Injunctive Relief

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

• The State of Fla. ex rel. Janet Reno v. Barquet
  358 So. 2d 230· Fla. 3d DCA· 1978-05-02 ·cited 4×
  The State of Florida appealed the dismissal of its complaint against defendants operating an unlicensed medical clinic. The court affirmed the dismissal, holding that the State Attorney cannot bring a parens patriae action for damages under Florida's Deceptive and Unfair Trade Pr
• The UTE Indian Tribe v. State TAX Comm'n OF the State OF Utah
  574 F.2d 1007· 10th Cir.· 1978-02-17 ·cited 4×
  Sales by a tribal enterprise on trust lands to Indians are not subject to state sales tax, but sales to non-Indians are taxable, and sales not on trust lands are also taxable.
• J. A. Jones Constr. Co. v. Plumbers & Pipefitters Local 598
  568 F.2d 1292· 9th Cir.· 1978-02-06 ·cited 4×
  The court held that the district court erred in refusing to consider the impact of Buffalo Forge on the propriety of the restraining order and that the order against Electrical was wrongfully issued.
• Cheyenne River Sioux Tribe v. Andrus
  566 F.2d 1085· 8th Cir.· 1977-12-16 ·cited 4×
  Secretarial elections, including those to amend tribal constitutions, are federal elections subject to the 26th Amendment's 18-year-old voting age, and the Secretary has the authority to set this uniform federal standard.
• Ass'n OF Data Processing Serv. Orgs., Inc. v. Fed. Home Loan Bank Bd.
  568 F.2d 478· 6th Cir.· 1977-12-05 ·cited 4×
  Federal home loan banks cannot sell on-line data processing services to member institutions as this constitutes business not authorized by the Federal Home Loan Bank Act.
• Patterson v. Morrisette
  564 F.2d 1109· 4th Cir.· 1977-10-31 ·cited 4×
  The court held that summary judgment was inappropriate because genuine issues of material fact remained regarding the implementation of ordinances designed to improve conditions for pre-trial detainees.
• Lamp Liquors, Inc. v. Adolph Coors Co.
  563 F.2d 425· 10th Cir.· 1977-09-20 ·cited 4×
  The dissenting judge would affirm the lower court's decision, believing the majority's interpretation incorrectly nullifies a constitutional provision.
• Burch v. The Goodyear Tire & Rubber Co.
  554 F.2d 633· 4th Cir.· 1977-05-10 ·cited 4×
  The court held that allegations of injury to the general economy of a state are sufficient to confer standing upon the state's Attorney General to sue for injunctive relief under Section 16 of the Clayton Act in a parens patriae capacity.
• Overmyer v. Fid. & Deposit Co. OF Md.
  554 F.2d 539· 2d Cir.· 1977-05-03 ·cited 4×
  The court affirmed the dismissal of the Overmyers' federal action, finding their constitutional claims foreclosed by prior state court proceedings and Supreme Court precedent, and awarded double costs and attorney's fees for a frivolous appeal.
• Murray A. Candib v. Carver
  344 So. 2d 1312· Fla. 3d DCA· 1977-04-26 ·cited 4×
  A condominium unit owner sought injunctive relief and damages against a neighboring unit owner for excessive noise caused by flooring installed without proper insulation or approval. The trial court denied relief based on finding no legal nuisance, but the appellate court reverse
• Benton Musselwhite v. Raimey
  348 So. 2d 330· Fla. 1st DCA· 1977-03-30 ·cited 4×
• Fanty v. The Commonwealth OF Pa.
  551 F.2d 2· 3d Cir.· 1977-02-08 ·cited 4×
  The Eleventh Amendment and sovereign immunity preclude a district court from ordering notice to welfare recipients about their past rights to state refunds, as this constitutes relief against the state itself for past wrongs.
• Am. Horse Prot. Ass'n v. United States Dep't OF Interior
  D.D.C.· 1977-02-02 ·cited 4×
  The dissenting opinion argues that a trial court abused its discretion by proceeding to a final hearing and entering a final judgment of foreclosure when the notice of hearing did not comply with the 30-day minimum requirement of Rule 1.440(c), R.C.P.
• Marvel v. United States
  548 F.2d 295· 10th Cir.· 1977-01-13 ·cited 4×
  The Anti-Injunction Act bars injunctive relief to prevent IRS asset seizure during a tax refund suit, even if seizure would cause irreparable harm, unless the government cannot possibly prevail on the merits.
• The Town OF Surfside v. Cnty. Line Land Co.
  340 So. 2d 1287· Fla. 3d DCA· 1977-01-04 ·cited 4×
  The Town of Surfside appeals an injunction prohibiting it from accepting refuse at its municipal dump from outside entities. The court affirmed the injunction, finding substantial evidence that the dump's operation constitutes a nuisance affecting the health, safety, and welfare
• Shelton v. Smith
  547 F.2d 768· 2d Cir.· 1976-12-28 ·cited 4×
  Abstention was appropriate because the state statute may be interpreted to require a hearing before parental visiting rights are terminated, thus avoiding federal constitutional questions. The denial of a preliminary injunction is also affirmed.
