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

• Richardson v. Gyves
  874 So. 2d 658· Fla. 4th DCA· 2004-05-05 ·cited 2×
• Fla. Power & Light Co. v. J.W. Thomas
  838 So. 2d 1240· Fla. 1st DCA· 2003-03-10 ·cited 2×
• Wyner v. Struhs
  254 F. Supp. 2d 1297· S.D. Fla.· 2003-02-27 ·cited 2×
  The court held that a nude art installation intended as a peace symbol constitutes expressive conduct protected by the First Amendment, and a total ban on nudity is not a narrowly tailored restriction.
• Lazaro v. United States Dep't of Agric.
  186 F. Supp. 2d 1203· M.D. Fla.· 2001-08-24 ·cited 2×
  The court held that the statute does not prohibit preliminary injunctive relief for permanent disqualification from the Food Stamp Program, even for trafficking violations, and that the plaintiff met the prerequisites for such relief.
• Lucero v. Clay P. Lucero
  793 So. 2d 144· Fla. 2d DCA· 2001-08-22 ·cited 2×
  A Florida appellate court reversed a temporary restraining order prohibiting a mother from relocating out of state with her minor child, finding the order was entered without proper notice, without required affidavits or bond, and in violation of procedural rules. The court also
• Johnson v. Globe Data Sys.
  785 So. 2d 1290· Fla. 5th DCA· 2001-06-08 ·cited 2×·via Presumption Of Irreparable Injury
  Globe Data Systems sought to enforce a non-compete agreement against former employee Richard Johnson by obtaining an injunction to prevent his use of customer lists and direct solicitation of Globe's customers. The appellate court affirmed the trial court's entry of a permanent i
• Shake Consulting, LLC v. Suncruz Casinos, LLC
  781 So. 2d 494· Fla. 4th DCA· 2001-03-28 ·cited 2×
  Shake Consulting sought certiorari review of a trial court order that denied its motion to access company records and granted a stay of proceedings for ninety days. The Fourth District Court of Appeal dismissed the petition regarding the denied motion for access to records and su
• Smith v. ST. VIL
  765 So. 2d 60· Fla. 4th DCA· 2000-02-09 ·cited 2×
  Lee Roy Smith, an incarcerated plaintiff in a personal injury action, sought certiorari review of a trial court's order staying his civil case for approximately nine years until near his release from federal prison. The appellate court granted the petition, finding the stay const
• Image Data, L.L.C. v. Sullivan
  739 So. 2d 725· Fla. 5th DCA· 1999-09-10 ·cited 2×
  Image Data appealed an ex parte temporary injunction that prohibited it and the Florida Department of Highway Safety and Motor Vehicles from disseminating driver license information. The Fifth District Court of Appeal reversed the injunction, finding it violated multiple procedur
• Diaz v. John Adcock Ins. Agency, Inc.
  729 So. 2d 465· Fla. 2d DCA· 1999-03-19 ·cited 2×
  The appellate court considered whether a contract provision waiving the bond requirement for a temporary injunction is enforceable, holding that such a waiver is generally not permissible under Florida Rule of Civil Procedure 1.610(b).
• Leventhal v. Richard K. Lohmann, M.D. & Richard K. Lohmann, M.D., P.A.
  721 So. 2d 1249· Fla. 4th DCA· 1998-12-23 ·cited 2×
  In a medical malpractice case, the court rejected a plaintiff's work product objection to producing medical records obtained in anticipation of litigation. The court held that medical records themselves are not transformed into work product merely because counsel obtained them, a
• Burger King Corp. v. Weaver
  33 F. Supp. 2d 1037· S.D. Fla.· 1998-08-27 ·cited 2×
  The court held that a preliminary injunction is warranted even if the defendant has ceased infringing conduct, especially when the infringement was willful and occurred over a long period.
• Chase Manhattan Bank v. Dime Sav. Bank of N.Y.
