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

• Twin City Fire Ins. Co. v. Rudolph
  733 So. 2d 1160· Fla. 5th DCA· 1999-06-25 ·via Irreparable Injury
• Mogul v. Reba Mogul
  730 So. 2d 1287· Fla. 5th DCA· 1999-05-14
  Alan Mogul, an incompetent person represented by his guardian father Max Mogul, challenges a trial court order allowing his wife Reba to depose Max and Ruth Mogul concerning their personal finances in a consolidated dissolution and modification case. The appellate court grants th
• Martin v. John DOE/Jane Roe Judges
  731 So. 2d 806· Fla. 4th DCA· 1999-04-21 ·via Irreparable Injury
  The court held that a petition for certiorari must be dismissed when the petitioner fails to demonstrate irreparable injury, which is not present when a non-final order remands an issue for redetermination.
• Waterman Broad. Corp. v. Fort Myers Broad. Co.
  56 F. Supp. 2d 1358· M.D. Fla.· 1999-04-01 ·via Irreparable Injury
  The court denied the plaintiff's motion for a preliminary injunction because the plaintiff failed to demonstrate a substantial likelihood of success on the merits.
• Cnty. OF Brevard v. Miorrelli Eng'g, Inc.
  721 So. 2d 1223· Fla. 5th DCA· 1998-12-18
  The court granted in part a petition for certiorari requiring the lower court to enter an order granting partial summary judgment consistent with the Florida Supreme Court's prior decision, but denied the petition's challenge to the lower court's discretionary allowance of amendm
• Britt v. United States
  985 F. Supp. 1463· M.D. Fla.· 1998-01-05 ·via Irreparable Injury
  The court held that the Air Force has discretion to require active duty service over reimbursement for advanced education assistance, and the motion for a temporary restraining order was procedurally defective.
• Park Imaging, Inc. v. Steadfast Ins. Co.
  700 So. 2d 185· Fla. 4th DCA· 1997-10-15 ·via Irreparable Injury
  Park Imaging appealed orders denying its motion for partial summary judgment and entering a partial summary final judgment against it on the issue of whether insurance defense costs reduce coverage limits. The appellate court clarified its dismissal of the appeal, holding the ord
• Nelson v. Singletary
  700 So. 2d 768· Fla. 2d DCA· 1997-10-15
• Home Depot U.S.A., Inc. v. Bencsik
  697 So. 2d 232· Fla. 5th DCA· 1997-08-01
• Tamar 7600, Inc. v. Orange Cnty.
  686 So. 2d 790· Fla. 5th DCA· 1997-01-24
  Tamar hotels challenged Orange County's one-percent tourist tax enacted to fund a professional baseball stadium under a contingent agreement with private baseball owners. The trial court dismissed the entire complaint, but the appellate court reversed, holding that taxpayers have
• Fla. Coll. of Bus. v. Accrediting Council for Indep. Colleges & Schs.
  954 F. Supp. 256· S.D. Fla.· 1996-12-23
  The court granted a preliminary injunction, remanding the case to the accrediting agency for further findings because the agency's decision to withdraw accreditation was not supported by substantial evidence.
• Riano v. Heritage Corp. OF S. Fla.
  665 So. 2d 1142· Fla. 3d DCA· 1996-01-10
  A Florida appellate court declined to issue a writ of certiorari to review a trial court's order precluding testimony about insurance coverage in a malicious prosecution action. The court held that certiorari is an extraordinary remedy reserved for situations causing irreparable
• Micci v. Bank of New Haven (In Re Micci)
  188 B.R. 697· S.D. Fla.· 1995-11-07 ·via Irreparable Injury
  The court affirmed the bankruptcy court's order transferring venue, finding the debtor failed to establish grounds for a stay pending appeal and that the transfer was proper.
• Fortune Ins. Co. v. Matos
  685 So. 2d 1307· Fla. 2d DCA· 1995-10-25
• Republican Party OF Florida v. The Fla. Elections Comm'n
  658 So. 2d 653· Fla. 1st DCA· 1995-08-01
  The Republican Party of Florida challenged an injunction that prohibited broadcast of political advertisements attacking Democratic candidates for state cabinet offices, claiming the ads violated campaign finance contribution limits. The court reversed, holding that enjoining pol
• State v. Thorup
  659 So. 2d 1116· Fla. 2d DCA· 1995-07-17
  The Florida Supreme Court held that a criminal defendant cannot waive the right to a jury trial without the consent of the state, rejecting the defendant's argument that the Florida Constitution's "upon demand" language grants him unilateral authority to choose between jury and b
• DOE v. Young
  656 So. 2d 569· Fla. 5th DCA· 1995-06-16
  Jan and Joe Doe sought certiorari review of a trial court order dismissing their civil action against a hospital and its employee for negligence, sexual battery, and negligent hiring without requiring compliance with medical malpractice presuit notice requirements. The Fifth Dist
• Barker v. Jackson Nat'l Life Ins.
