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

• Republic OF the Philippines v. Westinghouse Elec. Corp.
  949 F.2d 653· 3d Cir.· 1991-11-18 ·cited 8×
  The court held that Westinghouse failed to demonstrate a likelihood of success on the merits regarding the unsealing of summary judgment materials, and therefore denied the motion for a stay pending appeal.
• Bellsouth Advertising & Publ'g Corp. v. Real Color Pages, Inc.
  792 F. Supp. 775· M.D. Fla.· 1991-09-16 ·cited 8×
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits of its unfair competition and trademark infringement claims due to a likelihood of confusion caused by the defendants' insertion of their directory into the plaintiff's directories.
• Mohamed Shouman v. Am. Express Travel Related Servs. Co., Inc.
  566 So. 2d 875· Fla. 3d DCA· 1990-09-11 ·cited 8×·via Immediate And Irreparable Injury
  Mohamed Shouman appeals the entry of a temporary injunction without notice freezing his bank accounts and business assets. The court reverses, holding that American Express failed to satisfy the requirements for an ex parte temporary injunction because the underlying dispute had
• BIG Country Foods, Inc. v. Bd. OF Educ. OF the Anchorage Sch. Dist.
  868 F.2d 1085· 9th Cir.· 1989-02-28 ·cited 8×
  The court held that the district court did not abuse its discretion in denying Big Country's motion for a preliminary injunction because Big Country failed to demonstrate irreparable injury.
• Soffer v. Leopold
  531 So. 2d 201· Fla. 3d DCA· 1988-08-30 ·cited 8×
  The court held that a temporary injunction was improperly granted without notice to the defendants, violating procedural rules.
• In re Willy
  831 F.2d 545· 5th Cir.· 1987-10-26 ·cited 8×
  The court held that it would not intervene in the administrative process to review a discovery dispute, as extraordinary circumstances and irreparable injury were not shown.
• The Republic OF the Philippines v. Ferdinand E. Marcos
  818 F.2d 1473· 9th Cir.· 1987-06-04 ·cited 8×
  The court held that the district court lacked subject matter jurisdiction to enter the preliminary injunction because the complaint failed to allege harm to the United States economy, which is required for RICO claims.
• In re United States Catholic Conf. & Nat'l Conf. of Catholic Bishops v. Baker
  824 F.2d 156· 2d Cir.· 1987-06-04 ·cited 8×
  Non-party witnesses held in civil contempt have standing to appeal only to determine if there is a colorable basis for the district court's subject matter jurisdiction over the underlying suit, not to fully challenge its correctness.
• Ruhland v. Gibeault
  495 So. 2d 1243· Fla. 5th DCA· 1986-10-23 ·cited 8×
  In this discovery dispute, the Fifth District Court of Appeal held that the attorney work product privilege protects documents from closed litigation files and does not expire merely because a case has concluded. The court quashed a trial court order compelling production of insu
• Warner Bros., Inc. v. U.S. Int'l Trade Comm'n
  787 F.2d 562· Fed. Cir.· 1986-03-20 ·cited 8×·via Presumption Of Irreparable Injury
  The ITC's decision to deny a temporary exclusion order is affirmed because the applicant failed to prove immediate and substantial harm to the domestic industry, and the ITC applied the correct legal standard.
• Am. Television & Commc'ns Corp. v. Floken, Ltd.
  629 F. Supp. 1462· M.D. Fla.· 1986-02-14 ·cited 8×
  The court held that a cable television distributor has standing under 47 U.S.C. § 605 to sue hotels that intercept and retransmit subscription programming signals intended for the distributor, as this constitutes an injury redressable by the court.
• Allstate Ins. Co. v. Marilee Kelley
  481 So. 2d 989· Fla. 5th DCA· 1986-01-23 ·cited 8×
  The court held that a claim for bad faith failure to pay an insurance claim, which is essentially a breach of contract action, cannot support a claim for punitive damages.
• Dayton Christian Schs., Inc. v. Ohio Civil Rights Comm'n
  766 F.2d 932· 6th Cir.· 1985-06-26 ·cited 8×
  The court held that applying the Ohio Civil Rights Act to a pervasively religious institution like Dayton Christian Schools would violate the First Amendment's Free Exercise and Establishment Clauses.
• Nat'l Bd. OF Young Men's Christian Ass'ns v. The Flint Young Men's Christian Ass'n OF Flint
  764 F.2d 199· 6th Cir.· 1985-04-19 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show sufficient irreparable injury due to lack of product confusion or harm to reputation.
• Warner v. The Cent. Tr. Co., N.A.
  715 F.2d 1121· 6th Cir.· 1983-09-07 ·cited 8×
  The court held that the appellant failed to meet the requirements for a preliminary injunction, specifically the likelihood of success on the merits and irreparable injury.
