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

• Special Purpose Accounts Receivable Coop. Corp. v. Prime One Cap. Co.
  202 F. Supp. 2d 1339· S.D. Fla.· 2002-04-16 ·cited 4×·via Permanent Injunctive Relief
  The court held that plaintiffs lacked standing to assert RICO claims based on mail and wire fraud predicated on misrepresentations made to third parties, as required by Eleventh Circuit precedent. However, the court found that the RICO claims related to the Prime One enterprise a
• Amendments to the Fla. Fam. Law Rules of Procedure
  746 So. 2d 1073· Fla.· 1999-01-28 ·cited 4×
  The Florida Supreme Court issued amendments to the Florida Family Law Rules of Procedure, modifying several rules based on comments received following an October 1998 opinion. The amendments address confidentiality of records, expert witness procedures, injunctions for domestic a
• Hill v. The Prudential Ins. Co. OF Am.
  701 So. 2d 1218· Fla. 1st DCA· 1997-12-01 ·cited 4×
  The Florida District Court of Appeal reversed a trial court's order granting a temporary injunction that prohibited disclosure of investigative materials compiled by state agencies during a regulatory investigation into Prudential Insurance's sales practices. The court held that
• Fed. Trade Comm'n v. Wilcox
  926 F. Supp. 1091· S.D. Fla.· 1995-09-29 ·cited 4×
  The court affirmed the Magistrate Judge's Report and Recommendation, granting summary judgment for the FTC and denying the defendants' motion, finding their direct mail solicitations were deceptive and warranted injunctive relief and consumer redress.
• Concerned Parents to Save Dreher Park Ctr. v. City of W. Palm Beach
  884 F. Supp. 487· S.D. Fla.· 1994-11-28 ·cited 4×
  The court held that an association lacked standing to sue on behalf of its members because individualized proof was required for ADA violations and relief, and that plaintiffs lacked standing to seek an injunction for the city's non-compliance with administrative regulations as i
• Abramson v. The Fla. Psychological Ass'n & Parke Fitzhugh
  610 So. 2d 447· Fla. 1st DCA· 1992-07-09 ·cited 4×·via Action For Permanent Injunction
  State regulatory agencies lack the authority to settle disputes by waiving plain statutory licensing requirements for professional licensure, and equity does not compel enforcement of settlements that contravene express statutory provisions absent explicit statutory authorization
• W. Sys., Inc. v. Ulloa
  958 F.2d 864· 9th Cir.· 1992-03-04 ·cited 4×
  The court held that the relitigation exception to the Anti-Injunction Act permits enjoining state court proceedings barred by res judicata, not just issues actually litigated, and that sanctions for vexatious litigation require an appropriate hearing.
• Am. Nat'l Bank & Tr. Co. OF Chicago Under Tr. Agreement Dated July 12 v. Sec'y OF Hous. & Urban Dev. OF Wash.
  946 F.2d 1286· 7th Cir.· 1991-10-31 ·cited 4×
  The court held that the district court's June 10, 1987 order was a final and appealable judgment because it ended the litigation on the merits and was properly entered as a separate document under Rule 58.
• Multnomah Legal Servs. Workers Union v. Legal Servs. Corp.
  936 F.2d 1547· 9th Cir.· 1991-06-25 ·cited 4×
  The court should hold that LSC's statutory or contractual right to inspect personnel files is subject to a reasonableness requirement, considering the purpose of ensuring grant compliance and employee privacy.
• McBRIDE v. Taylor
  924 F.2d 386· 1st Cir.· 1991-01-30 ·cited 4×
  The court held that FmHA officials are entitled to qualified immunity because their actions did not violate clearly established constitutional rights, even if they violated a district court injunction.
• Celso Lopez v. R.D. Garriga
  917 F.2d 63· 1st Cir.· 1990-10-17 ·cited 4×
  The court held that the district court erred in granting equitable relief because the plaintiff failed to establish a basis for such relief after a jury verdict determined his constitutional rights were not violated.
• Natural Res. Def. Council, Inc. v. Texaco Ref. & Mktg., Inc.
