Justiciable Controversy

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

• Int'l Longshoremen's Ass'n, AFL-CIO v. Seatrain Lines, Inc.
  326 F.2d 916· 2d Cir.· 1964-01-27 ·cited 32×
  A justiciable controversy exists regarding the legality of employer payments to a union under Section 302, and such payments in lieu of a dues check-off are prohibited.
• Anderson v. City OF Albany
  321 F.2d 649· 5th Cir.· 1963-07-26 ·cited 32×
  The court held that the plaintiffs lacked standing to seek injunctive relief because they failed to prove their individual rights were denied, and the issues raised on appeal had become moot due to the repeal of segregation ordinances and other changed circumstances.
• The Cal. Or. Power Co. v. Fed. Power Comm'n
  239 F.2d 426· D.C. Cir.· 1956-10-25 ·cited 32×
  The court held that the petitioner's challenge to the Federal Power Commission's assertion of jurisdiction based on the use of surplus water was not ripe for judicial review because no immediate obligation or concrete harm had been imposed.
• Env't Confederation OF Sw. Fla., Inc. v. IMC Phosphates, Inc.
  857 So. 2d 207· Fla. 1st DCA· 2003-07-31 ·cited 31×
  The court held that environmental advocacy groups denied standing to initiate an administrative challenge to an environmental permit have standing to appeal that denial, because the deprivation of the right to initiate a proceeding constitutes an injury sufficient for judicial re
• Community-Service Broad. OF Mid-America, Inc. v. Fed. Commc'ns Comm'n & United States
  593 F.2d 1102· D.C. Cir.· 1978-08-25 ·cited 31×
  The statute is valid and should be given its plain reading, and the court should not issue an advisory opinion based on speculative fears of misuse.
• Waialua AGR. Co. v. Maneja
  178 F.2d 603· 9th Cir.· 1949-11-10 ·cited 31×
  The court held that the trial court's judgment was a nullity because it lacked specific findings of fact and a definite mandate, rendering the cause moot and procedurally defective.
• Rhea v. The Dist. Bd. OF Trs. OF Santa FE Coll.
  109 So. 3d 851· Fla. 1st DCA· 2013-03-13 ·cited 30×
  Darnell Rhea, a former adjunct professor at Santa Fe College, appealed the dismissal of his complaint seeking disclosure of a student's name in an email complaint about his teaching. The court affirmed dismissal, holding that the student email directly relates to the student auth
• B & B Chem. Co., Inc. v. United States Env't Prot. Agency
  806 F.2d 987· 11th Cir.· 1986-12-22 ·cited 30×
  The court held that B&B's appeal is moot because the administrative warrant has been executed, and no exceptions to the mootness doctrine apply.
• Davis v. Vill. Park II Realty Co.
  578 F.2d 461· 2d Cir.· 1978-04-21 ·cited 30×
  The court held that the alleged chilling effect on First Amendment rights, coupled with potential nominal damages and attorney fees, is sufficient to prevent a civil rights claim from becoming moot, even if injunctive relief is no longer possible.
• Warner E. Grable v. Hillsborough Cnty. Port Auth.
  132 So. 2d 423· Fla. 2d DCA· 1961-08-18 ·cited 30×
  Warner Grable, as an elector and taxpayer in the Hillsborough County Port District, sought declaratory judgment challenging the Port Authority's sale of 29 acres of filled land to Atlantic Land and Improvement Company at $50 per acre. The court dismissed the complaint, finding no
• Aralac, Inc. v. Hat Corp. of Am.
  166 F.2d 286· 3d Cir.· 1948-02-10 ·cited 30×
  The court held that the plaintiff, a seller of casein fiber, did not have a sufficient legal interest to bring a declaratory judgment action challenging the validity of the defendant's patents, as the alleged infringement related to a process used by plaintiff's customers, not th
• Sellers v. The Regents OF the Univ. OF Cal.
  432 F.2d 493· 9th Cir.· 1970-09-17 ·cited 29×
  The court held that the district court properly dismissed the complaint, refusing to convene a three-judge court, as there was no genuine threat of irreparable harm or chilling effect on First Amendment rights to warrant injunctive relief.
