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

• In re Eagle-Picher Indus., Inc. v. Eagle-Picher Indus., Inc.
  963 F.2d 855· 6th Cir.· 1992-05-07 ·cited 2×
  The court affirmed the district court's order, holding that the bankruptcy court did not abuse its discretion in granting a preliminary injunction to protect the debtor's reorganization efforts, even without a full evidentiary hearing, and that the recusal issue was not preserved
• Goodheart Clothing Co., Inc. v. Laura Goodman Enters., Inc.
  962 F.2d 268· 2d Cir.· 1992-05-07 ·cited 2×
  The dissenting judge believes the district court's judgment, based on a Rule 68 offer and acceptance, should be affirmed, including the award of attorney's fees.
• Parker v. Ryan
  959 F.2d 579· 5th Cir.· 1992-04-30 ·cited 2×
  The court held that the district court conducted adequate judicial review of the OTS's temporary cease and desist order without an evidentiary hearing, and therefore affirmed the district court's judgment.
• MAI Basic Four, Inc. v. Basis, Inc.
  962 F.2d 978· 10th Cir.· 1992-04-24 ·cited 2×
  The court held that while it had jurisdiction to hear the appeal of the preliminary injunction, the injunction itself was overly broad and not supported by the findings of vexatious conduct.
• John Maye Co., Inc. v. Nordson Corp.
  959 F.2d 1402· 7th Cir.· 1992-04-08 ·cited 2×·via Preliminary Injunction Standard
  A party must have the right to sell the grantor's goods or use its commercial symbols to be considered a dealer under the Wisconsin Fair Dealership Law; mere distribution of promotional materials or limited use of trademarks is insufficient.
• McLaughlin Ex Rel. McLaughlin v. Williams
  801 F. Supp. 633· S.D. Fla.· 1992-04-02 ·cited 2×
  The court held that the plaintiff demonstrated a likelihood of success on the merits, showing that the state's policy of refusing to fund liver/small bowel transplants was likely unreasonable and the procedure could not be deemed experimental on the current record.
• S & M Constructors, Inc. v. The Foley Co.
  959 F.2d 97· 8th Cir.· 1992-03-16 ·cited 2×
  The court held that the Contract Disputes Act does not require a stay of arbitration proceedings, and the subcontractor failed to demonstrate a likelihood of success on the merits.
• Kan. Health Care Ass'n, Inc. v. Kan. Dep't OF Soc. & Rehab. Servs.
  958 F.2d 1018· 10th Cir.· 1992-03-12 ·cited 2×
  The court held that the plaintiff associations lack associational standing because resolving their claims regarding the adequacy of Medicaid reimbursement rates and the state agency's findings requires individualized proof from their member providers.
• State OF N.C. v. City OF Va. Beach
  951 F.2d 596· 4th Cir.· 1991-12-06 ·cited 2×
  The dissenting judge would affirm the district court's decisions to enjoin construction pending FERC's environmental review and to deny the motion to alter or amend the injunction.
• The Omaha Indem. Co. & The Mut. of Omaha Ins. Co. v. Wining
  949 F.2d 235· 8th Cir.· 1991-11-08 ·cited 2×
  The court held that interlocutory orders restraining asset transfers and appointing a receiver, issued in the context of civil contempt proceedings, were appealable as modifications of a preliminary injunction and were a proper exercise of the district court's equitable discretio
• Chez SEZ III Corp. v. Twp. OF Union
  945 F.2d 628· 3d Cir.· 1991-09-24 ·cited 2×·via Preliminary Injunction Standard
  The court held that abstention under the Pullman doctrine was proper because the state law regarding zoning ordinances was unsettled and its resolution could eliminate the federal constitutional claim, and the denial of a preliminary injunction was also proper as the plaintiffs w
• Emp'rs Ins. OF Wausau v. Albert D. Seeno Constr. Co.
  945 F.2d 284· 9th Cir.· 1991-09-20 ·cited 2×
  California law does not require an insurance carrier to segregate its liability claims handling from its coverage investigation when issuing a reservation of rights.