• Quinn v. Advanced Lighting Prods., Inc.
  340 So. 2d 1213· Fla. 4th DCA· 1976-12-17 ·cited 4×
  Lewis Quinn appealed from summary judgment dismissing his quantum meruit claim based on res judicata, after a jury had previously found against him on his breach of oral contract counterclaim. The court held that a quantum meruit claim is not barred by res judicata when a prior a
• Sierra Club v. United States Postal Serv.
  549 F.2d 1199· 9th Cir.· 1976-12-15 ·cited 4×
  The court held that the Sierra Club was afforded due process of law in the termination of its preferred status.
• Norbert L. Cody v. Union Elec. Co.
  545 F.2d 610· 8th Cir.· 1976-12-02 ·cited 4×
  The district court erred in dismissing the civil rights complaint under the Johnson Act, as the complaint challenged discriminatory credit policies, not public utility rates or rate orders.
• Guesnon v. McHENRY
  539 F.2d 1075· 5th Cir.· 1976-10-04 ·cited 4×
  The court held that a private cause of action cannot be implied from the HUD regulation at issue, and the case should be remanded to allow for HUD's participation.
• McCARTHY v. Dolph Briscoe
  539 F.2d 1353· 5th Cir.· 1976-09-23 ·cited 4×
  The court denied the application for a partial stay and emergency injunctive relief, agreeing that there was insufficient time to place an independent candidate on the ballot without disrupting the election process.
• Baker v. Mathews
  538 F.2d 855· 9th Cir.· 1976-07-22 ·cited 4×
  The court held that the district court lacked jurisdiction because the appellants failed to exhaust administrative remedies.
• Am. Int'l Trading Co. v. Bagley
  536 F.2d 1196· 7th Cir.· 1976-06-28 ·cited 4×
  The court held that the district court has jurisdiction to enjoin practices that constitute an abuse of an agency's investigative powers and may grant preliminary injunctive relief.
• Youker v. Gulley
  536 F.2d 184· 7th Cir.· 1976-06-07 ·cited 4×
  The court held that the Illinois Supreme Court's regulation prohibiting official court reporters from engaging in private reporting activities does not violate the Fourteenth Amendment and was properly dismissed for failure to state a claim.
• Stolberg v. Members OF the Bd. OF Trs. FOR the State Colleges OF the State OF Conn.
  541 F.2d 890· 2d Cir.· 1976-06-02 ·cited 4×
  The dissenting judge argues that the state waived its dual-job ban defense through res judicata and that the Comptroller and Attorney General should be held in contempt for withholding salary.
• Daley v. Mathews
  536 F.2d 519· 2d Cir.· 1976-05-27 ·cited 4×
  The court held that the physician's action seeking declaratory and injunctive relief against the FDA was not ripe for adjudication because the FDA had not taken sufficient affirmative action to create a concrete controversy.
• N.Y. Civil Serv. Comm'n v. Snead
  425 U.S. 457· U.S.· 1976-04-26 ·cited 4×
  The Court held that the appellee lacked standing to challenge the constitutionality of a statute that was not applied to her. The judgment against the Civil Service Commission was vacated.
• F. M. "Bubba" Fisher v. SUN OIL Co.
  330 So. 2d 76· Fla. 1st DCA· 1976-03-30 ·cited 4×
  Oil and gas leaseholders challenged ad valorem tax assessments on their leasehold interests in subsurface mineral rights. The court held that mineral leases are merely the right to search for and sever oil and minerals, not interests in real property, and therefore are not subjec
• Ark. Cmty. Org. FOR Reform NOW v. Coleman
  531 F.2d 864· 8th Cir.· 1976-02-13 ·cited 4×
  The appellate court affirmed the district court's injunction and order requiring new environmental impact statements, finding the district court's reasoning sound and supported by the record. It also granted leave for cross-appellants to seek relief from the district court under
• Chick v. Hills
  528 F.2d 445· 1st Cir.· 1976-01-22 ·cited 4×
  The court held that the district court's finding that the specific housing project, not the entire development parcel, was the relevant federal action for NEPA purposes was not clearly erroneous.
• Confederation OF Police v. The City OF Chicago
  529 F.2d 89· 7th Cir.· 1976-01-15 ·cited 4×
  The court held that police officers have a due process right to a written grievance procedure for adverse job actions short of discharge, but not a constitutional right to collective bargaining.
• United States & W. Elec. Co. v. Dorgan
  522 F.2d 969· 8th Cir.· 1975-09-10 ·cited 4×
  A single federal judge lacks jurisdiction to grant a preliminary injunction restraining the enforcement of a state statute when the relief sought is a declaration of unconstitutionality, as this requires a three-judge district court.
