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

• First Lieutenant Michael J. Tremblay v. Marsh
  750 F.2d 3· 1st Cir.· 1984-12-14
  The court held that while the breach of contract claim failed, there was a sufficient likelihood of success on the First Amendment retaliation claim due to the circumstances surrounding the inclusion of the petitioner's critical letter in his application file.
• Exxon Corp. v. Berwick BAY Real Est. P'rs
  748 F.2d 937· 5th Cir.· 1984-12-03 ·via Irreparable Injury
  The court held that Berwick Bay failed to demonstrate a likelihood of success on the merits of its appeal, and therefore denied its motion to stay the preliminary injunction.
• Criterion Ins. Co. v. State
  458 So. 2d 22· Fla. 1st DCA· 1984-10-11
  Criterion Insurance Company challenges the facial constitutionality of Florida's rate filing statute (Section 627.0651(10)) after the Department of Insurance issued an emergency disapproval order for rate increases filed within a prohibited time period. The court affirmed the sta
• Capraro v. Lanier Bus. Prods., Inc.
  445 So. 2d 719· Fla. 4th DCA· 1984-02-29 ·via Irreparable Injury
  A preliminary injunction for breach of a non-compete covenant will be affirmed if there is evidence supporting the existence of a valid contract, a material breach, and the inadequacy of legal remedies, with irreparable injury presumed.
• ROE v. Ashtabula Cnty. Mental Health Bd.
  726 F.2d 270· 6th Cir.· 1984-01-12 ·via Irreparable Injury
  The court held that a preliminary injunction enforcing a settlement agreement was inappropriate because the plaintiffs failed to establish irreparable injury or substantial harm.
• Fallis v. Ambach
  710 F.2d 49· 2d Cir.· 1983-06-10
  The court held that the parents' and children's claims under the EHA procedural safeguards provision were premature because the children's placement had not been curtailed or eliminated, and that Jowonio's claims were too insubstantial for preliminary injunctive relief.
• Rubino v. The City OF Mount Vernon
  707 F.2d 53· 2d Cir.· 1983-05-06 ·via Irreparable Injury
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellee failed to demonstrate irreparable injury or a likelihood of success on the merits.
• Fimab-Finanziaria Maglificio Biellese Fratelli Fila S.P.A. v. Helio Import/export, Inc.
  601 F. Supp. 1· S.D. Fla.· 1983-04-29 ·via Irreparable Injury
  The court granted plaintiffs' application for a temporary restraining order and preliminary injunction, finding a prima facie showing of trademark infringement and unfair competition through the sale of counterfeit goods.
• Midkiff v. TOM
  704 F.2d 425· 9th Cir.· 1983-04-14 ·via Irreparable Injury
  The court denied the motion for an injunction to stay state judicial proceedings because the appellants failed to demonstrate immediate irreparable injury or extraordinary circumstances.
• Biscayne Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  478 F. Supp. 849· S.D. Fla.· 1983-04-12 ·via Irreparable Injury
  The court denied the motion for a temporary restraining order because plaintiffs failed to show a substantial threat of irreparable injury, but granted interim relief by enjoining certain receiver powers pending further order.
• Tenn. Consol. Coal Co. v. Andrus
  690 F.2d 588· 6th Cir.· 1982-10-11 ·via Irreparable Injury
  The court held that the district court correctly dismissed the action because the plaintiff had not suffered irreparable injury and the action was premature.
• Lawe v. Newman
  689 F.2d 378· 2d Cir.· 1982-09-20
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs failed to demonstrate irreparable harm.
• Killearn Lakes Homeowners Ass'n v. Sneller
  418 So. 2d 1214· Fla. 1st DCA· 1982-09-01
  The dissenting opinion argues that the trial court correctly enjoined the construction of a 'Tot Lot' because it was inconsistent with the Declaration of Covenants and Restrictions' purpose of preserving the natural environment.
• Phillips v. Marsh
  687 F.2d 620· 2d Cir.· 1982-08-18
  The court held that a delay in graduation does not constitute irreparable harm, and therefore reversed the portion of the preliminary injunction requiring the Academy to graduate the plaintiff.
• Garcia v. United States
  680 F.2d 29· 5th Cir.· 1982-07-09
  The court held that a federal employee seeking an injunction against discharge must exhaust administrative remedies and meet the stringent requirements of Sampson v. Murray, which Garcia failed to do.
• Piper Aircraft Corp. v. Grethel T. Ashling
  415 So. 2d 160· Fla. 4th DCA· 1982-06-23
  Piper Aircraft Corporation appealed an order temporarily transferring venue from Indian River County back to Dade County to reconsider a pending motion for rehearing on an earlier venue transfer. The court dismissed the appeal for lack of jurisdiction, holding that temporary tran
• City OF Sunrise v. Town OF Davie
  402 So. 2d 1354· Fla. 4th DCA· 1981-09-02
  The City of Sunrise appealed the issuance of a temporary injunction preventing it from annexing certain property. The appellate court held that the Town of Davie failed to establish the prerequisites for temporary injunctive relief, particularly the likelihood of irreparable harm
• Rosalyn Rubin v. Univ. OF Minn.
