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

• Earnest Stanberry, Jr. v. Escambia Cnty.
  813 So. 2d 278· Fla. 1st DCA· 2002-04-16 ·cited 24×
  Stanberry sued Escambia County for property damage caused by a retention pond overflow, obtaining a $600,000 jury verdict. The trial court granted remittitur reducing the award to $260,000 and denied his motion for a permanent injunction. The appellate court lacked jurisdiction t
• ROE v. Operation Rescue
  919 F.2d 857· 3d Cir.· 1990-11-26 ·cited 24×
  The court affirmed the permanent injunction based on state-law claims and reversed the dismissal of certain plaintiffs for lack of standing, finding they had established a real and immediate threat of future injury.
• The Atchison v. The United Transp. Union
  734 F.2d 317· 7th Cir.· 1984-05-15 ·cited 24×
  The court held that the dispute between the UTU and Santa Fe was a minor dispute under the Railway Labor Act, and therefore the threatened strike was unlawful and properly enjoined.
• Shirey v. Bensalem Twp. & Bristol Borough & Bristol Twp. & Buckingham Twp. & Falls Twp. & Middletown Twp. & Tullytown Borough & Warminster Twp. & City of Philadelphia & Police Chief Michaels
  663 F.2d 472· 3d Cir.· 1981-11-12 ·cited 24×
  The court held that an order dismissing a complaint as to one of multiple plaintiffs, without a Rule 54(b) certification, is not immediately appealable under 28 U.S.C. § 1291, nor is it an appealable interlocutory order denying an injunction under 28 U.S.C. § 1292(a)(1).
• Bryan v. Werner
  516 F.2d 233· 3d Cir.· 1975-05-07 ·cited 24×
  Prison regulations restricting inmate law clinic assistance in suits against the institution and censoring outgoing mail may violate constitutional rights if they impede access to the courts without reasonable alternatives. The court affirmed the dismissal of some claims but reve
• Miami Heat Ltd. P'ship v. Leahy
  682 So. 2d 198· Fla. 3d DCA· 1996-10-24 ·cited 23×
  Miami Heat Limited Partnership and related parties sought to enjoin the placement of a ballot initiative on the November 1996 election ballot, challenging both the initiative petition's compliance with Dade County Code and the clarity of the ballot language. The Third District Co
• Rain Bird Corp. v. Taylor
  665 F. Supp. 2d 1258· N.D. Fla.· 2009-10-14 ·cited 22×
  The court adopted the magistrate judge's recommendation to grant summary judgment for the plaintiff on all counts, finding no genuine issue of material fact regarding trademark infringement, unfair competition, and dilution.
• Nat'l Org. FOR Women v. Operation Rescue
  914 F.2d 582· 4th Cir.· 1990-09-19 ·cited 22×
  The court held that the defendants' blockading of abortion facilities violated 42 U.S.C. § 1985(3) by infringing on women's right to travel and affirmed the district court's grant of a permanent injunction.
• Marathon Mfg. Co. v. Enerlite Prods. Corp.
  767 F.2d 214· 5th Cir.· 1985-08-05 ·cited 22×
  The court held that the district court's finding of a likelihood of confusion between Enerlite's "MARATHON 10" mark and Marathon Manufacturing Company's "MARATHON" trademark was not clearly erroneous, supporting the issuance of a permanent injunction.
• La. World Exposition, Inc. v. Logue
  746 F.2d 1033· 5th Cir.· 1984-11-05 ·cited 22×
  The court held that a "minute order" making a preliminary injunction permanent satisfied Federal Rule of Civil Procedure 58, granting appellate jurisdiction, and that the district court's finding of likelihood of confusion was not clearly erroneous.
• Sec. & Exch. Comm'n v. Bonastia
  614 F.2d 908· 3d Cir.· 1980-02-07 ·cited 22×
  The court held that while summary judgment for the SEC was proper, the district court erred in refusing to issue a permanent injunction against Madden, as his change in occupation alone was insufficient to deny relief.
