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

• Phototron Corp. v. Eastman Kodak Co.
  842 F.2d 95· 5th Cir.· 1988-03-28 ·cited 8×
  A competitor seeking a preliminary injunction against a merger must demonstrate a substantial likelihood of suffering an antitrust injury, which requires proof of predatory behavior, not just allegations of unprofitability or market changes.
• Formax, Inc. v. Hostert
  841 F.2d 388· Fed. Cir.· 1988-02-16 ·cited 8×
  The court held that the denial of a preliminary injunction to prevent the use of misappropriated manufacturing prints was an abuse of discretion.
• HAY v. Waldron
  834 F.2d 481· 5th Cir.· 1987-12-22 ·cited 8×
  The court held that the denial of injunctive relief regarding the strip search policy was proper, but the denial concerning retaliatory or discriminatory application of policies must be reversed and remanded.
• Giron v. Heriberto Acevedo Ruiz
  834 F.2d 238· 1st Cir.· 1987-12-03 ·cited 8×
  The court affirmed the district court's grant of a preliminary injunction for reinstatement, finding that the plaintiff had made the necessary showings for such relief.
• Trans Meridian Trading Inc. v. Empresa Nacional de Comercializacion de Insumos
  829 F.2d 949· 9th Cir.· 1987-10-09 ·cited 8×·via Preliminary Injunction Requirements
  The court held that California law prohibits enjoining payment on a letter of credit, even in cases of alleged fraud, unless there is a clear showing of intentional fraud or evil intent, and that the plaintiff failed to demonstrate such fraud by the beneficiary.
• Hankins v. Temple Univ. (Health Scis. Center) & Tourtellotte
  829 F.2d 437· 3d Cir.· 1987-09-23 ·cited 8×
  Summary judgment for the university was proper because the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding her claims of race and sex discrimination or due process violations.
• Seafarers Int'l Union OF N. Am. v. Nat'l Marine Servs., Inc.
  820 F.2d 148· 5th Cir.· 1987-06-29 ·cited 8×
  The duty to arbitrate disputes under a collective bargaining agreement survives the agreement's expiration, and such disputes are arbitrable unless expressly excluded.
• N.M. Ex rel. Energy & Minerals Dep't v. U.S. Dep't OF the Interior
  820 F.2d 441· D.C. Cir.· 1987-06-05 ·cited 8×
  The court held that the district court abused its discretion by dismissing the Tribe's counterclaim without considering transfer, and that the dismissal of the complaint was proper as the Tribe was not prejudiced. The court vacated the denial of the preliminary injunction and dis
• The Republic OF the Philippines v. Ferdinand E. Marcos
  818 F.2d 1473· 9th Cir.· 1987-06-04 ·cited 8×
  The court held that the district court lacked subject matter jurisdiction to enter the preliminary injunction because the complaint failed to allege harm to the United States economy, which is required for RICO claims.
• Oral-B Labs., Inc. v. Mi-Lor Corp.
  810 F.2d 20· 2d Cir.· 1987-01-20 ·cited 8×
  The court held that Mi-Lor's packaging was confusingly similar to Oral-B's trade dress, affirming contempt findings for certain packages but reversing the denial of an accounting for profits from those contemptuous sales. The modified injunction prohibiting all references to Oral
• Andreas Proimos v. Fair Auto. Repair, Inc.
  808 F.2d 1273· 7th Cir.· 1987-01-12 ·cited 8×
  The court held that the district court abused its discretion by granting summary judgment for the plaintiffs on the issue of injunctive relief without proper notice or consent for consolidation of the preliminary injunction hearing with a trial on the merits, and that the denial
• Amoco OIL Co. v. Rainbow Snow, Inc.
