Permanent Injunction

757 Florida cases classified under this topic, plus 75 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Durasys v. Leyba
  992 F.2d 1465· 7th Cir.· 1993-05-11
  The court affirmed the district court's judgment, holding that the calculation of lost profits and the denial of a permanent injunction were not erroneous.
• Wang Labs., Inc. v. Toshiba Corp.
  993 F.2d 858· Fed. Cir.· 1993-05-10
  The court held that prosecution history estoppel barred the patentee from asserting infringement under the doctrine of equivalents for lateral memory modules because the 'single row' limitation was added to overcome prior art. The court also found that the patentee was estopped f
• Town OF W. Hartford v. Operation Rescue
  991 F.2d 1039· 2d Cir.· 1993-04-21
  The court held that the district court's findings regarding animus and intent to inhibit rights under 42 U.S.C. § 1985(3) require reappraisal in light of the Supreme Court's decision in Bray v. Alexandria Women's Health Clinic, and thus vacated the permanent injunction and remand
• Sec. & Exch. Comm'n v. Gruenberg
  989 F.2d 977· 8th Cir.· 1993-03-31
  The court held that prior criminal convictions, affirmed on direct appeal, collaterally estop the defendants from contesting violations of the Exchange Act in a subsequent civil proceeding seeking permanent injunctions.
• Martin v. Coventry Fire Dist.
  981 F.2d 1358· 1st Cir.· 1992-12-29
  The court held that the special overtime provisions for firefighters under 29 U.S.C. § 207(k) apply even if the employer initially violates them, and damages should be calculated based on those provisions, not the general 40-hour rule.
• Triple G Landfills, Inc. v. Bd. OF Comm'rs OF Fountain Cnty.
  977 F.2d 287· 7th Cir.· 1992-10-05 ·via Request For Permanent Injunction
  The court held that the county ordinance is a zoning ordinance and is therefore invalid under Indiana law because the county has not adopted a comprehensive zoning plan.
• City OF Safety Harbor v. KOS Corp.
  598 So. 2d 241· Fla. 2d DCA· 1992-05-08
  The Court held that the St. Paul ordinance was facially unconstitutional because it prohibited fighting words based on content, which violates the First Amendment. The Court also found that the ordinance was not narrowly tailored to serve compelling state interests and that the l
• Waldine Mikel v. Ewing Gourley
  951 F.2d 166· 8th Cir.· 1991-12-10
  The court held that it lacked jurisdiction to hear the appeal because the district court's order was a clarification, not a modification, of the existing injunction.
• Planned Parenthood Fed'n OF Am. v. Louis Sullivan, M.D.
  940 F.2d 608· 10th Cir.· 1991-08-05
  The court held that the Supreme Court's decision in Rust v. Sullivan requires upholding the 1988 amendments to Title X regulations, reversing the prior injunction.
• United States v. Bayshore Assocs., Inc.
  934 F.2d 1389· 6th Cir.· 1991-05-30
  The court held that the "permanent injunction" was a preliminary injunction, that the TRO extended by stipulation became a preliminary injunction, and that the April 12 contempt order's fine was criminal, while the incarceration was civil.
• Clark v. State
  567 So. 2d 1070· Fla. 3d DCA· 1990-10-16
  The court held that limiting cross-examination of a crucial witness regarding their credibility constitutes error, even in a non-jury proceeding.
• Outboard Marine Corp. & Donzi Marine Corp. v. Donvee Inc.
  907 F.2d 59· 8th Cir.· 1990-06-26
  The court held that the appellant is bound by the terms of the injunction agreed to by its counsel, even if it now disputes the underlying merits.
• Nelson v. Carlson
  904 F.2d 560· 10th Cir.· 1990-06-01 ·via Permanent Injunctive Relief
  A federal prisoner's motion for permanent injunctive relief based on an alleged violation of the Interstate Agreement on Detainers Act (IADA) must be brought in the state court where the charges are pending, not in federal court.
• Capeletti Bros. v. Metro. Dade Cnty.
  735 F. Supp. 1040· S.D. Fla.· 1990-04-13 ·via Request For Permanent Injunction
  Res judicata does not bar plaintiffs from challenging the county's race-conscious affirmative action plan due to significant changes in constitutional law, and a supplemental hearing is required to assess the plan's validity under current standards.
• Palm-Aire Country Club Apts. Condo., Inc. v. FPA Corp.
  559 So. 2d 277· Fla. 4th DCA· 1990-03-28
  Condominium associations sought a constructive trust to establish a perpetual right to purchase annual memberships at golf and tennis facilities operated by the developer, FPA Corporation. The trial court found the associations failed to prove they had a legal right to use the fa
• Jennings Water, Inc. v. City OF N. Vernon
  895 F.2d 310· 7th Cir.· 1989-07-28
  The court held that 7 U.S.C. § 1926(b) prohibits a municipality from curtailing service provided by a rural water association indebted to the FmHA, and this protection cannot be waived by equitable estoppel.
