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

• Ross v. Champion Computer Corp.
  582 So. 2d 152· Fla. 4th DCA· 1991-07-10
  The Fourth District Court of Appeal affirmed a preliminary injunction against appellants Ross and Professional Data Resources for violating a non-competition agreement with Champion Computer Corporation, but reversed and remanded the trial court's decision to enforce a contractua
• SCFC ILC, Inc. v. VISA USA, Inc.
  936 F.2d 1096· 10th Cir.· 1991-06-18 ·via Preliminary Injunction Standard
  The court held that the district court erred in granting a preliminary injunction because the movant failed to meet the heightened burden required for an injunction that alters the status quo and is mandatory in nature.
• Planned Parenthood Ass'n OF THE Atlanta Area, Inc. v. Zell Miller
  934 F.2d 1460· 11th Cir.· 1991-06-17
  The Eleventh Circuit held that the Georgia Parental Notification Act's notification requirements and judicial bypass procedure do not unduly burden a minor's right to an abortion and survive constitutional scrutiny.
• United States v. Bayshore Assocs., Inc.
  934 F.2d 1389· 6th Cir.· 1991-05-30
  The court held that the "permanent injunction" was a preliminary injunction, that the TRO extended by stipulation became a preliminary injunction, and that the April 12 contempt order's fine was criminal, while the incarceration was civil.
• Earth Island Inst. v. Mosbacher
  929 F.2d 1449· 9th Cir.· 1991-04-11
  The court held that the National Marine Fisheries Service regulation allowing reconsideration of an import embargo based on only six months of data, when the statute clearly requires a full year's data for comparability findings, is invalid as it conflicts with the statutory lang
• Scott v. Iron Workers Local 118, Int'l Ass'n OF Bridge, Structural & Ornamental Iron Workers, AFL-CIO
  928 F.2d 863· 9th Cir.· 1991-03-20
  The court held that the district court correctly applied the Ringsby exception and did not err in refusing to vacate its prior order when the appellant intentionally mooted the appeal to avoid the preclusive effect of the judgment.
• Int'l Longshoremen's Ass'n, AFL-CIO v. Norfolk S. Corp.
  927 F.2d 900· 6th Cir.· 1991-03-12
  The court held that the railroad defendants were not employers of the union's members and thus not subject to the preliminary injunction, and that the district court's finding of alter ego or joint employer status was clearly erroneous.
• Greenpeace USA v. Stone
  924 F.2d 175· 9th Cir.· 1991-02-05
  The court held that the appeal is moot because the chemical weapons have already been moved, rendering the requested injunctive relief regarding their transfer irrelevant.
• Cherokee Express v. Cherokee Express
  924 F.2d 603· 6th Cir.· 1991-01-24
  An appeal from a contempt order does not permit a collateral attack on the underlying injunction if the injunction was not timely appealed. The 'person injured' requirement of 49 U.S.C. § 11708 is an element of the cause of action, not a jurisdictional prerequisite.
• Fed. Sav. & Loan Ins. Corp. & Cardinal Fed. Sav. Bank v. Quinn
  922 F.2d 1251· 6th Cir.· 1991-01-07
  The court held that the employment contracts, negotiated by FSLIC and deemed necessary to remedy the thrift's unsafe condition, were not automatically terminated by regulation, and thus the officers were entitled to severance benefits.
• Church OF Scientology OF Cal. v. United States & Sandra Baker
  920 F.2d 1481· 9th Cir.· 1990-12-12
  The court held that the Anti-Injunction Act barred the Church's suit for injunctive relief because the district court lacked subject matter jurisdiction, and the Church failed to meet the narrow judicial exception to the Act.
• Ry. Labor Executives Ass'n v. Wheeling & Lake Erie Ry. Co.
  914 F.2d 53· 4th Cir.· 1990-10-25
  The court held that the district court had jurisdiction to issue a preliminary injunction against the unions' picketing because the picketing sought to circumvent the exclusive procedures of the Railway Labor Act for resolving representation disputes, and the unions' opportunity
• Sec. & Exch. Comm'n v. Unifund SAL & Tamanaco Saudi & Gulf Inv. Grp.
