Irreparable Injury

1,544 Florida cases classified under this topic, plus 167 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Martin-Johnson, Inc. v. Savage
  509 So. 2d 1097· Fla.· 1987-07-09 ·cited 838×
  The Florida Supreme Court held that appellate courts may not review by certiorari an interlocutory order denying a motion to strike a claim for punitive damages, resolving a conflict between district courts. The Court determined that petitioners have an adequate remedy through ap
• The Canal Auth. OF the State OF Fla. v. Callaway
  489 F.2d 567· 5th Cir.· 1974-02-15 ·cited 350×
• Schiavo v. Schiavo
  403 F.3d 1223· 11th Cir.· 2005-03-23 ·cited 266×
  The Eleventh Circuit affirmed the district court's denial of a temporary restraining order sought by Theresa Schiavo's parents to prevent removal of her feeding tube, holding that plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their federal
• Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.
  596 F.2d 70· 2d Cir.· 1979-03-23 ·cited 190×
  The court held that the plaintiff failed to establish a meritorious basis for relief by not showing a violation of the exclusive distributorship contract or sufficient threat of irreparable injury.
• Roland Mach. Co. v. Dresser Indus., Inc.
  749 F.2d 380· 7th Cir.· 1984-08-31 ·cited 189×
  The court held that the standard for granting and reviewing preliminary injunctions is complex and often inconsistently applied, but requires balancing irreparable harm, likelihood of success, and public interest.
• Benda v. Grand Lodge OF the Int'l Ass'n OF MacHinists & Aerospace Workers
  584 F.2d 308· 9th Cir.· 1978-08-28 ·cited 167×
  The court held that the district court had jurisdiction under the LMRDA to issue a preliminary injunction against the union's trusteeship, and that the balance of hardships and the existence of serious questions on the merits justified the injunction. However, the award of attorn
• Semmes Motors, Inc. v. Ford Motor Co.
  429 F.2d 1197· 2d Cir.· 1970-07-06 ·cited 158×
  The court held that the district court erred in refusing to stay the New York action pending the New Jersey litigation, but affirmed the temporary injunction against termination of the dealership. The court modified the injunction to limit customer contacts.
• State Rd. Dep't of Fla. v. Tharp
  146 Fla. 745· Fla.· 1941-04-25 ·cited 152×
  The Florida Supreme Court affirmed an equity decree requiring the State Road Department to remove a bridge and fill that obstructed water channels feeding a mill, holding that the State's sovereign immunity does not shield it from suits for wrongful appropriation of private prope
• Belair v. Drew
  770 So. 2d 1164· Fla.· 2000-10-05 ·cited 149×
  The Florida Supreme Court held that a trial court's grant of temporary grandparent visitation, when the mother challenges the underlying grandparent visitation statute as unconstitutional on privacy grounds, presents an irreparable injury that warrants immediate certiorari review
• Culpepper v. Reynolds Metals Co.
  421 F.2d 888· 5th Cir.· 1970-01-08 ·cited 136×
  The court held that the statute of limitations for filing a Title VII claim is tolled when an employee invokes contractual grievance remedies, and that preliminary injunctive relief is available to individual litigants under Title VII.
• LOS Angeles Mem'l Coliseum Comm'n v. Nat'l Football League
  634 F.2d 1197· 9th Cir.· 1980-12-12 ·cited 135×
• Dade Enters., Inc. v. Wometco Theatres, Inc.
  119 Fla. 70· Fla.· 1935-03-07 ·cited 133×
  Wometco Theatres sought an injunction against Dade Enterprises for tortious interference with its contract rights to exhibit "The House of Rothchild" as a first-run motion picture. The Florida Supreme Court reversed the temporary injunction, holding that where the complainant's c
• Sonesta Int'l Hotels Corp. v. Wellington Assocs.
