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

• Globe Data Sys. v. Johnson
  745 So. 2d 1101· Fla. 5th DCA· 1999-12-03
  Globe Data Systems appealed the denial of a temporary injunction to enforce a non-competition agreement against former employee Richard Johnson, who began working for Globe's competitor shortly after resigning. The Fifth District Court of Appeal reversed, holding that Johnson's d
• Twin City Fire Ins. Co. v. Rudolph
  733 So. 2d 1160· Fla. 5th DCA· 1999-06-25
• Martin v. John DOE/Jane Roe Judges
  731 So. 2d 806· Fla. 4th DCA· 1999-04-21
  The court held that a petition for certiorari must be dismissed when the petitioner fails to demonstrate irreparable injury, which is not present when a non-final order remands an issue for redetermination.
• Waterman Broad. Corp. v. Fort Myers Broad. Co.
  56 F. Supp. 2d 1358· M.D. Fla.· 1999-04-01
  The court denied the plaintiff's motion for a preliminary injunction because the plaintiff failed to demonstrate a substantial likelihood of success on the merits.
• Britt v. United States
  985 F. Supp. 1463· M.D. Fla.· 1998-01-05
  The court held that the Air Force has discretion to require active duty service over reimbursement for advanced education assistance, and the motion for a temporary restraining order was procedurally defective.
• Park Imaging, Inc. v. Steadfast Ins. Co.
  700 So. 2d 185· Fla. 4th DCA· 1997-10-15
  Park Imaging appealed orders denying its motion for partial summary judgment and entering a partial summary final judgment against it on the issue of whether insurance defense costs reduce coverage limits. The appellate court clarified its dismissal of the appeal, holding the ord
• Micci v. Bank of New Haven (In Re Micci)
  188 B.R. 697· S.D. Fla.· 1995-11-07
  The court affirmed the bankruptcy court's order transferring venue, finding the debtor failed to establish grounds for a stay pending appeal and that the transfer was proper.
• Richard v. Behavioral Healthcare Options, Inc.
  647 So. 2d 976· Fla. 2d DCA· 1994-12-14 ·via Likelihood Of Irreparable Harm
  The court affirmed the granting of a temporary injunction but reversed the bond amount and remanded for further proceedings to determine the bond and enter a proper order with factual findings.
• State v. DEL REY
  643 So. 2d 1146· Fla. 3d DCA· 1994-10-05
  Florida sought review of a juvenile court order waiving jurisdiction over Del Rey and certifying him for adult prosecution, but challenging limitations that reduced charges and restricted what offenses could be filed. The appellate court dismissed both the appeal and certiorari p
• The Travelers Ins. Co. v. Conley
  637 So. 2d 373· Fla. 5th DCA· 1994-06-03
  A court of equity may enjoin threatened criminal acts if grounds for an injunction otherwise exist, such as irreparable injury and inadequate legal remedy.
• Devereaux v. Colvin
  844 F. Supp. 1508· M.D. Fla.· 1994-02-16
  The court vacated the preliminary injunction because the plaintiff failed to establish a likelihood of prevailing on the merits and irreparable injury, and granted sanctions against the plaintiff and counsel for frivolous litigation.
• Hernandez v. Dugger
  839 F. Supp. 849· M.D. Fla.· 1993-12-08
  The court granted the state's motion for a stay pending appeal, allowing the petitioner to remain incarcerated, despite the grant of a writ of habeas corpus.
• Kinney v. Int'l Union OF Operating Eng'rs, Local 150, AFL-CIO
  994 F.2d 1271· 7th Cir.· 1993-06-01
  The court held that the district court correctly applied the traditional equity standard for issuing an injunction under Section 10(l) of the National Labor Relations Act, finding reasonable cause to believe the Union engaged in an illegal secondary boycott.
• Fed. Deposit Ins. Corp. for Empire Sav. & Loan Ass'n v. D.L. Faulkner
  991 F.2d 262· 5th Cir.· 1993-05-25
  The court held that the asset-freeze provisions of the Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 (TRA) can be applied to pending lawsuits to secure potential damage awards, and that freezing all of the defendants' assets was permissible due
• CPC Int'l, Inc. v. Blandito Food Distrib. Corp.
  835 F. Supp. 636· S.D. Fla.· 1993-04-28
  The court held that CPC failed to demonstrate a substantial likelihood of success on the merits or a substantial threat of irreparable injury, thus denying its motion for a preliminary injunction.
• Daniel v. City of Tampa
  818 F. Supp. 1491· M.D. Fla.· 1993-04-08
  The court granted a preliminary injunction, enjoining the defendants from arresting the plaintiff under the trespass-after-warning statute while he engages in door-to-door political expression during specific hours on public housing property.
• Abernathy v. Walgreen Co.
