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

• Am. CAN Co. v. Ishwar Mansukhani
  742 F.2d 314· 7th Cir.· 1984-07-30 ·cited 36×
  The court held that the temporary restraining order was improperly issued ex parte because there was no valid reason for proceeding without notice and it failed to comply with Rule 65(b)'s procedural requirements. The preliminary injunction was also deemed erroneously granted due
• Meredith v. Fair
  306 F.2d 374· 5th Cir.· 1962-07-27 ·cited 36×
  A court has inherent power to review and vacate a stay order issued by a single judge, even if that judge was not part of the deciding panel, especially when the mandate has already issued.
• Adams v. City OF Park Ridge
  293 F.2d 585· 7th Cir.· 1961-08-21 ·cited 36×
  A municipal ordinance prohibiting solicitation of funds for charitable purposes without prior consent of the City Council, which lacks standards for granting or withholding permits and exempts a specific organization, is an unconstitutional prior restraint on free speech and viol
• Chambers Constr. Co. v. Mitchell
  233 F.2d 717· 8th Cir.· 1956-06-05 ·cited 36×
  The court held that construction workers and clerical staff involved in replacing a segment of a municipal water main, which supplied water to interstate commerce users, were engaged in the production of goods for commerce under the Fair Labor Standards Act. It also held that the
• Carter v. United States
  135 F.2d 858· 5th Cir.· 1943-04-12 ·cited 36×
  The dissenting judge believes the conviction for criminal contempt cannot stand because the order disobeyed was void for lack of jurisdiction, and thus not a lawful order.
• Pepsico, Inc. v. Distribuidora La Matagalpa, Inc.
  510 F. Supp. 2d 1110· S.D. Fla.· 2007-06-05 ·cited 34×
  The court granted PepsiCo's motion for default judgment, permanently enjoining Distribuidora from importing and selling materially different foreign PEPSI products in the United States.
• Lewis v. Lewis
  689 So. 2d 1271· Fla. 1st DCA· 1997-03-20 ·cited 34×
  A husband appeals from a domestic violence injunction that awarded temporary custody of the parties' two minor children to the wife without a full evidentiary hearing. The Florida appellate court reversed, holding that Florida statutes and family law rules require a full evidenti
• Berg v. Richmond Unified Sch. Dist.
  528 F.2d 1208· 9th Cir.· 1975-12-09 ·cited 34×
  The court held that the school district's maternity leave policy violated Title VII by discriminating based on sex, and that the district court had proper jurisdiction.
• United States v. El-O-Pathic Pharmacy
  192 F.2d 62· 9th Cir.· 1951-06-18 ·cited 34×
  The court held that the district court erred in denying permanent injunctions against the introduction of allegedly misbranded drugs into commerce, finding the evidence supported the government's claims of misbranding and danger.
• Alphamed Pharms. Corp. v. Arriva Pharms., Inc.
  432 F. Supp. 2d 1319· S.D. Fla.· 2006-05-26 ·cited 33×
  The court granted defendants' motions for judgment as a matter of law and new trial, vacating the jury's verdict because the plaintiff failed to present legally sufficient evidence linking the defendants' conduct to any damages.
• United States v. Corn
  836 F.2d 889· 5th Cir.· 1988-01-21 ·cited 33×
  The court held that the Victim and Witness Protection Act of 1982 does not authorize restitution for losses suffered before January 1, 1983.
• Int'l Union v. Mack Trucks, Inc.
  820 F.2d 91· 3d Cir.· 1987-06-05 ·cited 33×
  The court held that Mack's unilateral change of health insurance carriers violated the collective bargaining agreement and deprived the Union of a valuable bargaining chip, constituting substantial harm. The Norris-LaGuardia Act did not preclude injunctive relief.
• U-Haul Int'l, Inc. v. Jartran, Inc.
  793 F.2d 1034· 9th Cir.· 1986-07-03 ·cited 33×
  The court held that while U-Haul can sue for its own damages, it must join or obtain ratification from other U-Haul System members to recover damages suffered by them, and that the Lanham Act § 35 remedies are available for unregistered marks.