  809 F.2d 656· 10th Cir.· 1987-01-09 ·cited 8×
• John Morrell & Co. v. Local Union 304A Of the United Food & Commercial Workers, AFL-CIO
  804 F.2d 457· 8th Cir.· 1986-10-30 ·cited 8×
  A federal court lacks jurisdiction to enjoin a strike that is a sympathy strike in support of another union's dispute, even if a grievance related to the employer's disciplinary action for the strike is pending.
• Benjamin v. Malcolm
  803 F.2d 46· 2d Cir.· 1986-09-25 ·cited 8×
  The Eleventh Amendment does not bar federal courts from issuing injunctive relief against state officials when necessary to remedy violations of federal constitutional rights, even if state law is also implicated.
• Stanislav Kopunec v. Nelson
  801 F.2d 1226· 10th Cir.· 1986-09-22 ·cited 8×
  The court held that Mr. Kopunec was a prevailing party entitled to attorney's fees under the Equal Access to Justice Act, and affirmed the district court's award of fees and costs, finding no abuse of discretion in the amount awarded.
• Fields v. Rockdale Cnty. Ga.
  785 F.2d 1558· 11th Cir.· 1986-04-08 ·cited 8×
  The court held that federal courts should abstain from hearing the case, remanding it to state court to resolve land use and zoning issues.
• Am. Television & Commc'ns Corp. v. Floken, Ltd.
  629 F. Supp. 1462· M.D. Fla.· 1986-02-14 ·cited 8×
  The court held that a cable television distributor has standing under 47 U.S.C. § 605 to sue hotels that intercept and retransmit subscription programming signals intended for the distributor, as this constitutes an injury redressable by the court.
• Stertz v. Gulf OIL Corp.
  783 F.2d 1064· Temp. Emer. Ct. App.· 1986-01-29 ·cited 8×
  The court held that the preliminary injunction was not overbroad and that the Department of Energy was not entitled to interest on the bond posted by Gulf Oil.
• Sours v. Norris
  782 F.2d 106· 8th Cir.· 1986-01-07 ·cited 8×
  The court affirmed the denial of preliminary relief but remanded the denial of appointed counsel for further consideration.
• Arnaldo Jimenez-Fuentes v. Hon. Jaime Torres Gaztambide
  807 F.2d 230· 1st Cir.· 1985-12-20 ·cited 8×
  The court affirmed the preliminary injunction, holding that demotions based on political affiliation likely violate First Amendment rights, even if the positions are classified as 'confidential' under Puerto Rico law.
• COX v. Fla. Mobile Leasing, Inc.
  478 So. 2d 1200· Fla. 4th DCA· 1985-12-04 ·cited 8×
  The court held that a full hearing is necessary before a preliminary injunction can be granted, and findings from a preliminary injunction hearing are not binding on the merits.
• United Telegraph Workers, AFL-CIO v. W. Union Corp.
  771 F.2d 699· 3d Cir.· 1985-08-26 ·cited 8×
  The court held that the district court erred by issuing a preliminary injunction in a labor dispute without adhering to the procedural requirements of the Norris-LaGuardia Act, specifically the mandate for an evidentiary hearing when factual disputes exist.
• The People OF the State OF Cal. ex rel. John VAN DE Kamp v. The Tahoe Reg'l Planning Agency
  766 F.2d 1316· 9th Cir.· 1985-07-22 ·cited 8×
  The court held that the appeal was timely under the 'unique circumstances' doctrine and that the district court did not err in denying TTSA's motions.
• Stewart v. United States Immigr. & Naturalization Serv.
  762 F.2d 193· 2d Cir.· 1985-05-13 ·cited 8×
  The court held that the district court lacked jurisdiction over the employee's claim of retaliatory suspension because the employee failed to exhaust administrative remedies and did not properly commence an action for that claim. Furthermore, the court held that even if jurisdict
• Polo Fashions, Inc. v. Stock Buyers Int'l, Inc.
  760 F.2d 698· 6th Cir.· 1985-04-26 ·cited 8×
  The court held that appointing attorneys for a party in the underlying civil litigation to solely prosecute a criminal contempt action constitutes an abuse of discretion, denying due process.
