Presumption Of Irreparable Injury

93 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Culpepper v. Reynolds Metals Co.
  421 F.2d 888· 5th Cir.· 1970-01-08 ·cited 136×
  The court held that the statute of limitations for filing a Title VII claim is tolled when an employee invokes contractual grievance remedies, and that preliminary injunctive relief is available to individual litigants under Title VII.
• Gupton v. Vill. KEY & SAW Shop, Inc.
  656 So. 2d 475· Fla.· 1995-06-15 ·cited 81×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a 1990 amendment to Florida's noncompete statute should be applied retroactively or prospectively. The court held that the amendment made substantive changes to noncompete law and must be appl
• Hapney v. Cent. Garage, Inc.
  579 So. 2d 127· Fla. 2d DCA· 1991-02-01 ·cited 66×
  Hapney, a former employee of Gulfcoast Auto, signed a non-compete covenant restricting his work within a three-year period and geographic area. The Florida Second District Court of Appeal reversed the trial court's temporary injunction, holding that an employee covenant not to co
• Smith Int'l, Inc. v. Hughes Tool Co.
  718 F.2d 1573· Fed. Cir.· 1983-10-06 ·cited 66×
  The court held that the district court erred in denying a preliminary injunction based on a mistaken requirement to prove the extent of infringement before issuing the injunction, and that a strong showing of patent validity and infringement creates a presumption of irreparable h
• Proudfoot Consulting Co. v. Gordon
  576 F.3d 1223· 11th Cir.· 2009-07-30 ·cited 53×
  Proudfoot Consulting Company sued former employee Derrick Gordon for breaching restrictive covenants in his employment agreement after he joined Highland, a direct competitor, in June 2006. The district court found all restrictive covenants enforceable under Florida law, granted
• Bradley v. Health Coal., Inc.
  687 So. 2d 329· Fla. 3d DCA· 1997-02-05 ·cited 43×
  Bradley, a former salesman, appeals a temporary injunction enforcing a noncompetition agreement after he went to work for a competitor. The court reverses the injunction and remands, holding that the trial court erred in refusing to consider Bradley's defenses of employer breach
• Capraro v. Lanier Bus. Prods., Inc.
  466 So. 2d 212· Fla.· 1985-03-21 ·cited 43×
  The Florida Supreme Court held that irreparable injury is presumed upon proof of breach of a valid covenant not to compete, eliminating the plaintiff's burden to prove irreparable harm as a prerequisite to obtaining a temporary injunction.
• Roper Corp. v. Litton Sys., Inc.
  757 F.2d 1266· Fed. Cir.· 1985-03-15 ·cited 39×
  The court held that a patentee seeking a preliminary injunction must demonstrate a likelihood of success on the merits and irreparable injury, and that mere apprehension of future infringement or Litton's financial solvency does not automatically establish irreparable harm.
• Env't Servs., Inc. v. Carter
  9 So. 3d 1258· Fla. 5th DCA· 2009-04-24 ·cited 38×
  Environmental Services, Inc. appeals a trial court's partial denial of its application for temporary injunctive relief against three former employees and their new employer for violating non-compete, non-solicitation, and confidentiality agreements. The Fifth District affirms in
• Atomic Tattoos, LLC v. Morgan
  45 So. 3d 63· Fla. 2d DCA· 2010-09-10 ·cited 32×
  Atomic Tattoos sought enforcement of a restrictive covenant against a former independent contractor tattoo artist who opened a competing business within the restricted geographic area and solicited the company's customers. The appellate court reversed the trial court's denial of
• Jonjuan Salon, Inc. v. Acosta
  922 So. 2d 1081· Fla. 4th DCA· 2006-03-22 ·cited 28×
  The appellate court held that the trial court abused its discretion in denying the motion for a temporary injunction because the plaintiff likely established a likelihood of success on the merits and irreparable harm.
