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

• The Miss Am. Org. v. Mattel, Inc.
  945 F.2d 536· 2d Cir.· 1991-09-25
  The court held that the plaintiffs' failure to exhaust administrative remedies with U.S. Customs before seeking judicial intervention precluded a preliminary injunction.
• Rent-A-Center, Inc. v. Canyon Television & Appliance Rental, Inc.
  944 F.2d 597· 9th Cir.· 1991-09-13
  The court held that the noncompetition covenant's geographic scope was reasonable and that the district court did not abuse its discretion in granting a preliminary injunction.
• United States v. Rossman
  940 F.2d 535· 9th Cir.· 1991-08-05
  The court held that a statute of limitations claim does not satisfy the irreparable harm requirement for an interlocutory appeal, and therefore the court lacks jurisdiction to hear the appeal.
• Lipper v. Kann
  582 So. 2d 815· Fla. 4th DCA· 1991-07-24
  Arthur Lipper III appealed the denial of his motion to dissolve a temporary injunction, challenging the trial court's erroneous limitation of the burden of proof required to maintain the injunction. The appellate court held that the trial court incorrectly required only proof of
• SCFC ILC, Inc. v. VISA USA, Inc.
  936 F.2d 1096· 10th Cir.· 1991-06-18
  The court held that the district court erred in granting a preliminary injunction because the movant failed to meet the heightened burden required for an injunction that alters the status quo and is mandatory in nature.
• In the Matter of: Establishment Inspection of Gould Publ'g Co. Gould Publ'g Co. v. United States
  934 F.2d 457· 2d Cir.· 1991-06-03 ·via Irreparable Injury
  District courts should decline to exercise jurisdiction to review the validity of an executed OSHA administrative warrant before the employer has exhausted its administrative remedies, absent extraordinary circumstances.
• State Farm Mut. Auto. Ins. Co. v. Misti Green
  579 So. 2d 402· Fla. 5th DCA· 1991-05-23 ·via Irreparable Injury
  State Farm appealed a final judgment entered against it for payment of medical bills under an insurance policy after the trial court granted Green's motion for temporary relief and then entered final judgment when State Farm failed to comply. The Fifth District reversed, holding
• C.R. and S.R. v. E. _
  573 So. 2d 1088· Fla. 5th DCA· 1991-02-14
• Airborne Cable TV., Inc. v. Storer Cable TV OF Fla., Inc.
  572 So. 2d 1028· Fla. 2d DCA· 1991-01-16 ·via Irreparable Injury
• Church OF Scientology OF Cal. v. United States & Sandra Baker
  920 F.2d 1481· 9th Cir.· 1990-12-12 ·via Irreparable Injury
  The court held that the Anti-Injunction Act barred the Church's suit for injunctive relief because the district court lacked subject matter jurisdiction, and the Church failed to meet the narrow judicial exception to the Act.
• Warten v. Caguas Cent. Fed. Sav. Bank of Puerto RICO
  567 So. 2d 42· Fla. 3d DCA· 1990-09-25
  The Third District Court of Appeal affirmed a temporary injunction issued in supplementary proceedings to execute on an unsatisfied judgment. The court held that the trial court properly issued the injunction to prevent dissipation of assets and that the plaintiff had shown a lik
• Taylor v. Carlisle
  566 So. 2d 576· Fla. 4th DCA· 1990-09-05
  The Fourth District Court of Appeal granted certiorari and mandamus to quash a circuit court's denial of privately appointed appellate counsel where the public defender withdrew due to conflict, holding that Florida Rule of Criminal Procedure 3.111(b)(1) mandates appointment of a
• Hodge Bus. Computer Sys., Inc. v. U.S.A. Mobile Commc'ns, Inc., II
  910 F.2d 367· 6th Cir.· 1990-08-09 ·via Irreparable Injury
  A preliminary injunction prohibiting the use of software is vacated because the moving party failed to demonstrate irreparable injury beyond monetary loss, which is compensable by damages.
