Irreparable Harm

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

• Proctor v. Eason
  651 So. 2d 1301· Fla. 2d DCA· 1995-03-17 ·cited 2×
  Gerald Proctor, a dairy farmer, appeals a temporary injunction that froze milk proceeds owed to him by the Florida Dairy Farmers Association to satisfy alleged unpaid cattle lease payments to Betty Anne Eason. The court reversed, holding that an injunction cannot be used to enfor
• Wolfe v. Safecard Servs., Inc.
  873 F. Supp. 648· S.D. Fla.· 1995-01-11 ·cited 2×
  The court held that the defendant failed to meet the requirements for an injunction to stay state court proceedings, as he did not demonstrate irreparable harm or the absence of an adequate remedy at law, and the relitigation exception to the Anti-Injunction Act did not clearly a
• Cajun & Grill OF Am., Inc. v. JET Int'l Cuisine, Inc.
  646 So. 2d 801· Fla. 3d DCA· 1994-12-07 ·cited 2×
  Cajun & Grill of America, Inc. and its owner appealed an order granting emergency temporary injunctive relief and appointing a receiver to maintain control of a restaurant. The appellate court reversed, holding that the plaintiff failed to satisfy the required criteria for prelim
• Neel v. Williams Commc'n Serv., Inc.
  638 So. 2d 1017· Fla. 2d DCA· 1994-06-15 ·cited 2×
  Betty Sue Neel appealed the trial court's issuance of a temporary restraining order (TRO) that prevented her from disposing of assets in a civil embezzlement case brought by her former employer, Williams Communication Services. The appellate court reversed, finding that Williams
• Odom v. Mears Transp. Grp.
  630 So. 2d 637· Fla. 1st DCA· 1994-01-06 ·cited 2×
  This case involves a workers' compensation claimant seeking discovery of advertising contracts and former driver leases to establish an employer-employee relationship. The appellate court affirmed the denial of broad discovery requests due to their overbreadth and burden, but rev
• In re Guardianship OF Margaret D. Murphey v. Catholic Charities OF the Diocese OF Palm Beach, Inc.
  630 So. 2d 591· Fla. 4th DCA· 1993-10-13 ·cited 2×
  A ward in a guardianship sought relief from trial court orders that removed her court-appointed attorney and authorized her guardian to represent her in an appeal. The court quashed the order removing counsel, finding a potential conflict of interest when the guardian—who was pur
• Barberio-Powell v. Bernstein Leibstone Assocs., Inc.
  624 So. 2d 383· Fla. 4th DCA· 1993-09-22 ·cited 2×
  The Florida Fourth District Court of Appeal reversed a temporary injunction prohibiting a former employee from soliciting her former employer's customers, finding the employer failed to demonstrate the irreparable harm necessary to justify such an injunction. The court held that
• Intel Corp. v. Ulsi Sys. Tech., Inc.
  995 F.2d 1566· Fed. Cir.· 1993-06-10 ·cited 2×
  The panel held that a broad cross-license agreement between companies effectively immunizes third parties from patent infringement claims related to the licensed patents.
• Dakota Indus., Inc. v. Dakota Sportswear, Inc.
  988 F.2d 61· 8th Cir.· 1993-03-12 ·cited 2×
  The court held that new evidence of additional trademarks used by the defendant, not presented to the district court, warrants vacating the denial of a preliminary injunction and remanding for reconsideration.
• City OF Boynton Beach v. Finizio
  611 So. 2d 74· Fla. 4th DCA· 1992-12-30 ·cited 2×
  The City of Boynton Beach appealed a temporary injunction and mandamus writ issued in favor of employee Vincent Finizio regarding implementation of a Civil Service Board's favorable grievance decision. The court reversed the injunction because loss of employment does not constitu
• United States v. Nutri-Cology, Inc.
  982 F.2d 394· 9th Cir.· 1992-12-29 ·cited 2×
  The court held that the government failed to demonstrate irreparable harm, and thus the district court did not abuse its discretion in denying the preliminary injunction.