  917 F.2d 98· 2d Cir.· 1990-10-23
  A trustee who foreclosed on a mortgage after the note's apparent due date was barred by the statute of limitations because the note's due date was ascertainable from the public record, despite a mathematical error in payment amounts.
• Metro. Dade Cnty. v. Eisenberg
  567 So. 2d 1021· Fla. 3d DCA· 1990-10-09 ·via Temporary Injunction
  Dade County appeals a temporary restraining order that prevented the ARTS (Airport Region Taxicab Service) lottery from proceeding after the County extended the application deadline from Sunday, July 15 to Monday, July 16, 1990, resulting in a substantial increase in applications
• Mylett v. L.M. Jeane
  910 F.2d 296· 5th Cir.· 1990-09-06 ·via Preliminary Injunction Standard
  The court held that the magistrate misapplied the standard for awarding attorney's fees to prevailing defendants under 42 U.S.C. § 1988 and erred in denying reconsideration of Rule 11 sanctions against an attorney.
• Janine Turner v. Grips W., Inc.
  565 So. 2d 874· Fla. 4th DCA· 1990-08-15 ·via Temporary Injunction
  Grips Western, a feed store, sought an ex parte temporary injunction to prevent Turner from removing two horses from the court's jurisdiction to secure a debt for feed and supplies. The Fourth District Court of Appeal reversed, holding that the feed store did not qualify for a st
• Garza v. Honorable Mike Westergren
  908 F.2d 27· 5th Cir.· 1990-08-14
  The appeal is dismissed as moot because the underlying contempt hearing has already occurred, and the district court's denial of an injunction to prevent that hearing is the only issue on appeal. The court also awarded attorney's fees and double costs for a frivolous appeal.
• Hodge Bus. Computer Sys., Inc. v. U.S.A. Mobile Commc'ns, Inc., II
  910 F.2d 367· 6th Cir.· 1990-08-09
  A preliminary injunction prohibiting the use of software is vacated because the moving party failed to demonstrate irreparable injury beyond monetary loss, which is compensable by damages.
• Taylor v. Honig
  910 F.2d 627· 9th Cir.· 1990-08-07
  The court held that a preliminary injunction ordering a school district to place a severely emotionally disturbed child in a residential facility like San Marcos was appropriate under the EHA, as it was likely an educational institution rather than solely a hospital providing exc
• Westmoreland Coal Co., Inc. v. Int'l Union
  910 F.2d 130· 4th Cir.· 1990-08-06
  The court held that the district court erred by not factually finding the cause of the work stoppage and that the work stoppage was not subject to the Boys Markets injunction exception.
• Outboard Marine Corp. & Donzi Marine Corp. v. Donvee Inc.
  907 F.2d 59· 8th Cir.· 1990-06-26
  The court held that the appellant is bound by the terms of the injunction agreed to by its counsel, even if it now disputes the underlying merits.
• Dahlem v. The Bd. OF Educ. OF Denver Pub. Schs.
  901 F.2d 1508· 10th Cir.· 1990-04-23
  A plaintiff who obtains a preliminary injunction that grants the relief sought, even if the case later becomes moot on appeal, is a prevailing party for attorney's fees under 42 U.S.C. § 1988, unless special circumstances render an award unjust.
• Sasso v. Milhollan
  735 F. Supp. 1045· S.D. Fla.· 1990-04-19 ·via Application For Preliminary Injunction
  The court held that the plaintiff failed to establish the prerequisites for a preliminary injunction, denying his application to enjoin his deportation hearing transfer.
• L.W. Laird v. Integrated Res., Inc.
  897 F.2d 826· 5th Cir.· 1990-04-06
  The court, in a special concurrence, agreed with the majority's result to reverse summary judgment but disagreed with the broad fiduciary duty standard announced by the majority for investment advisors under § 10(b).