  906 F.2d 934· 3d Cir.· 1990-06-20 ·cited 4×
  The court held that the district court erred by presuming irreparable harm and failing to apply the traditional equitable standard when issuing a permanent injunction under the Clean Water Act.
• Int'l Eateries of Am., Inc. v. Broward Cnty.
  726 F. Supp. 1568· S.D. Fla.· 1989-12-15 ·cited 4×
  The court held that the distance ordinances, including the waiver provision, were facially valid time, place, and manner regulations and that the plaintiff's claims were barred by res judicata or failed on the merits.
• The Rathmann Grp. v. Tanenbaum
  889 F.2d 787· 8th Cir.· 1989-11-15 ·cited 4×
  The court held that the district court abused its discretion by failing to adequately consider the amount of security required for a preliminary injunction and erred by issuing a preliminary injunction that effectively granted all relief sought without proper notice or considerat
• Bertrand v. Jorden
  672 F. Supp. 1417· M.D. Fla.· 1987-10-16 ·cited 4×
  The court held that the defendant farm labor contractor violated the Farm Labor Contractor Registration Act (FLCRA) by failing to provide required disclosures, maintain proper records, and submit accurate information to growers, warranting statutory damages for each violation.
• The 4245 Corp. v. The City OF Oakland Park
  473 So. 2d 12· Fla. 4th DCA· 1985-07-17 ·cited 4×
  The court reversed a permanent injunction that shut down an entire business for lewdness violations, holding that the injunction was overbroad and that the trial court should have limited relief to the illegal acts while allowing the business to operate legitimately.
• N.A. Sales Co., Inc. v. Chapman Indus. Corp.
  736 F.2d 854· 2d Cir.· 1984-06-06 ·cited 4×
  The court held that Chapman was in contempt for violating the permanent injunction after its entry, but not for the period before the permanent injunction was issued due to lack of notice. The court affirmed the clarifying order and the award of costs and fees.
• Procup v. Strickland
  567 F. Supp. 146· M.D. Fla.· 1983-06-17 ·cited 4×
  The court held that a litigant's repeated filing of frivolous and vexatious claims, coupled with other abuses of the judicial process, warrants an injunction prohibiting further filings.
• Wilfredo Marquez-Colon v. Reagan
  668 F.2d 611· 1st Cir.· 1981-12-23 ·cited 4×
  The court vacated the district court's injunction, finding that a consent agreement between the government and the Commonwealth rendered most claims moot and that injunctive relief was inappropriate for remaining claims given the equities and the agreement's conditions.
• CPC Int'l, Inc. v. Albury Sales Co.
  504 F. Supp. 549· S.D. Fla.· 1980-12-23 ·cited 4×
  The court granted permanent injunctions and awarded substantial damages, attorney's fees, and costs against defendants for trademark infringement and unfair competition.
• Mower v. Swyhart
  545 F.2d 103· 10th Cir.· 1976-11-17 ·cited 4×
  The court held that the district court correctly denied relief to the incarcerated appellant seeking mandamus, injunction, and damages.
• Del. River Port Auth. v. Norbert T. Tiemann
  531 F.2d 699· 3d Cir.· 1976-03-10 ·cited 4×
  The court held that the Administrator's order lowering tolls could not be sustained because the Administrator failed to make specific findings regarding the Authority's post-coverage expenses and whether the prescribed tolls would be sufficient to cover them.
• Harrison v. Ind. Auto Shredders Co.
  528 F.2d 1107· 7th Cir.· 1975-12-31 ·cited 4×
  The dissenting judge agrees that punitive damages were an abuse of discretion but would modify the injunction to allow for potential continued operation under supervision.
• THE Florida BAR v. Riccardi
  304 So. 2d 444· Fla.· 1974-12-11 ·cited 4×
  The Florida Bar sought to enjoin and hold in contempt a disbarred attorney, Edward Riccardi, for unauthorized practice of law. The Florida Supreme Court found that Riccardi's participation as an advocate in a deposition and pretrial conference, coupled with representations of his
• United States v. O'Connell
  496 F.2d 1329· 2d Cir.· 1974-05-16 ·cited 4×
  The court held that New York law governs the determination of implied easements in FHA foreclosure sales and that sufficient unity of interest among corporations dominated by the same individual may support an implied easement, even if the conveyance was involuntary.