• Milonas v. Williams
  691 F.2d 931· 10th Cir.· 1982-09-13 ·cited 33×
  The court held that the district court did not err in granting class certification and finding that the private school's actions were taken under color of state law for Section 1983 purposes.
• Sec. & Exch. Comm'n v. Wash. Cnty. Util. Dist.
  676 F.2d 218· 6th Cir.· 1982-04-23 ·cited 33×
  The court held that the district court erred in narrowly interpreting securities law liability and failing to consider Patrick's potential liability for aiding and abetting securities law violations through undisclosed kickbacks.
• Donnell Douglas v. Sigler
  386 F.2d 684· 8th Cir.· 1967-11-28 ·cited 32×·via Action For Permanent Injunction
  The court held that a state statute allowing for diminution of sentence based on good behavior is a conditional grant, not a vested right, and its forfeiture does not raise a federal constitutional issue unless administrative due process is violated.
• Larson v. Warren
  132 So. 2d 177· Fla.· 1961-07-26 ·cited 32×·via Action For Permanent Injunction
  The Florida Supreme Court reversed two lower court decisions that had declared provisions of Florida's Driver's Financial Responsibility Act (Chapter 324) unconstitutional as violating due process. The Court held that the Act's license suspension provisions were valid exercises o
• PlayNation Play Sys., Inc. v. Velex Corp.
  939 F.3d 1205· 11th Cir.· 2019-09-24 ·cited 31×
  The court held that Velex and its officers were properly held in civil contempt for violating the injunction and that the award of attorneys' fees was appropriate, affirming the district court's decision.
• Aronowitz v. Health-Chem Corp.
  513 F.3d 1229· 11th Cir.· 2008-01-15 ·cited 30×
  Aronowitz and his entities sued Health-Chem for breach of two contracts: a 2002 joint venture agreement and a 2003 agreement that purportedly superseded it. The district court granted judgment as a matter of law in favor of Health-Chem on the 2002 breach claim, finding the 2003 c
• 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.
• Gweldon Lee Paschall and All Intervenors v. The Kan. City Star Co.
  695 F.2d 322· 8th Cir.· 1982-12-20 ·cited 30×
  The court held that the newspaper's change to an agency distribution system, based on legitimate business justifications and producing no unreasonable anticompetitive effects, did not violate Section 2 of the Sherman Act.
• City OF Cocoa v. Glynn Leffler
  762 So. 2d 1052· Fla. 5th DCA· 2000-07-28 ·cited 29×
  The City of Cocoa appeals a summary judgment ruling that denied its claim for a permanent injunction requiring three employee-inventors to assign their patent rights for a novel bacterial-based hydrogen sulfide removal system developed during their employment. The Florida appella
• In re Hunt v. Hunt
  754 F.2d 1290· 5th Cir.· 1985-03-15 ·cited 29×
  The court affirmed the district court's judgment, holding that the contempt issue was moot due to purging and that the injunction barred further litigation of relinquished claims.
• Panther Pumps & Equip. Co., Inc. v. Hydrocraft, Inc.
  566 F.2d 8· 7th Cir.· 1977-11-01 ·cited 29×
  The court held that the SPRAYMATE B pump is a colorable imitation and equivalent of the infringing SPRAYMATE pump, and thus its manufacture and sale by Universal, Beck's alter ego, violated the injunction. The court also held that Beck and Universal should have been substituted a
• Sec. & Exch. Comm'n v. Cont'l Tobacco Co. OF S.C., Inc.
  463 F.2d 137· 5th Cir.· 1972-06-02 ·cited 29×
• Stagg Shop OF Miami, Inc. v. Moss
  120 So. 2d 39· Fla. 2d DCA· 1960-04-29 ·cited 29×
  Stagg Shop of Miami, Inc. and Stagg Shop of Coral Gables, Inc. sought to enjoin Albert Moss and Maurice Moss from using the name "Stagg Ltd." for their West Palm Beach men's clothing store. The court affirmed dismissal of the complaint, holding that without proof of actual custom
• Lee v. Beach Publ'g Co.
