Irreparable Harm

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

• Carroll Contracting, Inc. v. The Honorable William F. Edwards
  528 So. 2d 951· Fla. 5th DCA· 1988-07-14 ·cited 24×
  Carroll Contracting sought a writ of certiorari to compel the Citrus County Chronicle to produce photographs of an accident scene taken by an off-duty newspaper photographer. The court granted the writ, holding that even if a qualified First Amendment privilege applied to non-con
• Home BOX Off., Inc. v. Showtime/THE Movie Channel Inc.
  832 F.2d 1311· 2d Cir.· 1987-11-03 ·cited 24×
  The court held that while a preliminary injunction was warranted due to likely consumer confusion, the district court erred in exempting promotional materials with disclaimers and in admitting revised materials without adequate notice to the opposing party.
• S. Fla. Limousines, Inc. v. Broward Cnty. Aviation Dep't
  512 So. 2d 1059· Fla. 4th DCA· 1987-09-09 ·cited 24×
  The denial of a temporary injunction is affirmed because the appellant failed to demonstrate irreparable harm or an abuse of discretion by the trial court.
• Sanchez v. Abner Solomon
  508 So. 2d 1264· Fla. 3d DCA· 1987-05-26 ·cited 24×
  The appellate court held that the trial court did not abuse its discretion in denying the motion to dissolve or modify the injunction freezing the disputed bank accounts.
• Lingelbach's Bavarian Rests., Inc. v. del Bello
  467 So. 2d 476· Fla. 2d DCA· 1985-03-06 ·cited 24×
  A preliminary injunction may be granted upon a motion, even without a specific prayer for injunctive relief in the complaint, provided proper notice and an evidentiary hearing are afforded.
• Equal Emp. Opportunity Comm'n v. Chrysler Corp.
  733 F.2d 1183· 6th Cir.· 1984-05-16 ·cited 24×
  The court held that Chrysler's forced early retirement policy, which denied employees over 55 the possibility of recall afforded to younger employees, violated the Age Discrimination in Employment Act (ADEA) because age was a determining factor and the policy was not the least-de
• Alascom, Inc. v. ITT N. Elec. Co.
  727 F.2d 1419· 9th Cir.· 1984-03-09 ·cited 24×
  The court held that the district court correctly determined that none of the appellant's claims were arbitrable under the contract's arbitration provision, and therefore did not abuse its discretion in staying arbitration and refusing to stay its own proceedings.
• Forrest Bugher v. Feightner
  722 F.2d 1356· 7th Cir.· 1983-12-19 ·cited 24×
  A suit by trustees against an employer for contractual obligations under ERISA § 502(a)(3) is a legal action, not equitable, and thus carries a right to a jury trial.
• Stacey G. v. Pasadena Indep. Sch. Dist.
  695 F.2d 949· 5th Cir.· 1983-01-20 ·cited 24×
  Federal courts should exercise caution when using equitable powers to enlarge congressionally created programs, ensuring actions align with congressional intent.
• Local 553, Transp. Workers Union OF Am., AFL-CIO v. E. AIR Lines, Inc.
  695 F.2d 668· 2d Cir.· 1982-12-17 ·cited 24×
  The court held that the district court acted within its discretion in granting preliminary injunctive relief, but modified the form of the injunction. It found that section 7 of the Norris-LaGuardia Act did not bar relief in a major dispute under the RLA, but section 8 did not co
• Dep't OF Bus. Reg. v. Provende, Inc.
  399 So. 2d 1038· Fla. 3d DCA· 1981-06-09 ·cited 24×
  The circuit court improperly exercised its jurisdiction to issue a temporary injunction because the petitioner had an adequate remedy at law and failed to establish a likelihood of success on the merits of its due process claim.
• Randall v. Wyrick
  642 F.2d 304· 8th Cir.· 1981-02-26 ·cited 24×
  The denial of a preliminary injunction for alleged inadequate medical treatment is affirmed because the inmate failed to demonstrate deliberate indifference to serious medical needs or probable success on the merits.