• Vuitton v. Helene White
  945 F.2d 569· 3d Cir.· 1991-09-18 ·cited 2×
  An order denying an application for an ex parte seizure order under 15 U.S.C. § 1116(d) is immediately appealable as a denial of an injunction under 28 U.S.C. § 1292(a)(1), and the district court's refusal to grant such an order in this case was an abuse of discretion.
• Cellular Sales, Inc. v. MacKay
  942 F.2d 483· 8th Cir.· 1991-08-13 ·cited 2×
  The court held that the name 'Cellular Sales' is generic and not entitled to trade name protection, and the plaintiff failed to establish irreparable harm.
• Equal Emp. Opportunity Comm'n v. Recruit U.S.A., Inc.
  939 F.2d 746· 9th Cir.· 1991-07-19 ·cited 2×
  The court held that even if the EEOC violated Title VII's confidentiality provisions, the district court did not abuse its discretion in granting the preliminary injunction because the substantial public interest in eradicating discrimination outweighs the 'clean hands' doctrine.
• Lund Indus. v. GO Indus., Inc.
  938 F.2d 1273· Fed. Cir.· 1991-07-03 ·cited 2×
  The court held that a district court must compare an accused design to the patent claims, not to a previously infringing design, when determining design patent infringement in a new action.
• Nw. Nat'l Ins. Co. OF Milwaukee v. Alberts
  937 F.2d 77· 2d Cir.· 1991-06-28 ·cited 2×
  A preliminary injunction enforcing surety rights of exoneration and quia timet was improvidently granted because the surety failed to establish irreparable harm flowing solely from the loss of those rights.
• Great Am. Audio Corp. v. Metacom, Inc.
  938 F.2d 16· 2d Cir.· 1991-06-28 ·cited 2×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion, but dismissed the appeal of the denial of permanent injunctive relief due to lack of a final judgment.
• Morscott, Inc. v. City OF Cleveland
  936 F.2d 271· 6th Cir.· 1991-06-21 ·cited 2×
  The court held that a marginal entry denying attorney's fees under 42 U.S.C. § 1988 is insufficient without stated reasons, and absent special circumstances, prevailing parties must be awarded fees.
• Niagara Hooker Emps. Union v. Occidental Chem. Corp.
  935 F.2d 1370· 2d Cir.· 1991-06-20 ·cited 2×
  The court held that the district court erred in issuing a preliminary injunction against the employer's random drug testing program because it did not sufficiently frustrate the arbitral process.
• Ala. Sportservice, Inc. v. Nat'l Horsemen's Benevolent & Protective Ass'n
  767 F. Supp. 1573· M.D. Fla.· 1991-06-13 ·cited 2×·via Preliminary Injunction Standard
  The court held that a preliminary injunction could not be granted without an evidentiary hearing to determine the intent and impact of the horsemen's groups' refusal to consent to simulcasting, as the record was insufficient to establish a conspiracy or group boycott under the Sh
• Gilder v. PGA Tour, Inc.
  936 F.2d 417· 9th Cir.· 1991-06-12 ·cited 2×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the PGA's U-groove ban, finding serious questions on the merits and that the balance of hardships tipped sharply in favor of the plaintiffs.
• Lakedreams v. Taylor
  932 F.2d 1103· 5th Cir.· 1991-06-11 ·cited 2×
  The court affirmed the district court's grant of a preliminary injunction, finding that Lakedreams demonstrated a substantial likelihood of success on its copyright infringement claim.
• Cuban Museum of Arts & Culture, Inc. v. City of Miami
  766 F. Supp. 1121· S.D. Fla.· 1991-05-21 ·cited 2×
  The court held that the City of Miami's decision to deny the Cuban Museum continued possession of its leased premises was substantially motivated by the Museum's exercise of its First Amendment rights in exhibiting controversial art, and thus the City's actions were unconstitutio
• Tekkno Labs., Inc. v. Perales
  933 F.2d 1093· 2d Cir.· 1991-05-20 ·cited 2×
  The court held that the Eleventh Amendment bars suits seeking to tap the state treasury for past wrongs or due process claims involving property interests, absent a waiver of immunity.
