Preliminary Injunction

3,388 Florida cases classified under this topic, plus 1,538 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Jeanni M. Cimino v. U.S. Sec. Ins. Co.
  715 So. 2d 1092· Fla. 1st DCA· 1998-08-13 ·cited 8×·via Temporary Injunction
  The court held that an insured seeking personal injury protection benefits is entitled to have her attorney present with a video camera during a physical examination, absent a valid reason for denial.
• Sethscot Collection, Inc. v. Drbul
  669 So. 2d 1076· Fla. 3d DCA· 1996-03-06 ·cited 8×
  SethScot Collection appealed the trial court's denial of their preliminary injunction against a former officer and employee who opened a competing business. The appellate court reversed in part, finding that while the prospective customer list was not protectable as a trade secre
• Health Care Mgmt. Consulting, Inc. v. McCOMBES
  661 So. 2d 1223· Fla. 1st DCA· 1995-09-22 ·cited 8×·via Temporary Injunction
  HCMC sought injunctive relief to enforce a non-compete covenant against McCombes, its former employee, alleging trade secret misappropriation and customer solicitation. The trial court dissolved the injunction, but the appellate court reversed, finding that McCombes's direct soli
• PCA Life Ins. Co. v. Metropolitan-Dade Cnty.
  682 So. 2d 1102· Fla. 3d DCA· 1995-02-01 ·cited 8×·via Preliminary Injunction Standard
  PCA Life Insurance Company appealed the denial of a temporary injunction and a petition for writ of mandamus seeking to compel Dade County to enter into a health insurance contract after the county reversed its initial vote selecting PCA and instead selected Blue Cross. The court
• Buchanan v. Sullivan
  620 So. 2d 1301· Fla. 4th DCA· 1993-06-23 ·cited 8×·via Temporary Injunction
  The appellate court affirmed the trial court's finding that a father fraudulently transferred property to his daughter to avoid a judgment creditor but reversed the award of sale proceeds to the creditor, holding that the fraudulent conveyance did not sever the joint tenancy with
• H. Gore Enters., Inc. v. City OF W. Palm Beach
  617 So. 2d 1160· Fla. 4th DCA· 1993-05-19 ·cited 8×·via Temporary Injunction
  The Fourth District Court of Appeal affirmed the trial court's judgment that the City of West Palm Beach's announcement of acceptance of H. Gore Enterprises' sealed bid for towing services did not create a binding contract, despite the general rule that accepted sealed bids form
• Topanga Press, Inc. v. City OF LOS Angeles
  989 F.2d 1524· 9th Cir.· 1993-03-22 ·cited 8×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the enforcement of the City's Adult Entertainment Business Zoning Ordinance because the City may not have provided constitutionally sufficient alternative relocation s
• Castrol, Inc. v. Quaker State Corp.
  977 F.2d 57· 2d Cir.· 1992-10-07 ·cited 8×·via Preliminary Injunction Standard
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against Quaker State's commercial, finding a likelihood that the claim of test-proven superiority was literally false.
• Abbott Labs. v. Mead Johnson & Co.
  971 F.2d 6· 7th Cir.· 1992-07-23 ·cited 8×·via Preliminary Injunction Standard
  The court held that the district court abused its discretion in denying a preliminary injunction, finding that Abbott had established a likelihood of success on its false advertising claim and that irreparable harm was not adequately rebutted.
• Marco v. Accent Publ'g Co., Inc.
  969 F.2d 1547· 3d Cir.· 1992-07-23 ·cited 8×
  The court held that a freelance photographer, paid by the job, using his own equipment and studio, and lacking employee benefits, was an independent contractor, not an employee, for "work for hire" purposes under the Copyright Act.
• Transohio Sav. Bank v. Dir., Off. OF Thrift Supervision
  967 F.2d 598· D.C. Cir.· 1992-06-12 ·cited 8×
  The court held that FIRREA applies to thrifts with prior forbearance agreements, and that such agreements do not prevent Congress from changing capital rules. Sovereign immunity is waived for statutory and due process claims against the OTS under the APA, but not for contract cla
• Burger King Corp. v. Weaver
  798 F. Supp. 684· S.D. Fla.· 1992-05-22 ·cited 8×·via Preliminary Injunction Standard
  The court held that the express language of the franchise agreements did not preclude a claim for breach of the implied covenant of good faith and fair dealing, but dismissed other counts for failure to state a claim or lack of evidence.