• Gruder v. Gruder
  433 So. 2d 23· Fla. 4th DCA· 1983-06-15 ·cited 8×
• Cities OF Carlisle AND Neola v. Fed. Energy Regulatory Comm'n
  704 F.2d 1259· D.C. Cir.· 1983-04-05 ·cited 8×
  The court held that the Federal Energy Regulatory Commission's decision to accept a rate filing without suspension is not subject to judicial review.
• United States v. McKENZIE
  697 F.2d 1225· 5th Cir.· 1983-01-15 ·cited 8×
  The court held that CBS demonstrated a likelihood of success on the merits of its appeal, warranting a stay of the district court's order.
• In re Davis v. Sheldon
  691 F.2d 176· 3d Cir.· 1982-10-21 ·cited 8×
  A federal court should not enjoin pending state criminal prosecutions impacting bankruptcy proceedings when the state has a legitimate interest and the defendants have not demonstrated bad faith or irreparable harm.
• Spaulding v. Univ. OF Wash.
  676 F.2d 1232· 9th Cir.· 1982-04-13 ·cited 8×
  The University of Washington should be held liable for the cost of the transcript because it represented that reimbursement would be available if the appellants prevailed on their interlocutory appeal.
• Equal Emp. Opportunity Comm'n v. Anchor Hocking Corp.
  666 F.2d 1037· 6th Cir.· 1981-12-16 ·cited 8×
• Darwin Waters v. The Sch. Bd. OF Broward Cnty.
  401 So. 2d 837· Fla. 4th DCA· 1981-06-24 ·cited 8×
  A former school teacher appealed the dismissal of his complaint seeking reinstatement after the school board refused to renew his annual contract. The court affirmed dismissal, holding that even if the board breached a settlement agreement by failing to form an assistance committ
• LOS Angeles Unified Sch. Dist. v. United States Dist. Court FOR the Cent. Dist. OF Cal.
  650 F.2d 1004· 9th Cir.· 1981-06-23 ·cited 8×
  The court held that the district court did not err in granting a temporary restraining order, as the plaintiffs raised serious questions on the merits and the balance of hardships tipped in their favor, and the Board's March 16 Order itself constituted de jure discrimination.
• Cent. Ave. News, Inc. v. The City OF Minot
  651 F.2d 565· 8th Cir.· 1981-06-09 ·cited 8×
  The court held that the district court correctly applied the Younger abstention doctrine, dismissing the federal complaint without prejudice because the appellant could raise its constitutional claims in the pending state court enforcement proceeding.
• Fed. Trade Comm'n v. Weyerhaeuser Co.
  648 F.2d 739· D.C. Cir.· 1981-04-07 ·cited 8×
  The court granted the FTC's motion for an injunction pending appeal, finding a strong likelihood that the FTC would prevail on the merits and ordering the parties to return to the status quo.
• VAN Arsdel v. Tex. A&M Univ.
  628 F.2d 344· 5th Cir.· 1980-10-14 ·cited 8×
  The court held that a preliminary injunction was improperly granted because the professor's resignation was voluntary and not under duress, and the injunction lacked a finding of irreparable injury.
• Nat'l Convenience Stores, Inc. v. Embrey
  375 So. 2d 358· Fla. 4th DCA· 1979-10-03 ·cited 8×
  National Convenience Stores sought review of a discovery order requiring it to answer interrogatories about employee claims denied under its group medical benefits plan. The court held that while some discovery regarding Helen Embrey's eligibility might be relevant, the interroga
• United States v. Cunningham
  599 F.2d 120· 6th Cir.· 1979-05-21 ·cited 8×
  The court held that the evidence was sufficient to support the convictions for criminal contempt and that the temporary restraining order was properly issued.
• Dendy v. The Wash. Hosp. Ctr.
  581 F.2d 990· D.C. Cir.· 1978-07-17 ·cited 8×
  The court held that the district court's denial of a preliminary injunction was not adequately explained, requiring remand for reconsideration and clarification.
• United States v. City OF Philadelphia
  573 F.2d 802· 3d Cir.· 1978-02-27 ·cited 8×
  The court held that the district court did not abuse its discretion in enjoining the hiring of an all-male police class and in ordering transfers of female officers, but erred in denying reinstatement to an officer terminated due to pregnancy.
• Sockwell v. Maloney
  554 F.2d 1236· 2d Cir.· 1977-05-12 ·cited 8×
  The court held that the preliminary injunction requiring notice and a hearing before reducing or terminating foster care benefits was warranted.
• Steak Enters., Inc. v. Claus
  345 So. 2d 1075· Fla. 4th DCA· 1976-12-10 ·cited 8×
• Am. Pub. GAS Ass'n v. Fed. Power Comm'n
  543 F.2d 356· D.C. Cir.· 1976-08-09 ·cited 8×
  The court held that an injunction is necessary to require a refund undertaking for new natural gas rates, pending final Commission action, to prevent irreparable harm from potentially unlawful charges.