• Fla. E. Coast Ry. Co. v. Martinez
  761 F. Supp. 782· M.D. Fla.· 1991-04-18 ·cited 2×
  The court held that the Governor, Attorney General, and Department of Transportation were improperly named as defendants because the statute at issue did not grant them any duties or enforcement powers regarding the local ordinances enacted under it.
• Pozsgay v. Sw. Ill. Health Facilities, Inc.
  924 F.2d 677· 7th Cir.· 1991-02-05 ·cited 2×
  A district court cannot dismiss a complaint without prejudice as to certain remedies when the plaintiff has voluntarily withdrawn those remedies from a case that is otherwise ready for final judgment.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  756 F. Supp. 1498· M.D. Fla.· 1991-02-04 ·cited 2×
  The Court holds that Scientology has standing to sue and that Clearwater Ordinance 3479-84 is constitutional. The Court grants Scientology's motion for partial summary judgment on standing but denies it on other issues, while denying Clearwater's motion on standing but granting i
• Sutton v. Evans
  918 F.2d 654· 6th Cir.· 1990-11-08 ·cited 2×
  The Eleventh Amendment bars a preliminary injunction ordering state officials to pay supplemental compensation to plaintiffs, as such relief is not ancillary to prospective relief.
• Christian Knights OF THE KU Klux Klan Invisible Empire, Inc. v. The Dist. OF Columbia
  919 F.2d 148· D.C. Cir.· 1990-10-27 ·cited 2×·via Preliminary Injunction Standard
  The court should affirm the district court's order allowing petitioners to use the traditional march route.
• Ross v. Zavarella
  916 F.2d 898· 3d Cir.· 1990-10-22 ·cited 2×
  The court held that the appeal must be dismissed for want of an appealable order because the plaintiff failed to demonstrate irreparable injury or that the order could only be effectively challenged by immediate appeal.
• The Asociacion Colombiana de Exportadores de Flores v. The United States
  916 F.2d 1571· Fed. Cir.· 1990-10-18 ·cited 2×
  The Court of International Trade has the authority to enjoin the liquidation of entries at a rate specified in an antidumping order, even if the party seeking the injunction did not request an annual review, provided the underlying antidumping order itself is being challenged.
• Cambridge LEE Indus., Inc. v. The United States
  916 F.2d 1578· Fed. Cir.· 1990-10-18 ·cited 2×
  The appeal is dismissed as moot because subsequent final judgment by the Court of International Trade rendered the issue of a preliminary injunction moot. Developments in the case made the appeal moot.
• Tullos v. Parks
  915 F.2d 1192· 8th Cir.· 1990-10-03 ·cited 2×
  The court held that the district court properly exercised ancillary jurisdiction over the defendant's state law counterclaims because they were compulsory counterclaims arising from the same transaction as the plaintiff's federal securities law claims.
• Airlines Reporting Corp. v. Incentive Internationale Travel, Inc.
  566 So. 2d 1377· Fla. 5th DCA· 1990-09-20 ·cited 2×·via Temporary Injunction
  Airlines Reporting Corporation sought to terminate its agency agreement with Incentive Internationale Travel, Inc. and recover airline tickets and identification plates after a dispute over unpaid sales proceeds. The court held that a principal may terminate an agency relationshi
• Bennett Salamon, M.D. v. Karan Munuswamy, M.D., P.A.
  566 So. 2d 899· Fla. 4th DCA· 1990-09-12 ·cited 2×·via Temporary Injunction
  A medical employer sought and obtained a temporary injunction against his former employee to enforce a noncompetition agreement restricting the employee from practicing medicine within seven miles of the employer's office for 24 months. The appellate court affirmed the injunction
• Marshall v. Sprecher
  567 So. 2d 477· Fla. 2d DCA· 1990-09-07 ·cited 2×·via Temporary Injunction
• NCNB Tex. Nat'l Bank v. Southwold Assocs.
  909 F.2d 128· 5th Cir.· 1990-08-15 ·cited 2×
  The court held that intervening events rendered the appeal moot, thus it lacked jurisdiction to review the preliminary injunction.
