Irreparable Harm

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

• United States v. Pearce
  792 F.2d 397· 3d Cir.· 1986-06-12 ·cited 4×
  The court held that a defendant charged with criminal contempt for disobeying a court order should be permitted to raise the invalidity of the underlying order as a defense, especially when the order was not appealable.
• 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
• Packard Elevator v. Interstate Commerce Comm'n & United States
  782 F.2d 112· 8th Cir.· 1986-01-17 ·cited 4×
  The court denied petitioners' motion for a stay pending judicial review because they failed to demonstrate they would suffer irreparable harm.
• Mut. OF Omaha Ins. Co. v. Franklyn Novak
  775 F.2d 247· 8th Cir.· 1985-10-16 ·cited 4×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against trademark infringement, but remanded for an expedited trial on the merits.
• Bonar v. Ambach
  771 F.2d 14· 2d Cir.· 1985-08-14 ·cited 4×
  Attorneys' fees under 42 U.S.C. § 1988 are not available for claims falling within the Education for All Handicapped Children Act (EHA) unless a separate due process claim independent of EHA, demonstrating irreparable harm, is established.
• Ryko Mfg. Co. v. Eden Servs.
  759 F.2d 671· 8th Cir.· 1985-04-12 ·cited 4×
  The court held that the district court abused its discretion in including northern Virginia in the exclusive territory and in requiring 150% commission, but did not abuse its discretion in enjoining the termination of the distributorship contract.
• 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.
• Am. Fed'n OF Television & Radio Artists, AFL-CIO v. Inner City Broad. Corp.
  748 F.2d 884· 2d Cir.· 1984-11-21 ·cited 4×
  The court held that the district court erred in finding that the parties did not intend to be bound by an oral agreement, as federal labor law favors collective bargaining agreements and technical rules of contract do not control. The court reversed the denial of arbitration and
• The Populist Party v. Herschler
  746 F.2d 656· 10th Cir.· 1984-10-15 ·cited 4×
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits regarding Wyoming's ballot access requirements for independent candidates and new political parties, thus denying their motion for an injunction pending appeal.
• Laurence Gerard & Firejet Am., Ltd. v. Almouli
  746 F.2d 936· 2d Cir.· 1984-10-12 ·cited 4×
  The court held that the district court erred in granting a preliminary injunction because the appellees failed to demonstrate irreparable harm and an inadequate remedy at law.
• Harris v. United States
  745 F.2d 535· 8th Cir.· 1984-10-11 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to show irreparable harm, as adequate remedies exist in the Court of Claims.
• Champion v. State OF Cal.
  738 F.2d 1082· 9th Cir.· 1984-07-30 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction against the deduction of fair share fees, as existing Supreme Court precedent generally upholds such deductions and the specific circumstances did not warrant extraordinary rel
• Lambert v. Rogers
  454 So. 2d 672· Fla. 5th DCA· 1984-07-26 ·cited 4×
  Principal Lambert and the Marion County School Board appealed a circuit court injunction that halted an administrative hearing to determine whether Lambert held a one-year or three-year employment contract. The appellate court reversed, holding that the School Board had jurisdict
• The Hillhaven Corp. v. Wis. Dep't OF Health & Soc. Servs.
  733 F.2d 1224· 7th Cir.· 1984-05-08 ·cited 4×
  The court held that the district court erred in granting a preliminary injunction because the plaintiff failed to establish a likelihood of success on the merits, given the appellate court's reversal of the prior ruling on the same issue.
• Boroughs of Ellwood City v. Fed. Energy Regulatory Comm'n
  701 F.2d 266· 3d Cir.· 1983-03-04 ·cited 4×
  The court held that the FERC's decision to suspend a rate increase for the minimum statutory period of one day is not subject to judicial review.
• Ltd Commodities, Inc. v. Igor G. Perederij & Beacon Data Processing Serv. Corp.
  699 F.2d 404· 7th Cir.· 1983-02-08 ·cited 4×
  The dissenting judge argues the district court abused its equity power by ordering payment of Data's claim from a letter of credit without adequate security for LTD.
• Tenant Affairs Bd. v. Pierce
  693 F.2d 797· 8th Cir.· 1982-11-30 ·cited 4×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion regarding the district court's determination of no irreparable harm.
• 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
• Int'l Union v. Dana Corp.