  141 F.R.D. 11· N.D. Fla.· 1995-06-15
  The court denied the plaintiff's motion to substitute the Estate of Stacey Lynn Barker as the real party in interest.
• Richard v. Behavioral Healthcare Options, Inc.
  647 So. 2d 976· Fla. 2d DCA· 1994-12-14 ·via Likelihood Of Irreparable Harm
  The court affirmed the granting of a temporary injunction but reversed the bond amount and remanded for further proceedings to determine the bond and enter a proper order with factual findings.
• State v. DEL REY
  643 So. 2d 1146· Fla. 3d DCA· 1994-10-05 ·via Irreparable Injury
  Florida sought review of a juvenile court order waiving jurisdiction over Del Rey and certifying him for adult prosecution, but challenging limitations that reduced charges and restricted what offenses could be filed. The appellate court dismissed both the appeal and certiorari p
• The Travelers Ins. Co. v. Conley
  637 So. 2d 373· Fla. 5th DCA· 1994-06-03 ·via Irreparable Injury
  A court of equity may enjoin threatened criminal acts if grounds for an injunction otherwise exist, such as irreparable injury and inadequate legal remedy.
• Devereaux v. Colvin
  844 F. Supp. 1508· M.D. Fla.· 1994-02-16 ·via Irreparable Injury
  The court vacated the preliminary injunction because the plaintiff failed to establish a likelihood of prevailing on the merits and irreparable injury, and granted sanctions against the plaintiff and counsel for frivolous litigation.
• Cabral v. Olsten Corp.
  843 F. Supp. 701· M.D. Fla.· 1994-02-04
  The court held that the termination of medical benefits constitutes irreparable harm, and granted a preliminary injunction allowing the plaintiff to elect COBRA coverage.
• ZUR v. Yarone Degani
  629 So. 2d 244· Fla. 3d DCA· 1993-12-14
  Rafael Zur appeals the trial court's denial of his motion to dissolve a temporary injunction preventing the sale of a rare World War II fighter aircraft (F-4U Corsair). The appellate court affirmed the injunction, finding that the original owner Wirth satisfied all three requirem
• Hernandez v. Dugger
  839 F. Supp. 849· M.D. Fla.· 1993-12-08 ·via Irreparable Injury
  The court granted the state's motion for a stay pending appeal, allowing the petitioner to remain incarcerated, despite the grant of a writ of habeas corpus.
• Bridgette Samuels v. Franz
  632 So. 2d 73· Fla. 2d DCA· 1993-09-24
  Attorney Guerra petitioned for a writ of certiorari challenging a judge's order requiring him to pay for and file a complete trial transcript as a condition of granting his legally sufficient motion for judicial disqualification. The court denied the petition, finding no departur
• In re Lyons v. Lyons
  995 F.2d 923· 9th Cir.· 1993-06-14
  The bankruptcy trustee must initiate an adversary proceeding to obtain authority to sell real property free of non-debtor co-owners' interests.
• Kinney v. Int'l Union OF Operating Eng'rs, Local 150, AFL-CIO
  994 F.2d 1271· 7th Cir.· 1993-06-01
  The court held that the district court correctly applied the traditional equity standard for issuing an injunction under Section 10(l) of the National Labor Relations Act, finding reasonable cause to believe the Union engaged in an illegal secondary boycott.
• Fed. Deposit Ins. Corp. for Empire Sav. & Loan Ass'n v. D.L. Faulkner
  991 F.2d 262· 5th Cir.· 1993-05-25 ·via Irreparable Injury
  The court held that the asset-freeze provisions of the Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 (TRA) can be applied to pending lawsuits to secure potential damage awards, and that freezing all of the defendants' assets was permissible due
• Paramount Health & Fitness, Inc. v. R.W. Tansill Constr. Co.
  621 So. 2d 473· Fla. 4th DCA· 1993-05-19
  A dissolved corporation seeks certiorari review of a discovery order requiring production of financial information. The court denies the petition, holding that financial disclosure alone is no longer irreparable harm warranting certiorari review absent statutory protection or pri
• CPC Int'l, Inc. v. Blandito Food Distrib. Corp.
  835 F. Supp. 636· S.D. Fla.· 1993-04-28 ·via Irreparable Injury
  The court held that CPC failed to demonstrate a substantial likelihood of success on the merits or a substantial threat of irreparable injury, thus denying its motion for a preliminary injunction.
• Miller v. Cal. Pac. Med. Ctr.
  991 F.2d 536· 9th Cir.· 1993-04-13
  The Ninth Circuit held that the district court erred by applying an incorrect legal standard for issuing a preliminary injunction under Section 10(j) of the National Labor Relations Act, failing to properly consider traditional equitable factors.
• Daniel v. City of Tampa
  818 F. Supp. 1491· M.D. Fla.· 1993-04-08 ·via Irreparable Injury
  The court granted a preliminary injunction, enjoining the defendants from arresting the plaintiff under the trespass-after-warning statute while he engages in door-to-door political expression during specific hours on public housing property.
