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

• Tribal Vill. OF Akutan v. Hodel
  792 F.2d 1376· 9th Cir.· 1986-04-28 ·cited 2×
  The court held that the Secretary of the Interior must comply with the notice and hearing procedures of ANILCA section 810(a) when he finds that significant restrictions on subsistence uses are "unlikely," not just when he finds they "would" occur.
• Lucinda Turner v. Heckler
  783 F.2d 657· 6th Cir.· 1986-02-14 ·cited 2×
  The court held that the district court abused its discretion by issuing a preliminary injunction against the Secretary without considering the Secretary's offer of proof that the alleged procedural deficiency had been rectified.
• Polk v. Montgomery Cnty.
  782 F.2d 1196· 4th Cir.· 1986-02-06 ·cited 2×
  The court held that the district court erred in applying the doctrine of offensive collateral estoppel because the prior judgment was not sufficiently final and the issues may not be identical.
• Bennett v. Nanette Jepson
  482 So. 2d 570· Fla. 4th DCA· 1986-02-05 ·cited 2×
• Myron A. Hamilton v. Smith
  808 F.2d 36· 10th Cir.· 1986-01-03 ·cited 2×
  The court held that a notice of lis pendens may not be filed in anticipation of a money judgment under Utah law.
• The Steamboaters v. Fed. Energy Regulatory
  777 F.2d 1384· 9th Cir.· 1985-12-05 ·cited 2×
  The court denied the petition for rehearing and all motions for injunctive relief, finding no basis to modify the prior decision or permit continued operation of the hydropower project.
• Marine Transp. Lines, Inc. v. The Int'l Org. OF Masters
  770 F.2d 1526· 11th Cir.· 1985-09-17 ·cited 2×
  The court held that the district courts lacked jurisdiction to issue preliminary injunctions because the cases involved labor disputes and the courts failed to make the required findings of unlawful acts under the Norris-LaGuardia Act.
• L.P. Acquisition Co. v. Tyson
  772 F.2d 201· 6th Cir.· 1985-08-26 ·cited 2×
• Int'l Food & Bev. Sys. v. City of Fort Lauderdale
  614 F. Supp. 1517· S.D. Fla.· 1985-08-09 ·cited 2×
  City zoning ordinances restricting the location of establishments permitting nudity and serving alcohol are unconstitutional as applied because they are not narrowly tailored and effectively deny reasonable access to constitutionally protected expression.
• Britt v. Schenk
  769 F.2d 84· 2d Cir.· 1985-07-30 ·cited 2×·via Preliminary Injunction Standard
  The court should affirm the district court's injunction preventing the Corps from removing the Route 18 bridge until local assurances of replacement are received.
• Frazier v. Pingree
  612 F. Supp. 345· M.D. Fla.· 1985-07-02 ·cited 2×
  The court granted plaintiffs' motion for a preliminary injunction and class certification, enjoining the enforcement of regulations requiring the inclusion of Title II beneficiaries in AFDC assistance groups.
• Olivieri v. Ward
  766 F.2d 690· 2d Cir.· 1985-06-28 ·cited 2×
  The court held that the Police Department's plan to restrict demonstrations on the sidewalk in front of St. Patrick's Cathedral during the Gay Pride March was a reasonable time, place, and manner restriction justified by public safety concerns.
• State v. McCORMICK
  464 So. 2d 632· Fla. 5th DCA· 1985-02-28 ·cited 2×
  The court held that the trial court erred in its interpretation of DER regulations regarding dredging/filling and solid waste disposal, and that a preliminary injunction should have been granted.
• Friends OF the HOP Marketing Order v. Block
  753 F.2d 777· 9th Cir.· 1985-02-12 ·cited 2×
  The court held that the issues presented were not ripe for judicial review, and therefore affirmed the denial of the preliminary injunction.
• City OF Angoon v. Marsh
  749 F.2d 1413· 9th Cir.· 1984-12-27 ·cited 2×
  The court held that timber harvesting on private lands conveyed to an Alaska Native Corporation, even if located within the exterior boundaries of a National Forest Monument, is not prohibited by ANILCA section 503(d), which applies only to public lands.
• Metro. Life Ins. Co. v. Austin
  461 So. 2d 252· Fla. 2d DCA· 1984-12-21 ·cited 2×·via Temporary Injunction
  Metropolitan Life Insurance Company appealed a trial court's refusal to enter a permanent injunction regarding air conditioning hours in a commercial lease dispute. The appellate court had previously determined that "usual business hours" required air conditioning from 8:00 a.m.
• Cardiff Acquisitions, Inc. v. Hatch
  751 F.2d 917· 8th Cir.· 1984-12-14 ·cited 2×
  The court held that while the district court may not have abused its discretion in denying a preliminary injunction, certain disclosures may be deficient, and the case is remanded for further factual findings and potential injunction.
• State v. Standard Fed. Sav. & Loan Ass'n & K-Mart Corp.