• Raleigh Wilson, Sr. v. Cnty. OF Orange
  881 So. 2d 625· Fla. 5th DCA· 2004-08-06 ·cited 28×
  The Wilsons appealed the dismissal of their complaint alleging that Orange County violated their constitutional rights through code enforcement procedures. The court reversed the dismissal of all five counts, holding that the Wilsons sufficiently pleaded a § 1983 claim and proper
• Burton M. Abrams and Marguerite M. Abrams v. Interco Inc.
  719 F.2d 23· 2d Cir.· 1983-09-28 ·cited 28×
  A judgment on the merits in favor of a plaintiff is final and appealable under 28 U.S.C. § 1291 even if statutory attorneys' fees remain undetermined. Denial of class certification is reviewed for abuse of discretion, but this standard is flexible and allows for reversal if the d
• Cel-A-Pak v. Cal. Agric. Labor Relations Bd., United Farm Workers of Am., AFL-CIO
  680 F.2d 664· 9th Cir.· 1982-07-02 ·cited 28×
  The court held that the notice of appeal was untimely for the underlying judgment, but timely for the denial of the Rule 60(b) motion, which is reviewed only for abuse of discretion. The district court did not abuse its discretion in denying the motion.
• N. Ohio Lung Ass'n & Patricia Smith v. Env't Prot. Agency
  572 F.2d 1143· 6th Cir.· 1978-02-02 ·cited 28×
  The court held that the EPA Administrator did not err in approving Ohio's revised attainment date for particulate matter emissions, and that the utilities' claims of technological infeasibility were foreclosed by prior Supreme Court precedent.
• Linus Pauling v. Globe-Democrat Publ'g Co.
  362 F.2d 188· 8th Cir.· 1966-06-21 ·cited 28×
  The court held that the principle of New York Times v. Sullivan, requiring proof of actual malice for defamation, applies to public figures who thrust themselves into the vortex of public controversy, even if they are not public officials. Therefore, critical comment free from ma
• Borror v. Sharon Steel Co.
  327 F.2d 165· 3d Cir.· 1964-01-27 ·cited 28×
  The court held that the administrator, as a statutory representative with diverse citizenship, has the capacity to sue under Rule 17(a) and that the court has jurisdiction over the wrongful death action, potentially through pendent jurisdiction with the survival action.
• Conf. OF Fed. Sav. & Loan Ass'ns v. Stein
  604 F.2d 1256· 9th Cir.· 1979-09-26 ·cited 27×
  The court held that the federal Home Owners' Loan Act and its regulations comprehensively regulate federal savings and loan associations, preempting state attempts to impose their own regulatory controls.
• Alliance TO END Repression v. City OF Chicago
  820 F.2d 873· 7th Cir.· 1987-05-26 ·cited 26×
  The Court held that the plaintiffs' pursuit of an advisory opinion on constitutional law, after settling their monetary claims, did not constitute a "prevailing" party status for attorney fees under 42 U.S.C. § 1988, as there was no longer a justiciable controversy.
• Dep't OF Ins. v. Dade Cnty. Consumer Advocate's Off.
  492 So. 2d 1032· Fla.· 1986-06-03 ·cited 26×
  The Florida Supreme Court held that state anti-rebate statutes prohibiting insurance agents from offering rebates of their commissions to customers are unconstitutional under the state constitution's due process clause. The Court found these statutes unjustifiably restrict consum
• LEE Pharms. v. Kreps
  577 F.2d 610· 9th Cir.· 1978-06-29 ·cited 26×
  Abandoned patent applications are not producible under FOIA because 35 U.S.C. § 122 is a specific statutory exemption, and no justiciable controversy exists regarding the Patent Office's procedures for considering prior art.
• The Fifth Ave. Peace Parade Comm. v. L. Patrick Gray 3rd
  480 F.2d 326· 2d Cir.· 1973-06-12 ·cited 26×
  The court held that plaintiffs failed to present a justiciable controversy because they could not point to any specific present objective harm or threat of future harm resulting from the FBI's investigation, thus affirming the dismissal of their complaint.
• Dale Elecs., Inc. v. R. C. L. Elecs., Inc.