• Pieper v. United States
  604 F.2d 1131· 8th Cir.· 1979-08-30 ·cited 24×
  The court held that the district court did not abuse its discretion in refusing to invoke equitable jurisdiction to quash a search warrant and suppress evidence because the appellant had an adequate remedy at law and would not suffer irreparable harm.
• Burns v. Elrod
  509 F.2d 1133· 7th Cir.· 1975-01-30 ·cited 24×
  Dismissal of public employees for political affiliation states a claim under the First and Fourteenth Amendments, and injunctive relief may be appropriate.
• Price v. Gordon
  129 Fla. 715· Fla.· 1937-10-28 ·cited 24×
  The Florida Supreme Court affirmed an equity court's issuance of a mandatory injunction requiring return of personal property (clothing and medicines) that the Prices wrongfully refused to return to the Gordons, guests of a lessee, finding that equity jurisdiction was proper beca
• Vanguard Fire & Cas. Co. v. Golmon
  955 So. 2d 591· Fla. 1st DCA· 2006-11-15 ·cited 23×
  Vanguard Fire and Casualty Company sought certiorari review of a trial court's denial of its motion to dismiss statutory bad faith and unfair claims practice counts in an insurance coverage dispute. The court held that statutory bad faith claims cannot proceed until the underlyin
• Variable Annuity Life Ins. Co. v. Hausinger
  927 So. 2d 243· Fla. 2d DCA· 2006-05-05 ·cited 23×
  VALIC appeals the denial of a preliminary injunction against a former employee who violated a nonsolicitation agreement by soliciting customers and taking confidential information to a competitor. The court reversed, holding that Florida's statutory presumption of irreparable har
• NET First Nat'l Bank v. First Telebanc Corp.
  834 So. 2d 944· Fla. 4th DCA· 2003-01-22 ·cited 23×
  Net First National Bank executives and shareholders appeal a temporary injunction that prevented them from acting as directors of the Bank and its holding company. The Fourth District Court of Appeal reversed, holding that the lower court abused its discretion by granting the inj
• Landano v. Rafferty
  897 F.2d 661· 3d Cir.· 1990-02-27 ·cited 23×
  The dissenting judge would hold that the petitioner had exhausted his state remedies, arguing that the new evidence did not fundamentally alter the legal claim already considered by the state courts.
• Mirtha Lopez-Ortiz v. Centrust Sav. Bank
  546 So. 2d 1126· Fla. 3d DCA· 1989-07-18 ·cited 23×
  The court held that a temporary injunction was improperly granted because the plaintiff had an adequate remedy at law and the complaint did not state grounds for equitable relief.
• In re Bushkin Assocs., Inc.
  864 F.2d 241· 1st Cir.· 1989-01-04 ·cited 23×
  The court held that mandamus is not an appropriate remedy to challenge a district court's order disqualifying counsel, as such orders are reviewable on appeal after final judgment and the petitioners failed to demonstrate irreparable harm or a clear entitlement to relief.
• In re Johns-Manville Corp. v. The Equity Sec. Holders Comm.
  801 F.2d 60· 2d Cir.· 1986-09-10 ·cited 23×
  The dissent argues the court should affirm the lower court's decision, finding that the Equity Committee's request for a shareholder meeting constitutes an abuse of process and would unduly delay a complex reorganization.
• Atlas Powder Co. v. Ireco Chems.
  773 F.2d 1230· Fed. Cir.· 1985-09-23 ·cited 23×
  A preliminary injunction preserves the status quo by preventing future trespasses, and the patentee's right to exclude others justifies injunctive relief even if monetary damages are possible.
• Rowe v. Rodriguez-Schmidt
  89 So. 3d 1101· Fla. 2d DCA· 2012-06-13 ·cited 22×
  The trial court departed from the essential requirements of law by compelling production of a nonparty's financial information without an evidentiary hearing on relevance.