• State v. The Jacksonville Expressway Auth.
  160 So. 2d 513· Fla.· 1964-02-05 ·cited 4×
  The Florida Supreme Court upheld the validation of $140 million in revenue bonds issued by the Jacksonville Expressway Authority for extensions and improvements to the Jacksonville Expressway system. The Court rejected arguments that the Authority lacked authorization to construc
• Bradford v. Sec. & Exch. Comm'n
  278 F.2d 566· 9th Cir.· 1960-05-05 ·cited 4×
  The court held that the trial court's findings were not clearly erroneous and affirmed the permanent injunction against the appellant for failing to maintain current books and records and file required financial reports.
• Kelly v. Union Stockyards & Transit Co. of Chicago
  190 F.2d 860· 7th Cir.· 1951-08-08 ·cited 4×·via Action For Permanent Injunction
  The court held that the district court lacked primary jurisdiction over the plaintiffs' claims regarding removal from the Open Order List, and thus properly denied the motion for a preliminary injunction.
• Eversharp, Inc. v. PAL Blade Co., Inc.
  182 F.2d 779· 2d Cir.· 1950-06-02 ·cited 4×
  The court held that the supplemental complaint was properly dismissed for failure to allege special damages, as required for trade libel claims.
• United States v. Turner Dairy Co.
  166 F.2d 1· 7th Cir.· 1948-02-18 ·cited 4×
  A district court in an enforcement action cannot rule on the validity of an order if the handler has not first pursued administrative remedies with the Secretary of Agriculture.
• Taylor v. Bowles
  152 F.2d 311· 9th Cir.· 1945-12-17 ·cited 4×
  The court held that an order adjudging parties in contempt for violating a permanent injunction, which was remedial in nature, is interlocutory and not immediately appealable.
• Interstate Commerce Comm'n v. Keeshin Motor Express Co., Inc.
  134 F.2d 228· 7th Cir.· 1943-03-15 ·cited 4×
  The court held that a broad injunction against a motor carrier charging less or more than its filed tariffs was justified, even if initial violations were limited in scope, because similar violations could be anticipated.
• Nazia, Inc. v. Amscot Corp.
  275 So. 3d 702· Fla. 5th DCA· 2019-05-31 ·cited 3×·via Permanent Injunctive Relief
  A temporary injunction was improperly granted where the licensee possessed only a revocable license to use parking spaces, was unlikely to succeed on the merits, and the injunction would alter rather than preserve the status quo by requiring restoration to a pre-construction cond
• Erhm Orthopedics, Inc. v. Edwards
  260 So. 3d 559· Fla. 2d DCA· 2019-01-04 ·cited 3×
  ERHM Orthopedics appeals a trial court's order denying attorney's fees following a dispute with former employee Todd Edwards over a non-compete and non-solicitation agreement. The appellate court reversed, holding that ERHM is the prevailing party entitled to attorney's fees beca
• McCUE v. Heritage Farms Prop. Ass'n, Inc.
  141 So. 3d 672· Fla. 2d DCA· 2014-06-20 ·cited 3×·via Action For Permanent Injunction
  The appellate court held that the trial court erred in granting a temporary injunction without specifying the reasons for its entry, as required by rule.
• Fed. Trade Comm'n v. Global Mktg. Grp., Inc.
  594 F. Supp. 2d 1281· M.D. Fla.· 2008-12-24 ·cited 3×
  The court granted the FTC's motion for summary judgment, finding no genuine issues of material fact regarding the defendant's violations of the Telemarketing Sales Rule and the FTC Act.
• Gen. Motors Corp. v. Phat Cat Carts, Inc.
  504 F. Supp. 2d 1278· M.D. Fla.· 2007-08-10 ·cited 3×
  The court adopted the Magistrate Judge's recommendation to grant a preliminary injunction, finding a substantial likelihood of success on the merits for trademark and trade dress infringement and dilution claims.
• Vavrus v. City OF Palm Beach Gardens
  927 So. 2d 992· Fla. 4th DCA· 2006-04-05 ·cited 3×
  The court affirmed the trial court's judgment in favor of the City on all of Vavrus' claims and also affirmed the denial of the City's claim for a permanent injunction.
