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

• Tribal Vill. OF Akutan v. Hodel
  792 F.2d 1376· 9th Cir.· 1986-04-28 ·cited 2×
  The court held that the Secretary of the Interior must comply with the notice and hearing procedures of ANILCA section 810(a) when he finds that significant restrictions on subsistence uses are "unlikely," not just when he finds they "would" occur.
• Design PAK, Inc. v. Secretary OF the Treasury
  801 F.2d 525· 1st Cir.· 1985-12-12 ·cited 2×
  The court held that Design Pak failed to demonstrate entitlement to an injunction pending appeal, denying its request.
• Tuccicaselli v. Benton and Harriett Greene
  474 So. 2d 1288· Fla. 4th DCA· 1985-09-11 ·cited 2×
  The court denied the petition for writ of certiorari, finding that while the discovery order was reviewable, the merits did not warrant relief.
• Equity Grp. Holdings v. DMG, Inc.
  576 F. Supp. 1197· S.D. Fla.· 1983-12-15 ·cited 2×
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a de facto merger claim, and therefore denied the motion for a preliminary injunction.
• City OF Alexandria v. Helms
  719 F.2d 699· 4th Cir.· 1983-10-13 ·cited 2×
  The court granted a stay of the injunction pending appeal, finding it unlikely the plaintiffs would prevail on the merits.
• Cash v. The Surf Club
  436 So. 2d 970· Fla. 3d DCA· 1983-07-26 ·cited 2×
  In this consolidated appeal, the Third District Court of Appeal reversed the trial court's denial of preliminary and temporary injunctions sought by property owners to prevent the Surf Club from disposing of their proprietary interests, while affirming the stay of the action pend
• Fla. Nat'l Bank AT Orlando v. Gen. Elec. Credit Corp.
  429 So. 2d 1247· Fla. 5th DCA· 1983-03-30 ·cited 2×
  Florida National Bank appeals from a temporary injunction freezing a savings account. The court reverses, holding that injunctive relief is inappropriate regarding bank accounts because funds are fungible and damages provide an adequate remedy at law.
• Charla Duke v. Emory Langdon
  701 F.2d 768· 9th Cir.· 1983-01-04 ·cited 2×
  A probationary federal employee cannot assert a due process claim based on termination for unsatisfactory performance, nor can they establish an implied contract claim based solely on internal agency manual procedures.
• Am. Inst. OF Chem. Eng'rs v. Reber-Friel Co.
  682 F.2d 382· 2d Cir.· 1982-06-28 ·cited 2×
  The court concurred with the majority opinion regarding the interpretation of New York law in a diversity case.
• United States v. Blackburn
  538 F. Supp. 1385· M.D. Fla.· 1982-05-14 ·cited 2×
  A taxpayer is not entitled as a matter of right to a stay pending appeal of an order enforcing a civil Internal Revenue Service summons; the court must apply discretionary standards.
• Mrs. Donna Darr and Captain Charles E. Darr v. Carter
  640 F.2d 163· 8th Cir.· 1981-02-09 ·cited 2×
  The court held that a party must exhaust administrative remedies before seeking judicial intervention, as premature interference with the administrative process is improper.
• Chart House, Inc. v. Bornstein
  636 F.2d 9· 1st Cir.· 1980-12-11 ·cited 2×
  The court held that plaintiff demonstrated entitlement to a preliminary injunction as a matter of law, reversing the denial.
• Diaz v. Bd. of Cnty. Com'rs of Dade Cnty.
  502 F. Supp. 190· S.D. Fla.· 1980-10-17 ·cited 2×
  The court held that a preliminary injunction to prevent a referendum vote on a proposed ordinance is not warranted because the ordinance is not facially unconstitutional and the issue of its constitutionality is not ripe for adjudication.
• Baker v. Sch. Bd. of Marion Cnty.
  487 F. Supp. 380· M.D. Fla.· 1980-03-11 ·cited 2×
  The court held that plaintiffs failed to demonstrate irreparable injury, thus denying their application for a preliminary injunction.
• Marine Wonderland & Animal Park, Ltd. v. Kreps
  610 F.2d 947· D.C. Cir.· 1979-09-19 ·cited 2×
  The court held that appellants must exhaust administrative remedies before seeking judicial intervention, as there was no clear jurisdictional defect or irreparable injury.
• Major Angelo M. Diliberti v. Brown
  583 F.2d 950· 7th Cir.· 1978-09-14 ·cited 2×
  Judicial relief was premature because the plaintiff can obtain adequate relief through the administrative process.
• Isiah Fredericks v. Kreps
  571 F.2d 1316· 5th Cir.· 1978-04-12 ·cited 2×
• McCARTHY v. Dolph Briscoe
  553 F.2d 1005· 5th Cir.· 1977-06-13 ·cited 2×
  The court affirmed the denial of a permanent injunction, finding that the controversy regarding future enforcement of the statute was speculative and that no immediate irreparable injury would occur.