• Sec. & Exch. Comm'n v. Aaron
  605 F.2d 612· 2d Cir.· 1979-03-12 ·cited 22×
  A person's lack of an official corporate title does not shield them from liability for violations of federal securities laws if they exercised managerial and supervisory authority. Scienter is not required for SEC enforcement actions seeking injunctions under Section 10(b) of the
• OLD BEN Coal Corp. v. Local Union NO. 1487 OF United Mine Workers OF Am.
  500 F.2d 950· 7th Cir.· 1974-08-02 ·cited 22×
  The court held that a permanent injunction against work stoppages is justified when a union repeatedly violates its contractual duty to arbitrate, and the injunction's breadth is appropriate to enforce that duty.
• Harris Stanley Coal & Land Co. v. Chesapeake & O. Ry. Co.
  154 F.2d 450· 6th Cir.· 1946-04-03 ·cited 22×
  The court held that a permanent injunction should be granted to prevent the coal company from removing pillars and coal barriers, as the potential catastrophic injury to human life and public travel outweighs the economic harm to the coal company and the railroad has no adequate
• Seminole Ent., Inc. v. City OF Casselberry
  811 So. 2d 693· Fla. 5th DCA· 2001-11-30 ·cited 21×
  Seminole Entertainment, Inc. appeals the denial of its temporary injunction against the City of Casselberry's revocation of its adult entertainment license. The court reversed, finding that the revocation hearing violated due process because the presiding mayor exhibited bias and
• Bentley v. Bank of Am., N.A.
  773 F. Supp. 2d 1367· S.D. Fla.· 2011-03-23 ·cited 20×
  The court granted the motion to dismiss, dismissing most claims with prejudice and others without prejudice, allowing amendment for some claims.
• Enpat, Inc. v. Budnic
  773 F. Supp. 2d 1311· M.D. Fla.· 2011-02-28 ·cited 20×
  The court granted the motion for default judgment as to liability for patent infringement but denied the requests for compensatory damages and a permanent injunction, allowing the plaintiff to submit further evidence.
• Pierson v. Orlando Reg'l Healthcare Sys., Inc.
  619 F. Supp. 2d 1260· M.D. Fla.· 2009-04-28 ·cited 20×
  The court held that the plaintiff's claims against the 'Peer Review Defendants' were insufficiently pled due to improper group pleading and that the plaintiff lacked standing to bring an antitrust claim.
• Hattie Daniels v. William Bryson & the Miami Ass'n of Fire Fighters Local 587
  548 So. 2d 679· Fla. 3d DCA· 1989-06-27 ·cited 20×
  The City of Miami and its employee appealed a permanent injunction requiring compliance with Florida's Public Records Law (Chapter 119) regarding documents related to a fire department investigative panel. The court reversed the injunction, holding that while injunctive relief is
• Louis Vuitton S.A. v. Pun Yang LEE
  875 F.2d 584· 7th Cir.· 1989-05-16 ·cited 20×
  The court held that the district judge erred in disregarding a stipulation of knowing infringement and in making factual findings not supported by the record, requiring a new trial on damages.
• Socialist Workers Party v. Ill. State Bd. OF Elections
  566 F.2d 586· 7th Cir.· 1977-12-09 ·cited 20×
  The court affirmed the permanent injunction against enforcing certain signature requirements for new political parties and independent candidates, finding it based on a proper equal protection analysis. The court dismissed the appeal of a subsequent order setting signature requir
• Jaroslav Sedivy v. Elliot L. Richardson
  485 F.2d 1115· 3d Cir.· 1973-09-26 ·cited 20×·via Action For Permanent Injunction
  The court concurred with the result but expressed concern that the jurisdictional amount requirement of 28 U.S.C. § 1331 was not met, suggesting this issue requires further consideration.
• Sec. & Exch. Comm'n v. Thermodynamics, Inc.
  464 F.2d 457· 10th Cir.· 1972-07-24 ·cited 20×
  The court held that the trial court had subject matter jurisdiction to enter the consent injunction and did not abuse its discretion in denying the motion to vacate it.
• 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.
• Sec. & Exch. Comm'n v. Jan-Dal OIL & GAS, Inc.