  836 F. Supp. 817· M.D. Fla.· 1992-10-16
  The court held that the plaintiff failed to demonstrate a substantial likelihood of prevailing on the merits of his claim that disseminating confidential personnel records constituted protected activity under Title VII, and thus denied the motion for a preliminary injunction.
• Wildmon v. Berwick Universal Pictures
  983 F.2d 21· 5th Cir.· 1992-09-22
  The court held that the district court abused its discretion by granting a stay and injunction pending appeal, as the plaintiffs failed to demonstrate a serious legal question or a heavy balance of equities in their favor.
• In the Matter of: Establishment Inspection of Gould Publ'g Co. Gould Publ'g Co. v. United States
  934 F.2d 457· 2d Cir.· 1991-06-03
  District courts should decline to exercise jurisdiction to review the validity of an executed OSHA administrative warrant before the employer has exhausted its administrative remedies, absent extraordinary circumstances.
• State Farm Mut. Auto. Ins. Co. v. Misti Green
  579 So. 2d 402· Fla. 5th DCA· 1991-05-23
  State Farm appealed a final judgment entered against it for payment of medical bills under an insurance policy after the trial court granted Green's motion for temporary relief and then entered final judgment when State Farm failed to comply. The Fifth District reversed, holding
• Airborne Cable TV., Inc. v. Storer Cable TV OF Fla., Inc.
  572 So. 2d 1028· Fla. 2d DCA· 1991-01-16
• Church OF Scientology OF Cal. v. United States & Sandra Baker
  920 F.2d 1481· 9th Cir.· 1990-12-12
  The court held that the Anti-Injunction Act barred the Church's suit for injunctive relief because the district court lacked subject matter jurisdiction, and the Church failed to meet the narrow judicial exception to the Act.
• Hodge Bus. Computer Sys., Inc. v. U.S.A. Mobile Commc'ns, Inc., II
  910 F.2d 367· 6th Cir.· 1990-08-09
  A preliminary injunction prohibiting the use of software is vacated because the moving party failed to demonstrate irreparable injury beyond monetary loss, which is compensable by damages.
• Asseo v. Centro Medico del Turabo, Inc.
  900 F.2d 445· 1st Cir.· 1990-04-05
  The court affirmed the district court's order granting temporary injunctive relief, finding reasonable cause to believe that Turabo was a successor employer that committed unfair labor practices by refusing to recognize and bargain with the union and by refusing to hire an employ
• Murrow Furniture Galleries, Inc. v. Thomasville Furniture Indus., Inc.
  889 F.2d 524· 4th Cir.· 1989-11-17
  The court held that the denial of a preliminary injunction was not an abuse of discretion, and that the dismissal of certain claims was proper, but remanded for leave to amend the Sherman Act § 2 claim.
• Postscript Enters., Inc. v. Hon. George Peach
  878 F.2d 1114· 8th Cir.· 1989-07-13
  The court held that the district court correctly applied the Younger abstention doctrine, requiring abstention from hearing the federal constitutional challenge due to pending state forfeiture and criminal proceedings.
• Allen v. Consol. City of Jacksonville
  719 F. Supp. 1532· M.D. Fla.· 1989-06-02
  The court held that the plaintiff lacked standing to challenge the resolution, and alternatively, that the resolution did not violate the Establishment Clause and thus a preliminary injunction was not warranted.
• Dad's Props., Inc. v. Lucas
  545 So. 2d 926· Fla. 2d DCA· 1989-05-12
  Dad's Properties, Inc. appealed the denial of its application for a preliminary injunction to enforce a covenant not to compete against the Lucas family, who sold their adult nightclub business (Sugar Daddy's) to Dad's Properties in 1986 but subsequently opened a competing club (
• Rev. Lawrence Anderson v. Schultz
  871 F.2d 762· 8th Cir.· 1989-04-04
  The court held that the district court should have abstained from deciding the case under the Younger doctrine because a state criminal proceeding was pending against the appellants when the federal action was considered.
• Official Airline Guides, Inc. v. Goss
  856 F.2d 85· 9th Cir.· 1988-09-01
  The court held that while OAG may have serious questions regarding common law trademark rights in "Travel Planner," it failed to demonstrate irreparable injury or a sharp tipping of the balance of hardships necessary for a preliminary injunction.
• United States v. Bogle
  855 F.2d 707· 11th Cir.· 1988-08-26
  The court denies the stay because the government failed to demonstrate irreparable injury as required by Eleventh Circuit Rule 27-l(b).
• Unisys Corp. v. Dataware Prods., Inc.
  848 F.2d 311· 1st Cir.· 1988-06-06
  The court held that the district court had jurisdiction to grant preliminary relief and did not abuse its discretion in doing so, as the bankruptcy trustee had abandoned the relevant causes of action.
• Gen. Carbon Co. v. Occupational Safety & Health Review Comm'n
  854 F.2d 1329· D.C. Cir.· 1988-04-08
  The court held that General Carbon's motion for a stay was insufficient and therefore denied.