  653 F.2d 351· 8th Cir.· 1981-07-10
  The court continued the preliminary injunction pending a prompt trial on the merits, finding that circumstances had changed and that vacating the injunction would threaten the research project's funding and continuity.
• BOE v. Linus Wright
  648 F.2d 432· 5th Cir.· 1981-06-05 ·via Irreparable Injury
  The court held that the prior panel decision in Doe v. Plyler, finding the exclusion of illegal alien children from free public education unconstitutional, controls this case.
• Hoots v. Commonwealth OF Pa.
  651 F.2d 177· 3d Cir.· 1981-05-27 ·via Irreparable Injury
  The court denied the motion for reconsideration and stay pending appeal.
• Corley v. City of Jacksonville
  506 F. Supp. 528· M.D. Fla.· 1981-01-23
  A professionally validated employment test with a disparate racial impact is permissible under Title VII and the Constitution if it is job-related and not a pretext for discrimination.
• Delories Castle v. Lenora Swett Copland & the Travelers Ins. Co.
  381 So. 2d 244· Fla. 4th DCA· 1979-10-03 ·via Irreparable Injury
  Common law certiorari is not an appropriate method of review for an order refusing to strike a lien when full review is available upon enforcement.
• Wilmott Platt, Jr. v. S. Fla. Water Mgmt. Dist.
  370 So. 2d 1159· Fla. 4th DCA· 1978-12-22 ·via Irreparable Injury
  Appellants challenged an order by the South Florida Water Management District to draw down water levels in Conservation Area 2A, a 173-square-mile area incorporating part of the original Florida Everglades. The court granted a stay of the draw-down pending appeal, finding no comp
• Leon Cnty. Classroom Teachers Ass'n v. The Sch. Bd. OF Leon Cnty.
  363 So. 2d 353· Fla. 1st DCA· 1978-09-13 ·via Irreparable Injury
  The Leon County School Board sought an injunction to prevent arbitration of a non-tenured teacher's grievance regarding non-renewal of his contract. The court reversed the injunction, holding that the broad arbitration clause in the collective bargaining agreement covers disputes
• Barabas v. Prudential Lines, Inc.
  577 F.2d 184· 2d Cir.· 1978-05-31
  The court held that the denial of a preliminary injunction was not improper because the plaintiffs did not make a sufficient showing of irreparable harm compared to the harm defendants would suffer.
• Colangelo v. United States
  575 F.2d 994· 1st Cir.· 1978-05-17 ·via Irreparable Injury
  The dissenting judge believes the Anti-Injunction Act should not bar suits challenging allegedly illegal IRS activities where the tax liability itself is not at issue.
• Columbia Transit Corp. v. Jones
  572 F.2d 168· 8th Cir.· 1978-03-08
  The court held that the district court did not err in granting summary judgment, as the plaintiff failed to demonstrate irreparable harm and had adequate remedies through administrative processes or judicial review.
• Knoefler v. Schneider
  565 F.2d 1072· 9th Cir.· 1977-11-28 ·via Irreparable Injury
  The court held that the Knoeflers' suit for injunctive relief and damages was properly dismissed because 26 U.S.C. § 7421 bars injunctions against tax collection unless specific conditions are met, which were not satisfied here.
• City Nat'l Bank OF Miami v. Somerset Dev. Corp. OF Am.
  330 So. 2d 501· Fla. 4th DCA· 1976-04-15 ·via Irreparable Injury
  The court held that the interlocutory order enjoining the sale of a note was improper because it violated procedural rules for injunctions.
• Manes Merrit v. Libby
  533 F.2d 1310· 2d Cir.· 1976-04-05 ·via Irreparable Injury
  The denial of a preliminary injunction was proper because plaintiffs have an adequate remedy at law for damages if they prevail on the merits of their federal securities law claims.
• State OF Minn. v. United States
  525 F.2d 231· 8th Cir.· 1975-11-04
  The court held that the district court correctly found it lacked jurisdiction under the Anti-Injunction Act to issue an injunction because the government asserted its right to tax in good faith, and it could not be said that the government could not establish its claim under any
• Dick H. Carson v. United States
  506 F.2d 745· 5th Cir.· 1975-01-15 ·via Irreparable Injury
  The court held that the district court correctly dismissed the complaint for lack of jurisdiction, as the suit sought to enjoin tax collection and lacked a refund claim, and the plaintiff failed to establish irreparable harm.
• Burger Chef Sys., Inc. v. Burger Chef OF Fla., Inc.
