Request For Injunction

86 Florida cases classified under this topic · sorted by citation count · browse and sort

• Swofford v. B & W, Inc.
  336 F.2d 406· 5th Cir.· 1964-07-28 ·cited 109×
  The court held that a jury trial is available for legal claims within a patent infringement suit, but exemplary damages and attorney fees are discretionary with the judge. Separate trials for liability and damages are permissible under Rule 42(b).
• Times Publ'g Co. v. Williams
  222 So. 2d 470· Fla. 2d DCA· 1969-05-09 ·cited 74×
  Times Publishing Company and others appealed a trial court's dismissal of their complaint seeking to enjoin the Pinellas County School Board from holding closed meetings in violation of Florida's 1967 "Government in the Sunshine Law." The court reversed, holding that the statute
• Republic Indus., Inc. v. Cent. Pa. Teamsters Pension Fund
  693 F.2d 290· 3d Cir.· 1982-11-19 ·cited 52×
  The court held that the exhaustion doctrine does not apply to facial constitutional challenges to a statute when the administrative remedy cannot resolve the constitutional issues or provide factual findings for judicial review.
• Foremost Sales Promotions, Inc. v. Dir., Bureau OF Alcohol, Tobacco & Firearms
  812 F.2d 1044· 7th Cir.· 1987-02-27 ·cited 50×
  The court held that the minute order granting summary judgment was not a final decision and therefore not appealable under 28 U.S.C. § 1291.
• Sims v. Greene
  160 F.2d 512· 3d Cir.· 1947-03-04 ·cited 44×
  A restraining order continued beyond the statutory period without consent and without required findings of fact and conclusions of law becomes a preliminary injunction, from which an appeal lies.
• R. A. Holman & Co., Inc. v. Sec. & Exch. Comm'n
  299 F.2d 127· D.C. Cir.· 1962-01-18 ·cited 42×
  The court held that the SEC's Rule 252(e)(2) is valid and does not unconstitutionally deprive appellant of its business without notice or hearing, as public protection outweighs the appellant's interest in continuing small offerings without full registration during suspension pro
• State v. Mathews
  526 F.2d 319· 5th Cir.· 1976-01-23 ·cited 41×
  The Secretary of Health, Education, and Welfare did not exceed his statutory authority in promulgating 45 CFR § 252.10(b)(3), which requires state Medicaid licensing boards for nursing home administrators to be representative and not dominated by a single profession.
• United Indus. Workers of the Seafarers Int'l Union of N. Am. v. Bd. OF Trs. OF Galveston Wharves & the City of Galveston
  400 F.2d 320· 5th Cir.· 1968-08-08 ·cited 37×
  The court held that a federal court has the authority to order backpay as a sanction for a carrier's violation of Section 6 of the Railway Labor Act, and that a federal court can enjoin state proceedings that interfere with its federal labor law orders.
• Commodity Futures Trading Comm'n v. Hunt
  591 F.2d 1211· 7th Cir.· 1979-01-08 ·cited 33×
  The court held that the speculative limit regulation was valid and that the Hunts violated it, reversing the denial of injunctive relief and remanding the disgorgement issue.
• Demby v. Schweiker
  671 F.2d 507· D.C. Cir.· 1981-12-15 ·cited 32×
  The court held that the rescission act did not implicitly repeal the ten percent set-aside provision because neither of the two tests for implied repeal was satisfied.
• Ala. Power Co. v. Ala. Elec. Coop., Inc.
  394 F.2d 672· 5th Cir.· 1968-04-02 ·cited 32×
  The court held that the plaintiff lacked standing to challenge the REA loan and that the borrower was immune from antitrust claims, as the actions constituted valid governmental action.
• Sellers v. The Regents OF the Univ. OF Cal.
  432 F.2d 493· 9th Cir.· 1970-09-17 ·cited 29×
  The court held that the district court properly dismissed the complaint, refusing to convene a three-judge court, as there was no genuine threat of irreparable harm or chilling effect on First Amendment rights to warrant injunctive relief.