• Disabled Am. Veterans v. United States Dep't OF Veterans Affairs
  962 F.2d 136· 2d Cir.· 1992-03-19 ·cited 8×
  The court held that 38 U.S.C. § 3205 survives rational basis scrutiny under the Equal Protection Clause, as it reasonably furthers legitimate governmental interests in deficit reduction, preventing remote heir inheritance, and limiting fiduciary abuse. The court also held that th
• Bellsouth Advertising & Publ'g Corp. v. Real Color Pages, Inc.
  792 F. Supp. 775· M.D. Fla.· 1991-09-16 ·cited 8×
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits of its unfair competition and trademark infringement claims due to a likelihood of confusion caused by the defendants' insertion of their directory into the plaintiff's directories.
• Richard M. Ragsdale, M.D. v. Turnock
  941 F.2d 501· 7th Cir.· 1991-08-20 ·cited 8×
  The court held that the female appellants and the fathers seeking to intervene lacked standing to appeal the consent decree, affirming the denial of intervention and dismissal of the appeal.
• Burger King Corp. v. Lee
  766 F. Supp. 1149· S.D. Fla.· 1991-06-12 ·cited 8×
  The court granted Burger King Corporation's motion for a preliminary injunction, finding a substantial likelihood of success on the merits regarding franchise termination and trademark infringement.
• RUM Creek Coal Sales v. Honorable W. Gaston Caperton
  926 F.2d 353· 4th Cir.· 1991-02-25 ·cited 8×
  The court held that the district court erred in denying a preliminary injunction based on its misapprehension of the law regarding the Trespass Statute's proviso, and reversed the denial.
• Morris v. Ricks
  573 So. 2d 1029· Fla. 2d DCA· 1991-02-01 ·cited 8×·via Temporary Injunction
  Morris, a creditor who held stock as security for a defaulted loan, sought to sell the stock after the debtor's death. The estate objected and obtained a temporary restraining order, claiming the stock was unique and irreplaceable. The appellate court reversed, holding that the e
• Abish v. Nw. Nat'l Ins. Co. of Milwaukee
  924 F.2d 448· 2d Cir.· 1991-01-23 ·cited 8×
  The court held that it lacked appellate jurisdiction over the district court's order denying the surety's motion for quia timet and exoneration relief, as the order was neither a final decision nor an appealable interlocutory injunction.
• Diamontiney v. Borg
  918 F.2d 793· 9th Cir.· 1990-11-06 ·cited 8×·via Preliminary Injunction Standard
  The court held that the district court did not err in granting the preliminary injunction or in denying the motion for contempt, as reasonable steps were taken to ensure the inmate's access to the courts.
• Walker Chandler v. Ga. Pub. Telecomms. Comm'n
  917 F.2d 486· 11th Cir.· 1990-10-31 ·cited 8×
  The court held that the exclusion of ballot-qualified Libertarian candidates from a state-sponsored debate constituted unconstitutional viewpoint discrimination under the First Amendment.
• Kellas v. Lane
  923 F.2d 492· 7th Cir.· 1990-10-18 ·cited 8×·via Preliminary Injunction Requirements
  The court held that the inmate failed to demonstrate a likelihood of success on the merits, an inadequate remedy at law, or irreparable harm, thus the denial of a preliminary injunction was proper.
• Wallace Int'l Silversmiths, Inc. v. Godinger Silver ART Co., Inc.
  916 F.2d 76· 2d Cir.· 1990-10-17 ·cited 8×·via Preliminary Injunction Standard
  The court held that even purely ornamental design features can be deemed "functionally" unprotectable under trademark law if their use is necessary for effective competition in a substantial market, thereby preventing competitors from entering that market.
• Mohamed Shouman v. Am. Express Travel Related Servs. Co., Inc.
