Injunctive Relief

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

• Murray v. Bd. OF Trs.
  659 F.2d 77· 6th Cir.· 1981-09-09 ·cited 4×
  The court held that while the claim for injunctive relief was moot, the case should be remanded for consideration of nominal damages and attorney fees, and for reconsideration of constitutional and immunity issues.
• The Riverside Irrigation Dist. & Pub. Serv. Co. of Colo. v. Colonel V. D. Stipo
  658 F.2d 762· 10th Cir.· 1981-09-02 ·cited 4×
  The court held that the Army Corps of Engineers' decision denying a nationwide permit, based on potential impacts from dam operation rather than construction, was a final agency action reviewable by the court, as the penalties for proceeding without a permit were unrealistic.
• In re Nat'l Hosp. & Institutional Builders Co. v. Goldstein
  658 F.2d 39· 2d Cir.· 1981-08-17 ·cited 4×
  The Bankruptcy Court lacks jurisdiction to interfere with a state's enforcement of its regulatory powers, even if the debtor claims 'bad faith' enforcement.
• Bond v. Stanton
  655 F.2d 766· 7th Cir.· 1981-07-27 ·cited 4×
  Indiana's Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program did not comply with federal law because it failed to define a sufficiently comprehensive screening package and did not adequately arrange for necessary treatment.
• Gilday v. Boone
  657 F.2d 1· 1st Cir.· 1981-07-22 ·cited 4×
  The court held that the inmate's claim for injunctive relief was properly dismissed as moot, but his claim for damages should be remanded for further proceedings.
• Env't Def. Fund, Inc. v. Higginson
  655 F.2d 1244· D.C. Cir.· 1981-05-15 ·cited 4×
  The court held that while the Department of the Interior can change its position on preparing a comprehensive environmental impact statement, its new decision is subject to arbitrary and capricious review, requiring remand.
• United States v. Goldfield Deep Mines Co. OF Nev.
  644 F.2d 1307· 9th Cir.· 1981-05-11 ·cited 4×
  The court held that Goldfield violated Forest Service regulations and was liable for trespass, and that the district court properly granted summary judgment, limited the trial to damages, and awarded relief.
• Pearlstine v. The United States & United States Postal Serv.
  649 F.2d 194· 3d Cir.· 1981-05-04 ·cited 4×
  The court held that attorney's fees are not recoverable against the United States Postal Service in this case due to lack of explicit statutory waiver, but vacated the denial of costs for lack of explanation.
• Bacon v. Toia
  648 F.2d 801· 2d Cir.· 1981-05-04 ·cited 4×
  The court held that certain amendments to New York's emergency assistance law denying cash aid to AFDC recipients and denying aid for loss or theft of grants violate the Equal Protection Clause, but upheld the statute against a Supremacy Clause challenge.
• Parker v. Merlino
  646 F.2d 848· 3d Cir.· 1981-04-24 ·cited 4×
  The court held that the Senate's rule allowing a majority to cut off debate is constitutional and its application in this case did not violate the plaintiffs' First Amendment rights.
• Deseret Ranches OF Fla., Inc. v. State
  392 So. 2d 1016· Fla. 5th DCA· 1981-01-28 ·cited 4×
• Am. Coal Co. v. United States Dep't OF Labor
  639 F.2d 659· 10th Cir.· 1981-01-21 ·cited 4×
  The court held that the district court lacked subject matter jurisdiction because the Federal Mine Safety and Health Act requires administrative review of MSHA orders before judicial review.
• Rhyne v. City OF Wilton Manors
  392 So. 2d 992· Fla. 4th DCA· 1981-01-21 ·cited 4×
  The court held that it lacks jurisdiction to hear the appeal because the plaintiffs sought equitable relief after a prior certiorari proceeding was denied.
• Imperial Carpet Mills, Inc. v. Consumer Prods. Safety Comm'n of the United States
  634 F.2d 871· 5th Cir.· 1981-01-20 ·cited 4×
  The court held that the plaintiffs' claims were not ripe for judicial review because there was no final agency action and the issues were not fit for judicial decision.