• Chapman v. Int'l Ladies' Garment Workers' Union
  401 F.2d 626· 4th Cir.· 1968-09-25 ·cited 26×
  The denial of a motion to stay proceedings pending arbitration is not an immediately appealable interlocutory order under 28 U.S.C. § 1292(a)(1) when the underlying action seeks substantial equitable relief, even if legal relief is also sought.
• Ayuda, Inc. v. Thornburgh
  948 F.2d 742· D.C. Cir.· 1991-11-05 ·cited 22×
  The court held that the district court lacked subject matter jurisdiction to hear claims challenging the INS' administration of IRCA, as such challenges must be brought through the statutory administrative and judicial review process, typically in the courts of appeals.
• In re Robinson v. McGUIGAN
  776 F.2d 30· 2d Cir.· 1985-10-29 ·cited 22×
  The court held that a criminal restitution obligation is a 'debt' under the Bankruptcy Code and is not automatically excepted from discharge, requiring creditors to file timely objections.
• First Nat'l Bank OF McKEESPORT v. First Fed. Sav. & Loan Ass'n OF Homestead
  225 F.2d 33· D.C. Cir.· 1955-06-02 ·cited 22×
• Bowe v. Judson C. Burns, Inc.
  137 F.2d 37· 3d Cir.· 1943-05-06 ·cited 21×
  The court held that while the Fair Labor Standards Act's prohibition against retaliation applies to unions, the right to seek injunctive relief under Section 17 is exclusively vested in the Administrator, not individual employees.
• Interstate Commerce Comm'n v. B & T Transp. Co. & Bos-Taun Consolidating Co., Inc.
  613 F.2d 1182· 1st Cir.· 1980-01-21 ·cited 20×
  The court held that while the district court correctly denied an injunction due to mootness, it erred in denying the ICC's request for restitution, as federal equity courts possess inherent power to grant complete relief in enforcing regulatory statutes.
• Atl. Richfield Co. v. Fed. Energy Admin.
  556 F.2d 542· Temp. Emer. Ct. App.· 1977-05-17 ·cited 20×
  Administrative interpretations, even if judicially affirmed, have no collateral estoppel effect beyond the specific parties and transactions involved, serving primarily as persuasive guidance and limited immunity for reliance.
• J.N.S., Inc. v. State OF Ind.
  712 F.2d 303· 7th Cir.· 1983-07-15 ·cited 19×
  The court held that the plaintiff lacked standing because it had not suffered sufficient actual or threatened injury to present a case or controversy under Article III.
• The Bd. OF Trade OF the City OF Chicago v. Commodity Futures Trading Comm'n
  605 F.2d 1016· 7th Cir.· 1979-09-12 ·cited 18×
  The Commodity Futures Trading Commission's determination of an emergency under Section 8a(9) of the Commodity Exchange Act is committed to agency discretion and is not judicially reviewable.
• Barrick Realty v. City OF Gary
  491 F.2d 161· 7th Cir.· 1974-01-24 ·cited 18×
  A city ordinance forbidding 'For Sale' signs in residential zones is constitutional, as it serves a valid governmental interest in preventing panic selling and promoting stable integrated neighborhoods, and the restriction on commercial speech is incidental to this valid limitati
• Hammond v. Brown
  450 F.2d 480· 6th Cir.· 1971-10-22 ·cited 18×
  The court held that appellants failed to demonstrate bad faith prosecution or irreparable harm, thus equitable relief was inappropriate, and affirmed the district court's decision regarding expungement of the grand jury report.
• Steib v. NEW Orleans Clerks AND Checkers
  436 F.2d 1101· 5th Cir.· 1971-01-08 ·cited 18×
  The court held that a three-cent per hour check-off for a local union, not approved by a secret ballot of members, constitutes an invalid increase in dues under the Labor-Management Reporting and Disclosure Act. However, a three-cent per hour check-off for affiliated district and
• Waddell v. Chicago Land Clearance Comm'n
  206 F.2d 748· 7th Cir.· 1953-08-11 ·cited 18×
  The court held that the appeal was untimely and frivolous, and therefore dismissed it.