• Universal Leaf Tobacco Co. v. Congoleum Corp.
  554 F.2d 1283· 4th Cir.· 1977-05-19 ·cited 2×
  The court held that the district court erred in concluding that a tender offer would likely result in only a minimal stock transfer, and remanded for consideration of the merits.
• Reed v. Rhodes
  549 F.2d 1046· 6th Cir.· 1976-09-20 ·cited 2×
  The Court granted a stay of the District Court's order and judgment pending appeal, finding that the appellants met the criteria for such a stay.
• Biswanath Halder v. AVIS Rent-A-Car Sys., Inc.
  541 F.2d 130· 2d Cir.· 1976-08-26 ·cited 2×
  The court held that the plaintiff failed to meet the burden of proof required for a preliminary injunction, and thus the denial of the injunction was not an abuse of discretion.
• City OF Parma v. Levi
  536 F.2d 133· 6th Cir.· 1976-06-11 ·cited 2×
  A party cannot maintain a separate action for an injunction based on claims that were raised as a compulsory counterclaim and dismissed in a pending action.
• Tatzel v. Hon. Morton J. Hanlon
  530 F.2d 1205· 5th Cir.· 1976-04-30 ·cited 2×
  The court held that the district court erred in granting a stay of state proceedings and dismissing the habeas corpus petition because the petitioner failed to exhaust state remedies or demonstrate futility.
• Glover v. McMURRAY
  487 F.2d 403· 2d Cir.· 1973-11-07 ·cited 2×
  The court should affirm the district court's order granting a preliminary injunction because the plaintiffs demonstrated a substantial likelihood of success on the merits and irreparable harm.
• Canal Theatres, Inc. v. Murphy
  473 F.2d 4· 2d Cir.· 1973-01-26 ·cited 2×
  Federal courts must abstain from enjoining state administrative and judicial proceedings when a party can raise constitutional claims in state court.
• United States v. Springer
  478 F.2d 43· 9th Cir.· 1972-11-30 ·cited 2×
  The court held that a temporary injunction was improperly granted without a final judgment and proof of irreparable harm.
• United Steelworkers OF Am., AFL-CIO v. Seminole Asphalt Ref., Inc.
  269 So. 2d 28· Fla. 1st DCA· 1972-11-21 ·cited 2×·via Irreparable Damage
  The United Steelworkers appeals a trial court's temporary injunction issued without notice against union picketing at Seminole Asphalt Refining's plant. The appellate court reversed, holding that the unverified petition and affidavit were legally insufficient to support an ex par
• Automated Mktg. Sys., Inc. v. Martin
  467 F.2d 1181· 10th Cir.· 1972-10-05 ·cited 2×
  The court held that the trial court did not err in denying appellant's request for a preliminary injunction.
• Musick v. Jonsson
  449 F.2d 201· 5th Cir.· 1971-09-27 ·cited 2×
  The court held that the plaintiffs failed to demonstrate the irreparable injury required for federal injunctive relief against the ordinance.
• Ryan v. Pitkin Iron Corp.
  444 F.2d 717· 10th Cir.· 1971-07-02 ·cited 2×
  The court held that challenges to the use of an unpatented millsite claim and the propriety of a Special Use Permit must first be pursued through administrative remedies before judicial review is available.
• EVE Prods., Inc. v. Shannon
  439 F.2d 1073· 8th Cir.· 1971-03-16 ·cited 2×
  Federal courts should not enjoin state criminal prosecutions absent a showing of bad faith, harassment, or irreparable injury.
• Buie v. Pigott
  439 F.2d 153· 5th Cir.· 1971-03-10 ·cited 2×
  The court held that the case should be remanded for reconsideration in light of recent Supreme Court decisions regarding federal injunctions against state proceedings.
• In re Laguna Lake Mobile Home Park
  439 F.2d 4· 9th Cir.· 1971-02-24 ·cited 2×
  The court held that the Bankruptcy Court had jurisdiction to enjoin the state court action and that the referee's findings were adequate.
• Union OIL Co. OF Cal. v. Minier
  437 F.2d 408· 9th Cir.· 1970-12-03 ·cited 2×
  The court held that a federal court may enjoin a state district attorney from initiating criminal prosecutions under state nuisance laws to frustrate federal development of the Outer Continental Shelf, as such actions interfere with federal power and lack an adequate remedy at la
• Equal Emp. Opportunity Comm'n v. United Ass'n OF Journeymen & Apprentices OF the Plumbing & Pipefitting Indus. OF the United States & Canada
  427 F.2d 1091· 6th Cir.· 1970-05-27 ·cited 2×
  The court granted the union's motion to stay the district court's order pending appeal, finding substantial questions regarding EEOC's authority and the propriety of summary judgment.