  961 F. Supp. 275· M.D. Fla.· 1997-05-05 ·cited 2×
  The court denied the motion for a temporary restraining order because the plaintiffs failed to demonstrate imminent irreparable injury, a substantial likelihood of success on the merits, or that the threatened injury outweighed potential harm to the defendants and the public inte
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×
  The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
• Michel-Trapaga v. City of Gainesville
  907 F. Supp. 1508· N.D. Fla.· 1995-12-06 ·cited 2×
  The court held that the city's Event Policy, as applied, constituted an unconstitutional prior restraint on speech and assembly, and granted the preliminary injunction.
• Time Warner Cable v. Freedom Elecs., Inc.
  897 F. Supp. 1454· S.D. Fla.· 1995-08-11 ·cited 2×
  The court granted a preliminary injunction against defendants for violating the Communications Act by manufacturing and selling devices to illegally intercept cable television programming.
• Raymond Oenbrink, D.O. v. Schiegner
  645 So. 2d 167· Fla. 4th DCA· 1994-11-23 ·cited 2×
  The court denied defendants' petition for certiorari challenging pretrial orders that found plaintiffs complied with Florida's medical malpractice presuit screening requirements under section 766.
• Caterpillar, Inc. v. Nationwide Equip.
  877 F. Supp. 611· M.D. Fla.· 1994-11-14 ·cited 2×·via Presumption Of Irreparable Injury
  The court held that defendants' advertising and sale of Cukurova products, manufactured using Caterpillar components but not under Caterpillar's direct quality control, constituted trademark infringement and unfair competition under the Lanham Act.
• Glen Raven Mills, Inc. v. Ramada Int'l, Inc.
  852 F. Supp. 1544· M.D. Fla.· 1994-05-24 ·cited 2×
  The court held that the plaintiff failed to establish a substantial likelihood of prevailing on the merits for a preliminary injunction, as the evidence of actual confusion was insufficient and the defendant's intent to infringe was not proven, despite similarities in marks and a
• VP Union 76, Inc. v. Canmont Int'l, Inc.
  632 So. 2d 249· Fla. 3d DCA· 1994-02-22 ·cited 2×
  The court held that the order allowing a lessor to enter leased premises for renovations, entered without proper procedure, constituted an injunction and was therefore voidable.
• DOE v. Duncanville Indep. Sch. Dist.
  986 F.2d 953· 5th Cir.· 1993-03-29 ·cited 2×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against school-sponsored prayer and affirmed the denial of intervention as modified.
• Thomas v. Cnty. OF LOS Angeles
  978 F.2d 504· 9th Cir.· 1992-10-21 ·cited 2×
  The court held that the majority erred in reversing the preliminary injunction based on a de novo review of the facts and blurring the distinction between preliminary and permanent injunctions.
• Allstate Ins. v. Preston
  842 F. Supp. 1441· S.D. Fla.· 1992-10-09 ·cited 2×
  The court held that while continued state court litigation after removal is improper, a federal court cannot enjoin such proceedings under the Anti-Injunction Act unless an exception applies, and the relitigation exception does not apply to a dismissal without prejudice.
• In re Eagle-Picher Indus., Inc. v. Eagle-Picher Indus., Inc.
  963 F.2d 855· 6th Cir.· 1992-05-07 ·cited 2×
  The court affirmed the district court's order, holding that the bankruptcy court did not abuse its discretion in granting a preliminary injunction to protect the debtor's reorganization efforts, even without a full evidentiary hearing, and that the recusal issue was not preserved
• The Middleby Corp. v. Hussmann Corp.
  962 F.2d 614· 7th Cir.· 1992-04-29 ·cited 2×
  The court held that it lacked jurisdiction to hear the appeal because the district court's consolidation of two cases, one seeking enforcement of an arbitration award and the other alleging fraud, did not constitute a final appealable order.