• Peter Kiewit Sons' Co. v. U.S. Army Corps OF Eng'rs
  714 F.2d 163· D.C. Cir.· 1983-08-09 ·cited 16×
  The court held that the district court erred in voiding the administrative debarment proceeding and deciding the substantive issue, as exhaustion and finality requirements were not met and no exceptional circumstances justified bypassing them.
• United Transp. Union v. Drew Lewis
  711 F.2d 233· D.C. Cir.· 1983-06-17 ·cited 16×
  The court held that Section 2 of the Safety Appliance Acts mandates specific safety equipment, not operating procedures, and thus does not prohibit employees from going between cars during coupling operations.
• Garrett Wounded Head and Bernadine Nichols v. Tribal Council OF the Oglala Sioux Tribe OF the Pine Ridge Reservation & the Solicitor of the United States Dep't of Interior
  507 F.2d 1079· 8th Cir.· 1975-01-03 ·cited 16×
  The Twenty-Sixth Amendment and the Indian Civil Rights Act's equal protection clause do not apply to internal tribal elections, leaving voting age determination to the tribe's discretion.
• Armour & Co. v. Freeman
  304 F.2d 404· D.C. Cir.· 1962-02-08 ·cited 16×
  The court held that the Secretary of Agriculture's regulation requiring genuine hams with added moisture to be labeled "Imitation Ham" was arbitrary and capricious on its face, forcing a violation of the Meat Inspection Act.
• Walling v. Mid-Continent Pipe Line Co.
  143 F.2d 308· 10th Cir.· 1944-06-12 ·cited 16×
  The trial court erred by dismissing the case without adjudicating coverage and injunctive relief, and the appellate court determined that the five welders were entitled to compensation for their return travel time.
• In re Guardianship OF Bertha Shell v. Gregory M. McCoskey as court-appointed Guardian Ad Litem for Bertha Shell
  978 So. 2d 885· Fla. 2d DCA· 2008-04-18 ·cited 15×
  Lutheran Services Florida, Inc., as guardian of an incapacitated woman, appealed a probate court order reducing its requested guardian's fees and denying its request for an injunction against the Elder Justice Center (EJC), a court program that audits guardian fee petitions. The
• Coco Bros., Inc. v. Pierce
  741 F.2d 675· 3d Cir.· 1984-08-27 ·cited 15×
  The district court had jurisdiction to consider the pre-award government contract dispute, and its denial of a preliminary injunction was proper because the plaintiff failed to demonstrate illegality or irrationality in the agency's decision, nor irreparable harm.
• Lee v. Bond-Howell Lumber Co.
  123 Fla. 202· Fla.· 1936-03-10 ·cited 15×
  The Florida Supreme Court reviewed a lower court's injunction that halted the enforcement of a tax act. The court held that specific, severable portions of the tax act were constitutional and enforceable from their stated effective dates, despite the lower court's ruling that the
• United States v. The State OF Ohio
  487 F.2d 936· Temp. Emer. Ct. App.· 1973-10-25 ·cited 14×
  The Economic Stabilization Act applies to state and local government employees, and Congress has the constitutional power under the Commerce Clause to regulate their wages and salaries.
• Cispes (Committee IN Solidarity With the People of EL Salvador) v. Fed. Bureau OF Investigation
  770 F.2d 468· 5th Cir.· 1985-09-09 ·cited 11×
  The court held that the statute protecting foreign officials is constitutional, neither vague nor overbroad, and affirmed the district court's dismissal of all claims.
• In re Deist Forest Prods., Inc.
  850 F.2d 340· 7th Cir.· 1988-06-29 ·cited 10×
  The court held that the debtor (Forest Products) lacked standing to seek an injunction against the bank's suit against the guarantors because the debtor sought relief solely for the benefit of the guarantors, not for itself.
• Lowrie v. United States
  824 F.2d 827· 10th Cir.· 1987-07-28 ·cited 10×
  The court held that the Anti-Injunction Act barred the suit against the IRS for return of records when the purpose was to avoid tax liability, and reversed the judgment against the FBI as they no longer possessed the records.