  433 F.2d 304· 10th Cir.· 1970-10-27 ·cited 20×
  The court held that short-term compliance and embarrassment from an injunction are insufficient grounds to dissolve it, especially when the original reasons for its imposition remain.
• Williams v. United States
  402 F.2d 47· 10th Cir.· 1967-12-12 ·cited 20×
  The court affirmed the conviction for criminal contempt, finding the defendant willfully violated a permanent injunction against selling unregistered securities and making fraudulent representations.
• Borden Co. v. Odham
  121 So. 2d 625· Fla.· 1959-07-31 ·cited 20×
  The Florida Supreme Court upheld the Milk Commission's authority to require milk distributors to accept all milk from their producers and pay Commission-fixed minimum prices for Class II and Class III milk. The court rejected constitutional challenges based on liberty of contract
• Official Aviation Guide Co., Inc. v. Am. Aviation Assocs., Inc.
  162 F.2d 541· 7th Cir.· 1947-06-17 ·cited 20×
  The court held that the defendants, as the prevailing party, are entitled to full costs incurred in defending the plaintiff's suit in the District Court, as the relevant statute mandates costs for the prevailing party.
• Buscaglia v. Dist. Court of San Juan
  145 F.2d 274· 1st Cir.· 1944-10-24 ·cited 20×
  The court held that the Supreme Court of Puerto Rico's decision was a final decision, thus conferring appellate jurisdiction. The court also addressed the substantive issues of taxpayer standing and the nature of the appropriation.
• Sec. & Exch. Comm'n v. Okin
  137 F.2d 862· 2d Cir.· 1943-08-18 ·cited 20×
• Tiramisu Intertional LLC v. Clever Imports LLC
  741 F. Supp. 2d 1279· S.D. Fla.· 2010-08-11 ·cited 19×·via Permanent Injunctive Relief
  The court adopted the magistrate judge's report and recommendation, granting in part and denying in part the plaintiff's motion for permanent injunctive relief, damages, and attorney fees, based on a default judgment for trademark infringement.
• DiCHRISTOPHER v. Bd. OF Cnty. Comm'rs
  908 So. 2d 492· Fla. 5th DCA· 2005-06-10 ·cited 19×
  DiChristopher appealed the dismissal of his request for a temporary injunction to stop Brevard County's mosquito control flooding of his property. The Fifth District affirmed the trial court's denial, holding that DiChristopher had an adequate remedy at law through inverse condem
• Gibson Tr., Inc. v. Allen
  883 So. 2d 379· Fla. 4th DCA· 2004-09-29 ·cited 19×
  The Fourth District Court of Appeal reversed a default final judgment entered against defendants in a credit repair fraud case brought by the Florida Attorney General. The court found that defendants established excusable neglect based on a misunderstanding regarding a purported
• Spurgiesz v. Lesley J. Graves
  750 So. 2d 771· Fla. 5th DCA· 2000-02-11 ·cited 19×
• IDK, Inc. v. Cnty. OF Clark
  836 F.2d 1185· 9th Cir.· 1988-01-08 ·cited 19×
  The licensing regulation is unconstitutional because it is vague, overbroad, and not the least restrictive means of achieving the county's interests.
• Int'l Soc'y FOR Krishna Consciousness OF Houston, Inc. v. City OF Houston
  689 F.2d 541· 5th Cir.· 1982-10-18 ·cited 19×·via Action For Permanent Injunction
  The court held that the Houston ordinance regulating charitable solicitation, as amended, does not violate the First and Fourteenth Amendments by unduly burdening free speech or free exercise of religion.
• Weiner King, Inc. v. The Wiener King Corp.
  615 F.2d 512· C.C.P.A.· 1980-02-07 ·cited 19×
  The court held that while the appellee's expansion after notice of the appellant's mark was not per se in bad faith, the TTAB's procedural error in admitting disputed testimony required reversal on that point, but the overall TTAB decision was otherwise affirmed.
• Mireille R. Alberti v. Mary Ruth Cruise
  383 F.2d 268· 4th Cir.· 1967-09-14 ·cited 19×
  The court held that the injunction order was invalid due to non-compliance with Federal Rules of Civil Procedure 52(a) and 65(d), and potentially violated the First Amendment.