• The Wash. Free Cmty., Inc. v. Wilson
  426 F.2d 1213· D.C. Cir.· 1969-12-19 ·cited 2×
  The court held that the District Court did not abuse its discretion in denying a preliminary injunction, as the plaintiffs failed to demonstrate imminent and irreparable injury.
• Vigliano v. Honorable John G. Thevos
  390 F.2d 55· 3d Cir.· 1968-01-31 ·cited 2×
  The court held that the district court did not abuse its discretion in abstaining from interfering with a pending state criminal proceeding, despite the plaintiff's claim of federal constitutional rights violations.
• Daniel v. Earlene V. Williams
  189 So. 2d 640· Fla. 2d DCA· 1966-08-31 ·cited 2×
  The court held that the complaint was procedurally improper for challenging a statute's constitutionality and failed to adequately plead irreparable injury.
• Potter v. State OF Mo.
  325 F.2d 525· 8th Cir.· 1963-12-27 ·cited 2×
  Federal courts cannot interfere with threatened state criminal proceedings unless there is clear and imminent irreparable injury.
• Goldman v. Henry's Drive IN, Inc.
  314 F.2d 162· 7th Cir.· 1963-02-28 ·cited 2×·via Irreparable Damage
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction when the plaintiff failed to present evidence to support his allegations despite the defendant's verified answer denying them.
• Nat'l Ass'n FOR the Advancement OF Colored People v. MacDonald Gallion
  290 F.2d 337· 5th Cir.· 1961-05-15 ·cited 2×
  The federal court should have retained jurisdiction rather than dismissing the case, allowing state courts to determine the issues while preserving federal oversight.
• Local 180 OF the Int'l Union, United Auto. Aircraft & Agric. Workers OF Am., AFL-CIO v. J. I. Case Co.
  281 F.2d 773· 7th Cir.· 1960-08-10 ·cited 2×
  A single circuit judge should not issue an injunction that would effectively decide the merits of an appeal, especially when the trial court has already denied a similar injunction.
• Barnes v. City OF Gadsden
  268 F.2d 593· 5th Cir.· 1959-06-30 ·cited 2×
  The court affirmed the district court's denial of an injunction but reversed the judgment to the extent it declared the rights of the parties, finding that the redevelopment plan's contemplated segregation, even if voluntary, could constitute state action due to extensive governm
• Fuqua v. United Steelworkers OF Am. (AFL-CIO)
  253 F.2d 594· 6th Cir.· 1958-03-28 ·cited 2×
  The court held that the district court erred in issuing a permanent injunction because the plaintiffs failed to demonstrate the clear and immediate danger of irreparable injury required for federal equitable intervention to restrain state criminal proceedings.
• Am. Tel. & Tel. Co. v. Barrow
  9 Fla. Supp. 184· Nassau Cty. Cir. Ct.· 1956-07-12 ·cited 2×·via Irreparable Damage
  American Telephone & Telegraph Company sought a temporary injunction to prevent property owner John G. Barrow from interfering with AT&T's underground cable facilities and easement rights on his land in Nassau County, Florida. The trial court granted the injunction, finding that
• Harris v. Britton
  218 F.2d 45· D.C. Cir.· 1954-12-30 ·cited 2×·via Irreparable Damage
  The court affirmed the District Court's judgments, upholding the deputy commissioner's findings and orders regarding employer status and compensation defaults.
• Nat'l Lawyers Guild v. Brownell
  215 F.2d 485· D.C. Cir.· 1954-05-04 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the appellant failed to show a clear error or irreparable harm that would justify bypassing administrative remedies.
• Harris v. Briscoe
  212 F.2d 619· D.C. Cir.· 1954-04-22 ·cited 2×·via Irreparable Damage
  An employer is entitled to supersedeas of a judgment entered under § 18 of the Longshoremen's and Harbor Workers' Compensation Act, as in civil suits at common law, unless another provision of the Act expressly forbids it.
• Murphy v. Bankers Commercial Corp.
  203 F.2d 645· 2d Cir.· 1953-04-06 ·cited 2×
  The court held that a bankruptcy court should not enjoin foreclosure proceedings instituted prior to bankruptcy when the security interest was acquired more than four months before filing, absent proof of irreparable injury.
• Cavendish Bridge Club v. S. Bell TEL. Co.
  1 Fla. Supp. 186· Dade Cty. Cir. Ct.· 1952-02-01 ·cited 2×
  Cavendish Bridge Club sought an injunction to prevent Southern Bell Telephone Company from removing its telephones based on an Attorney General determination that the club's phone numbers were used for illegal gambling. The court granted the injunction, holding that the Railroad