Irreparable Harm

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

• Lucas v. Bechtel Corp.
  800 F.2d 839· 9th Cir.· 1986-09-19 ·cited 21×
  Individual union electricians lacked standing to bring antitrust claims under the Clayton Act because their alleged injuries were indirect, speculative, and not the type the antitrust laws were intended to prevent. Furthermore, they failed to demonstrate irreparable harm required
• Emery AIR Freight Corp. v. Local Union 295
  786 F.2d 93· 2d Cir.· 1986-03-19 ·cited 21×
  The duty to arbitrate under a collective bargaining agreement can survive the contract's expiration, and courts should not decide the merits of grievances but only their arbitrability.
• Graphic Commc'ns Union v. Chicago Tribune Co. & Chicago Newspaper Publishers' Ass'n
  779 F.2d 13· 7th Cir.· 1985-12-09 ·cited 21×
  The court held that the expense of arbitration does not constitute irreparable harm, and therefore, a stay of an order compelling arbitration pending appeal is not warranted.
• In re Special March 1981 Grand Jury. Appeal of Almond Pharmacy, Inc.
  753 F.2d 575· 7th Cir.· 1985-01-23 ·cited 21×
  The court held that while the district court erred in releasing grand jury records without notice to the owners, the pharmacies are not entitled to relief because they have adequate alternative remedies in state proceedings and the equitable relief sought is extraordinary.
• United Church OF THE Med. Ctr. v. Med. Ctr. Comm'n
  689 F.2d 693· 7th Cir.· 1982-09-23 ·cited 21×
  The court held that the district court erred in dismissing the case for failure to exhaust administrative remedies and abused its discretion in denying preliminary injunctive relief.
• J. P. v. DeSANTI
  653 F.2d 1080· 6th Cir.· 1981-07-15 ·cited 21×
  The court held that the district court should have abstained from deciding claims regarding pre-adjudication use of juvenile social histories and abused its discretion in exercising pendent jurisdiction over the state law claim concerning post-adjudication dissemination.
• Fla. Businessmen FOR Free Enter. v. The City OF Hollywood
  648 F.2d 956· 5th Cir.· 1981-06-10 ·cited 21×
  The court granted the motion for a stay and enjoined enforcement of the ordinance pending appeal, finding a substantial likelihood of success on the merits.
• Drivers v. Akers Motor Lines, Inc.
  582 F.2d 1336· 4th Cir.· 1978-09-19 ·cited 21×
  A federal court may enjoin an employer from further encumbering capital assets pending arbitration of union grievances, even during business liquidation, if the arbitration award could not otherwise restore the status quo.
• State Farm Mut. Auto. Ins. Co. v. Knapp
  234 So. 3d 843· Fla. 5th DCA· 2018-01-12 ·cited 20×
  State Farm sought certiorari review of discovery orders requiring production of documents it claimed were protected by work product doctrine and attorney-client privilege. The Fifth District Court of Appeal granted the petition and quashed the orders, finding the trial court fail
• Coffey-Garcia v. S. Miami Hosp., Inc.
  194 So. 3d 533· Fla. 3d DCA· 2016-06-22 ·cited 20×
  The Florida District Court of Appeal granted a writ of certiorari in part, quashing a discovery order that required a mother to disclose the reasons why she consulted attorneys regarding her daughter's medical malpractice claim. The court held that while the names and dates of at
• Coral Gables Chiropractic PLLC v. United Auto. Ins. Co.
  199 So. 3d 292· Fla. 3d DCA· 2016-03-16 ·cited 20×
  Coral Gables Chiropractic sought a writ of certiorari to quash an order compelling discovery regarding the reasonableness of medical service fees in a personal injury protection insurance dispute. The court dismissed the petition for lack of jurisdiction, holding that the petitio
• Beach Cmty. Bank v. City OF Freeport
  150 So. 3d 1111· Fla.· 2014-11-13 ·cited 20×
  The Florida Supreme Court held that the First District Court of Appeal improperly used its certiorari jurisdiction to review a trial court's nonfinal order denying sovereign immunity to the City of Freeport, but approved the substantive holding that the City was entitled to sover
• Bright House Networks, LLC v. Cassidy
  129 So. 3d 501· Fla. 2d DCA· 2014-01-10 ·cited 20×
  Bright House Networks sought certiorari review of a discovery order compelling disclosure of customer lists and 1099 issuance records. The court held that the trial court departed from essential requirements of law by ordering disclosure of alleged trade secrets without conductin
• Minty v. Meister Financialgroup, Inc.