  42 Fla. Supp. 138· Orange Cty. Cir. Ct.· 1974-08-02 ·via Irreparable Damage
  Burger Chef Systems sought declaratory relief to establish its right to terminate a territorial franchise agreement at will. The court held that the franchise agreement is terminable only for cause as expressly stated in the contract, and permanently enjoined the franchisor from
• Ry. Labor Executives' Ass'n v. Patton
  500 F.2d 34· 6th Cir.· 1974-07-05
  The district court erred by suspending employee protection agreements without following statutory procedures and without taking testimony on irreparable harm and equities.
• Cadena v. Perasso
  498 F.2d 383· 9th Cir.· 1974-05-28 ·via Irreparable Injury
  A judge is immune from civil liability for acts committed in their judicial capacity, and injunctive relief is inappropriate when adequate legal remedies exist.
• Virgin Islands Port Auth. v. S. I. U. de Puerto RICO
  494 F.2d 452· 3d Cir.· 1974-03-28
  The court affirmed in part and reversed in part a judgment, with a concurring opinion clarifying the standard of care owed by a common carrier to its passengers, particularly a child, in the maintenance of its premises.
• Johnson v. City OF Belle Glade
  41 Fla. Supp. 189· Palm Beach Cty. Cir. Ct.· 1974-02-13 ·via Irreparable Injury
  Johnson sought an injunction to prevent Belle Glade and Pahokee from arresting and prosecuting him for operating a taxi, claiming he operated only casually or incidentally within the cities and was being selectively harassed. The court denied the injunction, holding that equity i
• Asa H. Asher, Jr. v. Laird
  475 F.2d 360· D.C. Cir.· 1973-02-05
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction because the appellants failed to demonstrate a substantial likelihood of success on the merits and did not show irreparable harm.
• Eames v. Sargent Pitcher, Jr.
  468 F.2d 905· 5th Cir.· 1972-10-27 ·via Irreparable Injury
  The court held that the appellant failed to demonstrate a cause of action for injunctive relief against state murder prosecutions.
• Ozel Conley v. Dauer
  463 F.2d 63· 3d Cir.· 1972-04-17 ·via Irreparable Injury
• Sargent v. Genesco, Inc.
  458 F.2d 9· 5th Cir.· 1972-03-17
• Doctor Robert Sosa v. Bd. OF Managers OF the VAL Verde Mem'l Hosp.
  425 F.2d 44· 5th Cir.· 1970-04-10 ·via Irreparable Injury
• Mon C. Allen v. Miss. Comm'n OF LAW Enf't
  424 F.2d 285· 5th Cir.· 1970-04-07 ·via Irreparable Injury
  The court held that the district judge did not abuse his discretion in denying the preliminary injunction because granting it would cause extreme injury to appellees and negligible injury to appellants, whose rights could be protected by a final decision.
• Olcott v. S. Bell Tel. & Tel. Co.
  31 Fla. Supp. 82· Duval Cty. Cir. Ct.· 1968-10-03 ·via Irreparable Damage
  A telephone subscriber sought to enjoin Southern Bell from disconnecting his service after law enforcement notified the company that the phone had been used for bookmaking. The court dismissed the complaint, holding that a subscriber alleging mere lack of knowledge of illegal use
• Dale Book Co., Inc. v. Leary
  389 F.2d 40· 3d Cir.· 1968-01-02 ·via Irreparable Injury
  The court held that the district court did not abuse its discretion in abstaining from deciding the merits of the suit, and the claims for injunction and damages are now moot or should be handled by the state court.
• Santos v. Bonanno
  369 F.2d 369· 2d Cir.· 1966-12-06 ·via Irreparable Injury
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to show probable success on the merits or irreparable injury.
• Kaufman v. Jeffords
  368 F.2d 539· 2d Cir.· 1966-11-15 ·via Irreparable Injury
  The court held that the plaintiff failed to show irreparable injury or clear violations of law justifying a preliminary injunction to halt a shareholder vote.
• Mendelsund v. Southern-Aire Coats OF Fla., Inc.
  27 Fla. Supp. 174· Dade Cty. Cir. Ct.· 1966-11-07
  The court refused to enforce a New York arbitration award and judgment against a Florida corporation, holding that a New York court lacked jurisdiction to order the liquidation of a Florida corporation and that full faith and credit does not apply to such an extraterritorial diss
• Johnson v. Wall
  329 F.2d 149· 4th Cir.· 1964-03-06
  A federal court lacks jurisdiction to enjoin the collection of federal excise taxes, even if the taxpayer claims illegality and irreparable harm, unless it is clear the government cannot prevail.
• S. Bell Tel. & Tel. Co. v. Paul's Drugs, Inc.
  22 Fla. Supp. 191· Dade Cty. Cir. Ct.· 1964-02-28 ·via Irreparable Damage
  The court held that defendants' continued acceptance of telephone payments after contract termination constituted an unlawful interference with contractual relations, justifying injunctive relief.