• Taylor v. Honig
  910 F.2d 627· 9th Cir.· 1990-08-07
  The court held that a preliminary injunction ordering a school district to place a severely emotionally disturbed child in a residential facility like San Marcos was appropriate under the EHA, as it was likely an educational institution rather than solely a hospital providing exc
• Asseo v. Centro Medico del Turabo, Inc.
  900 F.2d 445· 1st Cir.· 1990-04-05 ·via Irreparable Injury
  The court affirmed the district court's order granting temporary injunctive relief, finding reasonable cause to believe that Turabo was a successor employer that committed unfair labor practices by refusing to recognize and bargain with the union and by refusing to hire an employ
• Gray v. Alexander Proudfoot Co.
  555 So. 2d 1307· Fla. 4th DCA· 1990-01-24
  Petitioner Gray sought certiorari review of a trial court order compelling discovery of customer lists and personal financial information. The court denied the petition, holding that Gray failed to establish that the customer lists constituted trade secrets and that the requested
• Murrow Furniture Galleries, Inc. v. Thomasville Furniture Indus., Inc.
  889 F.2d 524· 4th Cir.· 1989-11-17
  The court held that the denial of a preliminary injunction was not an abuse of discretion, and that the dismissal of certain claims was proper, but remanded for leave to amend the Sherman Act § 2 claim.
• Postscript Enters., Inc. v. Hon. George Peach
  878 F.2d 1114· 8th Cir.· 1989-07-13 ·via Irreparable Injury
  The court held that the district court correctly applied the Younger abstention doctrine, requiring abstention from hearing the federal constitutional challenge due to pending state forfeiture and criminal proceedings.
• Allen v. Consol. City of Jacksonville
  719 F. Supp. 1532· M.D. Fla.· 1989-06-02 ·via Substantial Threat Of Irreparable Injury
  The court held that the plaintiff lacked standing to challenge the resolution, and alternatively, that the resolution did not violate the Establishment Clause and thus a preliminary injunction was not warranted.
• Dad's Props., Inc. v. Lucas
  545 So. 2d 926· Fla. 2d DCA· 1989-05-12 ·via Presumption Of Irreparable Injury
  Dad's Properties, Inc. appealed the denial of its application for a preliminary injunction to enforce a covenant not to compete against the Lucas family, who sold their adult nightclub business (Sugar Daddy's) to Dad's Properties in 1986 but subsequently opened a competing club (
• Eichhorst v. Mandalay Shores Coop. Hous. Ass'n, Inc.
  545 So. 2d 914· Fla. 2d DCA· 1989-04-26
  The court denied a petition for common law certiorari because any trial court error would not cause material injury that could not be remedied by direct appeal from a final judgment.
• Rev. Lawrence Anderson v. Schultz
  871 F.2d 762· 8th Cir.· 1989-04-04 ·via Irreparable Injury
  The court held that the district court should have abstained from deciding the case under the Younger doctrine because a state criminal proceeding was pending against the appellants when the federal action was considered.
• U.S. Block Corp. v. U.S.B. Acquisition Co., Inc.
  532 So. 2d 46· Fla. 4th DCA· 1988-09-28
• Official Airline Guides, Inc. v. Goss
  856 F.2d 85· 9th Cir.· 1988-09-01 ·via Irreparable Injury
  The court held that while OAG may have serious questions regarding common law trademark rights in "Travel Planner," it failed to demonstrate irreparable injury or a sharp tipping of the balance of hardships necessary for a preliminary injunction.
• United States v. Bogle
  855 F.2d 707· 11th Cir.· 1988-08-26 ·via Irreparable Injury
  The court denies the stay because the government failed to demonstrate irreparable injury as required by Eleventh Circuit Rule 27-l(b).