• La. Env't Soc'y, Inc. v. Coleman
  524 F.2d 930· 5th Cir.· 1975-11-28 ·cited 8×
  The court affirmed the denial of a preliminary injunction, finding the plaintiff failed to demonstrate a substantial threat of irreparable injury.
• Foremost Int'l Tours, Inc. v. Qantas Airways Ltd.
  525 F.2d 281· 9th Cir.· 1975-10-22 ·cited 8×
  A district court may issue a preliminary injunction in an antitrust case involving an inter-industry problem, even if a regulatory agency has jurisdiction over one of the parties, provided the court retains jurisdiction and defers to the agency for intra-industry aspects.
• Larry P. v. Riles
  502 F.2d 963· 9th Cir.· 1974-08-16 ·cited 8×
  The appellate court affirmed the district court's order granting a partial preliminary injunction, finding it was within the trial court's discretion.
• Citizens FOR A Better Env't, Inc. v. Nassau Cnty.
  488 F.2d 1353· 2d Cir.· 1973-11-14 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of prevailing on the merits or irreparable harm, given the unresolved state law questions regarding the plaintiff orga
• Anderson v. Nemetz
  474 F.2d 814· 9th Cir.· 1973-01-24 ·cited 8×
  The court held that the appellant had standing to challenge the Arizona vagrancy statute and that the Younger abstention doctrine did not apply because no state prosecution was pending.
• Milner v. Colonel R. H. Burson
  470 F.2d 870· 5th Cir.· 1972-12-06 ·cited 8×
  The court held that federal intervention in state criminal prosecutions is improper unless bad faith or harassment is shown, and the district court erred by not applying this standard.
• G. I. Distribs., Inc. v. Murphy
  469 F.2d 752· 2d Cir.· 1972-11-14 ·cited 8×
  The court held that the prior restraint and seizure of allegedly obscene materials without an adversary hearing to determine obscenity is constitutionally deficient.
• Cerruti, Inc. v. McCRORY Corp.
  438 F.2d 281· 2d Cir.· 1971-02-08 ·cited 8×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiff had not met its burden of showing probability of success or irreparable injury, especially after the defendant's store closed.
• The Prof'l Golfers Ass'n OF Am. v. Bankers Life & Cas. Co.
  166 So. 2d 488· Fla. 2d DCA· 1964-07-17 ·cited 8×
  The Professional Golfers Association appeals from a mandatory injunction requiring it to continue occupying and operating a golf course and clubhouse pending completion of a purchase agreement with Bankers Life and Casualty Company. The appellate court reversed the injunction, fi
• Jamelle Rackley v. Bd. OF Trs. OF the Orangeburg Reg'l Hosp.
  310 F.2d 141· 4th Cir.· 1962-11-09 ·cited 8×
  The court held that the denial of a preliminary injunction was not an abuse of discretion, but the striking of certain paragraphs from the complaint was improper and those allegations should be considered at a full hearing.
• Pa. R.R. Co. v. Transp. Workers Union OF Am.
  278 F.2d 693· 3d Cir.· 1960-05-23 ·cited 8×
  The court held that a temporary restraining order is not appealable, and mandamus is not a substitute for appeal unless the order is void.
• Air Line Pilots Ass'n v. Civil Aeronautics Bd.
  215 F.2d 122· 2d Cir.· 1954-07-08 ·cited 8×
  The court denied the application for an interlocutory stay, finding the Board had the power to issue the Special Air Regulation and that the petitioners were unlikely to prevail on the merits.
• Sawyer v. United States Steel Co.
  197 F.2d 582· D.C. Cir.· 1952-05-02 ·cited 8×
  The court held that the preliminary injunctions must be stayed pending further review to preserve jurisdiction and prevent irreparable injury.
• Reilly v. Millis
  144 F.2d 259· D.C. Cir.· 1944-07-10 ·cited 8×
  The court held that a certification of collective bargaining representatives by the National Labor Relations Board is not a final order reviewable by the courts.
• Bass v. Alderman
  80 Fla. 345· Fla.· 1920-07-29 ·cited 8×
  Bass appealed the dissolution of a temporary injunction restraining the tax collector from levying on his range cattle for allegedly erroneous and discriminatory tax assessment. The Florida Supreme Court reversed, holding that the unique nature of a branded cattle herd constitute
• The Miami Gas Co. v. Highleyman
  77 Fla. 523· Fla.· 1919-04-23 ·cited 8×
  The Miami Gas Company violated its franchise contract with the City of Miami by imposing a new 50-cent monthly meter charge on gas consumers, despite the contract fixing the price at $1.50 per thousand cubic feet. The Florida Supreme Court upheld an injunction prohibiting the com
• Jones v. Rakestraw
  59 Fla. 537· Fla.· 1910-01-01 ·cited 8×
  The Florida Supreme Court reversed the appointment of a receiver for an orange grove in a land contract dispute, holding that the trial court violated fundamental equity procedure by appointing a receiver without notice to the defendant and without sufficient allegations of irrep