  463 So. 2d 297· Fla. 1st DCA· 1984-12-11 ·cited 2×·via Motion For Preliminary Injunction
  The Florida Department of Banking and Finance appealed the denial of a preliminary injunction seeking to stop Standard Federal Savings & Loan Association and K-Mart from marketing deposit accounts through K-Mart retail locations. The court upheld the trial court's denial, holding
• ALL Am. Distrib. Co., Inc. v. Miller Brewing Co.
  736 F.2d 530· 9th Cir.· 1984-06-29 ·cited 2×
  A party can be considered a 'prevailing party' entitled to attorney fees under the Arizona Spirituous Liquor Franchises Act even without a full adjudication on the merits, if the totality of the litigation shows they prevailed.
• Luis Rosario, Inc. v. Amana Refrigeration, Inc.
  733 F.2d 172· 1st Cir.· 1984-05-03 ·cited 2×
  The court held that the district court did not err in denying a preliminary injunction because it properly considered the parties' interests and the purposes of the Puerto Rico Dealer's Act in finding potential 'just cause' for termination.
• Genovese Drug Stores, Inc. v. Conn. Packing Co., Inc.
  732 F.2d 286· 2d Cir.· 1984-04-06 ·cited 2×
  A lessee is only charged with constructive notice of encumbrances within its direct chain of title; therefore, Fotomat had no duty to search the chain of title of an entity other than its lessor, Copaco.
• Global Int'l Airways Corp. v. The Port Auth. OF NEW York & NEW Jersey
  731 F.2d 127· 2d Cir.· 1984-03-14 ·cited 2×
  The court clarified that its prior decision addressed only facial preemption and did not resolve claims of unreasonable burden on commerce, discrimination, or operational preemption, which remain for the district court to consider.
• Cal. Cedar Prods. Co. v. Pine Mountain Corp.
  724 F.2d 827· 9th Cir.· 1984-01-25 ·cited 2×·via Preliminary Injunction Standard
  The court held that the district court did not err in granting a preliminary injunction, affirming that the effective date of trademark abandonment was June 28, 1982, and that California Cedar, as the first to use the mark commercially thereafter, was entitled to exclusive rights
• Commodity Futures Trading Comm'n v. Chilcott Portfolio Mgmt., Inc.
  725 F.2d 584· 10th Cir.· 1984-01-19 ·cited 2×
  The court held that the district court did not err in denying a creditor's petition to intervene and sue the receiver, as the established claims procedure adequately protected the creditor's interests.
• Equity Grp. Holdings v. DMG, Inc.
  576 F. Supp. 1197· S.D. Fla.· 1983-12-15 ·cited 2×
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a de facto merger claim, and therefore denied the motion for a preliminary injunction.
• Am. DRY Cleaners & Laundry, Inc. v. The United States Dep't OF Transp. & its Sec'y
  722 F.2d 70· 4th Cir.· 1983-11-30 ·cited 2×
  The court held that the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 requires the government to assist displaced businesses in obtaining a suitable relocation site, but does not require the government to obtain or tender a specific replacement location.
• Cash v. The Surf Club
  436 So. 2d 970· Fla. 3d DCA· 1983-07-26 ·cited 2×
  In this consolidated appeal, the Third District Court of Appeal reversed the trial court's denial of preliminary and temporary injunctions sought by property owners to prevent the Surf Club from disposing of their proprietary interests, while affirming the stay of the action pend
• United States v. Bedford Assocs.
  713 F.2d 895· 2d Cir.· 1983-07-14 ·cited 2×
  The court held that the government was entitled to restitution from Bowery for mistaken utilities payments and from Bedford for overpaid rent due to improper credit for renovations, but affirmed denial of restitution from Bowery for rent and denial of benefit-of-the-bargain damag
• State OF NEW York Dist. Attorney Investigators Police Benevolent Ass'n, Inc. v. Richards
  711 F.2d 8· 2d Cir.· 1983-06-28 ·cited 2×
  The district court erred in dismissing the complaint for lack of subject matter jurisdiction, as the claims presented were not "patently without merit."
• Am. Rice, Inc. v. The Ark. Rice Growers Coop. Ass'n
  701 F.2d 408· 5th Cir.· 1983-03-28 ·cited 2×
  The court held that the Lanham Act applies to trademark infringement by a U.S. corporation occurring in a foreign country if it affects U.S. commerce, and that the doctrine of forum non conveniens was not applicable.
• Loomis v. Gulf Oil Corp.
  567 F. Supp. 591· M.D. Fla.· 1983-03-08 ·cited 2×
  The court held that Gulf Oil Corporation properly terminated the franchise and lease agreements due to the franchisee's failure to pay for petroleum products, and that the notices provided complied with the Petroleum Marketing Practices Act.
• Higbee v. Starr
  698 F.2d 945· 8th Cir.· 1983-02-02 ·cited 2×·via Preliminary Injunction Standard
  The court held that while the plaintiff may suffer irreparable harm and the public interest favors her, the likelihood of success on the merits of her retaliatory eviction claim is too doubtful to grant a preliminary injunction.
• Charla Duke v. Emory Langdon
  701 F.2d 768· 9th Cir.· 1983-01-04 ·cited 2×·via Preliminary Injunction Standard
  A probationary federal employee cannot assert a due process claim based on termination for unsatisfactory performance, nor can they establish an implied contract claim based solely on internal agency manual procedures.
