Irreparable Harm

2,255 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Milner Voice & Data, Inc. v. Tassy
  377 F. Supp. 2d 1209· S.D. Fla.· 2005-06-21 ·cited 4×
  The court granted in part and denied in part the plaintiff's motion for a preliminary injunction, finding that the non-compete restrictive covenant was enforceable against Defendant Rodriguez, who had intentionally breached it, and that there was a presumption of irreparable harm
• Bankwest, Inc. v. Thurbert E. Baker
  411 F.3d 1289· 11th Cir.· 2005-06-10 ·cited 4×
  The dissenting judge argues that the federal statute (12 U.S.C. § 1831d(a)) expressly preempts Georgia's law that attempts to regulate interest rates charged by out-of-state banks through in-state agents. The dissent contends that the term "any loan" in the federal statute means
• Learn v. Shackelford
  903 So. 2d 335· Fla. 2d DCA· 2005-06-10 ·cited 4×
  The Learns challenged a trial court order staying proceedings in their shareholder deadlock case and authorizing unilateral check-writing authority for Shackelford, Sr. The appellate court treated the appeal as a petition for writ of certiorari and dismissed it, finding the Learn
• Lifemark Hosps. OF Fla. v. Izquierdo
  899 So. 2d 478· Fla. 3d DCA· 2005-04-13 ·cited 4×
  The court held that the denial of a motion to depose a material witness, where no good cause was shown to restrict discovery, constitutes irreparable harm that warrants certiorari.
• Progressive Consumers Ins. Co. v. DAY
  869 So. 2d 621· Fla. 1st DCA· 2004-03-16 ·cited 4×
  The appellate court denied an insurance company's petition for a writ of certiorari to review a trial court's order denying a motion to dismiss a bad faith claim. The court found that the insurance company failed to demonstrate irreparable harm that could not be remedied on appea
• The Int'l Bank OF Miami, N.A. v. Ami Shinitzky
  849 So. 2d 1188· Fla. 4th DCA· 2003-07-23 ·cited 4×
  International Bank of Miami sought certiorari review of trial court orders compelling production of a Suspicious Activity Report (SAR) in a civil fraud lawsuit. The Fourth District Court of Appeal held that federal law and regulations prohibit disclosure of SARs in civil discover
• Alliant Cap., Ltd. v. Singleton
  835 So. 2d 365· Fla. 5th DCA· 2003-01-24 ·cited 4×
  Alliant Capital challenged a temporary injunction that kept Singleton and his entities in management control of two senior housing projects. The Fifth District Court of Appeal reversed and remanded because the trial court failed to comply with procedural requirements for issuing
• S. Diagnostic Assocs. v. Bencosme
  833 So. 2d 801· Fla. 3d DCA· 2002-10-30 ·cited 4×
  Southern Diagnostic Associates sought certiorari review of an order requiring inspection of its computer system to obtain discovery of payments to physicians who performed independent medical examinations (IMEs). The court held that while the discovery sought was proper under All
• Est. OF Lisa McPHERSON v. Church OF Scientology Flag Serv. Org., Inc.
  815 So. 2d 678· Fla. 2d DCA· 2002-04-03 ·cited 4×
  The Florida District Court of Appeal quashed a discovery order requiring the estate of Lisa McPherson to disclose the sources of litigation funding in a wrongful death action against the Church of Scientology. The court held that such disclosure would cause irreparable harm and t
• United Auto. Ins. Co. v. Sanar Clinical Rehab Ctr., Inc.
  766 So. 2d 356· Fla. 3d DCA· 2000-07-19 ·cited 4×
  The appellate court affirmed the trial court's denial of a temporary injunction, finding the plaintiff failed to demonstrate immediate danger of significant loss or meet public policy requirements.
• Wal-Mart Stores, Inc. v. Marlana Cumming
  736 So. 2d 1248· Fla. 4th DCA· 1999-06-30 ·cited 4×
  Wal-Mart sought certiorari review of a discovery order requiring production of allegedly irrelevant information. The court dismissed the petition, holding that certiorari does not lie to review discovery relevance absent a showing of irreparable harm.