• Fenster v. Schneider
  636 F.2d 765· D.C. Cir.· 1980-11-26 ·cited 4×
  The District of Columbia School Transit Subsidy Act's residency requirement is constitutional, as it rationally serves the District's legitimate governmental interest in providing educational services to its own residents.
• Bowles v. Bennett
  629 F.2d 1092· 5th Cir.· 1980-11-06 ·cited 4×
  The court held that while the denial of the preliminary injunction was proper, the trial court erred in consolidating the preliminary injunction hearing with the trial on the merits without preserving the parties' right to a jury trial on the damages claim.
• Crowley v. Smithsonian Inst.
  636 F.2d 738· D.C. Cir.· 1980-10-30 ·cited 4×
  The court held that the Smithsonian's evolution exhibits did not violate the Establishment Clause or its charter, and that summary judgment was appropriate as no material facts were in dispute.
• Anderson v. Fed. Election Comm'n
  634 F.2d 3· 1st Cir.· 1980-10-24 ·cited 4×
  The court held that an injunction was inappropriate due to a lack of factual basis to assess the constitutional claims.
• Kisling v. Rothschild
  388 So. 2d 1310· Fla. 5th DCA· 1980-10-08 ·cited 4×
  Kisling, a residential builder, appeals a judgment denying relief for unauthorized copying of his architectural designs. The court reverses, holding that Kisling retained common law copyright protection in his plans despite filing them with county authorities for a building permi
• Morio v. The N. Am. Soccer League & its constituent member clubs
  632 F.2d 217· 2d Cir.· 1980-10-06 ·cited 4×
  The court held that the remedies imposed, including revocation of unilateral changes and authorization for the Union to rescind contract provisions, were just and proper and within the trial court's discretion.
• Fla. Businessmen for Free Enter. v. State
  499 F. Supp. 346· N.D. Fla.· 1980-09-30 ·cited 4×
  The court held that Section 893.147(1) of Florida's 'Head Shop' law is unconstitutionally vague because it prohibits mere possession of drug paraphernalia without requiring proof of the defendant's intent or knowledge of illegal use. The remainder of the law was found constitutio
• Modjeska M. Simkins v. Gressette
  631 F.2d 287· 4th Cir.· 1980-09-22 ·cited 4×
  The court held that the plaintiffs failed to state a substantial claim of unconstitutional vote dilution, and that equitable principles barred relief due to the delay in filing the lawsuit.
• Cletus Phillips and Eleanor Phillips v. Cutler
  388 So. 2d 48· Fla. 2d DCA· 1980-09-17 ·cited 4×
  The circuit court's transfer of a case seeking declaratory and injunctive relief to a county court was improper because the county court lacked subject matter jurisdiction.
• Iron Arrow Honor Soc'y v. Hufstedler
  499 F. Supp. 496· S.D. Fla.· 1980-08-12 ·cited 4×
  The court held that the H.E.W. regulation prohibiting federal funding recipients from providing significant assistance to discriminatory organizations was a valid interpretation of Title IX and applied to the University of Miami's relationship with the male-only Iron Arrow Honor
• Garvey v. Worcester Hous. Auth. & Sec'y of the United States Dep't of Hous. & Urban Dev.
  629 F.2d 691· 1st Cir.· 1980-07-24 ·cited 4×
  The court held that the Department of Housing and Urban Development's regulation considering minors' Social Security benefits as family income for public housing rent calculation is a permissible interpretation of the National Housing Act and does not violate equal protection.
• JOE v. Honorable Roy Marcum
  621 F.2d 358· 10th Cir.· 1980-05-16 ·cited 4×
  The court held that a state court garnishment proceeding to attach wages earned on a Navajo Indian Reservation by a Navajo Indian employee of a company operating on the reservation is preempted by federal law and impinges upon tribal sovereignty.
