Justiciable Controversy

487 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Martinez v. Scanlan
  582 So. 2d 1167· Fla.· 1991-06-06 ·cited 228×
  The Florida Supreme Court reviewed the trial court's declaration that chapter 90-201 (the Comprehensive Economic Development Act of 1990) was unconstitutional on single subject and separation of powers grounds. The Court upheld the single subject violation but reversed portions o
• Ready v. Safeway Rock Co.
  157 Fla. 27· Fla.· 1946-02-01 ·cited 207×
  Ready purchased land and a lease requiring a rock processing plant of 500 tons per day capacity. When the lessee failed to build to specifications, Ready sought declaratory judgment of his rights under the lease. The Florida Supreme Court affirmed dismissal, holding that the Decl
• Ne. Fla. Chapter OF The Ass'n OF Gen. Contractors OF Am. v. City OF Jacksonville
  896 F.2d 1283· 11th Cir.· 1990-03-02 ·cited 140×
  An association lacks representative standing if its members have not alleged specific, actual or threatened injury sufficient for standing.
• Associated Indus. of N.Y. State, Inc. v. Ickes
  134 F.2d 694· 2d Cir.· 1943-02-08 ·cited 131×
  A consumer is a 'person aggrieved' under Section 6(b) of the Bituminous Coal Act and has standing to seek review of price-fixing orders, even without demonstrating a direct invasion of a private substantive interest.
• Pittston Stevedoring Corp. & the Home Ins. Co. v. Dellaventura
  544 F.2d 35· 2d Cir.· 1976-07-01 ·cited 128×
  The court held that the 1972 amendments to the Longshore and Harbor Workers' Compensation Act were intended to cover injuries occurring during loading and unloading between the ship and the first point of rest, and not thereafter.
• Kan. City Power & Light Co. v. McKAY
  225 F.2d 924· D.C. Cir.· 1955-04-28 ·cited 108×
  The dissenting judge believes the plaintiffs presented a justiciable controversy and a legal wrong, arguing the court should have proceeded to other jurisdictional issues and the merits.
• Wash. Utils. & Transp. Comm'n v. Fed. Commc'ns Comm'n & United States
  513 F.2d 1142· 9th Cir.· 1975-01-20 ·cited 88×
  The court's majority opinion incorrectly grounds standing for the Washington Utilities & Transportation Commission (WUTC) on the doctrine of parens patriae and for NARUC as a representative of state agencies.
• Dep't OF Admin. v. Mallory E. Horne
  269 So. 2d 659· Fla.· 1972-11-22 ·cited 76×
  This interlocutory appeal addresses whether taxpayers have standing to challenge the constitutionality of provisions in Florida's 1971 General Appropriations Act. The Florida Supreme Court held that taxpayers may sue to challenge appropriations legislation on constitutional groun
• Nat'l Student Ass'n, Inc. v. Hershey
  412 F.2d 1103· D.C. Cir.· 1969-06-06 ·cited 76×
  The court held that Section 10(b)(3) of the Military Selective Service Act does not bar a suit challenging the legality of administrative regulations and official policy, and that a justiciable controversy exists regarding the portion of the Hershey directive authorizing reclassi
• Ne. Dep't Ilgwu Health & Welf. Fund & Sol Hoffman v. Teamsters Local Union NO. 229 Welf. Fund
  764 F.2d 147· 3d Cir.· 1985-05-23 ·cited 70×
  Federal jurisdiction existed over all aspects of the controversy under ERISA's express grant, and the court should not be deterred by procedural formalities.
• Linus C. Pauling v. McELROY
  278 F.2d 252· D.C. Cir.· 1960-04-12 ·cited 70×
  The court held that the appellants lacked standing to sue and that the case did not present a justiciable controversy.
• Keene Corp. v. Ins. Co. OF N. Am.
  667 F.2d 1034· D.C. Cir.· 1981-10-01 ·cited 69×
  The court held that the 'injury' triggering insurance coverage for asbestos-related diseases includes the progressive bodily process from exposure to manifestation, and that manufacturers should not be exempt from liability for uninsured periods.
• Haitian Refugee Ctr. v. Gracey
  809 F.2d 794· D.C. Cir.· 1987-01-09 ·cited 66×
  The Haitian Refugee Center (HRC) lacks Article III standing because it failed to demonstrate a sufficient causal connection between the government's interdiction program and any concrete injury to its organizational purpose or activities.
• United States v. Cariola
  323 F.2d 180· 3d Cir.· 1963-10-03 ·cited 64×
  The court held that a plea entered under judicial coercion or without understanding of consequences is invalid, entitling the petitioner to relief.
• C.R. Bard, Inc. v. Boris Schwartz
  716 F.2d 874· Fed. Cir.· 1983-08-30 ·cited 63×
  A patent licensee may bring a federal declaratory judgment action to declare a patent invalid while the license is still in effect, provided there is a reasonable apprehension of an infringement suit.
• Georgia-Pacific Corp. v. United States Plywood Corp.
