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

• Hoop Culture, Inc. v. Gap, Inc.
  M.D. Fla.· 2015-08-19
  The court held that the plaintiff failed to establish a substantial likelihood of success on the merits of its trademark infringement claim and failed to demonstrate irreparable injury, thus denying the motion for a preliminary injunction.
• Fcci Commercial Ins. Co., Inc. v. Armour
  132 So. 3d 864· Fla. 2d DCA· 2014-02-05
  The court held that a trial court erred in staying a declaratory judgment action concerning an insurer's duty to defend pending resolution of underlying actions, as this causes irreparable harm.
• United States v. Scotton
  849 F. Supp. 2d 1332· S.D. Fla.· 2014-01-03
  The court granted in part and denied in part the defendant's motion to compel, based on his refusal to participate in a hearing.
• Armstrong v. NCL (Bahamas) Ltd.
  857 F. Supp. 2d 1236· S.D. Fla.· 2013-11-26
  The court held that the Convention on Recognition and Enforcement of Foreign Arbitral Awards did not apply because the parties' relationship lacked a sufficient nexus to a foreign state, thus federal courts lacked subject matter jurisdiction.
• Quamina v. Deutsche Bank Nat'l Tr. Co.
  132 So. 3d 259· Fla. 4th DCA· 2013-11-20
• Fed. Trade Comm'n v. IAB Mktg. Assocs., LP
  833 F. Supp. 2d 673· S.D. Fla.· 2013-09-18
  The court held that the defendants failed to demonstrate a likelihood of success on appeal and that equity favored preserving frozen assets for consumer redress over allowing defendants to use them for living expenses.
• Developers Sur. & Indem. Co. v. Bi-Tech Constr., Inc.
  822 F. Supp. 2d 1125· S.D. Fla.· 2013-08-19
  A surety is entitled to a preliminary injunction compelling an indemnitor to deposit collateral when the surety establishes a reserve account for potential liability under a bond and the indemnitor refuses to deposit the collateral as required by their indemnity agreement.
• Abdullah v. Migoya
  810 F. Supp. 2d 771· S.D. Fla.· 2013-06-28
  The court held that the plaintiff, a "three-striker" under the PLRA, failed to demonstrate he was in imminent danger of serious physical injury at the time of filing his complaint, thus he could not proceed in forma pauperis.
• In re Bioclinica
  Del. Ch.· 2013-02-25
  The Court denied the Plaintiffs' Motion to Expedite, finding that they failed to state any colorable claims sufficient to justify expedited proceedings. The Court concluded that the deal protection devices did not impermissibly lock up the merger agreement and that the alleged di
• Oginsky v. Paragon Props. of Costa Rica, LLC
  16 A.F.T.R.2d (RIA) 5046· S.D. Fla.· 2012-06-26
  The court severed the claims of over 250 plaintiffs under Rule 21 of the Federal Rules of Civil Procedure to manage the case.
• United States v. Ocala Live Stock Mkt., Inc.
  673 F. App'x 13· M.D. Fla.· 2012-05-11 ·via Irreparable Damage
  The court granted the preliminary injunction, enjoining the defendants from operating as a market agency until administrative proceedings are resolved, finding they repeatedly operated while insolvent and violated custodial account regulations.
• Brown v. Brown
  79 So. 3d 190· Fla. 1st DCA· 2012-02-09
  A former husband seeks certiorari review of a trial court's judgment finding him in indirect civil contempt for violating prior court orders related to contact with his child's school and child support obligations. The appellate court dismisses portions of the petition for lack o
• In re Massey Energy Co. Derivative & Class Action C.A. No. 5430-VCS Litig.
  Del. Ch.· 2011-05-31
  The Court denied the plaintiffs' motion for a preliminary injunction, finding that they failed to demonstrate a reasonable probability of success on the merits or irreparable injury. The Court reasoned that while the derivative claims might survive a motion to dismiss, they were
• Allen v. Sch. Bd. for Santa Rosa Cnty.
  782 F. Supp. 2d 1304· N.D. Fla.· 2011-03-21
  The court held that the defendants' motions to dismiss should be denied, and the plaintiffs' renewed motion for preliminary injunctive relief should be granted a hearing, because the plaintiffs sufficiently alleged standing and stated claims for relief.
• Seminole Cnty. Sch. Bd. v. Downey
  59 So. 3d 1156· Fla. 5th DCA· 2011-02-04
  The Seminole County School Board appealed a trial court's grant of a temporary injunction allowing a transfer student to participate in interscholastic wrestling despite being declared ineligible under FHSAA bylaws. The appellate court reversed, finding multiple procedural and su
• Worley v. Roberts
  749 F. Supp. 2d 1321· N.D. Fla.· 2010-10-26
  The court held that plaintiffs are likely to prevail on their claim that Florida law unconstitutionally prohibits spending contributions received and fully disclosed within five days before an election, but are unlikely to prevail on claims challenging disclosure of contributors,
• Sanders v. Sellers-Earnest
  768 F. Supp. 2d 1180· M.D. Fla.· 2010-06-11
  The seller of a pre-construction condominium unit appeals a trial court's summary judgment for the buyer, arguing the sales contract was authorized under the Interstate Land Sales Full Disclosure Act (ILSFDA) and not subject to revocation.