• DePUY Orthopaedics, Inc. v. Waxman
  95 So. 3d 928· Fla. 1st DCA· 2012-08-03 ·cited 25×
  DePuy Orthopaedics appealed a trial court's denial of its motion for a temporary injunction to enforce non-compete covenants against three former sales representatives. The appellate court reversed and remanded, holding that the non-compete covenants were properly assigned to DeP
• Sarasota Bev. Co. v. Johnson
  551 So. 2d 503· Fla. 2d DCA· 1989-08-02 ·cited 25×
  Sarasota Beverage Company appeals the denial of a preliminary injunction to enforce a noncompetition agreement against former employee Johnson who was hired by competitor Blaikie & Sons. The court reverses, holding that when a noncompetition agreement is reasonable as to time and
• DON King Prods., Inc. v. Chavez
  717 So. 2d 1094· Fla. 4th DCA· 1998-09-15 ·cited 24×
  The statutory presumption of irreparable injury for breach of a restrictive covenant is rebuttable, not conclusive.
• Variable Annuity Life Ins. Co. v. Hausinger
  927 So. 2d 243· Fla. 2d DCA· 2006-05-05 ·cited 23×
  VALIC appeals the denial of a preliminary injunction against a former employee who violated a nonsolicitation agreement by soliciting customers and taking confidential information to a competitor. The court reversed, holding that Florida's statutory presumption of irreparable har
• Lovell Farms, Inc. v. Levy
  641 So. 2d 103· Fla. 3d DCA· 1994-02-15 ·cited 23×
  Lovell Farms sought a temporary injunction to prevent a former employee from working for a competitor and using alleged trade secrets in flower growing techniques. The court affirmed the denial of the temporary injunction but granted certiorari, quashing the denial of a protectiv
• The Jewett Orthopaedic Clinic, P.A. v. George M. White, M.D.
  629 So. 2d 922· Fla. 5th DCA· 1993-12-03 ·cited 23×
  Jewett Orthopaedic Clinic appeals a declaratory judgment invalidating Dr. White's covenant not to compete. The court reverses, holding that physician covenants not to compete are enforceable under Florida Statute § 542.33 if reasonable, not contrary to public health and safety, a
• SUN Elastic Corp. v. O.B. Indus.
  603 So. 2d 516· Fla. 3d DCA· 1992-06-09 ·cited 20×
  Sun Elastic sought a temporary injunction against a former employee's violation of a noncompete agreement. The trial court denied the injunction, but the appellate court reversed, holding that direct solicitation of existing customers creates a presumption of irreparable injury u
• Reliance Wholesale, Inc. v. Godfrey
  51 So. 3d 561· Fla. 3d DCA· 2010-12-22 ·cited 19×
  Reliance Wholesale appeals from a trial court's denial of its motion for a temporary injunction against former employee Godfrey for violating non-compete and non-solicitation agreements. The appellate court reversed, holding that Reliance established the statutory prerequisites f
• McNEILAB, Inc. v. Am. Home Prods. Corp.
  848 F.2d 34· 2d Cir.· 1988-05-26 ·cited 18×
  The court held that a district court did not abuse its discretion in admitting survey evidence and presuming irreparable harm in a false comparative advertising case under the Lanham Act.
• Middleton-Keirn v. Stone
  655 F.2d 609· 5th Cir.· 1981-09-08 ·cited 18×
  State employees seeking a preliminary injunction in a Title VII action after exhausting administrative remedies are presumed to suffer irreparable injury, and the district court erred by requiring them to prove it.
• N. Am. Prods. Corp. v. Moore
  196 F. Supp. 2d 1217· M.D. Fla.· 2002-04-02 ·cited 17×
  The court held that the employer established a likelihood of success on the merits regarding the employee's material breach defense and the enforcement of the 1998 non-solicitation agreement, but not the 1991 agreement due to unresolved novation issues.
• P.M. Realty & Invs., Inc. v. City OF Tampa
  779 So. 2d 404· Fla. 2d DCA· 2000-08-25 ·cited 17×
  P.M. Realty & Investments, Inc. appeals a preliminary injunction granted to the City of Tampa to enforce a zoning ordinance requiring special use permits for adult entertainment businesses. The court affirms the injunction and rejects P.M.'s constitutional challenges, holding tha
• The State Chem. Mfg. Co. v. Lopez
  642 So. 2d 1127· Fla. 3d DCA· 1994-09-21 ·cited 16×
  The court held that a presumption of irreparable injury applies to customer solicitation, but not to employment by a competitor, and that the non-compete agreement's duration was reasonable.
• Nutrition 21 v. The United States
  930 F.2d 867· Fed. Cir.· 1991-03-29 ·cited 15×
  The court held that the district court erred by failing to set forth adequate findings of fact to support the preliminary injunction, necessitating its vacation.