• Econ. Opportunity Comm'n OF Nassau Cnty., Inc. v. Casper Weinberger
  524 F.2d 393· 2d Cir.· 1975-08-06 ·cited 4×
  The court held that the administrative proceedings were not a nullity despite HEW's failure to formally prescribe procedures, as NCEOC was not prejudiced and received adequate notice and opportunity to be heard. The court also affirmed HEW's authority to directly fund GCD.
• In re Penn Cent. Transp. Co.
  520 F.2d 1388· 3d Cir.· 1975-08-04 ·cited 4×
  The court held that the reorganization court had the power to enjoin prosecution of the shareholder's claim and did not abuse its discretion.
• Leva Adkins v. The Honorable Robert C. Underwood
  520 F.2d 890· 7th Cir.· 1975-07-17 ·cited 4×
  The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted, affirming the dismissal.
• Campbell v. Beaughler
  519 F.2d 1307· 9th Cir.· 1975-06-23 ·cited 4×
  The court held that the Marine Corps' hair length and wig regulations for ready reservists do not violate constitutional rights, as they are rationally related to legitimate governmental interests in safety and uniformity.
• Grow v. Smith
  511 F.2d 1146· 9th Cir.· 1975-02-26 ·cited 4×
  The court held that the Eleventh Amendment bars suits for retroactive welfare benefits and that the challenged state regulation requiring minimal information to determine current need is consistent with federal law. The court also remanded for consideration of amended regulations
• Gaglie v. Ulibarri
  507 F.2d 721· 9th Cir.· 1974-12-17 ·cited 4×
  The court affirmed the district court's summary judgment, finding the government's proposed law library insufficient for indigent prisoners' constitutional right to access the courts.
• COX v. The Honorable Robert Turley
  506 F.2d 1347· 6th Cir.· 1974-11-22 ·cited 4×
  The court held that the complaint's allegations were sufficient to warrant an evidentiary hearing on the claims of constitutional violations regarding juvenile arrest, detention, and trial procedures.
• United States v. Northside Realty Assocs., Inc.
  501 F.2d 181· 5th Cir.· 1974-09-23 ·cited 4×
  The court affirmed the district court's finding that the defendants violated the Fair Housing Act, holding that the prior findings were sufficient to support the relief granted.
• Shupack v. Groh
  498 F.2d 675· 5th Cir.· 1974-08-09 ·cited 4×
  The court held that the issues raised by the plaintiff were moot or that the district court properly dismissed the claims.
• Redken Labs., Inc. v. Clairol
  501 F.2d 1403· 9th Cir.· 1974-07-26 ·cited 4×
  The court held that the district court erred in applying the standard of review from Morgan v. Daniels when determining the likelihood of confusion between two trademarks.
• Fonseca v. Hidalgo Cnty. Water Improvement Dist. NO. 2
  496 F.2d 109· 5th Cir.· 1974-06-17 ·cited 4×
  The court held that the constitutional attack on the land ownership requirement for water district directors is not insubstantial, thus requiring a three-judge court.
• Belcher v. Tarbox
  486 F.2d 1087· 9th Cir.· 1973-11-07 ·cited 4×
  The court held that fraudulent material is not barred from copyright protection, and the Copyright Act does not require courts to pass on the truth or falsity of copyrighted works. However, it reversed the denial of copyright enforcement for a publication found to be deceptive.
• United States v. Goodman
  486 F.2d 847· 7th Cir.· 1973-09-28 ·cited 4×
  The court held that the Secretary of HEW may enforce an interim FDA guideline establishing a maximum DDT level in fish, even without a formally promulgated EPA regulation, because the statutory scheme allows for judicial injunctions against unsafe foods in the absence of such reg
• Zella Mae Graham v. Cole
  483 F.2d 255· 5th Cir.· 1973-08-10 ·cited 4×
  The court held that the appeal was not ripe for review because the district court's order was not final and appealable under Rule 54(b).
• Mattingly v. Elias
  482 F.2d 526· 3d Cir.· 1973-07-09 ·cited 4×
  The court held that the district court erred in requiring tenants to present retaliatory eviction claims in state court, but correctly dismissed claims for warranty of habitability and unconscionability due to lack of federal jurisdiction.
• Senator Harrison A. Williams, Jr. v. Phillips
  482 F.2d 669· D.C. Cir.· 1973-06-22 ·cited 4×
  The court held that the appellant failed to demonstrate a sufficient likelihood of success on the merits to justify a stay pending appeal of the district court's order.
• Meltzer v. Bd. OF Pub. Instruction OF Orange Cnty.
  480 F.2d 552· 5th Cir.· 1973-06-05 ·cited 4×
  The court affirmed the denial of a three-judge court for the statutory claim but remanded for further findings on other claims and clarification of injunctive relief.
• Lieutenant Junior Grade Monroe G. Piland III v. Captain G. V. Eidson
  477 F.2d 1148· 9th Cir.· 1973-04-18 ·cited 4×
  The court held that a military member seeking to challenge the denial of conscientious objector status is considered in custody within the judicial district of their last duty station for the purpose of habeas corpus jurisdiction, even if under orders to transfer.