  258 F.2d 124· 2d Cir.· 1958-07-01 ·cited 62×
  The court held that claim 1 of the Deskey patent is valid and infringed, and that the Bailey patents were not properly at issue in the district court.
• DOE v. Bailey Marshall
  622 F.2d 118· 5th Cir.· 1980-07-21 ·cited 60×
  A case is moot if the student has graduated and the suit sought only injunctive relief, even if attorneys' fees are requested. However, the mootness does not preclude a determination of attorneys' fees if the plaintiff is a prevailing party.
• Park View Heights Corp. v. The City OF Black Jack
  467 F.2d 1208· 8th Cir.· 1972-09-25 ·cited 56×
  The court held that both corporate plaintiffs and the individual plaintiffs have standing to challenge the zoning ordinance's exclusionary purpose and effect, and that the case is ripe for judicial review.
• Frederick Hart & Co., Inc. v. Recordgraph Corp.
  169 F.2d 580· 3d Cir.· 1948-08-13 ·cited 55×
  The court held that a justiciable controversy exists when a plaintiff alleges threats of infringement and the defendant's actions support such allegations, even if direct threats are denied.
• Byers v. Guinevere E. Byers
  254 F.2d 205· 5th Cir.· 1958-04-07 ·cited 54×
  The court held that declaratory relief was inappropriate because the controversy was too contingent and lacked a necessary party (the trustee) for effective relief.
• Md. Cas. Co. v. Boyle Const. Co., Inc.
  123 F.2d 558· 4th Cir.· 1941-11-10 ·cited 54×
  A federal court may refuse to exercise its declaratory judgment jurisdiction when a state court action involving the same parties and issues is already pending, especially if exercising jurisdiction would merely adjudicate defenses or encroach upon state court matters.
• Jersey Cent. Power & Light Co. v. Local Unions 327
  508 F.2d 687· 3d Cir.· 1975-01-30 ·cited 52×
  The court held that a plant-wide seniority system perpetuating past discrimination can be challenged without proving subjective discriminatory intent.
• Root Ref. Co. v. Universal Oil Prods. Co.
  169 F.2d 514· 3d Cir.· 1948-07-06 ·cited 51×
  The court held that it possesses the inherent power to investigate the integrity of its own judgments, even after the term has expired, and can vacate them if procured by fraud, provided proper adversary safeguards are observed.
• Indep. Bankers Ass'n OF Am. v. Smith
  534 F.2d 921· D.C. Cir.· 1976-03-28 ·cited 50×
  Customer-bank communication terminals (CBCTs) are considered 'branches' under the National Bank Act if they perform any of the functions of receiving deposits, paying checks, or lending money, and thus are subject to state branching restrictions.
• Olive v. Maas
  811 So. 2d 644· Fla.· 2002-02-14 ·cited 49×
  Mark Evan Olive, a death row defense attorney, challenged the constitutionality of fee caps and contract provisions in Florida's capital collateral registry program, seeking declaratory relief and an injunction. The Florida Supreme Court held that trial courts retain inherent pow
• Dep't OF Revenue OF the State OF Fla. v. Markham
  396 So. 2d 1120· Fla.· 1981-03-12 ·cited 49×
  A public official or taxpayer lacks standing to bring a declaratory judgment action questioning a law they are duty-bound to apply, absent a constitutional challenge or special injury.
• Arlo Tatum v. Laird
  444 F.2d 947· D.C. Cir.· 1971-04-27 ·cited 48×
  The court held that the plaintiffs' claims of a chilling effect on their First Amendment rights due to the Army's information gathering, without allegations of actual misuse or concrete threat, did not present a justiciable case or controversy.
• Ervin v. City of N. Miami Beach
  66 So. 2d 235· Fla.· 1953-06-26 ·cited 46×
  The Florida Supreme Court dismissed an appeal by the Attorney General of a declaratory judgment decree that upheld municipalities' power to enforce speed limit ordinances on state and federal highways within their territorial limits. The Court held that the case presented no just
• Boraas v. The Vill. OF Belle Terre
  476 F.2d 806· 2d Cir.· 1973-02-27 ·cited 45×
  The dissenting judge argues that the Village's zoning ordinance is a rational means to achieve legitimate zoning objectives and should be upheld.
• F. Marion Platt et ux. v. Gen. Dev. Corp.
  122 So. 2d 48· Fla. 2d DCA· 1960-07-01 ·cited 45×
  The Platts, as property owners, challenged an order denying their motion to dismiss a declaratory judgment action brought by General Development Corporation and Melbourne Ranches, Inc. regarding the proper construction of a lease-option agreement. The court affirmed, holding that
• Pac. Legal Found. v. State Energy Res. Conservation & Dev. Comm'n
  659 F.2d 903· 9th Cir.· 1981-10-07 ·cited 44×
  Congress has not granted a private cause of action to plaintiffs seeking to enforce the Atomic Energy Act against state statutes.
• Brown & Root, Inc. v. BIG Rock Corp.