• Suntrust Banks, Inc. v. Cauthon & McGUIGAN, PLC
  78 So. 3d 709· Fla. 1st DCA· 2012-02-02 ·cited 22×
  SunTrust Banks appeals a trial court's order granting a temporary injunction requiring it to return seized funds from a law firm's client trust account after a fraudulent check was deposited. The appellate court reversed, holding that the law firm failed to establish the necessar
• State v. Lynch
  53 So. 3d 1154· Fla. 1st DCA· 2011-02-07 ·cited 22×
  The Department of Revenue sought certiorari to quash a circuit court order compelling genetic paternity testing of Elizabeth Carnley and her child at the request of Kenneth Lynch in a child support enforcement proceeding. The court held that Lynch failed to show good cause for th
• Reese v. JPMorgan Chase & Co.
  686 F. Supp. 2d 1291· S.D. Fla.· 2009-10-15 ·cited 22×
  The court granted motions to dismiss, finding that the plaintiff failed to state claims for rescission under TILA, fraud in the inducement, and under the Florida Fair Lending Act due to insufficient pleading and statutory limitations.
• Congressman Robert Wexler v. Lepore
  878 So. 2d 1276· Fla. 4th DCA· 2004-08-06 ·cited 22×
  Congressman Robert Wexler appealed the dismissal of his complaint seeking declaratory and injunctive relief regarding Palm Beach County's use of touchscreen voting systems that allegedly failed to comply with Florida's statutory manual recount requirements. The Fourth District Co
• Jenney v. Airdata Wiman, Inc.
  846 So. 2d 664· Fla. 2d DCA· 2003-06-04 ·cited 22×
  In this certiorari review of a discovery order, the Florida Second District Court of Appeal addressed whether an employer could compel disclosure of communications between an employee and his attorney regarding the negotiation of a retirement agreement. The court held that while
• Criswell v. Best W. Int'l, Inc.
  636 So. 2d 562· Fla. 3d DCA· 1994-05-10 ·cited 22×
  Plaintiff Criswell sought to compel discovery of information regarding accidents on a stairwell at a Best Western hotel subsequent to his own fall, to establish notice of a dangerous condition in his negligence action. The trial court denied his motion to compel, but the appellat
• Myrtice Jane Hayes v. Hayes
  578 So. 2d 54· Fla. 2d DCA· 1991-04-19 ·cited 22×
  A mother appealed an ex parte temporary injunction prohibiting her from removing her child from Polk County to relocate to Maryland for employment. The court reversed, holding that the father's verified petition failed to comply with Florida Rule of Civil Procedure 1.610 by not a
• Floyd v. United States
  860 F.2d 999· 10th Cir.· 1988-11-07 ·cited 22×
  A trial court's exercise of jurisdiction over a Rule 41(e) motion for return of property must be governed by equitable principles, requiring a showing of irreparable harm and an inadequate remedy at law.
• Caribbean Marine Servs. Co., Inc. v. Baldrige
  844 F.2d 668· 9th Cir.· 1988-04-14 ·cited 22×
  The court held that the district court abused its discretion by granting preliminary injunctions without properly considering irreparable harm to the government and the public interest, and without sufficient findings of irreparable harm to the owners and crew.
• Fed. Sav. & Loan Ins. Corp. v. Dixon
  835 F.2d 554· 5th Cir.· 1987-12-28 ·cited 22×
  A preliminary injunction freezing assets is permissible to secure equitable remedies like restitution, especially when the public interest is involved and the assets are alleged ill-gotten gains.
• In re Barrier v. Barrier
  776 F.2d 1298· 5th Cir.· 1985-11-22 ·cited 22×
  The court held that mandamus is the appropriate remedy to compel a district court to grant a stay of a bankruptcy court's confirmation order pending appeal, due to the lack of other appellate remedies and potential for irreparable harm.
• Reuben Palmer v. City OF Chicago
  755 F.2d 560· 7th Cir.· 1985-02-15 ·cited 22×
  The court held that the plaintiffs have standing to seek preliminary injunctive relief to preserve evidence, and that principles of comity and the Younger doctrine do not bar such relief.