• Jackson v. Conway
  620 F.2d 680· 8th Cir.· 1980-05-08 ·cited 4×
  The appellate court affirmed the denial of a preliminary injunction, finding the trial court's factual determinations were not clearly erroneous and that temporary injunctive relief was properly denied.
• Irvin H. Whitehouse & Sons Co. v. Local Union 214 OF Sioux City, Iowa, Int'l Bhd. OF Painters & Allied Trades, AFL-CIO
  621 F.2d 294· 8th Cir.· 1980-05-05 ·cited 4×
  The court held that the plaintiff was entitled to outside arbitration under the Memorandum of Understanding, and the district court erred in forcing joint board arbitration by melding the two contract documents.
• Durand Holladay and James R. Dezell v. City OF Coral Gables
  382 So. 2d 92· Fla. 3d DCA· 1980-03-25 ·cited 4×
  Developers sought declaratory and injunctive relief to construct two residences on a two-lot parcel in Coral Gables, challenging a zoning ordinance that prohibited multiple residences on building sites with existing single-family homes. The court affirmed summary judgment for the
• State OF Utah ex rel. v. Zions First Nat'l Bank OF Ogden
  615 F.2d 903· 10th Cir.· 1980-02-13 ·cited 4×
  A national bank's off-premises drive-in facility, even if approved by the Comptroller, is considered a branch bank under federal law if it accepts deposits or cashes checks. Such branching is prohibited if state law does not permit state banks to operate similarly.
• Latas Libby's, Inc. v. United Steelworkers OF Am.
  609 F.2d 25· 1st Cir.· 1979-11-06 ·cited 4×
  The Union is liable for damages from an illegal strike due to authorizing and/or condoning it, but a broad injunction against all future strikes is reversed as overly broad and not supported by evidence of a pattern of violations.
• Context Dev. Co. v. Dade Cnty.
  374 So. 2d 1143· Fla. 3d DCA· 1979-09-18 ·cited 4×
  Context Development Company challenged a cease and desist order prohibiting rock plowing and agricultural operations on 8,100 acres in Taylor Slough, an ecologically sensitive area. The Florida District Court of Appeal reversed the lower court's dismissal and denial of certiorari
• City OF Melbourne v. Cotron
  372 So. 2d 944· Fla. 4th DCA· 1979-05-09 ·cited 4×
  The trial court improperly enjoined the City from taking action against the Police Chief by prescribing administrative procedures; judicial intervention in administrative processes before a hearing occurs is improper, and any due process defects are remediable through subsequent
• Ind. Welf. Rights Org., Inc. v. Bergland
  598 F.2d 1055· 7th Cir.· 1979-03-30 ·cited 4×
  The court held that the Secretary of Agriculture was not required to implement the elimination of the food stamp purchase requirement (EPR) immediately and separately from other program changes, as long as implementation was expeditious and consistent with efficient administratio
• The City OF Newberry v. The Sch. Bd. OF Alachua Cnty.
  368 So. 2d 87· Fla. 1st DCA· 1979-03-06 ·cited 4×
  The appellate court reversed the trial court's decision, holding that the School Board of Alachua County could not connect to the City of Newberry's sewer system without paying front foot assessments, as the statute intended to prevent assessments without agreement, not to exempt
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. Kleppe
  592 F.2d 529· 9th Cir.· 1979-01-29 ·cited 4×
  The court held that the case was not ripe for adjudication because the appellants had not applied for or been denied a permit, had not been prosecuted, and new regulations had been adopted. The court vacated the district court's decision and remanded with instructions to dismiss
• Wash & DRY, Inc. v. BAY Colony Club Condo., Inc.
  368 So. 2d 50· Fla. 4th DCA· 1979-01-17 ·cited 4×
  Wash and Dry, Inc. appeals a summary judgment denying its claim for specific performance and injunctive relief against a condominium association that cancelled laundry machine service contracts. The court affirms, holding that Florida statutes governing condominium associations a
• People of the State OF Ill. v. Consol. Rail Corp.
