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

• In re Application to Adjudge the Providence Journal Co. & its Executive Editor
  820 F.2d 1342· 1st Cir.· 1986-12-31 ·cited 35×
  A party subject to an order that constitutes a transparently invalid prior restraint on pure speech may challenge the order by violating it, and such an order cannot form the basis for a contempt citation.
• United States v. Price
  688 F.2d 204· 3d Cir.· 1982-09-14 ·cited 35×
  The court affirmed the denial of a preliminary injunction, finding the district court did not abuse its discretion, but clarified that equitable relief, including monetary expenditures for studies, is permissible under RCRA and SDWA.
• Glacier Park Found. v. Watt
  663 F.2d 882· 9th Cir.· 1981-12-10 ·cited 35×
  The court held that while the denial of a preliminary injunction was proper, the Service violated regulations by negotiating with a bidder after rejecting all proposals, requiring a resolicitation.
• Duke v. The State OF Tex.
  477 F.2d 244· 5th Cir.· 1973-04-20 ·cited 35×
  Federal injunctive relief against state judicial proceedings is not prohibited where state procedures are inadequate to protect federal rights and prevent irreparable harm.
• The Pensacola & Ga. R.R. Co. & the Atl. & Gulf Cent. R.R. Co. v. Spratt & Callahan
  12 Fla. 26· Fla.· 1867-01-01 ·cited 35×
  The Florida Supreme Court reversed an interlocutory injunction granted by the circuit court that restrained railroad defendants from using a branch road and impounded its revenues. The court held that the chancellor granted relief inconsistent with the specific relief prayed for
• Bartolo Thebaut and Franklin Glazier v. Canova
  11 Fla. 143· Fla.· 1867-01-01 ·cited 35×
  In this 1867 Florida Supreme Court case, complainants sought to enjoin defendants from erecting a steam mill near their residences in Jacksonville, alleging irreparable harm from noise and smoke. The Court held that an injunction in equity requires clear proof that the thing to b
• Christian Coal. OF Fla., Inc. v. United States
  662 F.3d 1182· 11th Cir.· 2011-11-15 ·cited 34×
  Christian Coalition of Florida sought a tax refund of $261 for tax years 1991 and 1994–2000, claiming it qualified for tax-exempt status under 26 U.S.C. § 501(c)(4) as a social welfare organization. After CC-FL filed suit, the IRS refunded the full amount based on the expiration
• Salim Aoude v. Mobil OIL Corp.
  862 F.2d 890· 1st Cir.· 1988-12-08 ·cited 34×
  The court affirmed the district court's grant of a preliminary injunction, finding that the procedural challenges raised by the appellant were either meritless, harmless, or untimely.
• Ticor Title Ins. Co. v. Fed. Trade Comm'n
  814 F.2d 731· D.C. Cir.· 1987-03-24 ·cited 34×
  The court held that the appellants were required to exhaust their administrative remedies before bringing a facial constitutional challenge to the FTC Act in federal court.
• Enter. Int'l, Inc. v. Corporacion Estatal Petrolera Ecuatoriana
  762 F.2d 464· 5th Cir.· 1985-06-10 ·cited 34×
  A district court cannot issue a preliminary injunction against a party without first determining whether it has jurisdiction over that party, and monetary loss alone, without more, does not constitute irreparable injury sufficient to justify such an injunction.
• Lopez v. Heckler
  713 F.2d 1432· 9th Cir.· 1983-08-24 ·cited 34×
  The court held that the Secretary of Health and Human Services failed to demonstrate a probability of success on the merits or that the balance of hardships tipped in her favor, and therefore denied her request for a partial stay of a preliminary injunction.
• Mass. Ass'n OF Older Americans v. Sharp
  700 F.2d 749· 1st Cir.· 1983-02-15 ·cited 34×
  The court held that the district court erred in denying a preliminary injunction because the plaintiffs demonstrated a likelihood of success on the merits and irreparable harm, and the termination of Medicaid benefits without redetermination violated federal regulations.