• Ciechon v. City OF Chicago
  634 F.2d 1055· 7th Cir.· 1980-11-20 ·cited 22×
  The court held that the Due Process Clause does not require a full hearing prior to the suspension of public employees for violation of a residency ordinance, as long as a prompt post-suspension hearing is assured.
• Seaboard World Airlines, Inc. v. Tiger Int'l, Inc.
  600 F.2d 355· 2d Cir.· 1979-05-18 ·cited 22×
  The dissenting judge holds that the majority erred in finding no violation of Section 14(e) of the Williams Act, asserting that Tiger's tender offer was materially misleading by downplaying the liquidation value of Seaboard's stock.
• Emilien Levesque v. State OF Me.
  587 F.2d 78· 1st Cir.· 1978-11-22 ·cited 22×
  The denial of a temporary restraining order is appealable when it effectively denies a preliminary injunction and forecloses further interlocutory relief.
• First Wis. Mortg. Tr. v. First Wis. Corp.
  571 F.2d 390· 7th Cir.· 1978-02-24 ·cited 22×
  The court held that the work product generated by disqualified counsel, which did not contain confidential information and was of a type that successor counsel could reproduce, should not be deemed unusable due to a per se rule. The court found that applying such a rule was arbit
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Consol. Edison Co. OF NEW York, Inc. v. Fed. Power Comm'n
  511 F.2d 372· D.C. Cir.· 1974-11-26 ·cited 22×
  The court modified its prior stay orders to implement a September 30, 1974, settlement agreement for natural gas allocation, finding that continuing the existing stay or implementing the FPC's 467 plan would cause irreparable harm.
• 414 Theater Corp. v. Murphy
  499 F.2d 1155· 2d Cir.· 1974-05-17 ·cited 22×
• Seagram-Distillers Corp. v. NEW CUT Rate Liquors, Inc.
  221 F.2d 815· 7th Cir.· 1955-04-04 ·cited 22×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to preserve the status quo, and the form of the injunction order complied with procedural rules.
• Huber Baking Co. v. Stroehmann Bros. Co.
  208 F.2d 464· 2d Cir.· 1953-12-07 ·cited 22×
  The court held that the denial of a preliminary injunction was not an abuse of discretion due to significant uncertainties regarding the parties' rights and the lack of demonstrated irreparable harm.
• Anderson v. Vander Meiden
  56 So. 3d 830· Fla. 2d DCA· 2011-01-28 ·cited 21×
  The appellate court held that the trial court erred in denying discovery of settlement documents, as this denial effectively eviscerated the petitioner's affirmative defense of setoff, causing irreparable harm.
• Montanez v. State
  24 So. 3d 799· Fla. 2d DCA· 2010-01-06 ·cited 21×
  Montanez, a tow truck company owner, shot and killed Glen Rich during a confrontation over a towed vehicle. Montanez sought immunity under Florida's 'Stand Your Ground' law, claiming self-defense, but the trial court denied his motion for immunity and motion to dismiss. The appel
• Olges v. Dougherty
  856 So. 2d 6· Fla. 1st DCA· 2003-08-29 ·cited 21×
  Plaintiff Olges sought damages for automobile accident injuries but withdrew claims for mental anguish and emotional distress. The trial court ordered him to submit to a psychological examination by a life care planner, but the appellate court quashed the order, holding that once
• Williams v. Spears
  719 So. 2d 1236· Fla. 1st DCA· 1998-10-07 ·cited 21×
  The First District Court of Appeal held that Florida's grandparent visitation statute, section 752.01(1)(b), is unconstitutional as applied to divorced parents who share parental responsibility and agree that a grandparent should not have visitation. The court found that such app
• Stock v. Dep't OF Banking & Fin.
  584 So. 2d 112· Fla. 5th DCA· 1991-08-01 ·cited 21×
  Barbara Stock challenges an emergency cease and desist order and suspension of her securities registration issued by the Department of Banking and Finance based on alleged misappropriation of customer assets totaling approximately $65,000. The court affirms the emergency order, h