  679 F.2d 634· 6th Cir.· 1982-06-04 ·cited 4×
  The court held that the Norris-LaGuardia Act does not preclude injunctions against employer self-help measures that undermine the arbitral process, even if those measures involve speech protected by the First Amendment.
• Walker v. Lockhart
  678 F.2d 68· 8th Cir.· 1982-05-19 ·cited 4×
  The court granted the inmate's petition for an injunction pending appeal, requiring prison officials to maintain his current conditions of confinement.
• Del. Valley Citizens' Council for Clean Air v. Commonwealth OF PA.
  674 F.2d 987· 3d Cir.· 1982-04-06 ·cited 4×
  The court denied the petition for rehearing en banc, allowing a previously granted stay to stand pending merits panel review.
• Downstate Stone Co. v. United States
  651 F.2d 1234· 7th Cir.· 1981-06-19 ·cited 4×
  The court held that the district court abused its discretion by granting a preliminary injunction that enjoined the United States from enforcing criminal statutes related to national forest regulations, as Downstate failed to meet the standards for such an injunction.
• Halloran v. Pensacola Ass'n OF Life Underwriters, Inc.
  395 So. 2d 554· Fla. 1st DCA· 1981-01-14 ·cited 4×
  The court held that the appeal is moot because the temporary suspension of membership has expired.
• Seniors United FOR Action v. RAY
  635 F.2d 746· 8th Cir.· 1980-12-31 ·cited 4×
  The court affirmed the district court's denial of a preliminary injunction, finding no abuse of discretion or erroneous legal premise.
• 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.
• Bio-Medicus, Inc. v. S'holders Comm. IN Opposition TO the Mgmt. OF Bio-Medicus, Inc.
  608 F.2d 1155· 8th Cir.· 1979-11-13 ·cited 4×
  The court held that the district court did not abuse its discretion in denying plaintiffs' motions for preliminary injunctive relief, as plaintiffs failed to demonstrate a likelihood of success on the merits, irreparable harm, or a balance of hardships tipping in their favor.
• United States v. City OF LOS Angeles
  595 F.2d 1386· 9th Cir.· 1979-05-02 ·cited 4×
  The court held that the City failed to meet the standards for preliminary injunctive relief under the Safe Streets Act, and thus the injunction preventing the government from pursuing employment discrimination actions against the LAPD must be vacated.
• Stenberg v. Cheker OIL Co. & Marathon Oil Co.
  573 F.2d 921· 6th Cir.· 1978-04-10 ·cited 4×
  The court held that the preliminary injunction granting ultimate relief and the subsequent contempt order were improperly issued and vacated them.
• Interco v. The First Nat'l Bank OF Boston
  560 F.2d 480· 1st Cir.· 1977-08-16 ·cited 4×
  The court held that Interco failed to establish irreparable harm because it had an adequate remedy at law for the bank's alleged wrongful honor of letters of credit.
• 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.
• Rocco Catena v. Capitol Indus., Inc.
  543 F.2d 77· 9th Cir.· 1976-10-07 ·cited 4×
  The court held that the order prescribing the form of notice to class members is not a final decision and therefore not immediately appealable.
• Abercrombie v. Lum's, Inc.
  531 F.2d 775· 5th Cir.· 1976-05-17 ·cited 4×
  The court held that the district court did not err in denying the motion for preliminary and permanent injunctions because the requested relief was either moot, unnecessary, or lacked a causal connection to the alleged antitrust violations.
• Encyclopaedia Britannica Inc. v. Fed. Trade Comm'n
  517 F.2d 1013· 7th Cir.· 1975-05-29 ·cited 4×
  The court denied the emergency motion for an injunction pending appeal, finding no irreparable harm from proceeding with the FTC hearing.
• Scott v. Chief OF Police & four other unnamed Breckenridge Hills
  492 F.2d 1310· 8th Cir.· 1974-03-05 ·cited 4×
  The court held that the order denying appointment of counsel was not immediately appealable without a record showing irreparable harm.
• Int'l News Distribs., Inc. v. Shriver
  488 F.2d 1350· 6th Cir.· 1973-12-19 ·cited 4×
  The court held that the district court erred in dismissing the claims for injunctive and declaratory relief without convening a three-judge court, as the allegations of bad faith enforcement and harassment raised a substantial constitutional question.
• Maxwell v. Wyman
  458 F.2d 1146· 2d Cir.· 1972-04-03 ·cited 4×
  The court held that nursing homes are entitled to a preliminary injunction against state departments to prevent termination of Medicaid reimbursement without a hearing on waiver eligibility.