• Wounded Knee Legal Defense/Offense Comm. v. The Fed. Bureau OF Investigation
  507 F.2d 1281· 8th Cir.· 1974-11-07 ·cited 34×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the district court in its jurisdictional findings, refusal to recuse, rejection of affidavits, or application of preliminary injunction standards.
• Borden, Inc. v. Fed. Trade Comm'n
  495 F.2d 785· 7th Cir.· 1974-05-01 ·cited 34×
  The court held that Borden failed to exhaust administrative remedies and could raise its procedural claims on appeal of a final agency order.
• Am. Fed'n OF Gov't Emps. (AFL-CIO) v. Resor
  442 F.2d 993· 3d Cir.· 1971-05-24 ·cited 34×
  The court held that plaintiffs must exhaust administrative remedies before seeking judicial review of agency demotions and discharges, but the exhaustion doctrine does not apply to claims for inspection of records not cognizable by the administrative agency.
• Middlewest Motor Freight Bureau v. United States
  433 F.2d 212· 8th Cir.· 1970-10-06 ·cited 34×
  The court held that shippers are entitled to restitution for excessive rates charged during the period of the temporary restraining order, as the ICC's cancellation order rendered the increased tariffs unlawful.
• Brotherhood OF Railroad Trainmen v. The NEW York Cent. R.R. Co.
  246 F.2d 114· 6th Cir.· 1957-06-14 ·cited 34×·via Irreparable Damage
  The court held that the railroad yard closing dispute was not a labor dispute under the Railway Labor Act or Norris-LaGuardia Act, and thus the district court had jurisdiction to enjoin the strike due to irreparable harm to interstate commerce.
• Drew Lumber Co. v. Union Inv. Co.
  66 Fla. 382· Fla.· 1913-11-25 ·cited 34×
  Drew Lumber Company appeals the grant of a temporary injunction restraining its interference with Union Investment Company's possession and improvement of disputed land in Suwannee County, Florida. The Court reversed the injunction, finding the bill complained primarily of acts a
• Miami Physical Therapy Assocs., Inc. v. Savage
  632 So. 2d 114· Fla. 3d DCA· 1994-02-08 ·cited 33×
  The dissenting opinion argues against the majority's decision to quash a trial court order that denied a motion to dismiss for failure to comply with pre-suit notice requirements.
• Rare Coin-It, Inc. v. I.J.E., Inc.
  625 So. 2d 1277· Fla. 3d DCA· 1993-10-12 ·cited 33×
  Rare Coin-It sought a writ of certiorari to overturn a trial court order compelling discovery of its Nintendo video game source code, which it claimed was a trade secret. The Florida appellate court granted certiorari and quashed the discovery order, holding that the party seekin
• DAN River, Inc. v. Icahn
  701 F.2d 278· 4th Cir.· 1983-01-07 ·cited 33×
  The dissenting judge would affirm the district court's grant of interlocutory relief, finding that Dan River is likely to succeed on claims of tender offer violations and irreparable harm, and that the public interest supports maintaining the status quo.
• Cooper Vill., Inc. v. Moretti
  383 So. 2d 705· Fla. 4th DCA· 1980-04-30 ·cited 33×
  Court denied Cooper Village's petition for common law certiorari challenging the circuit court's refusal to discharge a notice of lis pendens, finding no departure from essential legal requirements.
• Compact van Equip. Co., Inc. v. Leggett & Platt, Inc.
  566 F.2d 952· 5th Cir.· 1978-01-27 ·cited 33×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to preserve patent claims for litigation, as it met the necessary criteria for such an extraordinary remedy.
• N. Dade Water Co. v. Adken Land Co.