• United States v. Agnew
  878 F.2d 219· 8th Cir.· 1989-06-19
  The court held that the injunction was sufficiently specific and that the appellant willfully violated its terms by engaging in business requiring bonding under the Packers and Stockyards Act without obtaining the required bond.
• Karyn Ridgeway v. Mont. High Sch. Ass'n
  858 F.2d 579· 9th Cir.· 1988-10-04
  The court affirmed the district court's denial of a permanent injunction regarding the scheduling of girls' high school basketball and volleyball seasons.
• Lawrence v. Knowles
  533 So. 2d 796· Fla. 4th DCA· 1988-09-28
• Am. Littoral Soc'y v. Herndon
  720 F. Supp. 942· S.D. Fla.· 1988-06-10
  The court held that the Corps of Engineers adequately considered the project's impact on recreation and that the City's compliance, past and promised, satisfied the Fish and Wildlife Service's requirements under the Endangered Species Act.
• Rowland v. United States Dist. Court FOR the N. Dist. OF Cal.
  849 F.2d 380· 9th Cir.· 1988-06-07
  The majority unduly confined the district court's equitable powers by issuing mandamus and preventing an inspection to determine if an injunction was violated.
• Hillsborough Cnty. & Univ. of S. Fla. v. Snyder
  516 So. 2d 1105· Fla. 2d DCA· 1987-12-18
  An executive director of the Humane Society sought to enjoin Hillsborough County and USF from transferring animals from the county pound to the university for medical research (pound seizure). The trial court granted the injunction, finding the practice violated the county's ordi
• United States v. Lehder-Rivas
  669 F. Supp. 1563· M.D. Fla.· 1987-09-18
  The court held that a defendant's First Amendment rights to conduct a jury profile survey must yield to the government's compelling interest in ensuring a fair trial, especially when the survey poses a serious and imminent threat to the administration of justice.
• Beeler v. State
  513 So. 2d 710· Fla. 1st DCA· 1987-09-17
  The Florida First District Court of Appeal reversed the trial court's denial of motions to dissolve a temporary injunction and appointment of a receiver that were granted without notice to the appellants in a securities fraud investigation. The court held that the State failed to
• Ins. Corp. OF Am. v. State
  509 So. 2d 1235· Fla. 4th DCA· 1987-07-08
• J.F. Williams and Dura Williams v. City OF Arcadia
  501 So. 2d 148· Fla. 2d DCA· 1987-01-23
  A property licensed by the state as a public lodging establishment (transient apartment) under chapter 509, Florida Statutes, cannot be deemed a 'migrant labor camp' under chapter 381 merely because migrant workers occupy it, as the legislature intended such facilities to be regu
• Cnty. Sanitation Dist. NO. 2 OF LOS Angeles Cnty. v. Inland Container Corp.
  803 F.2d 1074· 9th Cir.· 1986-11-04
  The court held that the District's suit seeking equitable relief was inequitable because it failed to join an indispensable party (Chino) and attempted to circumvent a mandatory arbitration clause.
• Preemption Devices, Inc. v. Minn. Mining & Mfg. Co.
  803 F.2d 1170· Fed. Cir.· 1986-09-24
  The court held that sales of specified components were contemptuous violations of the injunction, but remanded for findings on whether modified devices infringed the patent claims.
• Town OF Islip v. Eastern AIR Lines
  793 F.2d 79· 2d Cir.· 1986-06-16
  The court held that the judgment of civil contempt was improper because the district court's injunction orders were ambiguous and Eastern took reasonable steps to seek clarification.
• THE Florida BAR v. Snapp
  472 So. 2d 459· Fla.· 1985-06-27
  The Florida Supreme Court permanently enjoined James E. Snapp from the unauthorized practice of law, including representing others for a fee in insurance and personal injury disputes and giving legal advice, based on his admission of the allegations.
• Minn. Pub. Interest Research Grp. (Mpirg) v. Selective Serv. Sys.
  747 F.2d 1204· 8th Cir.· 1984-11-05
  The court held that the case is moot because the Supreme Court has upheld the constitutionality of the statute, rendering the original controversy non-justiciable.
• Am. Health Prods. Co. v. Hayes
  744 F.2d 912· 2d Cir.· 1984-09-11 ·via Permanent Injunctive Relief
  The court affirmed the district court's holding that starchblockers are a drug under 21 U.S.C. § 321(g)(1)(C) and affirmed the grant of injunctive relief.
• Motel 6, Inc. v. Ira Vernon Pfile
  718 F.2d 80· 3d Cir.· 1983-09-30
  The court held that the Pfiles subjected their property to an open, visible, continuous, and permanent easement for sewage treatment in favor of the motel, and thus Motel 6 is entitled to an implied easement.
• United States v. Generix Drug Corp.