• Nat'l Bd. OF Young Men's Christian Ass'ns v. The Flint Young Men's Christian Ass'n OF Flint
  764 F.2d 199· 6th Cir.· 1985-04-19 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show sufficient irreparable injury due to lack of product confusion or harm to reputation.
• Tiffany Sands, Inc. v. Mezhibovsky
  463 So. 2d 349· Fla. 3d DCA· 1985-01-15 ·cited 8×
  The court reversed the denial of a preliminary injunction to enforce a non-competition provision of an employment contract, finding the provision reasonable and enforceable upon termination.
• Amoco OIL Co. v. Rainbow Snow
  748 F.2d 556· 10th Cir.· 1984-11-19 ·cited 8×
  The court held that the district court erred by limiting its analysis of trademark infringement to confusion of source, rather than also considering confusion of sponsorship or affiliation.
• McDONELL v. Hunter
  746 F.2d 785· 8th Cir.· 1984-11-02 ·cited 8×
  The court held that the District Court did not abuse its discretion in granting a preliminary injunction against certain searches and tests of correctional officers.
• Philips Bus. Sys., Inc. v. Executive Commc'ns Sys., Inc.
  744 F.2d 287· 2d Cir.· 1984-09-12 ·cited 8×
  The court held that the Robinson-Patman Act claims were barred by the injunction bond rule, but the award of attorney's fees to the distributors was an abuse of discretion.
• S. Bend Consumers Club, Inc. v. United Consumers Club, Inc.
  742 F.2d 392· 7th Cir.· 1984-08-30 ·cited 8×
  The court held that the district court's order granting partial summary judgment on the enforceability of a restrictive covenant is not an appealable interlocutory order denying injunctive relief because the appellant failed to demonstrate serious, irreparable consequences and th
• Thompson v. Tega-Rand Int'l
  740 F.2d 762· 9th Cir.· 1984-08-16 ·cited 8×
  An arbitration award must be upheld unless arbitrators were partial, exceeded their authority, or acted in manifest disregard of the law.
• Michels v. United States Olympic Comm.
  741 F.2d 155· 7th Cir.· 1984-08-16 ·cited 8×
  The court held that the Amateur Sports Act does not provide for private enforcement and the USOC's duty to resolve disputes is limited to those involving its members.
• The Libertarian Party OF Ind. v. Packard
  741 F.2d 981· 7th Cir.· 1984-08-15 ·cited 8×
  The court held that Indiana's Personalized License Plate Act does not violate the First Amendment by conditioning a government benefit on the surrender of constitutional rights, as public financing of political parties serves a governmental interest in facilitating public discour
• Richardson v. Upchurch
  452 So. 2d 1117· Fla. 2d DCA· 1984-07-13 ·cited 8×
• Martinez v. R.I. Hous. & Mortg. Fin. Corp.
  738 F.2d 21· 1st Cir.· 1984-06-27 ·cited 8×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against RIHMFC's income mix requirements, as they were at odds with the intent of the OBRA amendments.
• Nat'l Ass'n for Advancement of Colored People v. Donovan
  737 F.2d 67· D.C. Cir.· 1984-06-12 ·cited 8×
  The court held that the district court erred in issuing an interlocutory injunction to enforce its prior order, as the Department of Labor was free to amend its regulations through proper rulemaking. The court also found the district court failed to properly analyze the factors f
• Ass'n FOR Reduction OF Violence v. Hall
  734 F.2d 63· 1st Cir.· 1984-05-09 ·cited 8×
  The court held that a grant of summary judgment based on privileged documents, which were not discoverable by the non-moving party, must be vacated and remanded.
• Hemphill v. Zion Hope Primitive Baptist Church OF Pensacola, Inc.