• Hilb Rogal & Hobbs OF Fla., Inc. v. Grimmel
  48 So. 3d 957· Fla. 4th DCA· 2010-12-01 ·cited 14×
  HRH, an insurance broker, appeals the trial court's dissolution of a temporary injunction against former employee Grimmel, who violated a non-piracy clause by soliciting HRH's customers after starting a competing firm. The court reversed, holding that HRH established a legitimate
• Autonation, Inc. v. O'Brien
  347 F. Supp. 2d 1299· S.D. Fla.· 2004-12-02 ·cited 14×
  The court granted AutoNation's motion for a preliminary injunction, finding a substantial likelihood of success on the merits regarding the non-compete agreement.
• Dennis K. King, M.D., P.A. v. John G. Jessup, M.D.
  698 So. 2d 339· Fla. 5th DCA· 1997-08-15 ·cited 14×
  Dr. King sought a temporary injunction to enforce a covenant not to compete against his former employee Dr. Jessup, who opened a competing medical practice nearby. The trial court denied the injunction, and the appellate court affirmed, holding that Dr. King failed to demonstrate
• Rajiv Chandra, M.D. v. Gopal Gadodia, M.D.
  610 So. 2d 15· Fla. 5th DCA· 1992-11-20 ·cited 14×
  Chandra sought enforcement of noncompetition agreements against two former employees who resigned after only five to six months of employment. The trial court denied the preliminary injunction based on a 1990 statutory amendment requiring proof of irreparable injury and reasonabl
• Harvey v. Wittenberg
  384 So. 2d 940· Fla. 3d DCA· 1980-06-17 ·cited 14×
  The Florida District Court of Appeal affirmed a temporary injunction against Harvey and Monroy for unlawful practice of dentistry. The court held that irreparable harm is presumed when a statute is designed to protect the public interest and specifically authorizes injunctive rel
• Medco Data, LLC v. Bailey
  152 So. 3d 105· Fla. 2d DCA· 2014-11-26 ·cited 13×
  The court held that the trial court erred by failing to apply the statutory presumption of irreparable injury when considering a motion for temporary injunction to enforce a restrictive covenant.
• Grant v. Robert Half Int'l, Inc.
  597 So. 2d 801· Fla. 3d DCA· 1992-04-14 ·cited 13×
  Grant, a former employee of Robert Half International, challenged a temporary injunction preventing him from competing with his former employer after starting a rival recruiting firm. The court affirmed the injunction, finding Robert Half demonstrated sufficient irreparable harm
• AMP Inc. v. Fleischhacker
  823 F.2d 1199· 7th Cir.· 1987-07-16 ·cited 13×
  The court held that without an enforceable restrictive covenant, generalized confidential business information does not constitute a trade secret under Illinois law, and absent evidence of actual misappropriation or likelihood thereof, injunctive relief is not warranted.
• Passalacqua v. Naviant, Inc.
  844 So. 2d 792· Fla. 4th DCA· 2003-05-14 ·cited 12×
  In this appeal, the Fourth District Court of Appeal reversed a trial court's grant of a temporary injunction enforcing a non-compete agreement between Naviant, Inc. and two former employees, Nicholas Passalacqua and Matt Sechter. The court held that Naviant failed to demonstrate
• First Miami Sec., Inc. v. Bell
  758 So. 2d 1229· Fla. 4th DCA· 2000-05-24 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a temporary injunction because the plaintiff failed to demonstrate irreparable harm and a likelihood of success on the merits.
• Joseph U. Moore, Inc. v. Howard
  534 So. 2d 935· Fla. 2d DCA· 1988-12-16 ·cited 12×
  Joseph U. Moore, Inc. appeals the denial of a temporary injunction against former employee John A. Howard for alleged breach of a non-solicitation covenant. The court reversed in part and remanded, holding that the covenant applies to customers Howard acquired during his employme
• Atari Games Corp. & Tengen, Inc. v. Nintendo OF Am. Inc.
  975 F.2d 832· Fed. Cir.· 1992-09-10 ·cited 11×
  The court affirmed the preliminary injunction, finding Nintendo likely to succeed on its copyright infringement claim for unauthorized copying of its IONES program.
