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

• Grant v. Robert Half Int'l, Inc.
  597 So. 2d 801· Fla. 3d DCA· 1992-04-14 ·cited 13×·via Presumption Of Irreparable Injury
  Grant, a former employee of Robert Half International, challenged a temporary injunction preventing him from competing with his former employer after starting a rival recruiting firm. The court affirmed the injunction, finding Robert Half demonstrated sufficient irreparable harm
• Lewellen v. Raff
  843 F.2d 1103· 8th Cir.· 1988-04-04 ·cited 13×
  The court held that the district court did not err in granting a preliminary injunction against the state criminal prosecution, but erred in denying absolute prosecutorial immunity for claims arising from electronic surveillance.
• United States v. Dedra Estell Overton
  834 F.2d 1171· 5th Cir.· 1987-12-15 ·cited 13×
  The court affirmed the denial of a preliminary injunction, finding the balance of harms weighed against granting it due to the timing.
• AMP Inc. v. Fleischhacker
  823 F.2d 1199· 7th Cir.· 1987-07-16 ·cited 13×·via Presumption Of Irreparable Injury
  The court held that without an enforceable restrictive covenant, generalized confidential business information does not constitute a trade secret under Illinois law, and absent evidence of actual misappropriation or likelihood thereof, injunctive relief is not warranted.
• Deaver v. Seymour
  822 F.2d 66· D.C. Cir.· 1987-06-15 ·cited 13×
  The district court did not abuse its discretion in denying Michael Deaver's request for a preliminary injunction to prevent independent counsel from seeking an indictment.
• Am. Motors Sales Corp. v. Runke
  708 F.2d 202· 6th Cir.· 1983-05-10 ·cited 13×
  The court held that the Anti-Injunction Act does not prohibit enjoining state administrative proceedings and that the district court did not abuse its discretion in granting a preliminary injunction due to a conflict between state and federal law, but the injunction was overly br
• Powell v. Wingard
  402 So. 2d 532· Fla. 5th DCA· 1981-08-19 ·cited 13×
  In a negligence case arising from an automobile accident, the trial court sanctioned petitioners by ordering them to pay attorney's fees and costs, or face striking of their pleadings. Petitioners sought certiorari review of this interlocutory sanction order, which the appellate
• Merrill Lynch v. Nat'l Ass'n OF Sec. Dealers, Inc.
  616 F.2d 1363· 5th Cir.· 1980-05-16 ·cited 13×
  The court held that the district court erred in granting a preliminary injunction because the NASD's procedural ruling was not immediately reviewable and Merrill Lynch failed to exhaust administrative remedies.
• Shannon v. United States
  521 F.2d 56· 9th Cir.· 1975-07-29 ·cited 13×
  The court held that the district court lacked jurisdiction to enjoin the IRS levy against a transferee because the transferee was assessed the tax and could not challenge the assessment's validity under 26 U.S.C. § 7426, nor did she meet the stringent requirements for an exceptio
• Meis v. Sanitas Serv. Corp.
  511 F.2d 655· 5th Cir.· 1975-04-18 ·cited 13×
  The court held that the trial court did not err in issuing a temporary injunction to preserve the status quo pending trial, as the plaintiffs made a sufficient prima facie showing of potential success on the merits and the injunction was properly molded to the circumstances.
• Helfant v. Kugler
  500 F.2d 1188· 3d Cir.· 1974-07-08 ·cited 13×
  The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
• United States v. The Wash. Post Co.
  446 F.2d 1327· D.C. Cir.· 1971-06-23 ·cited 13×
  The court affirmed the district court's denial of a preliminary injunction, holding that the government failed to meet its heavy burden of proof to justify a prior restraint on publication of classified documents.