  488 F.2d 382· 1st Cir.· 1973-12-05 ·cited 25×
  The court affirmed the invalidity of several patents for obviousness and failure to disclose the best mode, reversed the dismissal of a counterclaim, and affirmed judgments on unfair competition and fees.
• Hargrave v. Fibreboard Corp.
  710 F.2d 1154· 5th Cir.· 1983-08-01 ·cited 24×
  The court held that the district court erred in denying T&N's motion to dismiss for lack of personal jurisdiction in Fults, vacating the summary judgment and remanding for dismissal. The court affirmed the summary judgment in Hargrave.
• Advocates FOR the Arts v. Meldrim Thomson, Jr.
  532 F.2d 792· 1st Cir.· 1976-03-31 ·cited 24×
  The First Amendment does not prohibit state officials from denying a grant-in-aid to a literary magazine based on their subjective judgment of the content of a past publication, as this is not a prior restraint on speech.
• Muller v. Olin Mathieson Chem. Corp.
  404 F.2d 501· 2d Cir.· 1968-11-29 ·cited 24×
  The court held that the district court erred in dismissing the complaint with prejudice for failure to state an actual controversy, as the circumstances presented a justiciable controversy under the Declaratory Judgment Act.
• El Paso Bldg. & Constr. Trades Council v. El Paso Chapter Associated Gen. Contractors of Am.
  376 F.2d 797· 5th Cir.· 1967-05-09 ·cited 24×
  The court held that a subcontracting clause in a collective bargaining agreement within the construction industry is valid under LMRA Section 8(e) and that a district court has jurisdiction to issue a declaratory judgment regarding such a clause.
• Am. Airlines, Inc. v. Civil Aeronautics Bd.
  178 F.2d 903· 7th Cir.· 1949-12-08 ·cited 24×
  The court held that the Civil Aeronautics Board (CAB) did not err in authorizing air freight forwarders to operate indirectly, as the CAB properly interpreted statutory provisions allowing for exemptions for indirect carriers and correctly applied limitations on acquisitions of c
• G. Heileman Brewing Co., Inc. v. Anheuser-Busch, Inc.
  873 F.2d 985· 7th Cir.· 1989-04-26 ·cited 22×
  The court held that the initials 'LA' are merely descriptive for low alcohol beer and have not acquired secondary meaning, thus not being protectible as a trademark. The court also affirmed the district court's exercise of subject matter jurisdiction over Miller's declaratory jud
• State of Fla. Dep't OF Env't Prot. v. Garcia
  99 So. 3d 539· Fla. 3d DCA· 1989-02-01 ·cited 22×
  The Florida Department of Environmental Protection appealed a declaratory judgment that allowed Juan Garcia and his parents to potentially submit a claims bill to the Legislature for damages exceeding statutory liability limits. The court reversed, finding the trial court lacked
• Mendez v. Hon. Louis B. Heller
  530 F.2d 457· 2d Cir.· 1976-02-10 ·cited 22×
  The court dismissed the case for lack of ripeness, finding that federal jurisdiction had not yet attached because the appellants had not filed a divorce complaint in state court.
• Int'l Tape Mfrs. Ass'n v. Gerstein
  494 F.2d 25· 5th Cir.· 1974-05-13 ·cited 22×
  The court held that the case was not ripe for adjudication because the record did not demonstrate a justiciable controversy, and thus the trial court prematurely granted judgment.
• Jones v. Wade
  479 F.2d 1176· 5th Cir.· 1973-05-30 ·cited 22×
  The court granted a petition for rehearing en banc, vacating the prior panel decision.
• Fowler v. Abner Alexander
  478 F.2d 694· 4th Cir.· 1973-05-07 ·cited 22×
  The dissenting judge believes the appellant has standing to challenge the statute due to past involvement and potential future prosecution.
• Finley v. Hampton
  473 F.2d 180· D.C. Cir.· 1972-12-22 ·cited 22×
  The dissenting judge believes the court should order the expungement of objectionable statements from the appellant's record, similar to a prior ruling in Newell v. Ignatius.
• Itzcovitz v. Selective Serv. Local Bd. No. 6
  447 F.2d 888· 2d Cir.· 1971-09-01 ·cited 22×
  The court held that the alien's planned short business trip abroad would not constitute a new 'entry' into the United States, thus the INS could not exclude him upon return.