• Leader Ent. S.A. v. Crom Prods., LLC
  S.D. Fla.· 2025-09-08 ·cited 10×
  Leader Entertainment S.A., an Argentinian children's entertainment company, sued Florida-based producers Crom Productions, LLC and Ancla Productions, Inc. for trademark infringement and unfair competition after they created and promoted a live children's show called "La Granja En
• Smart Pharmacy, Inc. v. Viccari
  213 So. 3d 986· Fla. 1st DCA· 2016-05-31 ·cited 10×
  Smart Pharmacy appealed the trial court's denial of its motion for a temporary injunction against a former employee and his new employer for breach of a noncompete agreement and misappropriation of trade secrets. The appellate court reversed, holding that Smart Pharmacy establish
• Keystone Creations, Inc. v. City OF Delray Beach
  890 So. 2d 1119· Fla. 4th DCA· 2004-11-24 ·cited 10×
  Keystone Creations appealed the trial court's enforcement of a settlement agreement and issuance of an injunction prohibiting further operation of its stone-cutting business in Delray Beach. After fifteen years of disputes over zoning compliance and site plan modifications, the c
• T.K. Commc'ns, Inc. v. Herman
  505 So. 2d 484· Fla. 4th DCA· 1987-03-16 ·cited 10×
  T.K. Communications (WSHE) appeals the denial of a temporary injunction against former disc jockeys who breached a non-compete covenant by accepting employment at a competing radio station within the restricted period. The court reverses, holding that the employees violated the n
• Allied Universal Corp. v. Given
  223 So. 3d 1040· Fla. 3d DCA· 2017-03-15 ·cited 9×
  Allied Universal Corporation appealed the denial of its motion for a preliminary injunction seeking to enforce a non-compete agreement against former employee Jeffrey Given. The appellate court reversed, holding that Given failed to rebut the statutory presumption of irreparable
• USI Ins. Servs. OF Fla. Inc. v. Pettineo
  987 So. 2d 763· Fla. 4th DCA· 2008-07-16 ·cited 9×
  USI Insurance Services appeals the denial of a temporary injunction to enforce a non-compete agreement against the seller of an insurance agency it purchased. The court reversed, finding the trial court applied an outdated version of Florida's restrictive covenant statute that im
• Am. II Elecs., Inc. v. Smith
  830 So. 2d 906· Fla. 2d DCA· 2002-11-20 ·cited 9×
  America II Electronics sought a temporary injunction against its former employee Joel Smith to enforce a non-compete agreement. The circuit court denied relief based on an outdated legal standard, but the appellate court reversed, holding that under the applicable 1996 statute, v
• Zbigniew-Jacob Litwinczuk, M.D. v. Palm Beach Cardiovascular Clinic, L.C.
  939 So. 2d 268· Fla. 4th DCA· 2006-10-18 ·cited 8×
  Dr. Litwinczuk appeals a temporary injunction enforcing a non-competition covenant that prohibited him from practicing cardiology within a reduced geographical area of Palm Beach County for two years after leaving his employer. The court affirmed the injunction, finding the clini
• Broward Cnty. v. Meiklejohn
  936 So. 2d 742· Fla. 4th DCA· 2006-08-23 ·cited 8×
  Broward County appealed a trial court's grant of a preliminary injunction reinstating a terminated employee who alleged discrimination and retaliation. The appellate court reversed, holding that the trial court erred in presuming irreparable harm in employment discrimination case
• Health Care Mgmt. Consulting, Inc. v. McCOMBES
  661 So. 2d 1223· Fla. 1st DCA· 1995-09-22 ·cited 8×
  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
• Abbott Labs. v. Mead Johnson & Co.
  971 F.2d 6· 7th Cir.· 1992-07-23 ·cited 8×
  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.
• Warner Bros., Inc. v. U.S. Int'l Trade Comm'n
  787 F.2d 562· Fed. Cir.· 1986-03-20 ·cited 8×
  The ITC's decision to deny a temporary exclusion order is affirmed because the applicant failed to prove immediate and substantial harm to the domestic industry, and the ITC applied the correct legal standard.
• Joseph Spine, P. A. v. Moulton
  326 So. 3d 1186· Fla. 2d DCA· 2022-06-29 ·cited 7×
  The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a