  483 F.2d 247· 2d Cir.· 1973-07-03 ·cited 132×
  The court held that Wellington's tender offer and Schedule 13D filing omitted material facts, violating Section 14(e) of the Securities Exchange Act of 1934.
• Blackwelder Furniture Co. of Statesville, Inc. v. Seilig Mfg. Co., Inc.
  550 F.2d 189· 4th Cir.· 1977-02-16 ·cited 125×
  The court held that the district court erred in applying an appellate standard for preliminary injunctions instead of the proper balance-of-hardship test, and that the balance of hardships favored the plaintiff, requiring the issuance of a preliminary injunction.
• City OF Jacksonville v. Naegele Outdoor Advertising Co.
  634 So. 2d 750· Fla. 1st DCA· 1994-03-30 ·cited 124×·via Likelihood Of Irreparable Harm
  The City of Jacksonville appeals a temporary injunction granted to outdoor advertising companies challenging a charter amendment and ordinances requiring removal of their signs. The appellate court reverses, holding that the trial court failed to make adequate findings supporting
• Wash. Metro. Area Transit Comm'n v. Holiday Tours, Inc.
  559 F.2d 841· D.C. Cir.· 1977-07-05 ·cited 124×
  A court may grant a stay pending appeal if the movant has made a substantial case on the merits and the balance of equities strongly favors the stay, even if success on appeal is not mathematically probable.
• Wolff v. Selective Serv. Local Bd. NO. 16
  372 F.2d 817· 2d Cir.· 1967-01-30 ·cited 119×
  Local draft boards exceeded their jurisdiction by reclassifying students as 'delinquents' for participating in a protest, and the court has jurisdiction to review this action due to the threat to First Amendment rights.
• LaDUKE v. Nelson
  762 F.2d 1318· 9th Cir.· 1985-06-10 ·cited 117×
  The court held that the INS's practice of conducting farm and ranch checks without a warrant, probable cause, or articulable suspicion violated the Fourth Amendment, and that the district court properly issued an injunction and awarded fees.
• Cate v. Oldham
  707 F.2d 1176· 11th Cir.· 1983-06-02 ·cited 117×
  The court held that the Eleventh Amendment bars suits against the State of Florida in federal court, but granted preliminary injunctive relief against the State Attorney pending certification of state law questions to the Florida Supreme Court.
• Tally-Ho, Inc. v. Coast Cmty. Coll. Dist.
  889 F.2d 1018· 11th Cir.· 1989-12-06 ·cited 112×
  The court held that the district court misapplied trademark law by failing to require competition for an infringement claim and by improperly expanding the senior user's geographic rights, thus reversing the denial of a preliminary injunction.
• United States v. Wood
  295 F.2d 772· 5th Cir.· 1961-10-27 ·cited 111×
  The dissenting judge argues that the district court's denial of a temporary restraining order was not appealable and that the federal government is not immunized from the federal anti-injunction statute.
• Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n
  628 F.2d 235· D.C. Cir.· 1980-06-23 ·cited 110×
  Orders accepting rate filings challenged on grounds of patent invalidity are not immediately reviewable under Section 313(b) of the Federal Power Act.
• William Inglis & Sons Baking Co. v. ITT Cont'l Baking Co., Inc.
  526 F.2d 86· 9th Cir.· 1975-11-28 ·cited 106×
  The court held that the district court erred by not considering the alternative test for granting a preliminary injunction, which allows for relief if serious questions are raised and the balance of hardships tips sharply in the movant's favor, even without a high probability of
• A. O. Smith Corp. v. Fed. Trade Comm'n
  530 F.2d 515· 3d Cir.· 1976-02-11 ·cited 102×
  The court held that the plaintiffs failed to demonstrate irreparable harm in the record before the district court, warranting reversal of the preliminary injunctions.
• Wilson v. Sandstrom
  317 So. 2d 732· Fla.· 1975-07-21 ·cited 102×·via Irreparable Damage
  Greyhound kennel owners were incarcerated for civil contempt after refusing to comply with a temporary mandatory injunction requiring them to supply racing greyhounds to a track operator. The Florida Supreme Court upheld the injunction and contempt convictions, holding that a tem
• United States v. Hayes Int'l Corp.