• Arvida Corp. v. Honorable Sidney Sugarman
  259 F.2d 428· 2d Cir.· 1958-10-02 ·cited 13×
• Woodford v. Seigmore Alexander
  35 Fla. 333· Fla.· 1895-01-01 ·cited 13×·via Irreparable Damage
  The Florida Supreme Court reversed a lower court's decision granting an injunction against timber cutting on disputed swamp lands in Marion County. The court held that the complainants, who lacked actual possession of the wild, unoccupied lands, could not obtain equitable relief
• Univ. OF W. Fla. Bd. OF Trs. v. Habegger
  125 So. 3d 323· Fla. 1st DCA· 2013-10-16 ·cited 12×
  The University of West Florida Board of Trustees sought a writ of certiorari to quash a trial court order compelling the deposition of UWF President Judith Bense in an employment discrimination lawsuit. The appellate court granted the petition, holding that the trial court abused
• Victor Genchi, M.D. v. Lower Fla. Keys Hosp. Dist.
  45 So. 3d 915· Fla. 3d DCA· 2010-10-06 ·cited 12×·via Likelihood Of Irreparable Harm
  Dr. Genchi appealed the denial of his motion for a temporary injunction seeking reinstatement of his medical staff privileges at Lower Keys Medical Center, which were not renewed because he failed to comply with a seven-year board certification requirement. The court affirmed the
• Clare v. Coleman (Parent) Holdings, Inc.
  928 So. 2d 1246· Fla. 4th DCA· 2006-05-24 ·cited 12×
  An out-of-state attorney admitted pro hac vice challenged the trial court's revocation of his admission status, which occurred without notice or opportunity to be heard. The court granted the petition for writ of certiorari, finding the revocation violated essential requirements
• Epstein v. Precision Response Corp.
  883 So. 2d 377· Fla. 4th DCA· 2004-09-29 ·cited 12×·via Irreparable Damage
  David Epstein, CEO of Precision Response Corporation and non-signatory to a merger agreement containing an arbitration clause, appealed the trial court's dismissal of his complaint to stay arbitration. The Fourth District Court of Appeal reversed, holding that the trial court err
• Passalacqua v. Naviant, Inc.
  844 So. 2d 792· Fla. 4th DCA· 2003-05-14 ·cited 12×·via Presumption Of Irreparable Injury
  In this appeal, the Fourth District Court of Appeal reversed a trial court's grant of a temporary injunction enforcing a non-compete agreement between Naviant, Inc. and two former employees, Nicholas Passalacqua and Matt Sechter. The court held that Naviant failed to demonstrate
• City OF Boca Raton v. Boca Raton Airport Auth.
  768 So. 2d 1191· Fla. 4th DCA· 2000-09-20 ·cited 12×
  A temporary injunction entered without notice to a party is improper if the moving party cannot demonstrate specific facts showing why notice would precipitate irreparable injury or that the time required for notice would permit the injury to occur.
• Fla. Fish & Wildlife Comm'n v. Pringle
  770 So. 2d 696· Fla. 1st DCA· 2000-08-30 ·cited 12×
  The Florida Fish and Wildlife Commission sought certiorari review of a trial court's denial of its motion to dismiss a declaratory judgment action filed by commercial fishermen challenging the constitutionality of Florida's net ban. The appellate court denied the petition, holdin
• First Miami Sec., Inc. v. Bell
  758 So. 2d 1229· Fla. 4th DCA· 2000-05-24 ·cited 12×·via Presumption Of Irreparable Injury
  The court held that the trial court did not abuse its discretion in denying a temporary injunction because the plaintiff failed to demonstrate irreparable harm and a likelihood of success on the merits.
• Kephart v. Hair Returns, Inc.
  685 So. 2d 959· Fla. 4th DCA· 1996-12-26 ·cited 12×
  Donna Kephart appeals a trial court's injunction enforcing a noncompete clause in her employment contract with Hair Returns. The court reverses, holding that under Florida law, a noncompete agreement may only restrict direct solicitation of customers, not the servicing of custome
• Young v. Young
  682 So. 2d 678· Fla. 4th DCA· 1996-11-06 ·cited 12×
• Smith v. Knight
  679 So. 2d 359· Fla. 4th DCA· 1996-09-11 ·cited 12×
  Smith appeals a temporary injunction issued ex parte by the trial court that enjoined him from competing with Knight's business. The Fourth District reversed, holding that Knight failed to satisfy the strict requirements for an ex parte temporary injunction because the alleged in
• Johnpoll v. Dick Thornburgh
  898 F.2d 849· 2d Cir.· 1990-03-06 ·cited 12×
  The court held that federal inmates must exhaust administrative remedies for claims related to the Inmate Responsibility Program, even constitutional claims, unless the procedures are inadequate or unavailable. The court also affirmed the denial of class certification.