• Cordelia Kelsey v. Caspar W. Weinberger
  498 F.2d 701· D.C. Cir.· 1974-05-14 ·cited 10×
  The court held that the Secretary of Health, Education and Welfare could not grant waivers of ineligibility under the Emergency School Aid Act if school districts had not yet eliminated the effects of past racially discriminatory teacher assignments.
• Pollack v. Simonson
  350 F.2d 740· D.C. Cir.· 1965-08-03 ·cited 10×
  The court held that the Alcoholic Beverage Control Board failed to provide proper notice to applicants when their applications were mutually exclusive.
• Quivira Mining Co. v. United States Env't Prot. Agency & Douglas M. Costle
  728 F.2d 477· 10th Cir.· 1984-03-02 ·cited 8×
  The court held that the transfer of regulatory functions from the Atomic Energy Commission to the Environmental Protection Agency did not alter the exclusive jurisdiction of the court of appeals to review such regulations under the Hobbs Act.
• Greater Del. Valley Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  262 F.2d 371· 3d Cir.· 1958-12-30 ·cited 8×
  A district court cannot interfere with an administrative agency's authorized ex parte action to appoint a Supervisory Representative in Charge of a savings and loan association during an emergency.
• Stark v. Wickard
  136 F.2d 786· D.C. Cir.· 1943-06-14 ·cited 8×
  Producers who are not members of a cooperative association lack standing to challenge the Secretary of Agriculture's order regulating milk handling.
• Serchay v. State Farm Fla. Ins. Co.
  25 So. 3d 652· Fla. 4th DCA· 2010-01-06 ·cited 7×
  An insured homeowner seeking a statutorily-mandated premium discount for windstorm mitigation must first pursue administrative remedies with the Office of Insurance Regulation before filing a court action against the insurer.
• Gajon BAR & Grill, Inc. v. Kelly
  508 F.2d 1317· 2d Cir.· 1974-12-05 ·cited 7×
  The court held that federal courts should not interfere with pending state court proceedings unless absolutely necessary to prevent irreparable injury to constitutional rights, and that a corporation does not possess First Amendment free speech rights.
• The Coastal Corp. v. Tex. E. Corp.
  869 F.2d 817· 5th Cir.· 1989-03-29 ·cited 6×
  An injunction procured by material misrepresentation may not be sustained, and a district court cannot dissolve its own injunction once an appeal has been filed, except to maintain the status quo.
• Manifold v. Blunt
  863 F.2d 1368· 8th Cir.· 1988-12-14 ·cited 6×
  The state's early filing requirement for presidential electors of new political parties, which burdens political participation, is unconstitutional under strict scrutiny.
• Haralson v. Fed. Home Loan Bank Bd.
  837 F.2d 1123· D.C. Cir.· 1988-01-22 ·cited 6×
  The court held that appeals regarding interim attorney fees are interlocutory and thus dismissed, while affirming the denial of an injunction to prevent asset liquidation by a conservator.
• The Herald Co. v. Harper
  410 F.2d 125· 8th Cir.· 1969-04-21 ·cited 6×
  The court held that the district court correctly dismissed the complaint for want of a substantial constitutional question, as the challenge to the constitutionality of 15 U.S.C. § 15 was insubstantial and foreclosed by prior Supreme Court decisions.
• Dispatch, Inc. v. City OF Erie & Council of the City of Erie & Erie Television Corp.
  364 F.2d 539· 3d Cir.· 1966-08-05 ·cited 6×
  The court held that the case was not ripe for summary judgment because genuine issues of material fact remained undetermined, requiring a full and adequate record for adjudication of constitutional questions.
• Whisler v. City OF W. Plains
  137 F.2d 938· 8th Cir.· 1943-10-06 ·cited 6×
  The court held that the district court did not err in dismissing the complaint for injunctive and declaratory relief, as federal courts of equity should not ordinarily restrain criminal prosecutions.