• Berton Schneider v. Schneider
  732 So. 2d 1147· Fla. 4th DCA· 1999-04-07 ·cited 4×
  The court held that denial of a party's right to self-representation in a civil case, while prejudicial, does not constitute irreparable harm that cannot be remedied by final appeal, and thus is not reviewable by common law certiorari.
• Mediaone of Del., Inc. v. E & a Beepers & Cellulars
  43 F. Supp. 2d 1348· S.D. Fla.· 1998-10-28 ·cited 4×
  The court granted the plaintiff's motion for a preliminary injunction, asset freeze, accounting, and expedited discovery, finding that the defendants violated federal law by manufacturing and selling unauthorized cable television decoder devices.
• Costa v. State
  712 So. 2d 455· Fla. 4th DCA· 1998-06-17 ·cited 4×
  This case concerns whether a trial court can deny a public defender's motion to withdraw when the public defender certifies an irreconcilable conflict of interest. The appellate court found that the trial court erred in denying the motion, as the public defender should be allowed
• Robinson v. Power Pizza, Inc.
  993 F. Supp. 1462· M.D. Fla.· 1998-02-11 ·cited 4×
  The court held that the plaintiffs were likely to succeed on the merits of their claim that the defendant's refusal to deliver food to the predominantly African-American community of American Beach, while delivering to the predominantly Caucasian community of Amelia Island Planta
• Mmma v. Jonely
  677 So. 2d 343· Fla. 5th DCA· 1996-06-28 ·cited 4×
  MMMA, the natural mother of a minor child, sought a writ of certiorari to quash a Florida circuit court's orders denying her motions to dismiss and appointing a guardian ad litem in proceedings initiated by Susan Jonely, a Tennessee resident seeking to monitor the child's welfare
• Gross v. Barnett Banks, Inc.
  934 F. Supp. 1340· M.D. Fla.· 1995-11-22 ·cited 4×
  The court held that the Anti-Injunction Act permitted enjoining state court proceedings that sought to relitigate claims already resolved by a federal class action settlement, and that the movant was not entitled to relief from the judgment due to inadequate notice.
• Taylor v. Searcy Denney Scarola Barnhart & Shipley, P.A.
  651 So. 2d 97· Fla. 4th DCA· 1994-11-30 ·cited 4×
  The court affirmed the district court's decision that the title insurer owed a duty to defend its insured against a competing lien claimant under the policy.
• In re Am. Airlines, Inc.
  972 F.2d 605· 5th Cir.· 1992-09-04 ·cited 4×
  The court held that the district court erred in denying American's motion to disqualify Vinson & Elkins, and issued a writ of mandamus directing disqualification.
• Finkelstein v. Finkelstein
  603 So. 2d 715· Fla. 4th DCA· 1992-08-26 ·cited 4×
  The court held that the trial court erred in discharging a notice of lis pendens because the moving party failed to meet the burden of proving that the notice was inappropriate.
• Serv. & Training v. Data Gen. Corp.
  963 F.2d 680· 4th Cir.· 1992-05-06 ·cited 4×
  The court held that while the district court erred in finding MV/ADEX and repair services were not separate products, summary judgment for the defendant was still warranted because the plaintiffs failed to raise a genuine issue of material fact regarding the existence of a tying
• Landmark Land Co., Inc. v. Off. OF Thrift Supervision
  948 F.2d 910· 5th Cir.· 1991-11-26 ·cited 4×
  A district court cannot transfer an action challenging an OTS cease-and-desist order to a district not specified in 12 U.S.C. § 1818(c)(2), as 12 U.S.C. § 1818(i)(1) bars other courts from affecting such orders.
• Claughton v. Donner
  771 F. Supp. 1200· S.D. Fla.· 1991-08-30 ·cited 4×
  The court held that it lacked subject matter jurisdiction and that the plaintiff failed to state a claim upon which relief could be granted, thus granting the motions to dismiss.