• Palm Beach Commerce Ctr. Associated, Ltd. v. Walker
  598 So. 2d 165· Fla. 4th DCA· 1992-04-29 ·cited 2×·via Irreparable Damage
  A taxpayer seeking to enjoin the issuance of tax certificates pending a challenge to property valuation must demonstrate the good faith of their partial tax payment.
• McLaughlin Ex Rel. McLaughlin v. Williams
  801 F. Supp. 633· S.D. Fla.· 1992-04-02 ·cited 2×
  The court held that the plaintiff demonstrated a likelihood of success on the merits, showing that the state's policy of refusing to fund liver/small bowel transplants was likely unreasonable and the procedure could not be deemed experimental on the current record.
• Holland v. Collins
  950 F.2d 169· 5th Cir.· 1991-12-17 ·cited 2×
  The dissenting judge argues that the majority erred in granting a stay of execution because the movant failed to demonstrate a constitutional violation or satisfy the legal standards for a stay. The dissenting judge contends that the issues raised by the petitioner regarding the
• Vuitton v. Helene White
  945 F.2d 569· 3d Cir.· 1991-09-18 ·cited 2×
  An order denying an application for an ex parte seizure order under 15 U.S.C. § 1116(d) is immediately appealable as a denial of an injunction under 28 U.S.C. § 1292(a)(1), and the district court's refusal to grant such an order in this case was an abuse of discretion.
• Gilder v. PGA Tour, Inc.
  936 F.2d 417· 9th Cir.· 1991-06-12 ·cited 2×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the PGA's U-groove ban, finding serious questions on the merits and that the balance of hardships tipped sharply in favor of the plaintiffs.
• Lakedreams v. Taylor
  932 F.2d 1103· 5th Cir.· 1991-06-11 ·cited 2×
  The court affirmed the district court's grant of a preliminary injunction, finding that Lakedreams demonstrated a substantial likelihood of success on its copyright infringement claim.
• Cuban Museum of Arts & Culture, Inc. v. City of Miami
  766 F. Supp. 1121· S.D. Fla.· 1991-05-21 ·cited 2×
  The court held that the City of Miami's decision to deny the Cuban Museum continued possession of its leased premises was substantially motivated by the Museum's exercise of its First Amendment rights in exhibiting controversial art, and thus the City's actions were unconstitutio
• Edwards v. Dir., Off. OF Workers' Comp. Programs, United States Dep't OF Labor, Eagle Ins. Grp.
  932 F.2d 1325· 9th Cir.· 1991-05-08 ·cited 2×
  The court held that the Benefits Review Board's order staying compensation benefits was appealable under the collateral order doctrine and was improvidently granted due to lack of irreparable injury and specificity.
• Fla. E. Coast Ry. Co. v. Martinez
  761 F. Supp. 782· M.D. Fla.· 1991-04-18 ·cited 2×
  The court held that the Governor, Attorney General, and Department of Transportation were improperly named as defendants because the statute at issue did not grant them any duties or enforcement powers regarding the local ordinances enacted under it.
• Christian Knights OF THE KU Klux Klan Invisible Empire, Inc. v. The Dist. OF Columbia
  919 F.2d 148· D.C. Cir.· 1990-10-27 ·cited 2×
  The court should affirm the district court's order allowing petitioners to use the traditional march route.
• Alvy Thomas McQUEEN v. Bullock
  907 F.2d 1544· 5th Cir.· 1990-08-09 ·cited 2×
  The court held that the Tax Injunction Act barred federal jurisdiction over claims challenging state tax collection, and sovereign immunity barred claims against the United States for alleged violations of Federal Rule of Criminal Procedure 6(e).
• In re The Matter of the Search OF Kitty's E. v. United States
  905 F.2d 1367· 10th Cir.· 1990-06-07 ·cited 2×
  The court held that it had jurisdiction to hear the appeal, that the revised Rule 41(e) applied, and that the seizures were lawful and did not unreasonably deprive Kitty's of its property.
• State Farm Mut. Auto. Ins. Co. v. K.A.W.