  97 So. 3d 926· Fla. 4th DCA· 2012-09-05 ·cited 20×
  A borrower appeals a circuit court's orders denying her motion to dissolve a temporary injunction, severing her counterclaims, and dismissing other counterclaims in a loan refinance dispute. The appellate court reversed the denial of the motion to dissolve, granted a petition for
• Power Plant Ent., LLC v. Trump Hotels & Casino Resorts Dev. Co., LLC
  958 So. 2d 565· Fla. 4th DCA· 2007-06-20 ·cited 20×
  The court recedes from its prior strict rule and will now occasionally review orders denying discovery by certiorari, though not routinely.
• Advantage Digit. Sys., Inc. v. Digit. Imaging Servs., Inc.
  870 So. 2d 111· Fla. 2d DCA· 2003-12-03 ·cited 20×
  Digital Imaging Services sought a temporary injunction against former employees Knaus, Geenen, and Foust, and their new employer Advantage Digital, based on claims of trade secret theft, tortious interference, and breach of noncompetition agreements. The appellate court reversed
• East v. Aqua Gaming, Inc.
  805 So. 2d 932· Fla. 2d DCA· 2001-11-07 ·cited 20×
  East and Gaming Technology appealed a trial court's temporary injunction that restrained them from competing with Aqua Gaming in the same territory. The appellate court affirmed the injunction's prohibition on using misappropriated trade secrets but reversed the broad territorial
• In re Est. OF Giorgio Barsanti v. Wayne A. Cypen Ad Litem of the Estate of Giorgio Barsanti
  773 So. 2d 1206· Fla. 3d DCA· 2000-12-06 ·cited 20×
  The Estate of Giorgio Barsanti appeals the denial of a preliminary injunction to recover two bearer stock certificates representing 16,500 shares of Conakry stock that disappeared from the personal representative's possession. The court reversed, holding that a probate court has
• Kirkland v. William H. Middleton, M.D.
  639 So. 2d 1002· Fla. 5th DCA· 1994-06-03 ·cited 20×
  The court held that Florida Statute § 455.241(2) prohibits ex parte interviews with a malpractice plaintiff's current health care providers and that the protection against disclosure of privileged information does not require a showing of irreparable harm beyond the threat of dis
• Hines Elec. & Fla. Ins. Guar. Ass'n v. McCLURE
  616 So. 2d 132· Fla. 1st DCA· 1993-03-25 ·cited 20×
  In this workers' compensation case, the Florida First District Court of Appeal addresses the interpretation and application of the newly amended Rule 4.160(b), which grants discretionary jurisdiction to review certain nonfinal orders in workers' compensation cases. The court clar
• In re Fed. Grand Jury Proceedings (FGJ 91-9)
  975 F.2d 1488· 11th Cir.· 1992-10-09 ·cited 20×
  Police officers subpoenaed their attorneys to testify before a grand jury regarding advice given after an incident resulting in a suspect's death. The Eleventh Circuit held that the officers, as non-subpoenaed third parties with a direct interest in protecting attorney-client pri
• The Resolution Tr. Corp. v. Elman
  949 F.2d 624· 2d Cir.· 1991-11-26 ·cited 20×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction ordering the transfer of files, as the federal statute FIRREA supersedes the attorney's retaining lien under state law at this stage.
• Murray v. Silberstein
  882 F.2d 61· 3d Cir.· 1989-08-10 ·cited 20×
  The appeal is dismissed as moot because the appellant is judicially estopped from seeking damages after previously arguing that damages were unavailable and obtaining injunctive relief based on that argument.
• B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co.
  549 So. 2d 197· Fla. 3d DCA· 1989-06-27 ·cited 20×
  The court held that untimely claims made to a bank for payment under a letter of credit do not constitute fraud in the transaction, thus an injunction to prevent payment is improper.
• Sierra Club v. Marsh
  872 F.2d 497· 1st Cir.· 1989-03-31 ·cited 20×
  The Supreme Court's decision in Village of Gambell did not overrule or significantly modify the First Circuit's prior holding in Watt regarding the type of harm cognizable under NEPA for preliminary injunction purposes.