• Rigoberto Guerra, Jr. v. Scruggs
  942 F.2d 270· 4th Cir.· 1991-08-09 ·cited 4×
  The court held that a soldier challenging his discharge must exhaust administrative remedies and that the harm from a general discharge under honorable conditions is generally not sufficient to warrant injunctive relief, especially in military cases.
• Girard v. Klopfenstein
  930 F.2d 738· 9th Cir.· 1991-04-15 ·cited 4×
  The court held that exhaustion of administrative remedies was not required for a constitutional challenge to debarment procedures, and that the ASCS debarment procedures did not violate the APA or procedural due process. The appeal concerning Klopfenstein was dismissed as moot.
• Oakley, Inc. v. Int'l Tropic-Cal, Inc.
  923 F.2d 167· Fed. Cir.· 1991-01-09 ·cited 4×
  The court vacated the preliminary injunction because the district court's findings of fact were insufficient to support its conclusions on patent infringement and Lanham Act violations, preventing meaningful appellate review.
• Cohen v. Cohen
  567 So. 2d 1015· Fla. 3d DCA· 1990-10-09 ·cited 4×
  The court reversed a probate court's denial of a motion to strike Joyce Cohen, the residual beneficiary of her murdered husband's estate, as an interested person after she was convicted of his murder. Under Florida Statute § 732.802(1), a beneficiary convicted of intentionally ki
• Nat'l People's Action v. Vill. OF Wilmette & Fred W. Stoecker
  914 F.2d 1008· 7th Cir.· 1990-10-03 ·cited 4×
  The court held that the district court did not err in granting a preliminary injunction against the Village's fingerprinting requirement for solicitors, finding it likely violated First Amendment free speech rights.
• Southards v. Motel Mgmt. Co.
  567 So. 2d 523· Fla. 3d DCA· 1990-09-25 ·cited 4×
  Interval owners of a condominium unit who paid their share of property taxes sought a temporary injunction to prevent a tax deed sale after the managing entity failed to pay the majority's delinquent taxes and the tax collector refused to allocate collected funds to protect owner
• United Paperworkers Int'l v. ITT Rayonier, Inc.
  752 F. Supp. 427· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the timeliness of a grievance filed under a collective bargaining agreement is an issue for the arbitrator, not the court, to decide.
• Am. Civil Liberties Union of Fla., Inc. v. Florida Bar
  744 F. Supp. 1094· N.D. Fla.· 1990-08-10 ·cited 4×
  The court held that Florida Canon 7(B)(1)(c), prohibiting judicial candidates from announcing views on disputed legal or political issues, is likely unconstitutional as it is not narrowly tailored to serve a compelling state interest.
• Natural Res. Def. Council, Inc. v. Texaco Ref. & Mktg., Inc.
  906 F.2d 934· 3d Cir.· 1990-06-20 ·cited 4×
  The court held that the district court erred by presuming irreparable harm and failing to apply the traditional equitable standard when issuing a permanent injunction under the Clean Water Act.
• Ill. Tool Works, Inc. v. Grip-Pak, Inc.
  906 F.2d 679· Fed. Cir.· 1990-06-20 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the patent holder failed to sufficiently demonstrate the necessary equitable factors.
• Roho v. Marquis
  902 F.2d 356· 5th Cir.· 1990-06-01 ·cited 4×
  The court held that the defendant's actions in assembling patented wheelchair cushions into a mattress and relabeling it did not constitute reverse palming off under the Lanham Act because a new product was created.
• Weitzman v. Stein
  897 F.2d 653· 2d Cir.· 1990-03-01 ·cited 4×
  An injunction freezing a party's assets was improperly entered because it lacked notice to the party and the court failed to make required findings of fact and conclusions of law, and because personal jurisdiction had not been sufficiently established.
