Irreparable Harm

2,256 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

• Nat'l Auto Lenders, Inc. v. Syslocate, Inc.
  753 F. Supp. 2d 1233· S.D. Fla.· 2010-04-21
  The court held that a preliminary injunction should be granted to prevent Procon from blocking NAL's access to its tracking website for GPS units already purchased by NAL or its dealers, without requiring NAL to accept new terms that limit its claims.
• The Univ. OF Miami v. Anscher
  34 So. 3d 50· Fla. 3d DCA· 2010-03-10
• Rosemarie M. v. Morton
  671 F. Supp. 2d 1311· M.D. Fla.· 2009-11-19 ·via Irreparable Injury
  The court granted the plaintiff's motion for a preliminary injunction, ordering defendants to authorize and schedule necessary medical treatment without delay.
• Prosser v. Proudfoot Consulting Co.
  24 So. 3d 587· Fla. 4th DCA· 2009-10-21 ·via Irreparable Injury
• Concord Steel, Inc.
  Del. Ch.· 2009-09-30
  The court held that the Non-Competition covenant in the Asset Purchase Agreement was breached by Defendants WSP and Neary. The court found the covenant to be unambiguous and applicable to HD plasma cutting work, not just oxyfuel. Consequently, WSP and Neary were found liable for
• Zrii, LLC v. Civil Action No. 4374-VCP Wellness Acquisition Grp., Inc.
  Del. Ch.· 2009-09-21
  The Court of Chancery granted Plaintiff Zrii's motion for a preliminary injunction, finding a reasonable probability of success on the merits, an imminent threat of irreparable injury, and that the balance of equities tipped in Zrii's favor. The court enjoined Defendants from dis
• First Fashion USA, Inc. v. Best Hair Replacement Mfrs., Inc.
  645 F. Supp. 2d 1158· S.D. Fla.· 2009-07-28 ·via Irreparable Injury
  The court held that the transfer of a business includes the transfer of associated trademarks unless expressly stated otherwise, and granted a preliminary injunction against defendants for infringing on the plaintiff's trademarks.
• Mitsubishi Power Sys. Americas, Inc. v. Babcock
  Del. Ch.· 2009-04-24 ·via Irreparable Injury
  The court granted in part and denied in part the plaintiff's motion for a temporary restraining order. The court found that the plaintiff had established a colorable claim for breach of contract and a colorable claim for fraudulent transfers, warranting injunctive relief against
• S.D. Ex Rel. A.J.D. v. St. Johns Cnty. Sch. Dist.
  632 F. Supp. 2d 1085· M.D. Fla.· 2009-04-15 ·via Irreparable Injury
  The court held that the school's practice and scheduled performance of a song with religious lyrics violated the Establishment Clause of the First Amendment, warranting a preliminary injunction.
• In re Est. OF Beulah K. Trollinger. Betty J. Savoretti v. MHC/CSI Fla., Inc.
  9 So. 3d 667· Fla. 2d DCA· 2009-04-08
  Certiorari relief is not available because the petitioner cannot demonstrate irreparable harm from electing remedies at the pleading stage, as any error can be corrected on postjudgment appeal.
• Rotte v. United States
  615 F. Supp. 2d 1347· S.D. Fla.· 2009-02-25 ·via Irreparable Injury
  The court granted summary judgment for the government on claims related to tax liens and unauthorized collection actions for certain tax years, but denied summary judgment on claims regarding the issuance of a notice of deficiency for 2004 taxes.
• HDS Inv. Holding, Inc.
  Del. Ch.· 2008-10-17
  The Court held that the arbitration provision in the agreement was narrow and only applied to disputes regarding the calculation of the Applicable Amount remaining after the Resolution Period. Therefore, disputes concerning employee bonus and retention payments, rights to cash in
• Athlete's Foot Brands, LLC v. Turner Phase IV, LLC
  581 F. Supp. 2d 1250· S.D. Fla.· 2008-10-01 ·via Irreparable Injury
  The court granted in part the motion for a preliminary injunction, ordering defendants to cease trademark use, comply with non-compete provisions, and return confidential materials.