• The Mut. Benefit Life Ins. Co. v. Atlas Fin. Corp.
  454 F.2d 278· 3d Cir.· 1972-01-07 ·cited 4×
  The court held that the district court did not err in granting a preliminary injunction restraining a company from making payments under a tax sharing agreement.
• Tyree v. Fitzpatrick
  445 F.2d 627· 1st Cir.· 1971-06-29 ·cited 4×
  The court held that the prisoner failed to demonstrate irreparable harm necessary for interlocutory injunctive relief regarding prison conditions and mail censorship.
• Broyhill v. Zeb A. Morris, Jr.
  408 F.2d 820· 4th Cir.· 1969-03-20 ·cited 4×
  The court held that a federal court should not enjoin a state prosecution absent allegations of irreparable harm, bad faith, harassment, or inadequate state remedies.
• Sanstrom v. Garren
  187 So. 2d 366· Fla. 3d DCA· 1966-06-07 ·cited 4×
  The court held that a complaint seeking injunctive relief based on a contingent future injury fails to state a cause of action.
• Niles B. Whitten v. Clark
  Fla. 1st DCA· 2023-05-03 ·cited 3×
  A petitioner seeking certiorari relief must demonstrate irreparable harm, and where the petitioner has not been charged and may never be charged, the court lacks jurisdiction to grant certiorari relief.
• Publix Super Mkts., Inc. v. Blanco
  373 So. 3d 1178· Fla. 3d DCA· 2023-01-25 ·cited 3×
  The appellate court granted Publix's petition for certiorari, quashing a discovery order that allowed corporate-wide discovery in a slip-and-fall case. The court found that such broad discovery was impermissible under Florida Statute 768.0755, which requires proof of actual or co
• Wharran v. Suen Anghara Morgan
  351 So. 3d 632· Fla. 2d DCA· 2022-11-18 ·cited 3×
  The appellate court reviewed a discovery order compelling the production of cell phone records. It held that the trial court erred by allowing broad discovery without first determining relevance, balancing privacy rights, and conducting an in camera review, thus quashing the orde
• Graham v. Battey
  347 So. 3d 515· Fla. 5th DCA· 2022-09-16 ·cited 3×
  A temporary injunction must be affirmed only to the extent that each of the four required elements—irreparable harm, inadequacy of legal remedy, substantial likelihood of success on the merits, and public interest—is supported by specific factual findings; portions lacking these
• Rayon Payne v. Koch
  Fla. 5th DCA· 2022-04-14 ·cited 3×
  A trial court violates due process and departs from the essential requirements of law when it grants relief not requested in the pleadings without providing notice and a meaningful opportunity to be heard before rendering judgment. Such an order affecting parental rights causes i
• Emed Urgent & Primary Care, P.A. v. Rivas
  335 So. 3d 766· Fla. 1st DCA· 2022-03-09 ·cited 3×
  The appellate court dismissed a petition for certiorari because the petitioners failed to demonstrate irreparable harm, a necessary element for such review. This case clarifies the jurisdictional requirements for seeking interlocutory review via certiorari.
• Mohler v. Elliott
  332 So. 3d 1120· Fla. 2d DCA· 2022-01-14 ·cited 3×
  The appellate court granted certiorari review of a partial final summary judgment, finding it was improperly entered. The court quashed the judgment because it allowed execution before a final appealable order, causing irreparable harm.
• Dodd Chiropractic Clinic, P.A. v. USAA Cas. Ins. Co.
  313 So. 3d 178· Fla. 1st DCA· 2021-02-12 ·cited 3×
  A petition for writ of certiorari must be dismissed when the petitioner has not established irreparable harm.
• Owners Ins. Co. v. Armour
  303 So. 3d 263· Fla. 2d DCA· 2020-09-09 ·cited 3×
  Owners Insurance Company petitioned for certiorari review of a circuit court order denying its motion for protective order and allowing discovery depositions in a declaratory action over insurance coverage for defective construction. The court granted the petition in part, findin
• Saints 120, LLC v. Michaele M. Moore
  292 So. 3d 1209· Fla. 1st DCA· 2020-03-24 ·cited 3×
  This case involves a nursing home's petition for a writ of certiorari to quash discovery orders in a wrongful death lawsuit. The appellate court reviewed two orders: one compelling the production of resident names and contact information, and another compelling the production of