  566 So. 2d 875· Fla. 3d DCA· 1990-09-11 ·cited 8×·via Temporary Injunction
  Mohamed Shouman appeals the entry of a temporary injunction without notice freezing his bank accounts and business assets. The court reverses, holding that American Express failed to satisfy the requirements for an ex parte temporary injunction because the underlying dispute had
• In re the Marriage of Mary Nell Dixon v. Ronald Michael Melton (Deceased) and Ronald H. Melton and Frances C. Melton
  565 So. 2d 1378· Fla. 1st DCA· 1990-07-31 ·cited 8×·via Temporary Injunction
  This case involves a dispute over custody and visitation rights between paternal grandparents and the natural mother of a child following the child's father's death. The court affirmed a temporary injunction restricting the child's removal from Leon County, finding it was properl
• Carew-Reid v. Metro. Transp. Auth.
  903 F.2d 914· 2d Cir.· 1990-05-18 ·cited 8×
  The court held that the ban on amplifiers in subway platforms is a reasonable time, place, or manner restriction under the First Amendment.
• United States v. Baxter Healthcare Corp.
  901 F.2d 1401· 7th Cir.· 1990-05-07 ·cited 8×
  The court held that the FDA permissibly interprets the FDCA to require separate approval for Baxter's reconstituted antibiotic drug products, even if component drugs are already approved.
• Ground AIR Transfer, Inc. v. Westates Airlines, Inc.
  899 F.2d 1269· 1st Cir.· 1990-03-30 ·cited 8×
  A court cannot enjoin a beneficiary from calling a standby letter of credit when the beneficiary's claim of default is colorable and the beneficiary can meet the letter's stated conditions, absent fraud.
• Waterman Broad. Corp. v. Saro, Inc.
  555 So. 2d 1273· Fla. 2d DCA· 1989-12-22 ·cited 8×·via Temporary Injunction
  Waterman Broadcasting Corporation and Terry Lombardi appealed a trial court's entry of a temporary injunction without notice, filed by Saro, Inc. to preserve evidence of an allegedly defamatory investigation. The appellate court reversed, holding that a temporary injunction canno
• City OF Malden v. Union Elec. Co. & Mo. Utils. Co.
  887 F.2d 157· 8th Cir.· 1989-10-06 ·cited 8×
  The court held that the jury's findings that alternative transmission methods existed and that the utility did not unreasonably refuse to wheel power were supported by the evidence, thus affirming the judgment against the plaintiff's antitrust claims.
• Ortho Pharm. Corp. v. Amgen, Inc.
  882 F.2d 806· 3d Cir.· 1989-08-17 ·cited 8×
  A district court has the authority to grant preliminary injunctive relief in an arbitrable dispute, provided the traditional prerequisites for such relief are met, and the Federal Arbitration Act does not implicitly prohibit such relief.
• Tex. Med. Ass'n v. Louis W. Sullivan, M.D.
  875 F.2d 1160· 5th Cir.· 1989-06-27 ·cited 8×
  The court held that 42 U.S.C. § 1395ff precludes judicial review of challenges to the reopening and calculation of Medicare payments, as these matters fall within the exclusive purview of administrative hearing officers.
• Nat'l Wildlife Fed'n v. Burford
  878 F.2d 422· D.C. Cir.· 1989-06-20 ·cited 8×
  The court held that the National Wildlife Federation (NWF) had alleged sufficient injury-in-fact to establish standing for summary judgment, and that ASARCO's motion to intervene was timely as to its Spanish Gulch claims.
• Tropicana Prods. Sales, Inc. v. Phillips Brokerage Co. & Dole Packaged Foods Co.
  874 F.2d 1581· 11th Cir.· 1989-06-13 ·cited 8×
  The appeal from the denial of a preliminary injunction is dismissed as moot because the requested injunction's end date has passed.
• McLaughlin v. Pernsley
  876 F.2d 308· 3d Cir.· 1989-05-30 ·cited 8×
  The court held that Catholic Social Services lacked standing to appeal the preliminary injunction, and that the Williamses, as intervenors, had standing to appeal only regarding the remedy. The court affirmed the district court's grant of a mandatory preliminary injunction orderi
• Quince Orchard Valley Citizens Ass'n, Inc. v. Hodel
  872 F.2d 75· 4th Cir.· 1989-04-07 ·cited 8×·via Preliminary Injunction Standard
  The court affirmed the denial of a preliminary injunction, finding the district court did not abuse its discretion by considering the plaintiffs' delay in bringing the action when balancing the harms.