• Tetra Sales (U.S.A.) v. T.F.H. Publ'ns, Inc.
  839 F.2d 881· 2d Cir.· 1988-02-03
  The court held that the preliminary injunction was too indefinite regarding inventory violations and vacated that portion, while affirming the injunction as to other violations of the settlement agreement.
• Martinez v. Sch. Bd. of Hillsborough Cnty.
  675 F. Supp. 1574· M.D. Fla.· 1987-12-23
  The court held that the potential harm to others from returning Eliana Martinez to a classroom setting outweighed the plaintiff's interests, and therefore denied the motion for a preliminary injunction.
• Hekimian Labs., Inc. v. Domain Sys., Inc.
  664 F. Supp. 493· S.D. Fla.· 1987-06-23
  The court held that the restrictive covenant in Boyer's employment contract was enforceable, granting HLI's motion for a preliminary injunction.
• Micro Plus, Inc. v. Forte Data Sys., Inc.
  484 So. 2d 1340· Fla. 4th DCA· 1986-03-12
  Forte Data Systems sought and obtained a temporary injunction against former employee Jay Anderson and competitor Micro Plus for violations of a non-compete and confidentiality agreement. The Fourth District Court of Appeal reversed and remanded the injunction order, with the opi
• Brant v. United States Polo Assoc.
  631 F. Supp. 71· S.D. Fla.· 1986-02-24
  The court held that the plaintiff failed to meet the burden of proof for preliminary injunctive relief, as the suspension did not demonstrate a substantial likelihood of success on the merits under a rule of reason analysis.
• Braman Motors, Inc. v. Ward
  479 So. 2d 225· Fla. 3d DCA· 1985-12-03
  Braman Motors appeals the denial of a preliminary injunction seeking to prevent a former employee from soliciting Rolls Royce customers using a confidential customer list developed over years at significant expense. The court reversed, finding Braman demonstrated a reasonable lik
• Exxon Corp. v. Berwick BAY Real Est. P'rs
  748 F.2d 937· 5th Cir.· 1984-12-03
  The court held that Berwick Bay failed to demonstrate a likelihood of success on the merits of its appeal, and therefore denied its motion to stay the preliminary injunction.
• Capraro v. Lanier Bus. Prods., Inc.
  445 So. 2d 719· Fla. 4th DCA· 1984-02-29
  A preliminary injunction for breach of a non-compete covenant will be affirmed if there is evidence supporting the existence of a valid contract, a material breach, and the inadequacy of legal remedies, with irreparable injury presumed.
• ROE v. Ashtabula Cnty. Mental Health Bd.
  726 F.2d 270· 6th Cir.· 1984-01-12
  The court held that a preliminary injunction enforcing a settlement agreement was inappropriate because the plaintiffs failed to establish irreparable injury or substantial harm.
• Rubino v. The City OF Mount Vernon
  707 F.2d 53· 2d Cir.· 1983-05-06
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellee failed to demonstrate irreparable injury or a likelihood of success on the merits.
• Fimab-Finanziaria Maglificio Biellese Fratelli Fila S.P.A. v. Helio Import/export, Inc.
  601 F. Supp. 1· S.D. Fla.· 1983-04-29
  The court granted plaintiffs' application for a temporary restraining order and preliminary injunction, finding a prima facie showing of trademark infringement and unfair competition through the sale of counterfeit goods.
• Midkiff v. TOM
  704 F.2d 425· 9th Cir.· 1983-04-14
  The court denied the motion for an injunction to stay state judicial proceedings because the appellants failed to demonstrate immediate irreparable injury or extraordinary circumstances.
• Biscayne Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  478 F. Supp. 849· S.D. Fla.· 1983-04-12
  The court denied the motion for a temporary restraining order because plaintiffs failed to show a substantial threat of irreparable injury, but granted interim relief by enjoining certain receiver powers pending further order.
• Tenn. Consol. Coal Co. v. Andrus
  690 F.2d 588· 6th Cir.· 1982-10-11
  The court held that the district court correctly dismissed the action because the plaintiff had not suffered irreparable injury and the action was premature.
• BOE v. Linus Wright
  648 F.2d 432· 5th Cir.· 1981-06-05
  The court held that the prior panel decision in Doe v. Plyler, finding the exclusion of illegal alien children from free public education unconstitutional, controls this case.
• Hoots v. Commonwealth OF Pa.
  651 F.2d 177· 3d Cir.· 1981-05-27
  The court denied the motion for reconsideration and stay pending appeal.
• Delories Castle v. Lenora Swett Copland & the Travelers Ins. Co.
  381 So. 2d 244· Fla. 4th DCA· 1979-10-03
  Common law certiorari is not an appropriate method of review for an order refusing to strike a lien when full review is available upon enforcement.