  589 F.2d 1327· 7th Cir.· 1978-12-29 ·cited 4×
  The court held that ConRail was entitled to use specific notice procedures and may discontinue service due to non-payment of subsidies.
• The Skokomish Indian Tribe v. Gen. Servs. Admin.
  587 F.2d 428· 9th Cir.· 1978-12-04 ·cited 4×
  The Secretary of the Interior had the authority to withdraw the Bureau of Indian Affairs' request for excess federal land, and this action mooted the appeal.
• W. Food Plan, Inc. v. MacFARLANE
  588 F.2d 778· 10th Cir.· 1978-12-04 ·cited 4×
  The court held that while abstention was proper due to pending state court proceedings, dismissal of the federal action was incorrect; the federal court should retain jurisdiction.
• State of S.D. v. Brock Adams
  587 F.2d 915· 8th Cir.· 1978-11-29 ·cited 4×
  The court held that the Secretary of Transportation has implied authority under the Federal-Aid Highway Act to temporarily withhold federal highway funds from a state pending a final determination of compliance with the Highway Beautification Act.
• King v. City OF Coral Gables
  363 So. 2d 389· Fla. 3d DCA· 1978-10-03 ·cited 4×
  Edward and Vivian King appealed a summary judgment dismissing their challenge to a Coral Gables zoning ordinance that prohibited building more than one residence on three contiguous 50-foot lots after a prior single-family residence had existed on those lots. The court reversed,
• Smith v. Washington
  593 F.2d 1097· D.C. Cir.· 1978-08-23 ·cited 4×
  The court held that the record did not permit a finding to a legal certainty that the jurisdictional amount was not satisfied, thus affirming the result.
• Ferrara v. The Hendry Cnty. Sch. Bd.
  362 So. 2d 371· Fla. 2d DCA· 1978-08-16 ·cited 4×
  A high school student challenged his suspension for refusing to shave a visible mustache in violation of a school dress code. The court held that the constitutional right to wear facial hair does not rise to the level of a fundamental liberty and that school dress codes need only
• Daughtrey v. Carter
  584 F.2d 1050· D.C. Cir.· 1978-07-25 ·cited 4×
  The court held that the appellants lacked standing to sue because they failed to allege a concrete and particularized injury in fact, which is a prerequisite for federal court jurisdiction.
• Gayety Theatres, Inc. v. State of Fla. ex rel. Richard E. Gerstein
  359 So. 2d 915· Fla. 3d DCA· 1978-06-20 ·cited 4×
  Court affirmed civil contempt order against theatre and one owner for violating obscenity injunction against showing "Deep Throat," but reversed as to two other defendants not parties to the original order and struck the blanket prohibition on X-rated films as an unconstitutional
• Fleming v. Citizens FOR Albemarle, Inc.
  577 F.2d 236· 4th Cir.· 1978-06-12 ·cited 4×
  The court held that the appellants had a right to intervene and that their motion should have been granted, as they had a substantial interest in the action and were not adequately represented.
• Equal Emp. Opportunity Comm'n v. Carter Carburetor
  577 F.2d 43· 8th Cir.· 1978-05-30 ·cited 4×
  The court held that the district court exceeded its judicial power by issuing a discovery sanctions order that improperly limited the EEOC's evidence, and therefore issued a writ of mandamus to withdraw the order.
• Empiregas, Inc. v. Thomas
  359 So. 2d 15· Fla. 1st DCA· 1978-05-26 ·cited 4×
  The trial court abused its discretion by failing to enforce a noncompetition clause in an employment agreement, as the statute allows for such agreements and the proof justified an injunction.
• Stivers v. State OF Minn.
  575 F.2d 200· 8th Cir.· 1978-05-03 ·cited 4×
  The court held that the Younger abstention doctrine applies to parties not named in state proceedings if their interests are closely related and they seek to interfere with those proceedings, even if state appellate remedies were not exhausted.