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

• Cobb Coin Co. v. Unidentified
  549 F. Supp. 540· S.D. Fla.· 1982-08-31 ·cited 17×
  The court held that the federal maritime law of salvage and finds governs claims to a shipwreck, superseding conflicting state statutes, and that the Eleventh Amendment does not bar an in rem admiralty action against abandoned property, even if the state claims an interest.
• Kamakazi Music Corp. v. Robbins Music Corp.
  684 F.2d 228· 2d Cir.· 1982-07-20 ·cited 17×
  The court held that the federal court had jurisdiction over a copyright infringement claim, even when a contract dispute was raised as a defense, and that an arbitrator could award attorney's fees under the Copyright Act.
• Adair Pipeline Co., Inc. v. Pipeliners Local Union NO. 798
  325 F.2d 206· 5th Cir.· 1963-12-06 ·cited 17×
• Coscia v. OLD Fla. Plantation, Ltd.
  828 So. 2d 488· Fla. 2d DCA· 2002-10-18 ·cited 16×
  The court held that the trial court erred in imposing restrictions on the appellants' use of the easement without sufficient findings or evidence to support the need for such restrictions.
• Miller v. Miller
  691 So. 2d 528· Fla. 4th DCA· 1997-03-27 ·cited 16×
  Matthew Miller appeals an order granting a six-month injunction for protection against domestic violence that excluded him from his home and restricted his access to his minor child. The Fourth District Court of Appeal reversed, holding that the trial court violated due process b
• E. & J. Gallo Winery v. Gallo Cattle Co.
  955 F.2d 1327· 9th Cir.· 1992-02-07 ·cited 16×
  The court held that Joseph's counterclaims were barred by res judicata and that his use of the "Joseph Gallo" name on cheese infringed the Winery's trademarks, but affirmed the modification of the injunction.
• In re Am. Hardwoods, Inc. v. Deutsche Credit Corp.
  885 F.2d 621· 9th Cir.· 1989-09-15 ·cited 16×
  The bankruptcy court lacks the power under 11 U.S.C. § 105(a) to issue a permanent injunction against a creditor enforcing a state court judgment against nondebtor guarantors, as this would effectively discharge their liability, which is prohibited by 11 U.S.C. § 524(e).
• Sec. & Exch. Comm'n v. Suter
  832 F.2d 988· 7th Cir.· 1987-10-22 ·cited 16×
  The court held that Suter's appeal from the denial of his motion to vacate the injunction was untimely and frivolous, and that the disbursement order appeal also lacked merit.
• Shiley, Inc. v. Bentley Labs., Inc.
  794 F.2d 1561· Fed. Cir.· 1986-06-16 ·cited 16×
  The court affirmed the district court's judgment, holding that the jury's findings of non-infringement, non-invalidity, and no inequitable conduct were supported by substantial evidence, and that the district court did not err in its rulings on damages, willful infringement, or d
• Sharpe v. Harris
  621 F.2d 530· 2d Cir.· 1980-05-15 ·cited 16×·via Permanent Injunctive Relief
  The court held that the district court did not err in imposing time limits for hearings, decisions, and payments for SSI applicants, nor in ordering interim payments for delays.
• ELI Lilly & Co. v. Staats
  574 F.2d 904· 7th Cir.· 1978-04-12 ·cited 16×
  The court held that the Comptroller General's request for records was authorized by statute and contract, even if part of a broader research study, as long as a legitimate purpose existed and confidential information was protected.
• Sec. & Exch. Comm'n v. Universal Major Indus. Corp.
  546 F.2d 1044· 2d Cir.· 1976-12-16 ·cited 16×
  The court affirmed the permanent injunction, holding that an attorney can be liable for aiding and abetting violations of Section 5 of the Securities Act of 1933 based on negligence, and that the integrated offering concept is not a prerequisite for such a claim.
• Alton J. Bailey v. Ryan Stevedoring Co. Inc.