  707 F.2d 835· 5th Cir.· 1983-06-16 ·via Permanent Injunctive Relief
  The court affirmed the district court's preliminary injunction, vacating its prior judgment, consistent with the Supreme Court's ruling that generic drugs require FDA approval.
• Miller v. Carson
  550 F. Supp. 543· M.D. Fla.· 1982-11-04
  In a civil contempt proceeding arising from violations of a permanent injunction governing conditions at the Duval County Jail, the court found that defendants exceeded the court-ordered inmate capacity limit on October 10 and 11, 1982, and imposed a $10,000 fine despite defendan
• Sec. & Exch. Comm'n v. The Fundpack, Inc.
  666 F.2d 612· D.C. Cir.· 1981-10-13
  The court remanded the case to the District Court for a statement of reasons justifying the breadth of each injunction, considering prior precedent.
• THE Florida BAR v. Anson Klinger
  400 So. 2d 14· Fla.· 1981-06-11
  The Florida Supreme Court held that Anson Klinger (alias Andrew Peters), an unlicensed person, engaged in the unauthorized practice of law by signing legal documents as an attorney and filing suit documents as counsel for his company, Just Lamps, Inc. The Court imposed a $1,000 f
• Commodity Futures Trading Comm'n v. Incomco, Inc.
  649 F.2d 128· 2d Cir.· 1981-05-12
  The court held that the district court prematurely dismissed the CFTC's action for injunctive relief, as disputed issues of fact regarding the likelihood of future violations and mootness remained.
• Alton J. Bailey v. Ryan Stevedoring Co., Inc.
  613 F.2d 588· 5th Cir.· 1980-03-14
  The court held that the district court erred in dismissing the plaintiff's Title VII action and refusing to enforce the prior mandate, as intervening Supreme Court decisions did not justify setting aside the mandate.
• The City OF Miami v. Miami Dolphins, Ltd.
  374 So. 2d 1156· Fla. 3d DCA· 1979-09-18
  The court held that the trial court properly determined the concessionaire had the exclusive right to sell beverages in the stadium based on the contract and parties' conduct.
• Quaintance v. Pinegree
  49 Fla. Supp. 165· Duval Cty. Cir. Ct.· 1979-09-13
  This class action case addresses whether the Florida Department of Health and Rehabilitative Services violated state law by failing to timely initiate judicial reviews for dependent children in foster care. The court certified a class of all such children and granted summary judg
• Britton v. Humphreys Mem'l Hosp.
  370 So. 2d 433· Fla. 1st DCA· 1979-05-04
  A physician was denied medical staff and surgical privileges at a hospital after voluntary withdrawal and sought injunctive relief and damages, claiming denial of due process. The trial court found the hospital afforded proper due process and denied the physician's claims, which
• THE Florida BAR v. Moore
  345 So. 2d 728· Fla.· 1977-04-29
  The Court accepted the stipulated settlement and permanently enjoined James P. Moore from practicing law in Florida until he becomes a member of The Florida Bar.
• Palladeno v. Dade Cnty.
  45 Fla. Supp. 38· Fla. Cir. Ct.· 1976-02-29
  The court denied a request for a permanent injunction to stop a proposed charter amendment election, finding the plaintiff filed too late and that the amendment was properly presented.
• United Broad. Co., Inc. v. Armes
  526 F.2d 353· 5th Cir.· 1976-01-22
  The court affirmed the district court's refusal to hold the appellee in contempt.
• Chanel, Inc. v. Smith
  528 F.2d 284· 9th Cir.· 1976-01-08
  The court held that the injunction was neither too broad nor too narrow, and that Smith was not entitled to damages or attorney's fees.
• THE Florida BAR v. Neadel
  297 So. 2d 305· Fla.· 1974-06-26
  The court held that advertising, soliciting, and arranging for foreign divorces constitutes the unauthorized practice of law in Florida, warranting contempt and permanent injunction.
• Harthman v. Arthur Witty (dba Arthur Witty Fort Mylner Shopping Center)
  480 F.2d 337· 3d Cir.· 1973-06-19
  The appellate court held that a broad permanent injunction prohibits all future pollution, regardless of source, and that the trial court erred in requiring a new suit for a different type of pollution. However, the court also held that the per diem penalty was not automatically
• Unique Caterers, Inc. v. Pollifrone
  279 So. 2d 345· Fla. 3d DCA· 1973-06-19
  An interlocutory order requiring a corporation to provide five days' notice before selling or conveying a major or material portion of its assets must be reversed as too vague and indefinite regarding the corporation's permitted and prohibited actions, the type of notice required
• THE Florida BAR v. Counseling
  270 So. 2d 365· Fla.· 1972-12-06
  The Florida Supreme Court permanently enjoined respondents from engaging in the unauthorized practice of law after they admitted to advertising legal counseling and advice services without being licensed attorneys.