• White Constr. Co., Inc. v. State
  526 So. 2d 998· Fla. 1st DCA· 1988-06-09
  White Construction Company appealed a four-day suspension of its certificate to bid issued by the Department of Transportation and sought an emergency stay. The court denied the motion to stay, holding that suspensions of contractor certificates are not subject to the automatic s
• Unisys Corp. v. Dataware Prods., Inc.
  848 F.2d 311· 1st Cir.· 1988-06-06 ·via Irreparable Injury
  The court held that the district court had jurisdiction to grant preliminary relief and did not abuse its discretion in doing so, as the bankruptcy trustee had abandoned the relevant causes of action.
• Gen. Carbon Co. v. Occupational Safety & Health Review Comm'n
  854 F.2d 1329· D.C. Cir.· 1988-04-08 ·via Irreparable Injury
  The court held that General Carbon's motion for a stay was insufficient and therefore denied.
• Dep't OF Corr. v. Croce
  520 So. 2d 695· Fla. 4th DCA· 1988-03-02
  The court held that a temporary injunction was improperly granted because the appellee failed to exhaust administrative remedies and did not demonstrate irreparable harm or lack of adequate legal remedies.
• Tetra Sales (U.S.A.) v. T.F.H. Publ'ns, Inc.
  839 F.2d 881· 2d Cir.· 1988-02-03 ·via Irreparable Injury
  The court held that the preliminary injunction was too indefinite regarding inventory violations and vacated that portion, while affirming the injunction as to other violations of the settlement agreement.
• Martinez v. Sch. Bd. of Hillsborough Cnty.
  675 F. Supp. 1574· M.D. Fla.· 1987-12-23 ·via Irreparable Injury
  The court held that the potential harm to others from returning Eliana Martinez to a classroom setting outweighed the plaintiff's interests, and therefore denied the motion for a preliminary injunction.
• Daniel C. Roehm, Sr., M.D. v. Dep't of Prof'l Reg.
  509 So. 2d 394· Fla. 4th DCA· 1987-07-08
  Dr. Roehm appealed a nonfinal agency order from the Board of Medical Examiners requiring him to make his expert witness available for deposition after he refused to do so unless a specified witness fee was paid in advance. The court dismissed the appeal as premature, holding that
• Norco Prods., Inc. v. Mecca Dev., Inc.
  821 F.2d 644· Fed. Cir.· 1987-06-24
  An interlocutory order that effectively denies an injunction is appealable under 28 U.S.C. § 1292(a)(1) only if it causes serious, irreparable consequences that can only be challenged by immediate appeal.
• Hekimian Labs., Inc. v. Domain Sys., Inc.
  664 F. Supp. 493· S.D. Fla.· 1987-06-23 ·via Irreparable Injury
  The court held that the restrictive covenant in Boyer's employment contract was enforceable, granting HLI's motion for a preliminary injunction.
• Lloyd Citrus Trucking, Inc. v. Treesweet Prods., Inc.
  53 F. Supp. 1009· S.D. Fla.· 1987-03-10
  The court held that citrus fruit and products are not covered by Fla.Stat. § 713.62, and therefore, the plaintiff failed to state a cause of action for lien foreclosure or injunctive relief.
• Garcia v. Pub. Health Tr.
  385 F.2d 265· S.D. Fla.· 1987-02-18
• Condos. ON the Intracoastal Ass'n, Inc. v. Barnett Bank OF Palm Beach Cnty.
  502 So. 2d 84· Fla. 4th DCA· 1987-02-11
  The court held that a temporary injunction was improperly granted because the alleged injury was speculative and contingent, and the mortgagee failed to prove the essential elements for such relief.
• Cnty. Sanitation Dist. NO. 2 OF LOS Angeles Cnty. v. Inland Container Corp.
  803 F.2d 1074· 9th Cir.· 1986-11-04
  The court held that the District's suit seeking equitable relief was inequitable because it failed to join an indispensable party (Chino) and attempted to circumvent a mandatory arbitration clause.