• Mel Summerlin v. Lamar Advertising OF Pensacola, Inc.
  419 So. 2d 781· Fla. 1st DCA· 1982-09-23 ·cited 2×
  Summerlin appeals a preliminary injunction enforcing a non-compete covenant in his employment contract with Lamar Advertising. The court affirms the injunction, holding that Lamar adequately demonstrated irreparable harm and that an injunction is an appropriate remedy for breach
• Jackson v. City of Belle Glade
  95 F.R.D. 384· S.D. Fla.· 1982-09-09 ·cited 2×
• Rutledge v. Aluminum
  681 F.2d 1352· 11th Cir.· 1982-08-02 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the appellant was unlikely to succeed on the merits of his claims under the relevant federal law and union constitution.
• Cascade Local Lodge NO. 297 v. Int'l Ass'n OF MacHinists
  684 F.2d 609· 9th Cir.· 1982-07-13 ·cited 2×
  The court affirmed the district court's preliminary injunction, finding no abuse of discretion in its issuance.
• Citizens FOR Responsible Area Growth v. Brock Adams
  680 F.2d 835· 1st Cir.· 1982-05-25 ·cited 2×
  The court held that the district court abused its discretion in interpreting the consent decree to prohibit AMCA from building its hangar, and the decree must be modified to allow construction.
• Soler v. G & U, Inc.
  690 F.2d 301· 2d Cir.· 1982-05-20 ·cited 2×·via Preliminary Injunction Standard
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs were unlikely to succeed on the merits of their discrimination claim and would not suffer irreparable harm.
• Fehlhaber v. State OF N.C.
  675 F.2d 1365· 4th Cir.· 1982-04-15 ·cited 2×
  The court held that the North Carolina obscenity nuisance statute, which allows for permanent injunctions against the sale or exhibition of materials not yet judicially determined to be obscene, violates the First Amendment by imposing an impermissible prior restraint.
• Minn. Mining & Mfg. Co. v. Rynne
  661 F.2d 722· 8th Cir.· 1981-10-21 ·cited 2×
  The court affirmed the district court's decisions to issue a preliminary injunction and dismiss a party, finding no abuse of discretion and proper jurisdiction.
• Herwald v. Schweiker
  658 F.2d 359· 5th Cir.· 1981-10-07 ·cited 2×
  The court affirmed the denial of a preliminary injunction, finding that while the district court's reasoning regarding subject-matter jurisdiction was flawed, there was a sufficient substantive basis to deny the injunction.
• Intertrack Transp., Inc. v. B & G Horse Transp., Inc.
  403 So. 2d 1058· Fla. 3d DCA· 1981-09-08 ·cited 2×·via Temporary Injunction
  Intertrack Transportation and its parent companies appealed from a judgment denying them damages on an injunction bond for a temporary injunction that restrained them from transporting horses without proper certification. The court reversed, finding the temporary injunction was w
• Stewart v. Rhodes
  656 F.2d 1216· 6th Cir.· 1981-08-12 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding attorney's fees to the plaintiffs.
• Womens Servs. v. Douglas
  653 F.2d 355· 8th Cir.· 1981-07-15 ·cited 2×
  Abstention under Younger v. Harris was improper because the federal plaintiffs were not parties to the state criminal proceeding and their interests were not sufficiently intertwined to warrant interference with their federal claims.
• Aman v. Handler
  653 F.2d 41· 1st Cir.· 1981-07-07 ·cited 2×
  The court held that the district court applied incorrect standards in denying the preliminary injunction and that further proceedings are necessary to determine if recognition denial violated students' First Amendment rights.
• E. H. I. OF Fla., Inc. v. Ins. Co. OF N. Am.
  652 F.2d 310· 3d Cir.· 1981-05-26 ·cited 2×·via Preliminary Injunction Standard
  The court held that the solicitation of bondholder approval for an asset sale, where the bonds themselves were not tendered, did not constitute a tender offer or involve securities requiring registration under federal securities laws.
• Gory Associated Indus., Inc. v. Griffin
  397 So. 2d 1054· Fla. 4th DCA· 1981-05-13 ·cited 2×·via Temporary Injunction
  Gory Associated Industries appealed the denial of a temporary injunction against a former officer who violated a non-compete covenant. The court reversed, finding the trial court erred in excluding testimony about the corporate affiliate relationship and abused its discretion in
• Nute v. Fla. Dep't of Law Enf't
  397 So. 2d 1222· Fla. 1st DCA· 1981-05-12 ·cited 2×·via Temporary Injunction
  Dale Nute, an FDLE Crime Laboratory Supervisor, appealed his involuntary transfer from Tallahassee to Tampa, arguing he was entitled to an administrative hearing under Florida's Administrative Procedure Act. The court held that FDLE transfers are statutorily exempt from review an
• Owen v. Mulligan
  640 F.2d 1130· 9th Cir.· 1981-04-03 ·cited 2×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction requiring the Postal Service to follow its own regulations regarding bulk mail permits.