  528 F.2d 551· 5th Cir.· 1976-03-11 ·cited 16×
  The court held that the 50%-50% hiring practice of racially segregated locals constitutes an unlawful employment practice under Title VII because it tends to deprive individuals of employment opportunities. The court reversed the denial of a permanent injunction against the conti
• Tuscarora Nation OF Indians v. Power Auth. OF the State OF NEW York
  257 F.2d 885· 2d Cir.· 1958-07-24 ·cited 16×
• Goyard St-Honore v. The Individuals
  S.D. Fla.· 2020-01-02 ·cited 15×
  The court granted the plaintiff's motion for default judgment, awarding statutory damages and permanent injunctive relief against defendants for trademark infringement and counterfeiting.
• Sec. & Exch. Comm'n v. Friendly Power Co.
  49 F. Supp. 2d 1363· S.D. Fla.· 1999-05-12 ·cited 15×
  The court held that partnership units sold to investors constituted unregistered securities, and the Levines were liable for offering and selling them in interstate commerce.
• Temple Univ. v. White
  941 F.2d 201· 3d Cir.· 1991-07-30 ·cited 15×
  The court held that Pennsylvania's Medicaid payment rates were invalid because the state failed to make required findings on their reasonableness and adequacy, and affirmed the district court's injunctive relief.
• Friends OF THE Earth v. United States Navy
  841 F.2d 927· 9th Cir.· 1988-03-07 ·cited 15×
  The court held that the National Defense Authorization Act prohibits construction until all required permits, including the Washington Shoreline Management Act permit, are issued, and that the environmental groups have standing to seek an injunction.
• Allen v. La. State Bd. OF Dentistry
  835 F.2d 100· 5th Cir.· 1988-01-05 ·cited 15×
  The court held that federal courts should abstain from hearing claims seeking to enjoin pending state administrative proceedings, but not claims for monetary damages or challenges to unrelated state statutes.
• Metallurgical Indus. Inc. v. Fourtek, Inc.
  790 F.2d 1195· 5th Cir.· 1986-06-02 ·cited 15×
  The court held that the trial court erred in directing a verdict for the defendants on the trade secret misappropriation claim, as a reasonable jury could find that a trade secret existed and was misappropriated. The court also found that the trial court abused its discretion in
• Donovan v. Janitorial Servs.
  672 F.2d 528· 5th Cir.· 1982-04-08 ·cited 15×
  The court held that the evidence was sufficient to establish that the defendant's corporations constituted a single enterprise under the FLSA and that he was an employer, and that the back wages calculation was based on admissible evidence.
• J. M. Fields OF Anderson, Inc. v. The Kroger Co.
  330 F.2d 686· 5th Cir.· 1964-04-15 ·cited 15×
  The court held that the district court did not abuse its discretion in including specific language in the permanent injunction, as it clarified the scope of the prohibited activity.
• Dany Katz Gilbert and Lawrence Gilbert v. Fla. Power & Light Co.
  981 So. 2d 609· Fla. 4th DCA· 2008-05-14 ·cited 14×
  The Gilberts appealed multiple orders regarding their dispute with Florida Power & Light Company over a noisy transformer on FPL's easement. The court affirmed orders requiring the Gilberts to pay for the transformer's removal under FPL's tariff, reversed the denial of their moti
• State v. Pringle
  707 So. 2d 387· Fla. 1st DCA· 1998-02-26 ·cited 14×
  The Florida Department of Environmental Protection and Marine Fisheries Commission appealed a preliminary injunction prohibiting enforcement of net restrictions against commercial fishermen, triggering an automatic stay under appellate rules. The appellate court reinstated the au
• Jones v. Heyman
  888 F.2d 1328· 11th Cir.· 1989-11-22 ·cited 14×
  A mayor's removal of a speaker from a public meeting for disruptive conduct and failure to adhere to the agenda does not violate the First Amendment, even if the speaker's remarks were critical of the commission.
• Lathan v. Hanover Woods Homeowners Ass'n, Inc.