  557 So. 2d 601· Fla. 4th DCA· 1990-01-31 ·cited 2×
  A client's consent to representation prevents disqualification, and insurance companies lack standing to assert privilege against adverse representation.
• Alessi v. Commonwealth OF Pa.
  893 F.2d 1444· 3d Cir.· 1990-01-11 ·cited 2×
  The Eleventh Amendment bars federal courts from awarding relief for violations of state law, even if framed as a procedural due process claim.
• Multicredit, Inc. v. Ecoban Cap. Ltd.
  555 So. 2d 1249· Fla. 3d DCA· 1989-11-21 ·cited 2×
  The dissenting opinion argues that a defendant's guilty plea to first-degree murder was valid, even though the defendant was not informed of the mandatory twenty-five-year parole restriction, because the defendant was aware of the direct consequences of the plea.
• The Town OF Huntington v. Marsh
  884 F.2d 648· 2d Cir.· 1989-08-14 ·cited 2×
  The court held that the district court erred in reimposing a permanent injunction without balancing equities and conducting an evidentiary hearing to determine actual or threatened irreparable environmental injury.
• Modern Computer Sys., Inc. v. Modern Banking Sys., Inc.
  858 F.2d 1339· 8th Cir.· 1988-10-14 ·cited 2×
  The court should have applied Nebraska law as per the parties' agreement, and affirmed the district court's denial of injunctive relief.
• Chisom v. Buddy Roemer
  850 F.2d 1051· 5th Cir.· 1988-07-26 ·cited 2×
  The panel majority erred in partially lifting the district court's stay, allowing the candidate qualification period to proceed despite evidence of minority vote dilution.
• Ebsco Indus., Inc. v. Lilly
  840 F.2d 333· 6th Cir.· 1988-02-23 ·cited 2×
  A preliminary injunction may be granted to preserve assets if the legal remedy of attachment under Rule 64 is demonstrably inadequate, even if attachment is generally available.
• Lakeside Manor Condo. Ass'n, Inc. v. Peggy-Gail Forehand
  513 So. 2d 1104· Fla. 5th DCA· 1987-10-15 ·cited 2×
  The court held that a condominium association's right of first refusal on unit leases is a restraint on alienation, not a restrictive covenant, and thus cannot be enforced by injunction without a showing of irreparable injury.
• D.B. Espenship III v. Carter
  514 So. 2d 1108· Fla. 1st DCA· 1987-10-15 ·cited 2×
  This case involves a dispute over exclusive hunting rights on a parcel of land. The appellate court reversed a lower court's decision that granted exclusive hunting rights to one party, finding that those rights had passed to a land trust. However, the court affirmed the denial o
• Maine Public Advocate v. Fed. Commc'ns Comm'n & United States
  828 F.2d 68· 1st Cir.· 1987-09-14 ·cited 2×
  Orders declining to suspend or investigate tariff revisions are not immediately reviewable unless irreparable injury is demonstrated.
• United States v. Lehder-Rivas
  667 F. Supp. 827· M.D. Fla.· 1987-08-21 ·cited 2×
  The court held that enjoining the defendant from surveying potential jurors would be an unconstitutional prior restraint on his First Amendment rights absent a more convincing factual basis showing an imminent threat to the administration of justice.
• Barr v. United States Dep't OF Just.
  819 F.2d 25· 2d Cir.· 1987-05-11 ·cited 2×
  The court held that the appellant failed to make a substantial showing that his rights were violated by the asset freeze, and thus the district court did not abuse its discretion in denying the preliminary injunction.
• Hastings-Murtagh v. Tex. Air Corp.
  649 F. Supp. 479· S.D. Fla.· 1986-11-24 ·cited 2×
  The court denied the motion for a preliminary injunction because the plaintiffs failed to demonstrate a substantial likelihood of success on the merits or that the threatened injury to plaintiffs outweighed the harm to the defendant.