• S. Fla. Water Mgmt. Dist. v. City OF ST. Cloud
  555 So. 2d 1328· Fla. 5th DCA· 1990-02-01 ·via Temporary Injunction
  The Fifth District Court of Appeal clarified its prior order regarding attorney's fees awards in two consolidated appeals involving the City of St. Cloud and the South Florida Water Management District. The court awarded attorney's fees under the Environmental Protection Act but
• Pinellas Cnty. v. Seminole Lake Country Club Ests. Homeowners Ass'n, Inc.
  555 So. 2d 883· Fla. 2d DCA· 1989-12-27 ·via Temporary Injunction
  The court held that the trial court erred in denying the County's motion to dissolve a temporary injunction.
• United Liquors, Inc. v. Carillon Importers, Ltd.
  893 F.2d 1· 1st Cir.· 1989-12-21
  The court held that the agreement lacked sufficient definiteness to enforce exclusivity beyond the initial one-year term, as future targets were not mutually agreed upon.
• Murrow Furniture Galleries, Inc. v. Thomasville Furniture Indus., Inc.
  889 F.2d 524· 4th Cir.· 1989-11-17
  The court held that the denial of a preliminary injunction was not an abuse of discretion, and that the dismissal of certain claims was proper, but remanded for leave to amend the Sherman Act § 2 claim.
• Haywood Emmanuel Penny v. Shansky
  884 F.2d 329· 7th Cir.· 1989-09-13
  The court held that the magistrate erred in dismissing the prisoner's suit for failure to appear at a hearing without prior warning or request from the defendant.
• Ry. Labor Executives' Ass'n v. Pittsburgh & Lake Erie R.R. Co.
  884 F.2d 744· 3d Cir.· 1989-09-07
  The court held that the issue of a strike injunction was moot and remanded the case to the district court for dismissal.
• United States v. The Fed. Deposit Ins. Corp. for MBank Houston, N.A.
  881 F.2d 207· 5th Cir.· 1989-08-28 ·via Preliminary Injunction Requirements
  The court held that the filing of an abstract of judgment against a national bank before a final judgment is prohibited by 12 U.S.C. § 91, and the United States has standing to seek an injunction to prevent such filings.
• United States v. Focht
  882 F.2d 55· 3d Cir.· 1989-08-08
  The court held that the "intended to produce" language in regulations concerning fireworks components requires an objective seller standard, not a subjective consumer standard, to determine violations of the Federal Hazardous Substances Act.
• Parker v. United States Dep't OF Agric.
  879 F.2d 1362· 6th Cir.· 1989-07-13
  The court held that borrowers of FmHA guaranteed loans are not third-party beneficiaries of the lender's agreement with FmHA and thus do not have a right to appeal FmHA decisions regarding foreclosure or loan servicing.
• S.B. McLAUGHLIN & Co., Ltd. v. Tudor Oaks Condo. Project
  877 F.2d 707· 8th Cir.· 1989-06-15
  A mere allegation of a constructive trust does not establish a sufficient proprietary interest under Minnesota law to support a notice of lis pendens without a court judgment declaring its existence.
• Allen v. Consol. City of Jacksonville
  719 F. Supp. 1532· M.D. Fla.· 1989-06-02
  The court held that the plaintiff lacked standing to challenge the resolution, and alternatively, that the resolution did not violate the Establishment Clause and thus a preliminary injunction was not warranted.
• CNW Corp. v. Japonica P'rs, L.P.
  874 F.2d 193· 3d Cir.· 1989-05-17 ·via Preliminary Injunction Standard
  The court held that the district court erred in finding no likelihood of success on CNW's Section 14(a) claim, as disclosure of limited partners and coinvestor agreements was required.
• Dad's Props., Inc. v. Lucas
  545 So. 2d 926· Fla. 2d DCA· 1989-05-12
  Dad's Properties, Inc. appealed the denial of its application for a preliminary injunction to enforce a covenant not to compete against the Lucas family, who sold their adult nightclub business (Sugar Daddy's) to Dad's Properties in 1986 but subsequently opened a competing club (
• MAI Basic Four, Inc. v. Prime Computer, Inc.