  547 So. 2d 319· Fla. 5th DCA· 1989-08-10 ·cited 14×
  The appellate court reversed a lower court's decision granting an injunction against homeowners for constructing a skateboard ramp. The court found that the homeowners' ramp complied with the specific guidelines for play structures in the homeowners' association's planning criter
• Celso Lopez Lopez v. Aran
  844 F.2d 898· 1st Cir.· 1988-04-25 ·cited 14×
  The court held that the INS checkpoint procedures at Isla Verde airport, including initial questioning and secondary inspections, were permissible under the Fourth Amendment, but the practice of seizing passenger tickets during questioning was problematic.
• The Univ. Club & the Union League Club v. The City OF NEW York
  842 F.2d 37· 2d Cir.· 1988-03-17 ·cited 14×·via Request For Permanent Injunction
  The court held that abstention is appropriate under the Younger doctrine because there is an ongoing state administrative proceeding involving important state interests, and the plaintiff has an adequate opportunity for judicial review of its constitutional claims.
• King Instrument Corp. v. Otari Corp.
  814 F.2d 1560· Fed. Cir.· 1987-03-16 ·cited 14×
  The court held that the appeal was properly before it and that the district court could order execution on machine damages while deferring spare parts damages, but vacated the injunction as to spare parts sales.
• Monaghan v. Deakins
  798 F.2d 632· 3d Cir.· 1986-07-31 ·cited 14×
  The court held that Younger abstention did not require dismissal of the plaintiffs' claims for damages and return of property, but affirmed the denial of a preliminary injunction.
• Union Mfg. Co., Inc. v. HAN Baek Trading Co., Ltd.
  763 F.2d 42· 2d Cir.· 1985-04-04 ·cited 14×
  The court held that the jury instructions on the false designation of origin claim were inadequate because they failed to explicitly require a finding of secondary meaning for the unregistered bottle design, necessitating a new trial.
• Commodity Futures Trading Comm'n v. CO Petro Mktg. Grp., Inc.
  700 F.2d 1279· 9th Cir.· 1983-03-11 ·cited 14×
  The district court had jurisdiction to order the return of funds despite a bankruptcy filing, as the order enforced a prior injunction under the police or regulatory exception to the automatic stay, and the appellant violated that injunction by depositing the funds.
• Sierra Club v. Hennessy
  695 F.2d 643· 2d Cir.· 1982-12-06 ·cited 14×·via Permanent Injunction Standard
  The court held that the district court abused its discretion by issuing a permanent injunction without properly balancing the equities and finding irreparable harm, reversing the injunction against FHWA reimbursement.
• Square Liner 360°, Inc. v. Finis Lavell Chisum & Chief Indus., Inc.
  691 F.2d 362· 8th Cir.· 1982-10-12 ·cited 14×
  The court affirmed the validity of the '100 patent but vacated the award of damages and the injunction, remanding for a new trial on damages.
• William and Mary Lou Castorr v. Brundage
  674 F.2d 531· 6th Cir.· 1982-03-23 ·cited 14×
  The court affirmed the district court's dismissal, holding that federal courts should not intervene in child custody disputes, claims were barred by res judicata, and judicial immunity and the Eleventh Amendment protected state officials and agencies.
• FOR Adults Only, Inc. v. State of Fla. ex rel. Richard E. Gerstein
  257 So. 2d 912· Fla. 3d DCA· 1972-01-18 ·cited 14×
  For Adults Only, Inc. appealed a permanent injunction issued under Florida's obscenity statute prohibiting the sale and distribution of certain sexually explicit materials. The court affirmed the injunction, rejecting constitutional challenges to the statute and finding the defen
• Redac Project 6426, Inc. v. Allstate Ins. Co.
  412 F.2d 1043· 2d Cir.· 1969-06-16 ·cited 14×
  The court held that the district court did not abuse its discretion in dismissing the plaintiffs' action with prejudice due to their repeated delays and in issuing a permanent injunction against further actions seeking injunctive relief.
• Island Airlines, Inc. v. Civil Aeronautics Bd.