  383 F.2d 662· 5th Cir.· 1967-09-12 ·cited 44×
  The court held that it lacked jurisdiction to consider the appeal of the declaratory judgment claim because no actual controversy existed and the lower court's ruling was not a final, appealable judgment. The court also found no reversible error in the other aspects of the trial.
• Rural Electrification Administration v. N. States Power Co.
  373 F.2d 686· 8th Cir.· 1967-02-28 ·cited 44×
  The court held that private power suppliers lack standing to challenge the REA Administrator's loan decisions, as the regulations do not create legally enforceable rights for them and the matter is not a justiciable controversy.
• Seguros Tepeyac v. Maynard Bostrom and James L. Jernigan
  347 F.2d 168· 5th Cir.· 1965-06-16 ·cited 44×
  A claimant cannot sue the insurer directly for the amount of a judgment exceeding policy limits under the Texas Stowers doctrine unless the insured has paid some portion of that excess judgment.
• Cutaiar v. Marshall
  590 F.2d 523· 3d Cir.· 1979-01-12 ·cited 43×
  The court held that the Secretary of Labor's final action determining a violation of ERISA is reviewable and that a loan between two employee benefit plans with identical trustees but non-identical participants constitutes a per se violation of ERISA § 406(b)(2).
• Giuffre v. Edwards
  226 So. 3d 1034· Fla. 4th DCA· 2017-08-30 ·cited 42×
  Virginia Giuffre, a nonparty to a defamation lawsuit, appealed an order striking her motions for sanctions against defendant Alan Dershowitz. The court held that while the trial court erroneously concluded it lacked jurisdiction to consider sanctions motions after voluntary dismi
• Tennessee Coal v. Muscoda Local NO. 123
  137 F.2d 176· 5th Cir.· 1943-07-27 ·cited 42×
  The court held that the determination of what constitutes 'working time' under the Fair Labor Standards Act is a question of fact, and the trial court's finding on this issue was not clearly erroneous.
• Tucker v. Phyfer
  819 F.2d 1030· 11th Cir.· 1987-06-22 ·cited 41×
• Commonwealth of Pa. v. Lynn
  501 F.2d 848· D.C. Cir.· 1974-07-19 ·cited 38×
  The court held that the Secretary of HUD had the discretion to suspend federal housing subsidy programs for program-related reasons to evaluate their effectiveness and ensure they align with congressional policy.
• Abele v. Markle
  452 F.2d 1121· 2d Cir.· 1971-12-13 ·cited 38×
  The court held that non-pregnant women of child-bearing age lack standing to challenge the anti-abortion statutes, but physicians, nurses, and counselors do have standing. The district court erred in dismissing the case for lack of jurisdiction and should have convened a three-ju
• Tallulah Morgan v. Nucci
  831 F.2d 313· 1st Cir.· 1987-09-28 ·cited 37×
  A district court's student assignment desegregation order is justified only by a lack of unitariness in the student assignment process itself, not by the lack of unitariness in other aspects of the school system. The court must vacate such orders if unitariness in assignments has
• Estevez v. Nabers
  219 F.2d 321· 5th Cir.· 1955-02-11 ·cited 37×
  The court held that the second lawsuit was barred by res judicata because the new allegations did not materially differ from the first action and did not create a new justiciable controversy.
• NIX v. Fulton Lodge NO. 2 OF the Int'l Ass'n OF MacHinists & Aerospace Workers
  452 F.2d 794· 5th Cir.· 1971-11-17 ·cited 36×
• Wembley, Inc. v. Superba Cravats, Inc.
  315 F.2d 87· 2d Cir.· 1963-03-08 ·cited 36×
  The court held that the complaint was insufficient to establish a justiciable controversy under the Declaratory Judgment Act due to a lack of clear statement regarding the intention to manufacture.
• Sierra Club v. Rogers C. B. Morton
  514 F.2d 856· D.C. Cir.· 1975-06-16 ·cited 34×
  The court held that the cumulative effect of federal actions related to coal development in the Northern Great Plains constitutes a "major Federal action" requiring a comprehensive environmental impact statement under NEPA, even if the agencies deny a coordinated program exists.
• 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.
• Long v. Dist. OF Columbia
  469 F.2d 927· D.C. Cir.· 1972-09-06 ·cited 34×
• Tech. Tape Corp. v. Minn. Mining & Mfg. Co.
  247 F.2d 343· 2d Cir.· 1957-08-02 ·cited 34×
  The court affirmed the trial court's judgment, finding the Drew II patent valid and infringed, and rejecting the plaintiff's claim of patent misuse.
• Tech. Tape Corp. v. Minn. Mining & MFG. Co.
  200 F.2d 876· 2d Cir.· 1952-12-18 ·cited 34×
  The court held that supplemental pleadings under F.R.C.P. rule 15(d) can be used to update controversies even if the original complaint was initially weak, as long as the parties and core issues remain the same.
• Overseas Media Corp. v. McNAMARA
  385 F.2d 308· D.C. Cir.· 1967-10-03 ·cited 32×
  The court held that the Secretary of Defense's denial of access to military newsstands for a newspaper publisher raises justiciable issues and is not wholly insulated from judicial review.