• City OF LAS Vegas v. Lujan
  891 F.2d 927· D.C. Cir.· 1989-12-13 ·cited 12×
  The court held that the Secretary of Interior's emergency listing of the desert tortoise population was justified under the Endangered Species Act, and appellants were unlikely to succeed on the merits of their challenge.
• Joseph U. Moore, Inc. v. Howard
  534 So. 2d 935· Fla. 2d DCA· 1988-12-16 ·cited 12×
  Joseph U. Moore, Inc. appeals the denial of a temporary injunction against former employee John A. Howard for alleged breach of a non-solicitation covenant. The court reversed in part and remanded, holding that the covenant applies to customers Howard acquired during his employme
• Fleet Wholesale Supply Co., Inc. v. Remington Arms Co., Inc.
  846 F.2d 1095· 7th Cir.· 1988-05-06 ·cited 12×
  The court held that a firm whose sales from a supplier constitute only 0.5% of its total business is unlikely to be considered a 'dealer' under the Wisconsin Fair Dealership Law, and thus is not entitled to a preliminary injunction against a price increase.
• Sierra Club v. United States Forest Serv.
  843 F.2d 1190· 9th Cir.· 1988-04-05 ·cited 12×
  The court held that the Forest Service violated NEPA by failing to prepare an Environmental Impact Statement (EIS) for nine timber sales, and that the district court erred in denying a preliminary injunction.
• Matsushita Elec. Indus. Co. v. The United States
  823 F.2d 505· Fed. Cir.· 1987-07-02 ·cited 12×
  The court held that the lower court's finding of irreparable injury was clearly erroneous, requiring reversal of the preliminary injunction.
• Planned Parenthood Ass'n OF Cincinnati, Inc. v. The City OF Cincinnati & Stanley Broadnax, M.D.
  822 F.2d 1390· 6th Cir.· 1987-07-01 ·cited 12×
  The court held that the ordinance's specific disposal requirements for fetal remains unconstitutionally burden the right to abortion.
• City OF Tenakee Springs & Se. Alaska Conservation Council, Inc. v. Block
  778 F.2d 1402· 9th Cir.· 1985-12-20 ·cited 12×
  The court held that while ANILCA section 708 precludes judicial review of land use designations in the Tongass Plan EIS, it does not preclude review of the site-specific Alaska Lumber and Pulp EIS regarding the Kadashan road.
• City OF Chanute v. Kan. GAS & Elec. Co.
  754 F.2d 310· 10th Cir.· 1985-02-05 ·cited 12×
  The court held that two municipalities established the necessary elements for a preliminary injunction to compel electric power wheeling, but the third municipality did not demonstrate irreparable injury.
• Litton Sys., Inc. v. Sundstrand Corp.
  750 F.2d 952· Fed. Cir.· 1984-12-19 ·cited 12×
  The court held that the district court did not abuse its discretion in denying Litton's motion for a preliminary injunction, as Litton failed to demonstrate a likelihood of success on the merits, irreparable injury, or that the balance of hardships tipped in its favor.
• Leschniok v. Heckler
  713 F.2d 520· 9th Cir.· 1983-08-18 ·cited 12×
  The court held that the Secretary violated 42 U.S.C. § 425(b) by failing to consider it when terminating disability benefits for individuals in vocational rehabilitation programs. The court reversed the denial of a preliminary injunction.
• Cities OF Anaheim AND Riverside v. Fed. Energy Regulatory Comm'n
  692 F.2d 773· D.C. Cir.· 1982-11-05 ·cited 12×
  The court held that the Commission's orders were procedural and not ripe for judicial review because they did not inflict irreparable injury and immediate review would invade the agency's province.