• City OF Sarasota v. Windom
  736 So. 2d 741· Fla. 2d DCA· 1999-06-23 ·cited 18×
  The City of Sarasota appeals injunctions prohibiting it from installing speed humps and speed tables on city streets. The court reverses, holding that the plaintiffs lacked standing to challenge the city's traffic safety devices because no private cause of action exists under Flo
• Pub. Interest Research Grp. OF NEW Jersey, Inc. v. Powell Duffryn Terminals Inc.
  913 F.2d 64· 3d Cir.· 1990-08-20 ·cited 18×
  The court held that the plaintiffs' alleged injuries were not sufficiently traceable to the defendant's specific discharge to establish constitutional standing, despite the defendant's egregious pollution record.
• Oriental Health SPA v. City OF Fort Wayne
  864 F.2d 486· 7th Cir.· 1988-12-15 ·cited 18×
  The court held that Oriental Health Spa's due process claims were not ripe or lacked standing, and Martha Clampitt's equal protection claim failed because the ordinance was rationally related to legitimate government interests.
• Hain Pure Food Co., Inc. v. Sona Food Prods. Co.
  618 F.2d 521· 9th Cir.· 1980-03-24 ·cited 18×
  The court held that it lacked jurisdiction to hear the appeal because the district court's judgment, which bifurcated liability and damages, was not a final judgment under 28 U.S.C. § 1291.
• Gte Sylvania v. Consumer Prod. Safety Comm'n
  598 F.2d 790· 3d Cir.· 1979-04-30 ·cited 18×
  The court held that the Consumer Product Safety Act's disclosure requirements apply to information released under the Freedom of Information Act, and that the district court correctly enjoined disclosure.
• Sarasota Cnty. v. Town OF Longboat KEY
  355 So. 2d 1197· Fla.· 1978-01-19 ·cited 18×
  Sarasota County proposed charter amendments to transfer five municipal functions (pollution control, parks, roads, planning, and police) to the county level without requiring separate approval from affected cities. The Florida Supreme Court held that such transfers constitute a t
• Fridrich v. Bradford
  542 F.2d 307· 6th Cir.· 1976-09-15 ·cited 18×
  The court held that civil liability under Rule 10b-5 for insider trading in an open market should be limited to contemporaneous traders, not extending to those who traded weeks after the insider activity ceased.
• Hoffritz v. United States
  240 F.2d 109· 9th Cir.· 1956-12-20 ·cited 18×·via Request For Permanent Injunction
  The court held that the district court erred in denying a hearing where a genuine issue of fact existed regarding the legality of evidence seizure, and that the appeal was not moot.
• Mohamed Shaheed Bacchus v. Heba Bacchus
  108 So. 3d 712· Fla. 5th DCA· 2013-03-01 ·cited 17×
  A husband appeals an order extending a temporary domestic violence injunction for one year. The court reverses, holding that the trial court improperly issued a series of temporary injunctions rather than conducting a full hearing on a permanent injunction, and remands for a prop
• Off. of the Attorney Gen. v. Millennium Commc'ns & Fulfillment, Inc.
  800 So. 2d 255· Fla. 3d DCA· 2001-10-10 ·cited 17×
  The court held that a protective order denying discovery was improperly granted because the grounds for the order were insufficient and the denial of discovery could cause irreparable harm.
• Pollgreen v. Morris
  911 F.2d 527· 11th Cir.· 1990-09-07 ·cited 17×
  The court held that attorney's fees under the EAJA can be awarded for administrative proceedings intimately tied to a civil action, even if not adversarial adjudications. However, the doubling of the statutory hourly rate requires specific justification beyond general factors lik
• Beckman Instruments, Inc. v. LKB Produkter AB
  892 F.2d 1547· Fed. Cir.· 1989-12-13 ·cited 17×
  The court held that while the case was exceptional and attorney fees were awardable, the district court abused its discretion by awarding the full amount without considering the extent to which Beckman prevailed and the timing of LKB's misconduct. Expert witness fees are also awa