  447 So. 2d 976· Fla. 1st DCA· 1984-03-16 ·cited 8×·via Temporary Injunction
  A former pastor challenges a temporary injunction preventing him from acting as pastor of Zion Hope Primitive Baptist Church after his termination by the Board of Trustees. The court affirms the injunction, holding that the First Amendment does not bar judicial review where the d
• Clean-Up '84 v. Heinrich
  582 F. Supp. 125· M.D. Fla.· 1984-03-05 ·cited 8×
  The court held that a preliminary injunction should be granted to prevent the enforcement of Fla. Stat. § 104.36, as it likely violates First Amendment rights by being overbroad and not the least restrictive means of regulating election conduct.
• Detroit v. Consol. Rail Corp.
  727 F.2d 1391· 6th Cir.· 1984-01-24 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) has primary jurisdiction over disputes involving the cancellation of joint rail rates, requiring courts to defer to the ICC's expertise in ratemaking and cost analysis.
• Int'l Union United Auto. v. Lester Eng'g Co. & Nesco, Inc.
  718 F.2d 818· 6th Cir.· 1983-10-12 ·cited 8×
  The court held that the district court correctly denied the union's request for a preliminary injunction because the decision to close the plant was not an arbitrable dispute under the collective bargaining agreement.
• Warner v. The Cent. Tr. Co., N.A.
  715 F.2d 1121· 6th Cir.· 1983-09-07 ·cited 8×·via Preliminary Injunction Requirements
  The court held that the appellant failed to meet the requirements for a preliminary injunction, specifically the likelihood of success on the merits and irreparable injury.
• Frumer v. Cheltenham Twp.
  709 F.2d 874· 3d Cir.· 1983-06-17 ·cited 8×
  The court held that the appeal from the denial of a preliminary injunction was not moot and affirmed the denial because the ordinance was a valid content-neutral time, place, and manner regulation.
• Conn. Res. Recovery Auth. v. Occidental Petroleum Corp.
  705 F.2d 31· 2d Cir.· 1983-04-06 ·cited 8×
  The court held that a request for injunctive enforcement of a contract's status quo provision pending arbitration requires a demonstration of supporting equitable factors, such as the absence of an adequate remedy at law or a danger of irreparable harm.
• Gligorijevic v. Gligorijevic
  427 So. 2d 1060· Fla. 2d DCA· 1983-03-09 ·cited 8×·via Temporary Injunction
  Father appealed a Florida circuit court order that declined to recognize and enforce a New Jersey custody modification decree and refused to exercise jurisdiction over the mother's petition for custody determination. The court held that the mother's wrongful conduct in removing t
• The Port Auth. Police Benevolent Ass'n, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  698 F.2d 150· 2d Cir.· 1983-01-12 ·cited 8×
  The court held that the district court erred in denying class certification based on a misinterpretation of the plaintiff's claim as seeking individual promotions rather than the suppression of protected speech. The court also reversed the denial of the preliminary injunction, fi
• Williams v. Curtiss-Wright Corp. Appeal of James Williams
  691 F.2d 168· 3d Cir.· 1982-10-21 ·cited 8×
  The court should reverse the portion of the preliminary injunction regarding the identification system for reverse-engineered parts because it unnecessarily restricts the seller's ability to sell the parts.
• S. E. Human Dev. Corp. v. Schweiker
  687 F.2d 1150· 8th Cir.· 1982-08-27 ·cited 8×
  The court held that South Dakota failed to comply with the Omnibus Budget Reconciliation Act of 1981's requirements for timely submission of reports and holding public hearings for community service block grant funds. Consequently, the Secretary was obligated to distribute funds
• The Singer Co. v. P. R. Mallory & Co., Inc.
  671 F.2d 232· 7th Cir.· 1982-02-12 ·cited 8×
  The court held that the district court abused its discretion by issuing an injunction against patent reissue proceedings and staying the Patent Office, as the moving party failed to demonstrate irreparable harm and other necessary prerequisites for injunctive relief.