• Coastal Fuels OF Puerto RICO, Inc. v. Caribbean Petroleum Corp.
  990 F.2d 25· 1st Cir.· 1993-04-06
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to demonstrate a likelihood of success on the merits or irreparable harm.
• Walker v. Palm Beach Commerce Ctr. Associated, Ltd.
  614 So. 2d 1097· Fla.· 1993-03-11
  Section 194.211, Florida Statutes, applies to the conversion of tax certificates to tax deeds, not to the sale of tax certificates themselves. Traditional requirements for an injunction must be met.
• Metro Publ'g, Ltd. v. SAN Jose Mercury News
  987 F.2d 637· 9th Cir.· 1993-03-08
  The court held that the title of a newspaper column can acquire trademark status and be protected under the Lanham Act.
• Nw. Pipeline Corp. v. Fed. Energy Regulatory Comm'n
  986 F.2d 1330· 10th Cir.· 1993-02-23
  The court held that the issues raised by Northwest Pipeline Corporation were not yet ripe for judicial review because the final throughput volume for calculating surcharges was still subject to an ongoing administrative hearing.
• JAK Prods. v. Wiza
  986 F.2d 1080· 7th Cir.· 1993-02-16
  The court held that a preliminary injunction was appropriate, but modified the definition of 'customers' to be those with an ongoing business relationship at the time of termination.
• Industrias Cardoen v. United States
  983 F.2d 49· 5th Cir.· 1993-02-15
  The court held that the district court did not abuse its discretion in denying a Rule 41(e) motion for the return of a helicopter seized by the government, as forfeiture proceedings provided an adequate legal remedy.
• Abernathy v. Walgreen Co.
  836 F. Supp. 817· M.D. Fla.· 1992-10-16 ·via Irreparable Injury
  The court held that the plaintiff failed to demonstrate a substantial likelihood of prevailing on the merits of his claim that disseminating confidential personnel records constituted protected activity under Title VII, and thus denied the motion for a preliminary injunction.
• King v. Innovation Books
  976 F.2d 824· 2d Cir.· 1992-10-01
  The court held that the possessory credit 'Stephen King's The Lawnmower Man' was a false attribution likely to cause confusion and harm, but the 'based upon' credit was permissible given the material similarities between the story and the film.
• Bourne Co. v. Tower Records, Inc.
  976 F.2d 99· 2d Cir.· 1992-09-29
  The court held that a plaintiff's extensive delay in enforcing its rights rebuts the presumption of irreparable harm, even when asserting a new use of the copyrighted material.
• Wildmon v. Berwick Universal Pictures
  983 F.2d 21· 5th Cir.· 1992-09-22 ·via Irreparable Injury
  The court held that the district court abused its discretion by granting a stay and injunction pending appeal, as the plaintiffs failed to demonstrate a serious legal question or a heavy balance of equities in their favor.
• Frank B. Hall & Co., Inc. v. Alexander & Alexander, Inc.
  974 F.2d 1020· 8th Cir.· 1992-09-10
  The dissenting judge would reverse the district court's decision, finding the settlement agreement's interpretation more plausible for Hall.
• Guitard v. U.S. Secretary OF the Navy
  967 F.2d 737· 2d Cir.· 1992-06-10
  A servicemember must exhaust all available administrative remedies within the military system before seeking federal judicial review of an adverse administrative determination, especially in matters of military discipline.
• Levin v. Harleston
  966 F.2d 85· 2d Cir.· 1992-06-08
  The court held that the creation of 'shadow classes' and the implicit threat of disciplinary action against a professor for his extramural speech violated his First Amendment rights, but that the college's response to student disruptions of his classes did not.
• City OF Tenakee Springs v. Franzel
  960 F.2d 776· 9th Cir.· 1992-02-12
  The court held that the equities do not favor permanent injunctive relief, despite prior findings that plaintiffs were likely to succeed on the merits.
• Direx Israel, Ltd. v. Breakthrough Med. Corp.
  952 F.2d 802· 4th Cir.· 1991-12-24
  The Fourth Circuit reversed the grant of a preliminary injunction, finding the district court improperly balanced the hardships and likelihood of success, and that the plaintiff did not sufficiently demonstrate a likelihood of success on the merits.
• Trustees of the Chicago Truck Drivers v. Rentar Indus.
  951 F.2d 152· 7th Cir.· 1991-12-20
  The court held that an employer seeking to avoid interim ERISA withdrawal payments must make an affirmative showing that the pension fund lacks a colorable claim and must demonstrate irreparable harm.
• Int'l Bhd. of Elec. Workers Sys. Council U-4 v. Fla. Power & Light Co.
  784 F. Supp. 854· S.D. Fla.· 1991-12-16
  A union is not entitled to a preliminary injunction to prevent employer layoffs and reassignments when the employer has broad management rights under the collective bargaining agreement and the potential harm to employees from layoffs and subsequent 'rolling' does not defeat the