• In re CNX GAS Corp. S'holders Litig. Consol. C.A. No. 5377-VCL
  Del. Ch.· 2010-05-25
  The Delaware Court of Chancery denied plaintiffs' motion for a preliminary injunction challenging a controlling stockholder freeze-out. The court found that while the transaction would be reviewed for entire fairness due to the lack of a special committee recommendation and insuf
• Johnson & Johnson Vision Care, Inc. v. Ciba Vision Corp.
  712 F. Supp. 2d 1285· M.D. Fla.· 2010-04-27
  The court denied CIBA's motion for a permanent injunction, finding that CIBA failed to prove irreparable harm or that the public interest would not be disserved by an injunction.
• Rosemarie M. v. Morton
  671 F. Supp. 2d 1311· M.D. Fla.· 2009-11-19
  The court granted the plaintiff's motion for a preliminary injunction, ordering defendants to authorize and schedule necessary medical treatment without delay.
• Prosser v. Proudfoot Consulting Co.
  24 So. 3d 587· Fla. 4th DCA· 2009-10-21
• First Fashion USA, Inc. v. Best Hair Replacement Mfrs., Inc.
  645 F. Supp. 2d 1158· S.D. Fla.· 2009-07-28
  The court held that the transfer of a business includes the transfer of associated trademarks unless expressly stated otherwise, and granted a preliminary injunction against defendants for infringing on the plaintiff's trademarks.
• Mitsubishi Power Sys. Americas, Inc. v. Babcock
  Del. Ch.· 2009-04-24
  The court granted in part and denied in part the plaintiff's motion for a temporary restraining order. The court found that the plaintiff had established a colorable claim for breach of contract and a colorable claim for fraudulent transfers, warranting injunctive relief against
• S.D. Ex Rel. A.J.D. v. St. Johns Cnty. Sch. Dist.
  632 F. Supp. 2d 1085· M.D. Fla.· 2009-04-15
  The court held that the school's practice and scheduled performance of a song with religious lyrics violated the Establishment Clause of the First Amendment, warranting a preliminary injunction.
• Rotte v. United States
  615 F. Supp. 2d 1347· S.D. Fla.· 2009-02-25
  The court granted summary judgment for the government on claims related to tax liens and unauthorized collection actions for certain tax years, but denied summary judgment on claims regarding the issuance of a notice of deficiency for 2004 taxes.
• Athlete's Foot Brands, LLC v. Turner Phase IV, LLC
  581 F. Supp. 2d 1250· S.D. Fla.· 2008-10-01
  The court granted in part the motion for a preliminary injunction, ordering defendants to cease trademark use, comply with non-compete provisions, and return confidential materials.
• Citizens for Police Accountability v. Browning
  581 F. Supp. 2d 1164· M.D. Fla.· 2008-08-22
  The court held that the Florida statute's 100-foot no-solicitation zone is not narrowly drawn as applied to plaintiffs' exit petitioning activities, and thus likely violates the First Amendment.
• Beary v. State
  9th Cir. Ct. App. Div.· 2007-10-24
  The Orange County Sheriff sought certiorari relief from a county court order requiring him to produce an Intoxilyzer 8000 machine for inspection in 29 consolidated DUI cases. The Ninth Judicial Circuit granted the petition, finding the county court lacked personal jurisdiction an
• Island Silver & Spice, Inc. v. Islamorada
  486 F. Supp. 2d 1347· S.D. Fla.· 2007-04-30
  The court denied the motion for a stay pending appeal because the defendant failed to meet the required legal criteria, particularly the likelihood of success on the merits and the risk of irreparable harm.
• Hadi v. Liberty Behavioral Health Corp.
  927 So. 2d 34· Fla. 1st DCA· 2006-03-29 ·via Likelihood Of Irreparable Harm
  Liberty Behavioral Health Corporation challenged the Department of Children and Families' (DCF) Request for Proposals (RFP) specifications for a civil commitment facility for sexually violent predators, arguing that the 1% protest bond requirement was unconstitutional and that it
• Oce N. Am., Inc. v. Caputo
  416 F. Supp. 2d 1321· S.D. Fla.· 2006-02-10
  The court held that the plaintiff failed to establish a substantial likelihood of success on the merits, and therefore denied the motion for a preliminary injunction.
• Denver Ivan Wilson v. State
  913 So. 2d 1172· Fla. 5th DCA· 2005-10-07
  The court held that certiorari is not the appropriate remedy to review a non-final order denying a petition for rehearing of a probable cause order, as any injury can be remedied on plenary appeal.
• Qantum Commc'ns Corp. v. Star Broad., Inc.
  382 F. Supp. 2d 1362· S.D. Fla.· 2005-08-16
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits and a substantial threat of irreparable injury, thus granting a preliminary injunction against the defendants' sale of the radio station assets.
• Musgrove v. Sch. BD. of Brevard Cnty.