  114 So. 2d 347· Fla. 3d DCA· 1959-08-27 ·cited 33×
  North Dade Water Co. and the City of North Miami Beach appealed a temporary injunction preventing them from discharging sewage effluent into lakes on Adken Land Co.'s property. The court affirmed the injunction, holding that the chancellor did not abuse discretion in granting it
• Long v. Sec'y, Dep't OF Corr., Warden, Fla. State Prison, John Does, as designee of Barry Reddish, and/or Mark S. Inch
  924 F.3d 1171· 11th Cir.· 2019-05-22 ·cited 32×
• Atomic Tattoos, LLC v. Morgan
  45 So. 3d 63· Fla. 2d DCA· 2010-09-10 ·cited 32×·via Presumption Of Irreparable Injury
  Atomic Tattoos sought enforcement of a restrictive covenant against a former independent contractor tattoo artist who opened a competing business within the restricted geographic area and solicited the company's customers. The appellate court reversed the trial court's denial of
• Jenne v. Maranto
  825 So. 2d 409· Fla. 4th DCA· 2002-05-08 ·cited 32×
  A Sheriff of Broward County appealed the trial court's denial of his Eleventh Amendment immunity claim in an Equal Pay Act lawsuit brought by a female employee. The court held that the Sheriff, as a county official, is not an arm of the State entitled to Eleventh Amendment protec
• O'Bryan v. McKASKLE
  729 F.2d 991· 5th Cir.· 1984-03-29 ·cited 32×
  The court denied the applications for a stay of execution and a certificate of probable cause, finding the movant failed to make a substantial showing of the denial of a federal right.
• Friendship Materials, Inc. v. Mich. Brick, Inc.
  679 F.2d 100· 6th Cir.· 1982-05-26 ·cited 32×
  A preliminary injunction cannot be granted without findings of irreparable injury to the plaintiff, even when using the 'balance of hardships' test.
• Brady Belcher v. Birmingham Tr. Nat'l Bank
  395 F.2d 685· 5th Cir.· 1968-05-21 ·cited 32×
  The court denied the motion for a stay pending appeal because the appellants failed to demonstrate a strong likelihood of success on the merits or irreparable injury.
• Nedrick Young v. Motion Picture Ass'n OF Am., Inc.
  299 F.2d 119· D.C. Cir.· 1962-01-18 ·cited 32×
  The denial of a preliminary injunction will not be set aside unless the District Court's action constitutes clear error or abuse of discretion, and the record supported the trial court's findings.
• Cramp v. Bd. OF Pub. Instruction OF Orange Cnty.
  118 So. 2d 541· Fla.· 1960-03-04 ·cited 32×
  Teacher Cramp challenged a Florida statute requiring public employees to take a loyalty oath, claiming it violated his First Amendment rights. The Florida Supreme Court affirmed the trial court's denial of a temporary injunction, holding that Cramp failed to plead sufficient fact
• Midwest Haulers, Inc. v. Brady
  128 F.2d 496· 6th Cir.· 1942-06-02 ·cited 32×
  The court held that a taxpayer may seek to enjoin the collection of taxes if the remedy at law is inadequate and collection would destroy the taxpayer's business and property, notwithstanding statutory prohibitions against such suits.
• Fitzgerald v. Peek
  636 F.2d 943· 5th Cir.· 1981-01-14 ·cited 31×
  The court held that a showing of bad faith prosecution, motivated by retaliation or harassment, justifies federal interference in pending state court criminal proceedings.
• Productos Carnic, S.A. v. Cent. Am. Beef & Seafood Trading Co.
  621 F.2d 683· 5th Cir.· 1980-07-14 ·cited 31×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to preserve the status quo, but modified the injunction to require the sale of the disputed beef.
• Amalgamated Transit Union, Div. 1384 & the Amalgamated Council of Greyhound Divisions, AFL-CIO v. Greyhound Lines, Inc.
  529 F.2d 1073· 9th Cir.· 1976-01-30 ·cited 31×
  A party seeking to maintain the status quo pending arbitration under § 301 of the LMRA need only show that their position in arbitration is not plainly without merit, and the bond for a preliminary injunction can include attorneys' fees.
• Cousins v. Wigoda
  463 F.2d 603· 7th Cir.· 1972-06-29 ·cited 31×
  The court held that vacating a preliminary injunction against a state court action seeking to suppress First Amendment rights was an abuse of discretion.
• Masters Freight, Inc. v. Servco, Inc.