  415 F.2d 1038· 5th Cir.· 1969-08-19 ·cited 96×
  The court held that the district court erred in denying a preliminary injunction, as the transfer program and new collective bargaining agreement did not fully correct the pervasive pattern of racial discrimination violating Title VII.
• Wiggins & Johnson v. Williams
  36 Fla. 637· Fla.· 1895-06-01 ·cited 96×
  The Florida Supreme Court held that a statute authorizing courts of chancery to assess damages for trespass on timbered lands violated the constitutional right to trial by jury, as damage recovery for mere trespass was a legal remedy tried by jury at common law. The Court affirme
• Wilson v. Thompson
  593 F.2d 1375· 5th Cir.· 1979-05-01 ·cited 89×
  The court held that the trial court's finding that the state had no substantive interest in renewed prosecution was not clearly erroneous, and that the reactivation of prosecutions solely in response to a civil suit was tantamount to a finding of bad faith.
• Williams v. Dormany
  99 Fla. 496· Fla.· 1930-03-10 ·cited 89×
  The Florida Supreme Court partially reversed a permanent injunction against county commissioners and a cattle impounding officer, holding that while the underlying statute creating the impounding officer position was unconstitutional due to improper legislative notice and violati
• McSURELY v. McCLELLAN
  697 F.2d 309· D.C. Cir.· 1982-12-10 ·cited 88×
  A state prosecutor is not entitled to absolute immunity for investigative or administrative actions, and summary judgment on qualified immunity is inappropriate when material facts are disputed regarding the prosecutor's knowledge of illegality.
• Oburn v. Shapp
  521 F.2d 142· 3d Cir.· 1975-08-04 ·cited 86×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction sought by white applicants challenging the Pennsylvania State Police's minority hiring goals.
• Lewis v. Baune
  534 F.2d 1115· 5th Cir.· 1976-07-06 ·cited 83×
  The court held that the district court erred in issuing a temporary restraining order and permanent injunction because there was no showing of irreparable injury, and therefore, the subsequent civil contempt judgment was also invalid.
• Rothstein v. Wyman
  467 F.2d 226· 2d Cir.· 1972-09-07 ·cited 82×
  A federal court cannot order state officials to make retroactive welfare payments from state funds, as this violates the Eleventh Amendment and is an improvident exercise of equity powers in the context of cooperative federalism.
• ELI Lilly & Co., Inc. v. Generix Drug Sales, Inc.
  460 F.2d 1096· 5th Cir.· 1972-05-18 ·cited 82×
  The court held that the district court did not err in granting a preliminary injunction, finding the patent valid and infringed, and that the procedural conduct of the trial court was not an abuse of discretion.
• Ross-Whitney Corp. v. Smith Kline & French Labs.
  207 F.2d 190· 9th Cir.· 1953-09-16 ·cited 82×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against appellants for trademark infringement and unfair competition.
• Gupton v. Vill. KEY & SAW Shop, Inc.
  656 So. 2d 475· Fla.· 1995-06-15 ·cited 81×·via Presumption Of Irreparable Injury
  The Florida Supreme Court resolved a conflict between district courts regarding whether a 1990 amendment to Florida's noncompete statute should be applied retroactively or prospectively. The court held that the amendment made substantive changes to noncompete law and must be appl
• Mercury Motor Express, Inc. v. Brinke
  475 F.2d 1086· 5th Cir.· 1973-03-15 ·cited 81×
  The court held that it had jurisdiction to review the stay order as part of an appeal from the denial of a preliminary injunction, and that the doctrine of primary jurisdiction was inapplicable to a suit brought under 49 U.S.C.A. § 1017(b)(2).
• Oscar T. Johnson et ux. v. Alfred B. Killian et ux.
