Irreparable Harm

2,255 Florida cases classified under this topic, plus 1,513 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 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.
• Chisom v. Buddy Roemer
  850 F.2d 1051· 5th Cir.· 1988-07-26 ·cited 2×·via Irreparable Injury
  The panel majority erred in partially lifting the district court's stay, allowing the candidate qualification period to proceed despite evidence of minority vote dilution.
• 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.
• Ebsco Indus., Inc. v. Lilly
  840 F.2d 333· 6th Cir.· 1988-02-23 ·cited 2×·via Irreparable Injury
  A preliminary injunction may be granted to preserve assets if the legal remedy of attachment under Rule 64 is demonstrably inadequate, even if attachment is generally available.
• 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.
• Lakeside Manor Condo. Ass'n, Inc. v. Peggy-Gail Forehand
  513 So. 2d 1104· Fla. 5th DCA· 1987-10-15 ·cited 2×·via Irreparable Injury
  The court held that a condominium association's right of first refusal on unit leases is a restraint on alienation, not a restrictive covenant, and thus cannot be enforced by injunction without a showing of irreparable injury.
• D.B. Espenship III v. Carter
  514 So. 2d 1108· Fla. 1st DCA· 1987-10-15 ·cited 2×·via Irreparable Injury
  This case involves a dispute over exclusive hunting rights on a parcel of land. The appellate court reversed a lower court's decision that granted exclusive hunting rights to one party, finding that those rights had passed to a land trust. However, the court affirmed the denial o
• Maine Public Advocate v. Fed. Commc'ns Comm'n & United States
  828 F.2d 68· 1st Cir.· 1987-09-14 ·cited 2×·via Irreparable Injury
  Orders declining to suspend or investigate tariff revisions are not immediately reviewable unless irreparable injury is demonstrated.
• 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.
• United States v. Lehder-Rivas
  667 F. Supp. 827· M.D. Fla.· 1987-08-21 ·cited 2×·via Irreparable Injury
  The court held that enjoining the defendant from surveying potential jurors would be an unconstitutional prior restraint on his First Amendment rights absent a more convincing factual basis showing an imminent threat to the administration of justice.
• 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.
• Barr v. United States Dep't OF Just.
  819 F.2d 25· 2d Cir.· 1987-05-11 ·cited 2×·via Irreparable Injury
  The court held that the appellant failed to make a substantial showing that his rights were violated by the asset freeze, and thus the district court did not abuse its discretion in denying the preliminary injunction.
• 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.
• Ne. Women's Ctr., Inc. v. McMONAGLE
  813 F.2d 53· 3d Cir.· 1987-03-11 ·cited 2×
  The court held that the district court erred by failing to make specific factual findings required by F.R.Civ.P. 52(a) when denying a preliminary injunction.
• Hastings-Murtagh v. Tex. Air Corp.
  649 F. Supp. 479· S.D. Fla.· 1986-11-24 ·cited 2×·via Irreparable Injury
  The court denied the motion for a preliminary injunction because the plaintiffs failed to demonstrate a substantial likelihood of success on the merits or that the threatened injury to plaintiffs outweighed the harm to the defendant.
• Anthony v. Texaco, Inc.
  803 F.2d 593· 10th Cir.· 1986-10-15 ·cited 2×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction to freeze funds under ERISA, as it was a valid exercise of equitable jurisdiction and not subject to strict prejudgment attachment standards.
• Agee Agric. Equip. Sales v. Trail King Indus.
  800 F.2d 789· 8th Cir.· 1986-09-12 ·cited 2×
  The court remanded the case because the district court's findings were inadequate to review all issues, particularly those concerning franchise law and other claims beyond breach of contract notice provisions.
• The Deltona Corp. v. Adamczyk
  492 So. 2d 463· Fla. 5th DCA· 1986-08-07 ·cited 2×
  A Florida appellate court upheld a riparian owner's award of money damages for water-related harm caused by a land developer's drainage and pumping activities on a shared lake, and reversed the denial of injunctive relief by imposing a permanent injunction prohibiting the develop
• Bell Labs., Inc. v. Colonial Prods., Inc.
