knighton
  420 So. 2d 924· Fla. 2d DCA· 1982-10-22 ·cited 4×
  Adjoining lakefront property owners disputed ownership of land exposed by the lake's recession. The trial court extended the boundary between the properties in a straight line from the upland boundary. The appellate court reversed, holding that accretion lands must be equitably a
• Fletcher J. Herndon, Jr. v. The ELI Witt Co.
  420 So. 2d 920· Fla. 1st DCA· 1982-10-21 ·cited 4×
  Fletcher Herndon appeals an interlocutory order denying his motion to dissolve a temporary restraining order based on a covenant not to compete contained in a settlement agreement with his former employer, Eli Witt Company. The court upheld the five-year, three-state non-compete
• Bloch v. Whitfield Zoning Dist.
  420 So. 2d 649· Fla. 2d DCA· 1982-10-15 ·cited 4×
• Lerner v. Atl. Richfield Co.
  690 F.2d 203· Temp. Emer. Ct. App.· 1982-10-04 ·cited 4×
  The court denied the petition for leave to appeal an interlocutory order granting partial summary judgment, finding it did not involve a controlling question of law and would not materially advance the litigation's termination.
• Interstate Commerce Comm'n v. Brannon Sys., Inc.
  686 F.2d 295· 5th Cir.· 1982-09-20 ·cited 4×
  The Interstate Commerce Commission (ICC) has the power to seek an injunction to enforce a regulation requiring motor carriers to pay lessors within 15 days of submission of necessary documents.
• Scott v. City OF Anniston
  682 F.2d 1353· 11th Cir.· 1982-08-12 ·cited 4×
  The court held that the District Court erred in decertifying the class after common issues of liability had been litigated and decided on appeal, as class claims need not be destroyed by later discoveries about named plaintiffs' adequacy.
• Consumers Union OF United States, Inc. v. Va. State BAR
  688 F.2d 218· 4th Cir.· 1982-08-09 ·cited 4×
  The court held that the Virginia State Bar, by virtue of its enforcement role, was liable for attorney's fees under 42 U.S.C. § 1988, and the district court abused its discretion in finding special circumstances to deny such an award. The award of attorney's fees against the Virg
• Gen. Am. Transp. Corp. v. La. TAX Comm'n
  680 F.2d 400· 5th Cir.· 1982-07-14 ·cited 4×
  The court held that privately owned specialty railroad cars leased to shippers and railroads constitute 'rail transportation property' protected by the 4-R Act from discriminatory state taxation.
• Nat'l W. Life Ins. Co. v. Commodore Cove Improvement Dist.
  678 F.2d 24· 5th Cir.· 1982-06-07 ·cited 4×
  A local regulation requiring property owners to install bulkheads on waterfront lots is a constitutional exercise of police power, does not constitute a taking without just compensation, and does not violate equal protection.
• Jensen v. Dole
  677 F.2d 678· 8th Cir.· 1982-05-14 ·cited 4×
  The court held that an appeal from the denial of a three-judge court is not immediately appealable unless the order is final or certified for interlocutory review. The denial of preliminary injunctive relief was affirmed.
• Leamon Andrews v. Gulfstream Ventures, Inc.
  411 So. 2d 1336· Fla. 4th DCA· 1982-03-17 ·cited 4×
  The City Commission of Lake Worth appealed a jury verdict awarding $430,000 in damages to a restaurant operator for breach of a five-year lease agreement on the municipal golf course clubhouse. The court affirmed the judgment, finding no reversible error in jury instructions or t
• Sovereign News Co. v. Falke
  674 F.2d 484· 6th Cir.· 1982-02-04 ·cited 4×
  The court held that the district court had too narrowly construed the Ohio Supreme Court's opinion regarding the obscenity statute's constitutionality.
• 2829 Corp. v. Div. OF Alcoholic Bev. & Tobacco OF the Dep't OF Bus. Reg.
  410 So. 2d 539· Fla. 4th DCA· 1982-02-03 ·cited 4×
  This case involves a dispute over the suspension of an alcoholic beverage license. The appellate court reversed a lower court's injunction that had stayed administrative proceedings, ruling that the circuit court lacked jurisdiction to interfere with the appellate court's directi
• McCOLLESTER v. The City OF Keene
  668 F.2d 617· 1st Cir.· 1982-01-11 ·cited 4×
  A plaintiff challenging a statute must demonstrate a realistic danger of sustaining a direct injury from its operation or enforcement, and mere speculative fears are insufficient to establish a case or controversy under Article III.
• Wilfredo Marquez-Colon v. Reagan
  668 F.2d 611· 1st Cir.· 1981-12-23 ·cited 4×
  The court vacated the district court's injunction, finding that a consent agreement between the government and the Commonwealth rendered most claims moot and that injunctive relief was inappropriate for remaining claims given the equities and the agreement's conditions.
• Free v. Moon Landrieu
  666 F.2d 698· 1st Cir.· 1981-12-08 ·cited 4×
  The court held that the case was moot because the defendants administratively resolved the plaintiff's issue by reinterpreting the regulation, eliminating any reasonable expectation of recurrence and eradicating the effects of the alleged violation.
• Donovan v. Am. Leader Newspapers, Inc.
  524 F. Supp. 1144· M.D. Fla.· 1981-10-26 ·cited 4×
  The court held that the complaint stated a claim for relief under the Fair Labor Standards Act and that the defendant could not be dismissed as a party defendant, and that the complaint was sufficiently definite.
• Guzik v. State BAR OF Tex.
  659 F.2d 528· 5th Cir.· 1981-10-15 ·cited 4×
  The court held that the plaintiffs lacked standing to sue the State Bar of Texas under the antitrust laws because there was no evidence that the State Bar engaged in price fixing or mandated the use of its forms.
• Taylor v. Mueller Co.
  660 F.2d 1116· 6th Cir.· 1981-10-05 ·cited 4×
  A facially neutral, legitimate seniority system does not become unlawful under Title VII simply because it perpetuates pre-Act discrimination, provided it was not adopted with an intent to discriminate.
• People OF the State OF Ill. v. Interstate Commerce Comm'n & United States
  660 F.2d 289· 7th Cir.· 1981-09-21 ·cited 4×
  The court held that based on Supreme Court precedent, it is not convinced that granting an injunction against the railroad's surcharge is appropriate at this time.
• Searcy v. Williams
  656 F.2d 1003· 5th Cir.· 1981-09-21 ·cited 4×
  The court should not invalidate a constitutional statute as a remedy; the case should be remanded for the district court to fashion a remedy for discriminatory application.
• Exxon Corp. & Gulf Oil Corp. v. Fed. Trade Comm'n
  665 F.2d 1274· D.C. Cir.· 1981-09-14 ·cited 4×
  The Federal Trade Commission has the statutory authority to issue protective orders limiting the disclosure of confidential documents subpoenaed during administrative proceedings, and such authority can be subdelegated to Administrative Law Judges.