• Rosemount, Inc. v. United States Int'l Trade Comm'n
  910 F.2d 819· Fed. Cir.· 1990-08-02 ·cited 2×
  The court affirmed the ITC's denial of temporary relief, finding that the presumption of irreparable harm was rebutted by evidence and that the balance of harms and public interest factors supported denial.
• Local Union NO. 733 OF the Int'l Bhd. OF Elec. Workers v. Ingalls Shipbuilding Division
  906 F.2d 149· 5th Cir.· 1990-07-18 ·cited 2×·via Application For Preliminary Injunction
  The court held that the union failed to demonstrate irreparable harm sufficient to warrant a preliminary injunction against the employer's drug testing program pending arbitration, as traditional arbitral remedies could address potential harm.
• Mohammed v. Chevron U.S.A. Inc.
  738 F. Supp. 1383· M.D. Fla.· 1990-06-11 ·cited 2×
  The court held that the plaintiff failed to demonstrate a reasonable opportunity for success at trial regarding the 'bona fide' offer, and thus, the motion for a preliminary injunction was denied.
• Henco, Inc. v. Brown
  904 F.2d 11· 7th Cir.· 1990-06-07 ·cited 2×
  The court held that an appeal from a preliminary injunction is moot once the injunction's term has expired, unless specific exceptions apply.
• Smith v. State
  570 So. 2d 1315· Fla. 2d DCA· 1990-05-02 ·cited 2×·via Temporary Injunction
  The Second District Court of Appeal affirmed a trial court's grant of temporary injunctive relief and appointment of a receiver over Heather Smith's assets under Florida's Securities and Investor Protection Act, finding sufficient evidence that she committed acts in furtherance o
• Allied Pilots Ass'n v. Am. Airlines, Inc.
  898 F.2d 462· 5th Cir.· 1990-04-16 ·cited 2×
  The court held that the dispute over American Airlines' drug and alcohol testing procedures constituted a minor dispute under the Railway Labor Act, which is subject to compulsory arbitration and not federal court jurisdiction. Therefore, the preliminary injunction was vacated.
• United States v. Vanguard Inv. Co., Inc.
  907 F.2d 439· 4th Cir.· 1990-03-12 ·cited 2×
  The court affirmed the district court's rulings, holding that Vanguard was not entitled to file a bankruptcy petition and that summary judgment for the SBA was proper due to Vanguard's admitted violations of regulations.
• United Mine Workers OF Am. 1950 Benefit Plan & Tr. v. Bituminous Coal Operators' Ass'n, Inc.
  898 F.2d 177· D.C. Cir.· 1990-02-27 ·cited 2×
  The court held that the district court erred in applying the parol evidence rule to exclude contemporaneous memoranda that clarified the BCOA's obligation to increase contribution rates. The court found the BCOA's interpretation of the agreement as granting unbridled discretion u
• Sec. & Exch. Comm'n v. Int'l Swiss Invs. Corp.
  895 F.2d 1272· 9th Cir.· 1990-02-12 ·cited 2×
  The court held that the SEC's service of process abroad was valid under the Federal Rules of Civil Procedure, and the district court had the power to issue and enforce its injunction and contempt order.
• Dist. 29 v. NEW Beckley Mining Corp.
  895 F.2d 942· 4th Cir.· 1990-02-08 ·cited 2×
  The dissenting judge believes the controversy does not constitute a 'labor dispute' under the Norris-LaGuardia Act, and therefore an injunction was improperly issued.
• Alessi v. Commonwealth OF Pa.
  893 F.2d 1444· 3d Cir.· 1990-01-11 ·cited 2×·via Preliminary Injunction Standard
  The Eleventh Amendment bars federal courts from awarding relief for violations of state law, even if framed as a procedural due process claim.
• United States v. One Parcel of Real Est. at 1303 Whitehead St.
  729 F. Supp. 98· S.D. Fla.· 1990-01-05 ·cited 2×·via Preliminary Injunction Standard
  The court held that the government must make a compelling showing of good cause, analogous to the standard for a preliminary injunction, to obtain a stay of civil forfeiture proceedings.