• The Rathmann Grp. v. Tanenbaum
  889 F.2d 787· 8th Cir.· 1989-11-15 ·cited 4×
  The court held that the district court abused its discretion by failing to adequately consider the amount of security required for a preliminary injunction and erred by issuing a preliminary injunction that effectively granted all relief sought without proper notice or considerat
• M.A. Mortenson Co. v. The United States
  877 F.2d 50· Fed. Cir.· 1989-06-05 ·cited 4×
  An order imposing monetary sanctions for discovery abuse is not immediately appealable under the collateral order doctrine or Rule 54(b) certification because it does not conclusively determine a separate issue or cause irreparable harm.
• The Long Island R.R. Co. v. Int'l Ass'n OF MacHinists
  874 F.2d 901· 2d Cir.· 1989-04-10 ·cited 4×
  The court held that sympathy strikes by railroad employees, in response to a strike by another union against a different employer, are subject to the Railway Labor Act's dispute resolution procedures and can be enjoined pending arbitration.
• Mays v. Twigg
  543 So. 2d 241· Fla. 2d DCA· 1989-03-22 ·cited 4×
  The Twiggs sought a declaratory judgment that Kimberly Mays was their biological daughter, allegedly switched at birth with the Mays' daughter at a hospital. The court held that before allowing discovery in such sensitive paternity cases, the trial court must first determine whet
• S.C. Dep't OF Wildlife & Marine Res. v. Marsh
  866 F.2d 97· 4th Cir.· 1989-01-24 ·cited 4×
  The court held that while the Corps' failure to adequately consider environmental risks in its EIS warranted an injunction against operation of pumped storage facilities, enjoining their installation was overly broad as installation itself caused no environmental harm.
• In re Perry
  859 F.2d 1043· 1st Cir.· 1988-10-19 ·cited 4×
  The court held that the administrative law judge's protective orders, as applied to restrict union campaign literature and exclude a representative, constituted a usurpation of power and violated the First Amendment.
• Ringling BROS.-BARNUM & Bailey Combined Shows, Inc. v. Celozzi-Ettelson Chevrolet, Inc.
  855 F.2d 480· 7th Cir.· 1988-08-25 ·cited 4×
  The court held that the Illinois Anti-Dilution Act is not preempted by federal trademark law and that the defendant's use of a similar slogan diluted the plaintiff's famous mark, justifying a preliminary injunction.
• United States v. Bogle
  693 F. Supp. 1102· S.D. Fla.· 1988-08-11 ·cited 4×
  The court denied the government's motion for a stay pending Supreme Court review, finding the government unlikely to prevail on the merits and that a stay would cause irreparable harm to defendants. The court also ruled that the provisions eliminating parole were not severable fr
• United States v. BNS Inc.
  848 F.2d 945· 9th Cir.· 1988-05-27 ·cited 4×
  The appellate court held that the district court had authority to issue a preliminary injunction under the All Writs Act to preserve its jurisdiction under the APPA, and modified the injunction by appointing an independent trustee.
• Paris v. Dep't OF Hous. & Urban Dev.
  843 F.2d 561· 1st Cir.· 1988-03-23 ·cited 4×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction, as the legislative intent underlying public housing provisions forbids skipping over families because they are too poor.
• Shurance v. Planning Control Int'l, Inc.
  839 F.2d 1347· 9th Cir.· 1988-02-18 ·cited 4×
  The denial of a motion to disqualify opposing counsel, even if certified for interlocutory appeal, does not present a controlling question of law that would materially advance the litigation.
• Baker's AID v. Hussmann Foodservice Co. & Hussmann Corp.
  830 F.2d 13· 1st Cir.· 1987-10-01 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to make a sufficient showing of irreparable harm, despite a likelihood of success on the merits.
• United States v. Raffoul
  826 F.2d 218· 3d Cir.· 1987-08-14 ·cited 4×
  The court held that the press and public are entitled to a hearing on closure motions made during a criminal trial, and to a hearing on access to sealed transcripts, to satisfy due process requirements.
• Watson v. Butler
  823 F.2d 842· 5th Cir.· 1987-07-22 ·cited 4×
• 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.