  127 Fla. 600· Fla.· 1937-03-29 ·cited 29×
  The Florida Supreme Court affirmed a permanent injunction requiring Miami's police department to allow a newspaper's reporters and photographers to gather news and inspect police records in accordance with the city charter, while preserving the department's ability to protect leg
• Ciba-Geigy Corp. v. Bolar Pharm. Co., Inc.
  747 F.2d 844· 3d Cir.· 1984-11-02 ·cited 28×
  The court affirmed the district court's grant of a permanent injunction, finding that Bolar's imitation of CIBA's APRESAZIDE trade dress violated both New Jersey unfair competition law and the federal Lanham Act.
• Eli Lilly & Co. v. Premo Pharm. Labs., Inc.
  630 F.2d 120· 3d Cir.· 1980-07-11 ·cited 28×
  The court held that structural similarity alone does not bar patentability for a new chemical compound; its unexpected properties must also be considered. The district court did not err in finding cephalexin nonobvious and did not abuse its discretion in granting a preliminary in
• Mohme v. City OF Cocoa
  328 So. 2d 422· Fla.· 1976-02-25 ·cited 28×
  The Florida Supreme Court upheld the constitutionality of Section 180.191, Florida Statutes, which authorizes municipalities to charge non-city residents up to 50% more for water and sewer services, but reversed the trial court's dismissal of plaintiffs' complaint alleging the ra
• Williams v. The Dade Cnty. Sch. Bd.
  441 F.2d 299· 5th Cir.· 1971-04-05 ·cited 28×
  A 30-day school suspension, in addition to an initial 10-day suspension, requires the "rudiments of an adversary hearing" to satisfy due process. An informal meeting to explain a decision already made is insufficient.
• Hull v. August Petrillo
  439 F.2d 1184· 2d Cir.· 1971-03-17 ·cited 28×
  The court held that the district court erred in dismissing the complaint for failure to state a cause of action, as the alleged campaign of harassment, including the potential application of an unconstitutional ordinance, warranted further factual development.
• Cap. City GAS Co. v. Phillips Petroleum Co.
  373 F.2d 128· 2d Cir.· 1967-02-14 ·cited 28×
  The court held that the district court erred in issuing a permanent injunction without proper notice and a full hearing on the merits, and that a temporary injunction was not warranted due to a lack of irreparable injury.
• Int'l Ladies' Garment Workers' Union v. Nat'l Labor Relations Bd.
  237 F.2d 545· D.C. Cir.· 1956-05-03 ·cited 28×
  The court held that the National Labor Relations Board cannot deny reinstatement and back pay to employees based solely on their failure to disassociate themselves from strike misconduct, absent proof of their participation or agency. However, the Board's decision to affirm the d
• Union Carbide & Carbon Corp. v. Graver Tank & MFG. Co., Inc.
  196 F.2d 103· 7th Cir.· 1952-03-26 ·cited 28×
  The court held that the accused fluxes did not infringe the patent claims because they did not contain "a major proportion" of alkaline earth metal silicates and lacked the required complete chemical reaction prior to use.
• Louis G. Keith, M.D. v. Daley
  764 F.2d 1265· 7th Cir.· 1985-06-18 ·cited 27×
  The court held that while the Illinois Pro-Life Coalition has a significant interest, it is insufficient to mandate intervention as of right because the existing defense has not been shown to be inadequate.
• The Tribune Co. v. Cannella
  438 So. 2d 516· Fla. 2d DCA· 1983-09-30 ·cited 27×·via Action For Permanent Injunction
  The Tribune Company sought mandamus to compel release of Tampa police officers' personnel files requested under Florida's Public Records Act. The court held that such files are public records, criminal investigative exemptions do not apply to pre-incident personnel materials, and
• City OF Miami Beach v. Meiselman
  216 So. 2d 774· Fla. 3d DCA· 1968-12-17 ·cited 27×
  Miami Beach appeals from an injunction preventing it from interfering with a large rooftop neon sign. The court reversed, holding that the city was not estopped from revoking a building permit for a sign that violated municipal ordinance size limitations for roof signs.