  608 F. Supp. 2d 1303· M.D. Fla.· 2005-05-18
  The court denied the motion for a temporary restraining order because the public interest, weighed against the plaintiffs' delay in filing, outweighed the other factors favoring injunctive relief.
• State v. Rosier Constr. Co., Inc.
  899 So. 2d 1187· Fla. 1st DCA· 2005-04-15
  The Florida Department of Transportation petitioned to review a discovery order in a bid protest case requiring it to either produce requested materials or forgo presenting evidence on those subjects at the administrative hearing. The court dismissed the petition, finding that DO
• Snowden v. Town of Bay Harbor Islands
  358 F. Supp. 2d 1178· S.D. Fla.· 2004-12-15
  The court found that the plaintiff's requested displays constituted protected private religious speech, and the analysis would proceed based on the forum classification of the relevant government property.
• Burgos v. Univ. of Cent. Fla. Bd. of Trs.
  283 F. Supp. 2d 1268· M.D. Fla.· 2003-08-28
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a preliminary injunction, as he did not possess a constitutionally protected right to immediate admission to the university.
• Sun-Sentinel Co. v. City of Hollywood
  274 F. Supp. 2d 1323· S.D. Fla.· 2003-07-25
  The court held that the Florida pedestrian regulation statute is content-neutral, narrowly tailored, and leaves open ample alternative avenues for communication, thus denying the motion for a preliminary injunction.
• Johnson ex rel. Nat'l Labor Relations Bd. v. Sunshine Piping, Inc.
  N.D. Fla.· 2002-12-26
  The court held that the National Labor Relations Board failed to demonstrate that injunctive relief was just and proper, despite reasonable cause to believe unfair labor practices occurred, and therefore denied the petition for a temporary injunction.
• Parker v. R.A. Wenham PTY., Ltd.
  829 So. 2d 384· Fla. 4th DCA· 2002-11-06
  In this discovery dispute, the Fourth District Court of Appeal granted a writ of certiorari to prevent disclosure of individual defendants' personal tax returns in a breach of contract action. The court held that tax returns are not discoverable absent a showing of relevance and
• Bacardi U.S.A, Inc. v. Gallo Wine Distribs., LLC
  829 So. 2d 963· Fla. 3d DCA· 2002-10-30
  Bacardi U.S.A. and MHW, Ltd. appealed a temporary injunction that mandatorily enforced an alleged oral agreement concerning New York State liquor distribution rights. The court reversed, holding that the purported contract was too indefinite to enforce, contrary to New York law,
• O'Brien v. Exposito
  824 So. 2d 954· Fla. 3d DCA· 2002-08-02
• United Teachers of Dade v. Stierheim
  213 F. Supp. 2d 1368· S.D. Fla.· 2002-07-10
  The court held that excluding a publication from a press room based on its content or viewpoint, even if it is a union publication, violates the First Amendment.
• Miami Area Local v. United States Postal Serv.
  173 F. Supp. 2d 1322· S.D. Fla.· 2001-11-16
  The court denied the union's motion for emergency injunctive relief, finding they failed to establish irreparable injury or that the threatened injury outweighed the harm to the USPS.
• Comcast SCH Holdings, Inc. v. Villages of Lake-Sumter, Inc.
  168 F. Supp. 2d 1338· M.D. Fla.· 2001-08-17
  The court held that the developer's submission and approval of development plans, which included utility easements, constituted a sufficient 'dedication' under the Cable Act to grant a cable company access, even before formal plat recordation.
• Noble v. Tooley
  125 F. Supp. 2d 481· M.D. Fla.· 2000-11-21
  The court held that the plaintiffs demonstrated a substantial likelihood of success on the merits and a substantial threat of irreparable injury, warranting a preliminary injunction against warrantless searches based on a lease provision.
• Ribel v. Ribel
  766 So. 2d 1185· Fla. 4th DCA· 2000-09-14
  A husband in a dissolution of marriage action sought a writ of certiorari to challenge the trial court's order rescheduling a domestic violence injunction extension hearing from September 8 to September 15, 2000. The court dismissed the petition, holding that the husband failed t
• Dow Jones & Co., Inc. v. Kaye
  2000 U.S. Dist. LEXIS 5456· S.D. Fla.· 2000-04-05
  The court held that the newspaper publishers have standing and that neither the Rooker-Feldman doctrine nor Younger abstention bars their First Amendment claims in federal court.
• TOM v. Russ
  752 So. 2d 1250· Fla. 1st DCA· 2000-03-09 ·via Likelihood Of Irreparable Harm
  A temporary injunction order must specify the reasons for its entry and support each of the four necessary conclusions with clear, definite, and unequivocally sufficient factual findings. The order must also require a bond unless specific exceptions apply.
• Richard R. Lotenfoe, M.D. v. Kye C. Pahk, M.D.
  747 So. 2d 422· Fla. 2d DCA· 1999-12-08
  Dr. Lotenfoe appeals a temporary injunction prohibiting him from competing with his former employer Dr. Pahk within Highlands County for five years. The court reversed the injunction, holding that Pahk failed to prove direct solicitation of existing patients, which is necessary t