  644 F. Supp. 542· S.D. Fla.· 1986-07-03 ·cited 2×
  The court held that the plaintiff failed to demonstrate a likelihood of success on the merits for its trademark infringement and anti-dilution claims, thus denying the motion for a preliminary injunction.
• Tribal Vill. OF Akutan v. Hodel
  792 F.2d 1376· 9th Cir.· 1986-04-28 ·cited 2×·via Irreparable Injury
  The court held that the Secretary of the Interior must comply with the notice and hearing procedures of ANILCA section 810(a) when he finds that significant restrictions on subsistence uses are "unlikely," not just when he finds they "would" occur.
• Palenzuela v. Dade Cnty.
  486 So. 2d 12· Fla. 3d DCA· 1986-03-11 ·cited 2×
  Palenzuela and Vento sought an injunction to prevent Dade County from enforcing an ordinance requiring licensed sheet metal journeymen to supervise fiberglass duct workers on residential construction projects. The court affirmed the denial of the injunction, holding that the ordi
• Design PAK, Inc. v. Secretary OF the Treasury
  801 F.2d 525· 1st Cir.· 1985-12-12 ·cited 2×·via Irreparable Injury
  The court held that Design Pak failed to demonstrate entitlement to an injunction pending appeal, denying its request.
• The Steamboaters v. Fed. Energy Regulatory
  777 F.2d 1384· 9th Cir.· 1985-12-05 ·cited 2×
  The court denied the petition for rehearing and all motions for injunctive relief, finding no basis to modify the prior decision or permit continued operation of the hydropower project.
• Tuccicaselli v. Benton and Harriett Greene
  474 So. 2d 1288· Fla. 4th DCA· 1985-09-11 ·cited 2×·via Irreparable Injury
  The court denied the petition for writ of certiorari, finding that while the discovery order was reviewable, the merits did not warrant relief.
• Olivieri v. Ward
  766 F.2d 690· 2d Cir.· 1985-06-28 ·cited 2×
  The court held that the Police Department's plan to restrict demonstrations on the sidewalk in front of St. Patrick's Cathedral during the Gay Pride March was a reasonable time, place, and manner restriction justified by public safety concerns.
• DOE v. Donovan
  747 F.2d 42· 1st Cir.· 1984-10-30 ·cited 2×
  The court held that the appellant failed to demonstrate irreparable harm sufficient to warrant federal intervention in pending state criminal proceedings, despite a colorable double jeopardy claim.
• Cogan v. Saleeby
  454 So. 2d 786· Fla. 4th DCA· 1984-08-29 ·cited 2×
  The court held that certiorari is not appropriate because the petitioners failed to demonstrate irreparable harm that cannot be remedied by a plenary appeal.
• Sisson v. United States
  736 F.2d 1275· 9th Cir.· 1984-04-06 ·cited 2×
  The court held that the district court did not err in dismissing the complaint for failure to exhaust administrative remedies within the military justice system.
• Equity Grp. Holdings v. DMG, Inc.
  576 F. Supp. 1197· S.D. Fla.· 1983-12-15 ·cited 2×·via Irreparable Injury
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a de facto merger claim, and therefore denied the motion for a preliminary injunction.
• City OF Alexandria v. Helms
  719 F.2d 699· 4th Cir.· 1983-10-13 ·cited 2×·via Irreparable Injury
  The court granted a stay of the injunction pending appeal, finding it unlikely the plaintiffs would prevail on the merits.
• Louis v. Nelson
  570 F. Supp. 1364· S.D. Fla.· 1983-09-15 ·cited 2×
  The court held that plaintiffs failed to establish irreparable harm to justify enjoining exclusion proceedings and deportation, but granted a motion for 72 hours notice prior to deportation.