• Aswegan v. Henry
  981 F.2d 313· 8th Cir.· 1992-12-02 ·cited 2×
  Prisoners do not have a right to a specific means of access to the courts, and the ISP's policy does not deny them adequate access.
• Basicomputer Corp. v. Scott
  973 F.2d 507· 6th Cir.· 1992-09-08 ·cited 2×
  The court held that the district court properly exercised diversity jurisdiction and granted a preliminary injunction enforcing non-competition and confidentiality covenants, but erred in modifying the injunction based on an incorrect interpretation of Ohio law.
• Diamond v. Interstate Trading Corp.
  606 So. 2d 631· Fla. 3d DCA· 1992-09-01 ·cited 2×
  In this interlocutory appeal, defendants Diamond challenged a temporary injunction freezing their commercial bank account based on ITC's fraud and contract claims. The court reversed the injunction, holding that ITC failed to establish the essential elements of equitable relief—s
• Henderson v. Lane
  979 F.2d 466· 7th Cir.· 1992-08-13 ·cited 2×
  The court held that the plaintiff failed to demonstrate a clearly established right to more frequent showers or exercise, and thus defendants are entitled to qualified immunity on those claims. The denial of preliminary injunctive relief was also affirmed.
• Schoolcraft v. Louis W. Sullivan, M.D.
  971 F.2d 81· 8th Cir.· 1992-07-02 ·cited 2×
  The court held that the district court erred in dismissing the class action for lack of subject matter jurisdiction based on failure to exhaust administrative remedies, and that waiver of exhaustion was appropriate under the circumstances.
• Goodheart Clothing Co., Inc. v. Laura Goodman Enters., Inc.
  962 F.2d 268· 2d Cir.· 1992-05-07 ·cited 2×
  The dissenting judge believes the district court's judgment, based on a Rule 68 offer and acceptance, should be affirmed, including the award of attorney's fees.
• Hernando Marin v. Batista
  590 So. 2d 523· Fla. 3d DCA· 1991-12-10 ·cited 2×
  An attorney refused to return $58,000 held in trust for his client, claiming he would withhold the funds until compensated for services despite no agreement authorizing such a setoff. The appellate court denied certiorari review, finding the trial court's order was not final and
• State OF N.C. v. City OF Va. Beach
  951 F.2d 596· 4th Cir.· 1991-12-06 ·cited 2×
  The dissenting judge would affirm the district court's decisions to enjoin construction pending FERC's environmental review and to deny the motion to alter or amend the injunction.
• Mich. Coal. OF Radioactive Material Users, Inc. v. Griepentrog
  945 F.2d 150· 6th Cir.· 1991-09-24 ·cited 2×
  The court granted the defendants' motion for a stay of the district court's judgment pending appeal, finding they demonstrated a sufficient probability of success on the merits regarding personal jurisdiction and irreparable harm.
• Overholt Crop Ins. Serv. Co. v. Travis
  941 F.2d 1361· 8th Cir.· 1991-08-14 ·cited 2×
  The court held that awarding both liquidated and compensatory damages for the same conduct, or for overlapping breaches, is improper and can render the liquidated damages clause a penalty.
• Cellular Sales, Inc. v. MacKay
  942 F.2d 483· 8th Cir.· 1991-08-13 ·cited 2×
  The court held that the name 'Cellular Sales' is generic and not entitled to trade name protection, and the plaintiff failed to establish irreparable harm.
• Nw. Nat'l Ins. Co. OF Milwaukee v. Alberts
  937 F.2d 77· 2d Cir.· 1991-06-28 ·cited 2×
  A preliminary injunction enforcing surety rights of exoneration and quia timet was improvidently granted because the surety failed to establish irreparable harm flowing solely from the loss of those rights.
• United States v. State OF Colo.
  937 F.2d 505· 10th Cir.· 1991-06-25 ·cited 2×
  The court held that a district court cannot unilaterally modify the terms of a consent decree agreed upon by the parties, as this constitutes an abuse of authority.
• Niagara Hooker Emps. Union v. Occidental Chem. Corp.
  935 F.2d 1370· 2d Cir.· 1991-06-20 ·cited 2×
  The court held that the district court erred in issuing a preliminary injunction against the employer's random drug testing program because it did not sufficiently frustrate the arbitral process.