• James v. Pizio and Arthur W. Hammond
  76 So. 2d 654· Fla.· 1954-12-21 ·cited 27×
  A Florida Supreme Court case addressing whether a drive-in restaurant constituted a nuisance to nearby motel owners and whether the resulting injunction was sufficiently clear to enforce. The court upheld the nuisance finding but reversed and remanded because the injunctive order
• Equal Emp. Opportunity Comm'n v. Hacienda Hotel
  881 F.2d 1504· 9th Cir.· 1989-08-10 ·cited 26×
  The court held that the Hacienda Hotel's practices of terminating pregnant employees, failing to accommodate religious beliefs, and retaliating against employees for opposing discrimination violated Title VII. The court also affirmed liability for sexual harassment creating a hos
• Wirtz v. Atlas Roofing Mfg. Co., Inc.
  377 F.2d 112· 5th Cir.· 1967-05-12 ·cited 26×
  The court held that a permanent injunction is warranted despite the employer's current compliance, given a history of persistent violations and demonstrated indifference to the Fair Labor Standards Act.
• ST. Helena Parish Sch. Bd. v. Hall
  287 F.2d 376· 5th Cir.· 1961-02-09 ·cited 26×
  The court held that the school board's arguments against the injunction were without merit, affirming the lower court's grant of summary judgment for desegregation.
• Naurison v. Naurison
  108 So. 2d 510· Fla. 3d DCA· 1959-01-08 ·cited 26×
  A court cannot adjudicate property rights or award lump sum alimony in an action for alimony unconnected with divorce, but can award periodic alimony, suit money, and injunctions.
• State v. City OF Clearwater
  863 So. 2d 149· Fla.· 2003-09-11 ·cited 25×·via Permanent Injunctive Relief
  The Florida Supreme Court held that personal or private emails transmitted or received by public employees on government-owned computer systems are not public records under Florida law merely by virtue of their placement on a government computer. The court rejected arguments that
• Special Purpose Accounts Receivable Coop. Corp. v. Prime One Cap. Co.
  125 F. Supp. 2d 1093· S.D. Fla.· 2000-12-19 ·cited 25×·via Permanent Injunctive Relief
  The court denied the defendants' motion to dismiss or for summary judgment, finding genuine issues of material fact regarding conversion claims.
• Simonik v. Patterson
  752 So. 2d 692· Fla. 3d DCA· 2000-02-16 ·cited 25×
  The appellate court affirmed the trial court's denial of a motion to modify a permanent injunction, finding no abuse of discretion.
• Centel Cable Television Co. OF Fla. v. Thos. J. White Dev. Corp.
  902 F.2d 905· 11th Cir.· 1990-06-05 ·cited 25×
  Cable companies have an implied right of action under section 621(a) of the Cable Act against private developers who block construction of cable systems through easements dedicated to compatible uses, and this enforcement does not violate the fifth amendment takings clause.
• In re JET Fla. Sys., Inc. v. JET Fla. Sys., Inc.
  883 F.2d 970· 11th Cir.· 1989-09-15 ·cited 25×
  A plaintiff may proceed against a debtor to establish liability as a prerequisite to recovering from an insurer, even after the debtor's discharge, provided the debtor is not personally liable in a way that interferes with their fresh start.
• Ryan v. Leonor Lobo de Gonzalez and Jorge Gonzalez
  841 So. 2d 510· Fla. 4th DCA· 2003-02-26 ·cited 24×
  In this consolidated appeal, the Fourth District Court of Appeal affirmed summary judgment dismissing claims by the heirs of Maria Luisa Lobo Ryan and the estate of Julio Lobo Olabarria on statute of limitations grounds, but reversed and remanded the denial of attorney's fees to
• Knox v. Dist. Sch. Bd. OF Brevard
  821 So. 2d 311· Fla. 5th DCA· 2002-05-03 ·cited 24×·via Request For Permanent Injunction
  Knox appealed the denial of her request for a temporary injunction against the Brevard County School Board, claiming that closed interviews for a middle school principal position violated Florida's Sunshine Law. The court affirmed the denial, holding that the interview team serve