• Consol. Gold Fields PLC v. Minorco, S.A.
  871 F.2d 252· 2d Cir.· 1989-03-22 ·cited 20×
  A takeover target must demonstrate antitrust injury to have standing to challenge a takeover under Section 16 of the Clayton Act.
• Foster v. Ctr. Twp. OF LaPORTE Cnty.
  798 F.2d 237· 7th Cir.· 1986-08-13 ·cited 20×
  The plaintiff lacked standing to challenge the 1981 poor-relief guidelines because she was eligible for assistance under those guidelines, and therefore had not suffered a direct injury. Consequently, she could not serve as a class representative for such a claim.
• W. Va. Ass'n OF Cmty. Health Ctrs., Inc. v. Heckler
  734 F.2d 1570· D.C. Cir.· 1984-05-18 ·cited 20×
  The court held that while appellants have standing, their claims regarding FY83 funds are moot because all funds have been disbursed, and it declines to reach the merits of FY84 claims due to procedural issues and potential mootness.
• Arthur Guinness & Sons, PLC v. Sterling Publ'g Co., Inc.
  732 F.2d 1095· 2d Cir.· 1984-04-16 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying Guinness's motion for a preliminary injunction because Guinness failed to demonstrate irreparable harm or a likelihood of success on the merits.
• Balelo v. Baldrige
  724 F.2d 753· 9th Cir.· 1984-01-24 ·cited 20×
  The observer program does not constitute a "search" within the meaning of the Fourth Amendment because the tuna boat captains failed to exhibit a reasonable expectation of privacy.
• Veronice A. Holt v. The Cont'l Grp., Inc.
  708 F.2d 87· 2d Cir.· 1983-05-24 ·cited 20×
  The court held that the district court's denial of a preliminary injunction and dismissal of the complaint warranted further consideration, particularly regarding the issue of irreparable harm in a retaliatory discharge claim.
• Syntex Ophthalmics, Inc. v. Tsuetaki
  701 F.2d 677· 7th Cir.· 1983-03-02 ·cited 20×
  The court affirmed the preliminary injunction and its subsequent interpretation, finding no abuse of discretion in its issuance or scope.
• NEW England Patriots Football Club, Inc. v. Univ. OF Colo.
  592 F.2d 1196· 1st Cir.· 1979-02-09 ·cited 20×
  The court held that the Eleventh Amendment does not bar enjoining state university agents from unlawful and tortious conduct in seeking to contract with a coach, and that the coach is not an indispensable party to the suit.
• Transcon. GAS Pipe Line Corp. v. Fed. Energy Regulatory Comm'n
  589 F.2d 186· 5th Cir.· 1979-02-06 ·cited 20×
  The court held that the petition for review was not premature, and the condition imposed by the Commission was reasonable and supported by the public convenience and necessity.
• Wallace v. Kern
  520 F.2d 400· 2d Cir.· 1975-06-30 ·cited 20×
  The court held that the district court's order mandating specific bail hearing procedures constituted an improper intrusion into the state judicial system, violating principles of comity and federalism.
• Gundel v. Av Homes, Inc.
  264 So. 3d 304· Fla. 2d DCA· 2019-02-01 ·cited 19×
  The trial court departed from the essential requirements of law by refusing to consider the homeowners' motion as a motion for summary judgment when the Anti-SLAPP statute expressly authorizes such motions and permits them to be filed in the alternative with motions to dismiss. A
• Tiramisu Intertional LLC v. Clever Imports LLC
  741 F. Supp. 2d 1279· S.D. Fla.· 2010-08-11 ·cited 19×
  The court adopted the magistrate judge's report and recommendation, granting in part and denying in part the plaintiff's motion for permanent injunctive relief, damages, and attorney fees, based on a default judgment for trademark infringement.
• City OF Ormond Beach v. City OF Daytona Beach
  794 So. 2d 660· Fla. 5th DCA· 2001-07-20 ·cited 19×
  The City of Ormond Beach appealed the dissolution of a temporary injunction it had sought against the City of Daytona Beach's annexation of property. The court affirmed the dissolution, holding that municipalities cannot contract away their constitutional and statutory power to a
• Burtman v. Tech. Chems. & Prods., Inc.