• Showa Denko Am., Inc. v. Hopkins
  586 So. 2d 65· Fla. 2d DCA· 1991-06-14 ·cited 2×
  Showa Denko sought a writ of certiorari challenging a circuit court's denial of a blanket protective order for documents in a products liability lawsuit. The appellate court denied the petition, holding that while blanket protection was properly denied, the company could still se
• Ross v. Zavarella
  916 F.2d 898· 3d Cir.· 1990-10-22 ·cited 2×
  The court held that the appeal must be dismissed for want of an appealable order because the plaintiff failed to demonstrate irreparable injury or that the order could only be effectively challenged by immediate appeal.
• Airlines Reporting Corp. v. Incentive Internationale Travel, Inc.
  566 So. 2d 1377· Fla. 5th DCA· 1990-09-20 ·cited 2×
  Airlines Reporting Corporation sought to terminate its agency agreement with Incentive Internationale Travel, Inc. and recover airline tickets and identification plates after a dispute over unpaid sales proceeds. The court held that a principal may terminate an agency relationshi
• Bennett Salamon, M.D. v. Karan Munuswamy, M.D., P.A.
  566 So. 2d 899· Fla. 4th DCA· 1990-09-12 ·cited 2×
  A medical employer sought and obtained a temporary injunction against his former employee to enforce a noncompetition agreement restricting the employee from practicing medicine within seven miles of the employer's office for 24 months. The appellate court affirmed the injunction
• Local Union NO. 733 OF the Int'l Bhd. OF Elec. Workers v. Ingalls Shipbuilding Division
  906 F.2d 149· 5th Cir.· 1990-07-18 ·cited 2×
  The court held that the union failed to demonstrate irreparable harm sufficient to warrant a preliminary injunction against the employer's drug testing program pending arbitration, as traditional arbitral remedies could address potential harm.
• United Mine Workers OF Am. 1950 Benefit Plan & Tr. v. Bituminous Coal Operators' Ass'n, Inc.
  898 F.2d 177· D.C. Cir.· 1990-02-27 ·cited 2×
  The court held that the district court erred in applying the parol evidence rule to exclude contemporaneous memoranda that clarified the BCOA's obligation to increase contribution rates. The court found the BCOA's interpretation of the agreement as granting unbridled discretion u
• In re King World Prods., Inc.
  898 F.2d 56· 6th Cir.· 1990-01-29 ·cited 2×
  The court held that a temporary restraining order enjoining the broadcast of surreptitiously obtained video footage constituted an unconstitutional prior restraint on First Amendment rights, as the plaintiff failed to demonstrate irreparable harm sufficient to overcome the heavy
• The Hibernia Sav. Bank v. Ballarino
  891 F.2d 370· 1st Cir.· 1989-12-11 ·cited 2×
  The court affirmed summary judgment, holding that injunctive relief for disclosure violations requires traditional equitable grounds like irreparable harm, which were not met here after the deficiencies were cured.
• Cinema Blue OF Charlotte v. Gilchrist
  887 F.2d 49· 4th Cir.· 1989-10-05 ·cited 2×
  Federal courts must abstain from interfering with pending state criminal proceedings unless there's a clear showing that the state proceeding won't adequately protect constitutional rights.
• Cotter v. Desert Palace, Inc.
  880 F.2d 1142· 9th Cir.· 1989-07-28 ·cited 2×
  The court held that the denial of a preliminary injunction was not an abuse of discretion because plaintiffs failed to demonstrate a significant possibility of irreparable injury or a fair chance of success on the merits.
• Jeep Corp. v. Sanders
  546 So. 2d 1098· Fla. 5th DCA· 1989-06-22 ·cited 2×
  Jeep Corporation and AMC obtained an Ohio injunction preventing an ex-employee from testifying against them in litigation. When that employee was called as a witness in a Florida product liability case, the Florida trial court enjoined AMC from enforcing the Ohio injunction. The
• Greenwood v. City OF Delray Beach
  543 So. 2d 451· Fla. 4th DCA· 1989-05-24 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a temporary injunction because the appellant failed to demonstrate irreparable harm, lack of an adequate remedy at law, or a clear legal right to relief, particularly given the significant delay in challe
• Queipo v. Prudential Bache Sec., Inc.