• DOW Corning Corp. v. Allibert Garner
  435 So. 2d 987· Fla. 4th DCA· 1983-08-10 ·cited 2×
  The court held that the trial court's order eliminating discovery safeguards departed from the essential requirements of law, warranting certiorari.
• Cash v. The Surf Club
  436 So. 2d 970· Fla. 3d DCA· 1983-07-26 ·cited 2×·via Irreparable Injury
  In this consolidated appeal, the Third District Court of Appeal reversed the trial court's denial of preliminary and temporary injunctions sought by property owners to prevent the Surf Club from disposing of their proprietary interests, while affirming the stay of the action pend
• Fla. Nat'l Bank AT Orlando v. Gen. Elec. Credit Corp.
  429 So. 2d 1247· Fla. 5th DCA· 1983-03-30 ·cited 2×·via Irreparable Injury
  Florida National Bank appeals from a temporary injunction freezing a savings account. The court reverses, holding that injunctive relief is inappropriate regarding bank accounts because funds are fungible and damages provide an adequate remedy at law.
• Charla Duke v. Emory Langdon
  701 F.2d 768· 9th Cir.· 1983-01-04 ·cited 2×·via Irreparable Injury
  A probationary federal employee cannot assert a due process claim based on termination for unsatisfactory performance, nor can they establish an implied contract claim based solely on internal agency manual procedures.
• Kent Ins. Co. v. Hobbs
  421 So. 2d 658· Fla. 1st DCA· 1982-10-29 ·cited 2×
  Kent Insurance Company sought a writ of certiorari to review a deputy commissioner's non-final order determining he had jurisdiction to decide an insurance coverage dispute and that coverage existed under a workers' compensation policy despite alleged breach of a cooperation clau
• Tenneco, Inc. v. Fed. Energy Regulatory Comm'n
  688 F.2d 1018· 5th Cir.· 1982-10-14 ·cited 2×
  A party is not aggrieved by an agency's procedural order to suspend adjudication for further investigation if the order does not definitively fix rights or cause irreparable harm.
• Mel Summerlin v. Lamar Advertising OF Pensacola, Inc.
  419 So. 2d 781· Fla. 1st DCA· 1982-09-23 ·cited 2×
  Summerlin appeals a preliminary injunction enforcing a non-compete covenant in his employment contract with Lamar Advertising. The court affirms the injunction, holding that Lamar adequately demonstrated irreparable harm and that an injunction is an appropriate remedy for breach
• Am. Inst. OF Chem. Eng'rs v. Reber-Friel Co.
  682 F.2d 382· 2d Cir.· 1982-06-28 ·cited 2×·via Irreparable Injury
  The court concurred with the majority opinion regarding the interpretation of New York law in a diversity case.
• United States v. Blackburn
  538 F. Supp. 1385· M.D. Fla.· 1982-05-14 ·cited 2×·via Irreparable Injury
  A taxpayer is not entitled as a matter of right to a stay pending appeal of an order enforcing a civil Internal Revenue Service summons; the court must apply discretionary standards.
• Moore v. Curtis 1000, Inc.
  640 F.2d 920· 8th Cir.· 1981-02-25 ·cited 2×
  The court held that the district court abused its discretion in granting a preliminary injunction because the restrictive covenant was likely unenforceable under Georgia law due to an overly broad subparagraph and Georgia's rejection of the 'blue-pencil theory'.
• Mrs. Donna Darr and Captain Charles E. Darr v. Carter
  640 F.2d 163· 8th Cir.· 1981-02-09 ·cited 2×·via Irreparable Injury
  The court held that a party must exhaust administrative remedies before seeking judicial intervention, as premature interference with the administrative process is improper.
• Goadby v. Philadelphia Elec. Co.
  639 F.2d 117· 3d Cir.· 1981-01-09 ·cited 2×
  The court held that a preliminary injunction should not have been granted because the plaintiff had an adequate remedy at law through monetary damages in the state court system.