• Gray Gable v. Hogan
  989 So. 2d 736· Fla. 1st DCA· 2008-09-04
  Petitioner sought certiorari review of a circuit court order granting a protective order that prevented petitioner's medical expert from physically examining the respondent and striking the expert as a witness. The appellate court denied the petition, finding that petitioner fail
• Citizens for Police Accountability v. Browning
  581 F. Supp. 2d 1164· M.D. Fla.· 2008-08-22
  The court held that the Florida statute's 100-foot no-solicitation zone is not narrowly drawn as applied to plaintiffs' exit petitioning activities, and thus likely violates the First Amendment.
• E.I. DU Pont de Nemours & Co. v. C.A. No. 3741-VCL Bayer Cropscience L.P.
  Del. Ch.· 2008-07-29
  The court denied DuPont's request for a preliminary injunction, finding that DuPont had not demonstrated a reasonable probability of success on the merits of its claim that it could mix isoxadifen with non-sulfonylurea (non-SU) herbicides under the supply agreement. While DuPont
• Ira
  Del. Ch.· 2008-06-27
  The Court denied the plaintiff's motion for a preliminary injunction on most claims, finding no reasonable probability of success on the merits regarding the sale process and the alleged favoritism of Apax. However, the Court granted the injunction regarding disclosure claims rel
• Richard and Sharon Brower v. MAT Five LLC
  Del. Ch.· 2008-06-26
  The court granted the motion to expedite proceedings leading to a preliminary injunction hearing. The court found that the plaintiffs had articulated a sufficiently colorable claim based on alleged material omissions in the exchange memorandum and demonstrated a sufficient possib
• Nelson Tree Serv., Inc. v. Gray
  978 So. 2d 198· Fla. 1st DCA· 2008-03-13
  Nelson Tree Service appealed the denial of its motion for preliminary injunctive relief against a former employee and competing company based on alleged violations of a noncompete agreement. The court reversed, holding that the trial court erred by failing to properly analyze whe
• Northbridge Apartment Homes v. Orlando Human Relations Bd.
  9th Cir. Ct. App. Div.· 2008-03-04
  In this certiorari review, the court quashed the Orlando Human Relations Board's denial of a protective order sought by Concord, an apartment complex, to prevent disclosure of lease files and applicant information in housing discrimination complaints. The court found that the OHR
• Bernheim v. Broberg
  973 So. 2d 1284· Fla. 4th DCA· 2008-02-20
• Papadopoulos v. Sidi
  547 F. Supp. 2d 1262· S.D. Fla.· 2008-01-03
  The court held that a permanent injunction is not an available remedy under Federal Rule of Civil Procedure 69 to aid in the collection of a money judgment, as it is not contemplated by the rule or applicable state statutes, and equitable relief requires the absence of an adequat
• Nickerson v. Watermark Marina OF Palm City, L.L.C.
  978 So. 2d 187· Fla. 4th DCA· 2008-01-02
  The Florida Fourth District Court of Appeal granted a petition for certiorari, quashing a trial court order that allowed a buyer to substitute pledged stock in a closely held corporation for a previously required $200,000 lis pendens bond. The court held that a pledge of collater
• B&T Med. Ctr. v. Progressive Am. Ins. Co.
  9th Cir. Ct. App. Div.· 2007-12-13
  B&T Medical Center sought review of a trial court order denying its Motion for Protective Order, which would have prevented depositions of its key employees. The appellate court upheld the trial court's decision, finding that the depositions were relevant to the defendant's affir
• Weichert Co. OF Pa. v. C.A. No. 2223-VCL James F. Young, JR.
  Del. Ch.· 2007-12-07
  The court held that restrictive covenants in employment and severance agreements were enforceable. The court found that continued employment served as valid consideration, the covenants were reasonable in scope and duration, protected legitimate business interests, and the equiti
• Whitney Info. Network, Inc. v. Council OF Better Bus. Bureaus, Inc.