  867 F.2d 721· 1st Cir.· 1989-02-09 ·cited 2×
  Orders denying a stay of proceedings and compelling arbitration are not immediately appealable under the collateral-order doctrine because the potential inconvenience of proceeding with litigation or arbitration does not constitute irreparable harm.
• Modern Computer Sys., Inc. v. Modern Banking Sys., Inc.
  858 F.2d 1339· 8th Cir.· 1988-10-14 ·cited 2×
  The court should have applied Nebraska law as per the parties' agreement, and affirmed the district court's denial of injunctive relief.
• Ponchik v. Commissioner OF Internal Revenue
  854 F.2d 1127· 8th Cir.· 1988-08-31 ·cited 2×
  The court held that the taxpayer's claim for injunctive relief against tax collection could proceed under a judicial exception to the anti-injunction act because the IRS's assessment was demonstrably erroneous and the taxpayer would suffer irreparable harm.
• Emmitt Valentine v. Conquest
  850 F.2d 951· 3d Cir.· 1988-06-20 ·cited 2×
  The court affirmed the grant of a preliminary injunction, finding the district court did not abuse its discretion in determining the proposed changes to the prison's legal assistance program would impair inmates' constitutional right of access to the courts.
• Simpson v. Simpson
  524 So. 2d 1124· Fla. 5th DCA· 1988-05-12 ·cited 2×
  The court held that the ex-wife's Count III was insufficient to state a cause of action for injunctive relief and that the trial court erred in granting such relief without proper notice, hearing, or bond.
• Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO v. Nw. Airlines, Inc.
  842 F.2d 206· 8th Cir.· 1988-03-18 ·cited 2×
• Moretrench Am. Corp. v. S.J. Groves & Sons Co.
  839 F.2d 1284· 7th Cir.· 1988-02-24 ·cited 2×
  A stay order in a suit at law, granted to enforce a contractual condition precedent requiring resolution of disputes in another forum, is not immediately appealable under the Enelow-Ettelson doctrine, as it is not based on an equitable claim or defense.
• Citibank, N.A. v. Nyland (CF8) Ltd.
  839 F.2d 93· 2d Cir.· 1988-02-10 ·cited 2×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction appointing a receiver and enjoining New York Land from interfering with the receiver's management and leasing of the property.
• Cordis Corp. v. Medtronic, Inc.
  835 F.2d 859· Fed. Cir.· 1987-12-15 ·cited 2×
  The Federal Circuit affirmed the district court's preliminary injunction, finding that Cordis had a reasonable apprehension of patent infringement suit and that the injunction was necessary to preserve the status quo pending litigation.
• Ballard v. Stanton
  833 F.2d 593· 6th Cir.· 1987-11-05 ·cited 2×
  The court held that a federal court should not enjoin a pending state criminal proceeding unless the defendant demonstrates great and immediate irreparable harm, which was not shown here.
• Int'l Bhd. of Elec. Workers Sys. Council U-4 v. Fla. Power & Light Co.
  678 F. Supp. 257· S.D. Fla.· 1987-09-04 ·cited 2×
  The court held that a preliminary injunction was appropriate to preserve the arbitration process and prevent irreparable harm, outweighing the harm to the employer from a temporary delay in implementing a drug testing program.
• Bancroft Convertible Fund, Inc. v. Zico Inv. Holdings Inc.
  825 F.2d 731· 3d Cir.· 1987-07-29 ·cited 2×
  The court held that there is an implied private cause of action for enforcement of section 12(d)(1)(A) of the Investment Company Act of 1940, and that the district court did not err in finding a likelihood that Zico's tender offer would violate the Act.
• E.I. DuPONT DE Nemours & Co. v. Phillips Petroleum Co.
  835 F.2d 277· Fed. Cir.· 1987-05-07 ·cited 2×
  The court granted Phillips' motion for a stay of the permanent injunction pending appeal.