• Lampkin v. Connor
  360 F.2d 505· D.C. Cir.· 1966-04-14 ·cited 22×
  The court held that the appellants' request for declaratory relief was premature due to intervening Congressional action and the timing of the relief sought.
• Howard v. ST. Louis-San Francisco Ry. Co.
  191 F.2d 442· 8th Cir.· 1951-09-11 ·cited 22×
  An agreement exacted under threat of strike to abolish one craft's position and transfer it to another, without regard to the first craft's rights, is an invalid predatory appropriation, not a mere jurisdictional dispute, and cannot be used to deprive employees of their jobs.
• State Farm Fire & Cas. Co. v. Fleet Fin. Corp.
  724 So. 2d 1218· Fla. 5th DCA· 1998-12-18 ·cited 21×
  State Farm sought a declaratory judgment regarding its duty to defend an insured (Fleet) in an underlying fraud lawsuit. The trial court entered summary judgment against State Farm, finding it lacked jurisdiction because the underlying lawsuit had been settled. The appellate cour
• Peregood v. Cosmides
  663 So. 2d 665· Fla. 5th DCA· 1995-10-27 ·cited 21×
  Michael Peregood, a minor, challenged his adoption by his natural mother on grounds that it was a sham designed to circumvent child support obligations. The trial court dismissed his declaratory action, but the appellate court reversed, holding that a minor can have standing to c
• Kunkel v. Cont'l Cas. Co.
  866 F.2d 1269· 10th Cir.· 1989-01-30 ·cited 21×
  The court held that the district court properly exercised jurisdiction under the Declaratory Judgment Act to determine the limits of an insurance policy's coverage, even though the underlying liability and coverage exceptions were not yet resolved.
• State OF Haw. v. Standard OIL Co. OF Cal.
  431 F.2d 1282· 9th Cir.· 1970-09-25 ·cited 21×
  A state cannot maintain a suit for treble damages under § 4 of the Clayton Act for injury done to the general economy of the state.
• United States v. United Steelworkers OF Am.
  271 F.2d 676· 3d Cir.· 1959-10-27 ·cited 21×
• United States Fire Ins. Co. v. Caulkins Indiantown Citrus Co.
  931 F.2d 744· 11th Cir.· 1991-05-16 ·cited 20×
  The court held that the settlement agreement mooted the controversy between the insurer and the insured group, and that the primary insurers were not obligated to indemnify the excess insurer because their policies did not cover discrimination claims.
• Browning Debenture Holders' Comm. v. Dasa Corp. & Arthur Andersen & Co.
  524 F.2d 811· 2d Cir.· 1975-10-03 ·cited 20×
  The court held that claims seeking only declaratory relief for past proxy violations are moot and not justiciable, and that interlocutory orders regarding pretrial discovery are not immediately appealable.
• Socialist Workers Party v. Attorney Gen. OF the United States
  510 F.2d 253· 2d Cir.· 1974-12-24 ·cited 20×
  The court held that issuing a broad injunction against the FBI's surveillance practices based on conflicting affidavits was an abuse of discretion, but that transmitting attendee names to the Civil Service Commission should be enjoined.
• TRW, Inc. v. Ellipse Corp. & Ford Motor Co.
  495 F.2d 314· 7th Cir.· 1974-04-22 ·cited 20×
  The court held that TRW, as a non-party indemnitor with limited participation in prior litigation, was in privity with the defendant and thus bound by the prior judgment, and that no justiciable controversy existed for a declaratory judgment action.
• Broadview Chem. Corp. v. Loctite Corp.
  474 F.2d 1391· 2d Cir.· 1973-03-13 ·cited 20×
  The court affirmed the district court's judgment of non-infringement, finding no error in its refusal to specify the reasons for non-infringement or to declare the patents invalid.
• Rosado v. Wyman
  437 F.2d 619· 2d Cir.· 1970-12-21 ·cited 20×
  The court affirmed the permanent injunction, holding that a justiciable controversy existed and that the state's revised welfare schedules did not adequately account for all prior items of need.