• CBS Broad. Inc. v. Primetime 24 Joint Venture
  48 F. Supp. 2d 1342· S.D. Fla.· 1998-12-23 ·cited 3×
  PrimeTime failed to meet its burden of proving its subscribers qualify as 'unserved households' under the Satellite Home Viewers Act, as its methods for determining eligibility were insufficient and its evidence unreliable.
• Women v. Butterworth
  54 F. Supp. 2d 1148· S.D. Fla.· 1998-12-02 ·cited 3×
  The court held that Florida's Partial-Birth Abortion Ban Act (HB 1227) is unconstitutional because it places an undue burden on a woman's right to an abortion, lacks a sufficient health exception, and is void for vagueness.
• Andre v. Castor
  963 F. Supp. 1158· M.D. Fla.· 1997-03-27 ·cited 3×
  The court held that the plaintiff sufficiently alleged claims for First and Fourth Amendment violations under 42 U.S.C. § 1983, and that certain defendants' actions could constitute causation, but dismissed claims against two defendants for lack of specific allegations.
• The Walt Disney Co. v. Video 47, Inc.
  972 F. Supp. 595· S.D. Fla.· 1996-07-09 ·cited 3×
  The court held that the defendants willfully infringed upon the plaintiffs' copyrights by renting counterfeit videocassette tapes, and were in contempt of prior court orders, warranting substantial statutory damages and permanent injunction.
• Barnett Banks of Marion Cnty., NA v. Gallagher
  839 F. Supp. 835· M.D. Fla.· 1993-12-03 ·cited 3×·via Permanent Injunctive Relief
  The McCarran-Ferguson Act saves Florida Statute § 626.988 from preemption by the National Bank Act's § 92, because § 626.988 regulates the business of insurance and § 92 does not specifically relate to insurance.
• MAI Sys. Corp. v. Peak Computer, Inc.
  991 F.2d 511· 9th Cir.· 1993-04-07 ·cited 3×
  The court held that loading MAI software into RAM constitutes copyright infringement and that soliciting MAI customers using information from MAI's customer database constitutes trade secret misappropriation.
• Louis Vuitton S.A. v. Downtown Luggage Ctr.
  706 F. Supp. 839· S.D. Fla.· 1988-12-28 ·cited 3×
  The court held that defendants' intentional sale of counterfeit merchandise constituted trademark infringement, entitling the plaintiff to treble damages, attorneys' fees, and a permanent injunction.
• Martin-Trigona v. Gellis & Melinger
  830 F.2d 367· D.C. Cir.· 1987-10-06 ·cited 3×
  The court held that a pro se litigant's deliberate and announced refusal to comply with court orders, even after being warned of potential dismissal, warrants involuntary dismissal under Rule 41(b).
• Polo Fashions, Inc. v. Rabanne
  661 F. Supp. 89· S.D. Fla.· 1986-09-09 ·cited 3×
  The court held that the defendant's sale of counterfeit goods constituted trademark infringement and unfair competition, entitling the plaintiff to profits, trebled damages, costs, and attorneys' fees.
• Davidoff Extension S.A. v. Davidoff Int'l, Inc.
  612 F. Supp. 4· S.D. Fla.· 1984-11-30 ·cited 3×
  The court held that the defendants' use of the name 'Davidoff' constituted trademark infringement and unfair competition, and that the plaintiff was entitled to a permanent injunction and attorney's fees.
• Venditti-Siravo, Inc. v. City OF Hollywood
  39 Fla. Supp. 121· Fla. Cir. Ct.· 1973-07-16 ·cited 3×
  The court held that the city ordinances were unconstitutional and unlawful because their revenue-raising method was unreasonable, arbitrary, unequal, and discriminatory, and exceeded the city's taxing authority.
• Lawrence Rogers (Intervenor below) v. Bandy
  132 Fla. 790· Fla.· 1938-06-14 ·cited 3×
  The Florida Supreme Court affirmed an injunction requiring the Clerk of the Circuit Court to collect a 5% tax collector's commission from tax certificate sales to the State, holding that the tax collector has a vested contractual right to this compensation for services already pe