  915 So. 2d 666· Fla. 2d DCA· 2005-10-12 ·cited 30×·via Likelihood Of Irreparable Harm
  The court held that a temporary injunction must specify the reasons for its entry and include clear findings supporting the four required elements.
• Tri-State Generation & Transmission Ass'n, Inc. v. Shoshone River Power, Inc.
  874 F.2d 1346· 10th Cir.· 1989-05-05 ·cited 30×
  The court held that the contract contained an implied covenant for Shoshone to stay in business for the duration of the contract, so long as its members have a need for power, and that the district court's denial of a permanent injunction should be vacated and set aside.
• Stieberger v. Bowen
  801 F.2d 29· 2d Cir.· 1986-09-08 ·cited 30×
  The preliminary injunction against the Secretary of Health and Human Services is vacated because a subsequent, less far-reaching remedy ordered in a related case (Schisler v. Heckler) addresses the core issues concerning the treating physician rule.
• Columbus Bridges and Alma P. Bridges v. Carlton Williamson
  449 So. 2d 400· Fla. 2d DCA· 1984-05-02 ·cited 30×
  Florida's statutory notice requirement for defamation actions does not apply to nonmedia defendants, even if their statements are republished by the media.
• Shaffer v. Globe Prot., Inc.
  721 F.2d 1121· 7th Cir.· 1983-11-21 ·cited 30×
  The court held that the denial of a preliminary injunction was not an abuse of discretion, and an appeal of that denial does not bring up for review prior interlocutory orders dismissing a conspiracy claim and denying class certification.
• dos Santos v. Columbus-Cuneo-Cabrini Med. Ctr.
  684 F.2d 1346· 7th Cir.· 1982-08-10 ·cited 30×
  The court held that the district court abused its discretion in granting a preliminary injunction because the plaintiff failed to demonstrate irreparable injury, a favorable balance of hardships, or a lack of adverse impact on the public interest.
• Bolden v. The Pa. State Police
  578 F.2d 912· 3d Cir.· 1978-04-17 ·cited 30×
  The court held that the district court abused its discretion in denying the McDonald class's motion to intervene as untimely, and that the McDonald class was not adequately represented by the State or FOP.
• City OF Coral Springs v. Fla. Nat'l Props., Inc.
  340 So. 2d 1271· Fla. 4th DCA· 1976-12-24 ·cited 30×
  The court held that the amended complaint failed to state a cause of action for injunctive relief because it did not sufficiently allege irreparable harm.
• Barnes v. Chatterton
  515 F.2d 916· 3d Cir.· 1975-05-06 ·cited 30×
  The court held that the employee must exhaust administrative remedies before seeking judicial intervention, as the failure to produce documents did not constitute irreparable injury or a clear violation of rights.
• Hill v. City OF EL Paso
  437 F.2d 352· 5th Cir.· 1971-01-05 ·cited 30×
  The court affirmed the dismissal, holding that federal courts should abstain from deciding a constitutional challenge to a local ordinance when state courts can resolve the underlying state law issues, and that federal courts are generally prohibited from enjoining pending state
• Cooper v. Fulton
  107 So. 2d 798· Fla. 3d DCA· 1959-01-06 ·cited 30×
  In an interlocutory appeal of a discovery order, the Third District Court of Appeal reversed a trial court's order requiring defendants to produce insurance policy records and customer information during the preliminary stages of a partnership dissolution suit. The court held tha
• Carney v. Hadley
  32 Fla. 344· Fla.· 1893-06-01 ·cited 30×·via Irreparable Damage
  The Florida Supreme Court reversed a lower court's decree granting a perpetual injunction against trespassers who were boxing pine trees for turpentine production on the complainants' land. The court held that the working of pine trees for turpentine in the customary manner does
• DR. Navarro's Vein Ctr. OF the Palm Beach, Inc. v. Miller
  22 So. 3d 776· Fla. 4th DCA· 2009-11-18 ·cited 29×
  The court granted a writ of certiorari and reversed the trial court's denial of a motion to dismiss in a medical malpractice case involving laser hair removal. The court held that despite the plaintiff's characterization of the procedure as cosmetic, the factual allegations estab