  724 So. 2d 672· Fla. 4th DCA· 1999-01-20 ·cited 19×
  The court held that under Florida Statute section 678.401, a plaintiff may pursue both injunctive relief and damages for an issuer's failure to register a securities transfer, rejecting the argument that common law irreparable harm requirements apply to statutory injunctions unde
• Harrison v. Palm Harbor MRI, Inc.
  703 So. 2d 1117· Fla. 2d DCA· 1997-11-12 ·cited 19×
  An employee challenged a temporary injunction enforcing a noncompete agreement, arguing the covenant should be void due to the employer's sexual harassment. The appellate court found the procedural requirements for the injunction were satisfied, but reversed because the trial cou
• Intercapital Funding Corp. v. Gisclair
  683 So. 2d 530· Fla. 4th DCA· 1996-09-04 ·cited 19×
  Intercapital Funding Corporation appealed a trial court's order changing venue from Broward County to Palm Beach County and dismissing most defendants for improper joinder. The Fourth District reversed the venue change, finding Broward County was a proper statutory venue and that
• Hewlett v. The State of Fla. & The Honorable Carole Y. Taylor
  661 So. 2d 112· Fla. 4th DCA· 1995-09-13 ·cited 19×
  Patti Lynn Hewlett challenged a chief judge's order that vacated a drug court judge's decision denying the state's motion to terminate her participation in a drug pretrial intervention program after her DUI arrest. The appellate court granted certiorari, finding the chief judge l
• Gooding v. Gooding
  602 So. 2d 615· Fla. 4th DCA· 1992-07-01 ·cited 19×
  In a dissolution of marriage action, the appellate court reversed the trial court's denial of a temporary injunction sought by the wife to prevent the husband's further dissipation of corporate funds from their family business. The court held that the husband's documented transfe
• In re the Claim for Comp. Under THE Longshore & Harbor Workers' Comp. ACT. Neil Abbott, Jr. v. La. Ins. Guar. Ass'n
  889 F.2d 626· 5th Cir.· 1989-12-06 ·cited 19×
  The court held that the district court's review in a Section 18(a) enforcement proceeding is limited to the lawfulness of the supplemental order of default, not the underlying compensation order, and that the LHWCA provides adequate due process through the Benefits Review Board.
• Tucker Anthony Realty Corp. v. Schlesinger
  888 F.2d 969· 2d Cir.· 1989-11-06 ·cited 19×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction, even though it applied a higher fiduciary standard than required, because the plaintiffs demonstrated a likelihood of success on the merits and irreparable harm.
• Camel Hair & Cashmere Inst. OF Am., Inc. v. Associated DRY Goods Corp.
  799 F.2d 6· 1st Cir.· 1986-09-02 ·cited 19×
  The court held that the plaintiff had standing to sue on behalf of its members for injunctive relief, but affirmed the denial of a preliminary injunction against Federated due to its good faith actions, while remanding for further consideration of irreparable harm for other defen
• Church OF Scientology Int'l v. The Elmira Mission OF THE Church OF Scientology
  794 F.2d 38· 2d Cir.· 1986-06-23 ·cited 19×
  In a trademark licensor/licensee dispute, a finding of unlawful use and consumer confusion automatically establishes irreparable harm, warranting a preliminary injunction.
• Braun v. Intercontinental Bank
  452 So. 2d 998· Fla. 3d DCA· 1984-06-19 ·cited 19×
  In this appeal from a damages assessment on an injunction bond, the court held that while the trial court properly awarded damages for the wrongful issuance of a stay granted by the appellate court, it erred in including attorney's fees for services rendered in responding to the
• Silas Alexander v. Chicago Park Dist.
  709 F.2d 463· 7th Cir.· 1983-06-03 ·cited 19×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs failed to demonstrate a reasonable likelihood of success on the merits and that the balance of equities and public interest weighed against granting such relief at this preliminary stage.
• Harborside Healthcare, LLC v. Erick M. Jacobson and Amanda N. Jacobson as co-personal representatives of the Estate of William F. Jacobson
  222 So. 3d 612· Fla. 2d DCA· 2017-06-09 ·cited 18×
  Harborside Healthcare sought certiorari review of a trial court order granting the Estate's motion to compel discovery in a wrongful death nursing home case. The appellate court granted the petition in part, quashing the compel order as to nineteen discovery requests that sought