  871 F.2d 212· 5th Cir.· 1989-03-29
  The court held that it could not determine as a matter of law whether Drexel Burnham Lambert was a 'bidder' under the Williams Act, and therefore affirmed the district court's continuation of the injunction pending further disclosures regarding Drexel's financial condition and ab
• Aronson v. U.S. Dep't OF Hous. & Urban Dev. & Joseph McCloskey
  869 F.2d 646· 1st Cir.· 1989-03-10 ·via Preliminary Injunction Requirements
  The court held that changed circumstances regarding HUD's search procedures warrant reconsideration of the prior ruling on disclosure, and the preliminary injunction was improperly granted.
• Goethe House NEW York v. Nat'l Labor Relations Bd.
  869 F.2d 75· 2d Cir.· 1989-02-16
  The district court properly exercised jurisdiction and granted a preliminary injunction against the Board's representation election order because Goethe House is immune under the Foreign Sovereign Immunities Act.
• City OF LOS Angeles & Cnty. of Los Angeles v. McLAUGHLIN
  865 F.2d 1084· 9th Cir.· 1989-01-13
  The court held that the Secretary of Labor was not required to publish changes in the Bureau of Labor Statistics' statistical methodology under the Job Training Partnership Act or the Administrative Procedure Act, and that the change did not violate due process.
• ENG v. Coughlin
  865 F.2d 521· 2d Cir.· 1989-01-12
  The court held that an interlocutory appeal from a restricted grant of intervention is not permissible because the intervenors are parties to the proceeding and can raise their claims on appeal after a final judgment.
• Filemon Alcaraz v. March Fong EU
  861 F.2d 1101· 9th Cir.· 1988-11-06
  The court held that the district court abused its discretion by enjoining the enforcement of election statutes without evidence of rigid application or undue restriction on minority voting.
• Interco Inc. v. Cardinal Acquisition Corp.
  858 F.2d 444· 8th Cir.· 1988-10-07
  The court affirmed the district court's orders staying consideration of Interco's complaint and denying its motion to vacate the stay and for a preliminary injunction.
• Karyn Ridgeway v. Mont. High Sch. Ass'n
  858 F.2d 579· 9th Cir.· 1988-10-04
  The court affirmed the district court's denial of a permanent injunction regarding the scheduling of girls' high school basketball and volleyball seasons.
• Lawrence v. Knowles
  533 So. 2d 796· Fla. 4th DCA· 1988-09-28 ·via Temporary Injunction
• Official Airline Guides, Inc. v. Goss
  856 F.2d 85· 9th Cir.· 1988-09-01
  The court held that while OAG may have serious questions regarding common law trademark rights in "Travel Planner," it failed to demonstrate irreparable injury or a sharp tipping of the balance of hardships necessary for a preliminary injunction.
• In & for New Castle Cnty. Emerald P'rs
  Del. Ch.· 1988-08-15
  The Court of Chancery found that the merger was entirely fair to May's minority stockholders, both in terms of fair dealing and fair price. Consequently, the director defendants are not liable for monetary damages. Even if the merger were found to be unfair, the defendants would
• Moishe's Inc. v. Moishe's Steak House & Seafood, Inc.
  528 So. 2d 519· Fla. 4th DCA· 1988-07-20 ·via Temporary Injunction
  Moishe's Inc., a Montreal restaurant operating for over 50 years, appealed the denial of a temporary injunction against a North Miami Beach restaurant using a similar name and logo. The court affirmed the denial, finding insufficient evidence of trademark infringement because the
• Am. Littoral Soc'y v. Herndon
  720 F. Supp. 942· S.D. Fla.· 1988-06-10
  The court held that the Corps of Engineers adequately considered the project's impact on recreation and that the City's compliance, past and promised, satisfied the Fish and Wildlife Service's requirements under the Endangered Species Act.