  969 So. 2d 1157· Fla. 4th DCA· 2007-11-21
• Lefebvre v. Weiser
  967 So. 2d 405· Fla. 3d DCA· 2007-10-24
  The Florida Third District Court of Appeal affirmed a trial court's grant of a temporary injunction preventing two sibling co-owners from managing a family corporation due to documented mismanagement, financial improprieties, and harm to the company. The court held that the trial
• Beary v. State
  9th Cir. Ct. App. Div.· 2007-10-24 ·via Irreparable Injury
  The Orange County Sheriff sought certiorari relief from a county court order requiring him to produce an Intoxilyzer 8000 machine for inspection in 29 consolidated DUI cases. The Ninth Judicial Circuit granted the petition, finding the county court lacked personal jurisdiction an
• The Grand Condo. Ass'n, Inc. v. Cohn
  970 So. 2d 365· Fla. 3d DCA· 2007-10-10
• Fla. Dep't OF Transp. v. Normandy Piccolo
  964 So. 2d 773· Fla. 2d DCA· 2007-09-07
  The court held that the trial court's order denying DOT's motion to modify a protective order regarding a compulsory medical examination did not depart from the essential requirements of law.
• In & for Kent Cnty. Luciel Howell
  Del. Super. Ct.· 2007-07-10
  The Superior Court reversed and remanded the Justice of the Peace Court's decision awarding possession of the unit to the Respondent. The Court held that the Justice of the Peace Court erred in applying a strict liability standard for criminal activity unrelated to drugs, as the
• In & for New Castle Cnty. Gradient Oc Master, Ltd.
  Del. Ch.· 2007-07-06
  The Court denied plaintiffs' motion for a preliminary injunction, finding they failed to demonstrate a reasonable likelihood of success on the merits of their claims for wrongful coercion, inadequate disclosure, and improper extraction of value by a controlling shareholder. The C
• Sunbelt Rentals, Inc. v. Dirienzo
  487 F. Supp. 2d 1361· S.D. Fla.· 2007-05-09
  The court held that while Florida law permits equitable extension of preliminary injunctions, it does not require it, and such extensions are within the court's discretion.
• Island Silver & Spice, Inc. v. Islamorada
  486 F. Supp. 2d 1347· S.D. Fla.· 2007-04-30 ·via Irreparable Injury
  The court denied the motion for a stay pending appeal because the defendant failed to meet the required legal criteria, particularly the likelihood of success on the merits and the risk of irreparable harm.
• Gay-Straight Alliance of Okeechobee High Sch. v. Sch. Bd.
  483 F. Supp. 2d 1224· S.D. Fla.· 2007-04-06
  The court held that the school board's denial of official recognition and privileges to the Gay-Straight Alliance club violated the Equal Access Act, and granted a preliminary injunction.
• IN & FOR NEW Castle Cnty. IN RE Netsmart Techs.
  Del. Ch.· 2007-03-14
  The court granted the motion for a preliminary injunction, enjoining the merger vote until the company discloses additional information. The court found a reasonable probability of success on two issues: (1) the board likely breached its Revlon duties by failing to undertake reas
• Faculty Senate of Fla. Int'l Univ. v. Winn
  477 F. Supp. 2d 1198· S.D. Fla.· 2007-02-08
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits, irreparable harm, or that the injunction would serve the public interest, thus denying their motion for a preliminary injunction.
• In & for New Castle Cnty. Hough Assocs., Inc.
  Del. Ch.· 2007-01-17
  The court denied the motion to compel arbitration, finding that the non-competition agreement, which did not mention arbitration, was independent of the stock purchase agreement containing the arbitration clause. The court granted the motion for a preliminary injunction, finding
• Revelex Corp. v. World Travel Holdings, Inc.