  352 F.2d 735· 9th Cir.· 1965-10-29 ·cited 14×
  The court held that inter-island flights over the high seas between Hawaiian Islands are subject to federal regulation by the Civil Aeronautics Board, as Hawaii did not establish its channels as 'historic waters'.
• H. M. Kolbe Co., Inc. v. Armgus Textile Co., Inc.
  315 F.2d 70· 2d Cir.· 1963-03-14 ·cited 14×
  The court held that the copyright proprietor did not forfeit its copyright by failing to affix notice to each copy of infringing fabric distributed by third parties, nor by the placement of notices on the selvage of its own manufactured fabric.
• Kirma v. Norton
  102 So. 2d 653· Fla. 2d DCA· 1958-05-07 ·cited 14×
  A subdivision developer conveyed sewer easement rights to property owners in Russell Park Subdivision through both express representations and an executed quitclaim deed. When the defendant, a subsequent purchaser of property through which the sewer line ran, attempted to interfe
• Charlotte Cnty. v. Richard Vetter for the Charlotte Cnty. Park of Commerce, LLC
  863 So. 2d 465· Fla. 2d DCA· 2004-01-21 ·cited 13×
  Charlotte County challenges a preliminary injunction requiring it to approve subdivision and site plan applications for an industrial park near the county airport. The court affirms the preliminary injunction to the extent it requires the county to expeditiously process permit ap
• THE Florida BAR v. Mel Levine
  486 So. 2d 547· Fla.· 1986-02-20 ·cited 13×
• Inez Wright v. Regan
  656 F.2d 820· D.C. Cir.· 1981-06-18 ·cited 13×
  The court held that the plaintiffs failed to establish standing because they did not allege a concrete and direct injury resulting from the IRS's tax exemption policies for discriminatory schools.
• Franklin TP. in Somerset Cnty. v. Tugwell Resettlement Administration
  85 F.2d 208· D.C. Cir.· 1936-05-18 ·cited 13×
  The court reversed the trial court's dismissal of the bill of complaint, finding that the plaintiffs had stated a cause of action and that the trial court should not have passed upon the constitutional questions without a full hearing on the facts. The case was remanded for furth
• Young Israel of Tampa, Inc. v. Hillsborough Area Reg'l Transit Auth.
  89 F.4th 1337· 11th Cir.· 2024-01-10 ·cited 12×
  A public transit authority's advertising policy prohibiting advertisements that "primarily promote a religious faith or religious organization" violated the First Amendment because it lacked objective and workable standards under Minnesota Voters Alliance v. Mansky, even though t
• Sony Music Ent., Inc. v. Global Arts Prods.
  45 F. Supp. 2d 1345· S.D. Fla.· 1999-01-14 ·cited 12×
  The court granted a permanent injunction against defendants for copyright infringement due to their default and contumacious conduct.
• Walt Disney Co. v. Powell
  897 F.2d 565· D.C. Cir.· 1990-03-06 ·cited 12×
  The court held that statutory damages for copyright infringement are calculated based on the number of distinct works infringed, not the number of separate infringements of those works. The court affirmed the award of attorneys' fees and the permanent injunction.
• The Money Store, Inc. v. Harriscorp Fin., Inc.
  885 F.2d 369· 7th Cir.· 1989-09-19 ·cited 12×
  The standard for modifying injunctions should be viewed differently in property rights litigation compared to institutional reform litigation.
• Monfort OF Colo., Inc. v. Cargill, Inc.
  761 F.2d 570· 10th Cir.· 1985-04-23 ·cited 12×
  The court held that Monfort has antitrust standing to challenge the acquisition and that the district court properly granted an injunction because the acquisition would violate Section 7 of the Clayton Act.
• Stewart v. Gen. Motors Corp.
  756 F.2d 1285· 7th Cir.· 1985-02-22 ·cited 12×
  The court held that the district court did not err in vacating the permanent injunction because the collective bargaining agreement and new assessment programs rendered the injunction redundant and its purpose fulfilled. Attorneys' fees were also correctly denied as the plaintiff