• Gould v. Lambert Excavating, Inc.
  870 F.2d 1214· 7th Cir.· 1989-03-09 ·cited 8×
• BIG Country Foods, Inc. v. Bd. OF Educ. OF the Anchorage Sch. Dist.
  868 F.2d 1085· 9th Cir.· 1989-02-28 ·cited 8×·via Motion For Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying Big Country's motion for a preliminary injunction because Big Country failed to demonstrate irreparable injury.
• In re Rare Coin Galleries OF Am., Inc. v. Vinick & Young
  862 F.2d 896· 1st Cir.· 1988-11-30 ·cited 8×·via Preliminary Injunction Requirements
  The court held that while the trustee had standing, the district court erred in granting the preliminary injunction because the balance of harm did not favor the trustee and the remedy of a bill to reach and apply was unavailable at that stage.
• Davis v. Hon. Thomas C. Crush
  862 F.2d 84· 6th Cir.· 1988-11-23 ·cited 8×
  The court held that the district court abused its discretion in imposing Rule 11 sanctions because the plaintiffs' civil rights complaint did not necessarily reflect a lack of reasonable inquiry into the facts or law.
• Polaroid Corp. v. Disney
  862 F.2d 987· 3d Cir.· 1988-11-23 ·cited 8×
  The court held that Polaroid has standing to assert violations of the All-Holders Rule, a regulation promulgated under the Williams Act, and that the tender offer likely violates this rule.
• Montero v. Meyer
  861 F.2d 603· 10th Cir.· 1988-11-01 ·cited 8×
  The court did not reach the merits of the appeal due to ripeness and mootness concerns, but agreed the preliminary injunction was correctly lifted.
• Georgianna Johnson v. KAY
  860 F.2d 529· 2d Cir.· 1988-10-25 ·cited 8×
  The court held that allegations of a coordinated scheme to suppress dissent and monopolize communication within a union, even if involving officers, can establish federal jurisdiction under the LMRDA, justifying pendent jurisdiction over related state law claims. The case was not
• Soffer v. Leopold
  531 So. 2d 201· Fla. 3d DCA· 1988-08-30 ·cited 8×·via Temporary Injunction
  The court held that a temporary injunction was improperly granted without notice to the defendants, violating procedural rules.
• Kowalski v. Chicago Tribune Co.
  854 F.2d 168· 7th Cir.· 1988-07-22 ·cited 8×
  The court held that the distributors were not entitled to a preliminary injunction because they had an adequate remedy at law through arbitration and had waived their right to equitable relief.
• Ry. Labor Executives Ass'n v. The City OF Galveston
  849 F.2d 145· 5th Cir.· 1988-06-23 ·cited 8×
  The Staggers Act does not implicitly repeal the Railway Labor Act, and a court may issue an injunction to compel bargaining under the RLA even after the ICC has approved a transaction without imposing labor protective conditions.
• Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio v. E. Airlines, Inc.
  849 F.2d 1481· D.C. Cir.· 1988-06-07 ·cited 8×
  The court held that the March order constituted a new or modified injunction, not merely a contempt finding for violating the July injunction, and thus vacated the contempt judgment.
• Frank's GMC Truck Ctr., Inc. v. Gen. Motors Corp.
  847 F.2d 100· 3d Cir.· 1988-05-24 ·cited 8×
  The court held that a preliminary injunction was improvidently granted because the plaintiff failed to demonstrate irreparable injury and the district court failed to require a bond as mandated by Fed.R.Civ.P. 65(c).
• Jarvis Christian Coll. v. Exxon Corp.
  845 F.2d 523· 5th Cir.· 1988-05-10 ·cited 8×
  The court held that the transfer order under 28 U.S.C. § 1404 was valid and not an abuse of discretion, consolidating litigation in the Eastern District of Texas (Tyler).
• Fed. Deposit Ins. Corp. v. Antonio
  843 F.2d 1311· 10th Cir.· 1988-04-06 ·cited 8×
  The court affirmed the preliminary injunction, holding that the district court had the authority under Colorado law to freeze assets unrelated to the alleged illegal conduct and that the FDIC demonstrated a likelihood of success on the merits.