  511 F. Supp. 2d 1320· S.D. Fla.· 2007-01-16
  The court held that injunctive relief was available for breaches of confidentiality but not for breaches of non-compete or exclusive use provisions, which were subject to arbitration or lacked irreparable harm.
• L.H. v. Dep't OF Child. & Fam. Servs.
  945 So. 2d 537· Fla. 3d DCA· 2006-11-22
  L.H. seeks certiorari review of a trial court's order requiring the Department of Corrections to keep him incarcerated in Miami-Dade County to secure his appearance at a dependency proceeding terminating his parental rights. The appellate court granted the petition, finding the o
• In & for New Castle Cnty. Richard Abrons
  Del. Ch.· 2006-09-20
  The court denied the plaintiffs' motion for a preliminary injunction, finding they failed to demonstrate a reasonable probability of success on the merits regarding alleged disclosure deficiencies in the tender offer materials. The court held that the undisclosed tax rate assumpt
• Lisbeth M. Nielsen Cole v. Cole
  937 So. 2d 261· Fla. 4th DCA· 2006-09-13
  In a matrimonial dissolution case, the Fourth District Court of Appeal granted a petition for writ of certiorari to quash orders denying consolidation of a declaratory judgment action filed by the non-party in-laws and denial of leave to amend the counterclaim to join them as def
• IN & FOR NEW Castle Cnty. Horizon Pers. Commc'ns, Inc.
  Del. Ch.· 2006-08-04
  The Court held that Sprint Nextel's planned use of the Sprint brand and marks to promote iDEN products and services, and to re-brand legacy Nextel stores within the Plaintiffs' Service Areas, would violate the implied duty of good faith and fair dealing. The Court granted a perma
• Am. Trades Inst. OF Fla., Inc. v. Josbel Sanchez
  932 So. 2d 534· Fla. 3d DCA· 2006-06-21
  The court held that a discovery order requiring production of student names and addresses must be limited to prevent their use for solicitation of new plaintiffs.
• Hadi v. Liberty Behavioral Health Corp.
  927 So. 2d 34· Fla. 1st DCA· 2006-03-29 ·via Likelihood Of Irreparable Harm
  Liberty Behavioral Health Corporation challenged the Department of Children and Families' (DCF) Request for Proposals (RFP) specifications for a civil commitment facility for sexually violent predators, arguing that the 1% protest bond requirement was unconstitutional and that it
• Oce N. Am., Inc. v. Caputo
  416 F. Supp. 2d 1321· S.D. Fla.· 2006-02-10
  The court held that the plaintiff failed to establish a substantial likelihood of success on the merits, and therefore denied the motion for a preliminary injunction.
• Townsend v. Townsend
  920 So. 2d 161· Fla. 1st DCA· 2006-02-03
  Margaret Townsend appeals a temporary injunction issued to protect partnership assets (a tobacco allotment) from being paid directly to her by the federal government. The First District Court of Appeal reversed and quashed the injunction, holding that the trial court failed to ma
• Raphael F. Nevins v. Bryan
  Del. Ch.· 2006-01-20
  The Court of Chancery denied the plaintiff's motions for reargument and recusal, and denied the defendants' request for attorneys' fees. The court granted the defendants' request for costs incurred in defending against the plaintiff's post-trial motions and denied the plaintiff's
• In & for New Castle Cnty. Penn Mart Supermarkets, Inc.
  Del. Ch.· 2005-12-15
  The court held that the protective covenant in Thriftway's lease, prohibiting the sale of "food or food products intended for off-premises consumption," was not ambiguous and was limited to edible items. The court found that Thriftway had waived its right to enforce the covenant
• Sierra Club v. United States Army Corps of Eng'rs
  399 F. Supp. 2d 1335· M.D. Fla.· 2005-11-10
  The court held that plaintiffs have shown a substantial likelihood of success on the merits regarding the Clean Water Act claims, finding the Corps likely issued a general permit that fails to comply with statutory requirements for similarity of activities and minimal environment