• Adams v. Attorney Registration & Disciplinary Comm'n OF the Supreme Court OF Ill.
  801 F.2d 968· 7th Cir.· 1986-09-18
  The court held that a preliminary injunction was properly granted because the Illinois rule prohibiting targeted direct mail advertising by attorneys likely violates the First Amendment, and the district court's findings were entitled to deference.
• Dupont v. Karin Saunders
  800 F.2d 8· 1st Cir.· 1986-09-08
  The court affirmed the district court's denial of a preliminary injunction, finding the appellants failed to demonstrate irreparable harm or a likelihood of success on the merits.
• Berry v. Bean
  796 F.2d 713· 4th Cir.· 1986-07-31
  A base commander has broad authority to exclude civilians from his command area for non-arbitrary reasons, and a preliminary injunction should not be granted if the plaintiff has no chance of success on the merits.
• Sims Varner & Assocs., Inc. v. Blanchard
  794 F.2d 1123· 6th Cir.· 1986-07-08
  The court held that it had interlocutory jurisdiction over certain portions of the district court's orders denying injunctive relief, but affirmed those denials due to the contractor's substantial completion of the work and the plaintiff's delay in seeking equitable relief.
• Schwarz v. Hosp. Corp. of Am.
  506 F. Supp. 244· S.D. Fla.· 1986-05-27
• Micro Plus, Inc. v. Forte Data Sys., Inc.
  484 So. 2d 1340· Fla. 4th DCA· 1986-03-12 ·via Presumption Of Irreparable Injury
  Forte Data Systems sought and obtained a temporary injunction against former employee Jay Anderson and competitor Micro Plus for violations of a non-compete and confidentiality agreement. The Fourth District Court of Appeal reversed and remanded the injunction order, with the opi
• Brant v. United States Polo Assoc.
  631 F. Supp. 71· S.D. Fla.· 1986-02-24 ·via Irreparable Injury
  The court held that the plaintiff failed to meet the burden of proof for preliminary injunctive relief, as the suspension did not demonstrate a substantial likelihood of success on the merits under a rule of reason analysis.
• White Consol. Indus., Inc. v. Whirlpool Corp.
  781 F.2d 1224· 6th Cir.· 1986-01-29
  The court affirmed the district court's decision to vacate the preliminary injunction, finding that the amended acquisition agreement sufficiently ensured Emerson's independence and viability as a competitor, thus eliminating anti-competitive concerns.
• United Food & Commercial Workers Union v. Kroger Co.
  778 F.2d 1161-1171· 6th Cir.· 1985-12-10
  The court held that the district court did not abuse its discretion in denying a preliminary injunction to prevent the sale of stores pending arbitration, as the union failed to demonstrate sufficient equitable grounds.
• Braman Motors, Inc. v. Ward
  479 So. 2d 225· Fla. 3d DCA· 1985-12-03 ·via Irreparable Injury
  Braman Motors appeals the denial of a preliminary injunction seeking to prevent a former employee from soliciting Rolls Royce customers using a confidential customer list developed over years at significant expense. The court reversed, finding Braman demonstrated a reasonable lik
• Caribbean Treasure Salvage, Inc. v. Sheriff, Indian River Cnty.
  474 So. 2d 883· Fla. 4th DCA· 1985-08-28
  Court denied certiorari review of trial court's denial of motion to dismiss in forfeiture action, holding that petitioner failed to demonstrate irreparable harm remediable only through certiorari rather than plenary appeal.
• 754 Orange AVE., Inc. v. City OF W. Haven
  761 F.2d 105· 2d Cir.· 1985-04-30
  The court held that the City's zoning and licensing ordinances, as applied to the plaintiff's adult bookstore, were likely unconstitutional due to vagueness, overbreadth, and impermissible prior restraint on First Amendment expression, warranting a preliminary injunction.