  157 Fla. 754· Fla.· 1946-07-16 ·cited 81×·via Irreparable Damage
  The Florida Supreme Court reversed a decree granting a mandatory injunction to remove a cement block garage that had encroached onto the neighboring property, holding that the remedy was too drastic under the circumstances and that the property owners had an adequate remedy at la
• Newman v. State OF Ala.
  683 F.2d 1312· 11th Cir.· 1982-08-09 ·cited 78×
  The court held that the appeal of the July 15 order was moot due to compliance, and the December 14 order was an improper mandatory injunction because plaintiffs had an adequate legal remedy through contempt proceedings for enforcing the consent decree.
• Deerfield Med. Ctr. v. City OF Deerfield Beach
  661 F.2d 328· 5th Cir.· 1981-11-13 ·cited 77×
  The court held that the district court abused its discretion in denying plaintiffs' motion for a preliminary injunction, as the city's zoning decision interfered with a fundamental right and was not justified by legitimate state interests.
• LeSPORTSAC, Inc. v. K Mart Corp.
  754 F.2d 71· 2d Cir.· 1985-01-24 ·cited 75×
  The court affirmed the district court's grant of a preliminary injunction, finding that LeSportsac raised serious questions regarding trade dress infringement and that the balance of hardships tipped in its favor.
• Hunsucker v. Phinney
  497 F.2d 29· 5th Cir.· 1974-07-10 ·cited 74×
• Times Publ'g Co. v. Williams
  222 So. 2d 470· Fla. 2d DCA· 1969-05-09 ·cited 74×
  Times Publishing Company and others appealed a trial court's dismissal of their complaint seeking to enjoin the Pinellas County School Board from holding closed meetings in violation of Florida's 1967 "Government in the Sunshine Law." The court reversed, holding that the statute
• Harris Corp. v. Nat'l Iranian Radio & Television & Bank Melli Iran
  691 F.2d 1344· 11th Cir.· 1982-11-22 ·cited 73×
  The court affirmed the preliminary injunction, finding sufficient grounds for subject matter and personal jurisdiction under the FSIA and that Harris had a substantial likelihood of success on the merits regarding fraud in the transaction.
• State OF Tex. v. Seatrain Int'l
  518 F.2d 175· 5th Cir.· 1975-08-28 ·cited 73×
  A federal court may issue a preliminary injunction to maintain the status quo pending an FMC decision, even if joint sea/rail rates are involved, but the district court abused its discretion by granting the injunction in this case.
• Cerro Metal Prods. v. Marshall
  620 F.2d 964· 3d Cir.· 1980-04-24 ·cited 70×
  The dissenting judge holds that the original version of § 1903.4 permitted ex parte warrants, making the injunctions improper due to lack of probable success on the merits.
• Lewis v. Kugler
  446 F.2d 1343· 3d Cir.· 1971-08-04 ·cited 70×
  The court held that federal courts should not abstain from hearing federal constitutional claims under the Civil Rights Act, but may dismiss claims seeking injunctions or declaratory relief against pending state criminal prosecutions absent a showing of bad faith or harassment. I
• Rowe v. Griffin
  676 F.2d 524· 11th Cir.· 1982-05-17 ·cited 68×
  The court held that the extraordinary circumstances exception to Younger abstention applies, justifying equitable relief.
• State v. Beeler
  530 So. 2d 932· Fla.· 1988-09-22 ·cited 67×
  The Florida Supreme Court quashed a district court's decision that allowed an interlocutory appeal from an order denying a motion to dissolve a temporary injunction issued without notice, holding that such an appeal was permissible.
• Brumley v. Dorner
  78 Fla. 495· Fla.· 1919-11-29 ·cited 67×
  A landowner sued a county and neighboring property owner for damaging his land by obstructing natural water flow to Lake Monroe through road construction and artificial drainage that diverted water onto his property. The Florida Supreme Court affirmed dismissal of demurrers, hold