• Arnold Bickham, M.D. v. Joyce C. Lashof, M.D.
  620 F.2d 1238· 7th Cir.· 1980-04-29 ·cited 12×
  The court held that abstention was not properly exercised because the state proceedings did not afford an adequate opportunity for the plaintiff to raise his constitutional claims, and the interests of the plaintiff and the state-proceeding entity were not sufficiently intertwine
• Kingdrel N. Ayers v. Home Owners Ass'n of Killearn Ests.
  360 So. 2d 1326· Fla. 1st DCA· 1978-08-03 ·cited 12×
• Ass'n OF Nat'l Advertisers, Inc. v. Fed. Trade Comm'n
  565 F.2d 237· 2d Cir.· 1977-11-02 ·cited 12×
  The district court correctly dismissed the complaint for lack of jurisdiction because the FTC presiding officer's ruling on document relevancy was not final agency action and was not ripe for interlocutory judicial review.
• Glasco v. Hills
  558 F.2d 179· 3d Cir.· 1977-06-27 ·cited 12×
  The court affirmed the denial of a preliminary injunction because the tenants failed to demonstrate irreparable injury, which is a necessary prerequisite for such relief.
• Am. Train Dispatchers Ass'n v. Burlington N., Inc.
  551 F.2d 749· 8th Cir.· 1977-03-09 ·cited 12×
  The court held that the district court abused its discretion by granting a preliminary injunction, as the train dispatchers would not suffer irreparable injury and the railroad had the power to consolidate its offices.
• United States ex rel. Agnes Scranton v. The State OF NEW York
  532 F.2d 292· 2d Cir.· 1976-03-15 ·cited 12×
  A federal court should not grant habeas corpus relief to a state prisoner who has not exhausted all available state remedies, even if the prisoner claims a speedy trial violation.
• Anheuser-Busch, Inc. v. Teamsters Local NO. 633
  511 F.2d 1097· 1st Cir.· 1975-02-19 ·cited 12×
  The court held that the employer's claimed injury from employees wearing tank-tops pending arbitration was not sufficiently irreparable to justify injunctive relief under the Boys Markets exception to the Norris-LaGuardia Act.
• Columbia Pictures Indus., Inc. v. Am. Broad. Cos., Inc.
  501 F.2d 894· 2d Cir.· 1974-07-03 ·cited 12×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs failed to demonstrate a clear likelihood of success on the merits or irreparable harm, and that serious questions warranted further litigation.
• Wooten v. The First Nat'l Bank OF ST. Paul
  490 F.2d 1275· 8th Cir.· 1974-02-01 ·cited 12×·via Irreparable Damage
  The court held that appeals from the dismissal of a party and the denial of a three-judge court are not reviewable without a final order, and affirmed the denial of a temporary injunction.
• Davis v. Crown Cent. Petroleum Corp.
  483 F.2d 1014· 4th Cir.· 1973-08-21 ·cited 12×
  The court held that preliminary injunctive relief was improperly granted because the alleged oral agreements were barred by the Statute of Frauds and the plaintiffs were unlikely to prevail on the merits.
• P. Daussa Corp. & Sutton Cosmetics, Inc. v. Sutton Cosmetics (P.R.) Inc.
  462 F.2d 134· 2d Cir.· 1972-06-20 ·cited 12×
  The court held that confusing similarity between marks, coupled with priority of use, is sufficient to warrant a preliminary injunction in a trademark case.
• Costandi v. Aamco Automatic Transmissions, Inc.
  456 F.2d 941· 9th Cir.· 1972-03-07 ·cited 12×
  The court held that the trial court did not abuse its discretion in issuing a preliminary injunction against franchisees using the AAMCO trademark.
• Local Lodge 2144 v. Ry. Express Agency
  409 F.2d 312· 2d Cir.· 1969-03-31 ·cited 12×
  The court held that the district court did not err in granting a preliminary injunction to maintain the status quo for 60 days, balancing the equities between the employer's economic interests and the employees' potential irreparable harm.