Unclean Hands Doctrine

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

• W. Va. Hotel Corp. v. W. C. Foster Co.
  132 So. 842· Fla.· 1931-03-13 ·cited 183×
  The Florida Supreme Court reviewed a case where a hotel corporation challenged tax assessments and sought to enjoin the issuance of a tax deed. The court addressed the sufficiency of the corporation's allegations regarding illegal omissions and overvaluations of property in the t
• Dale v. Jennings
  90 Fla. 234· Fla.· 1925-07-27 ·cited 154×
  In this equity case, William Dale sought to enforce a vendor's lien against William Jennings for the unpaid balance of property sale proceeds. The Florida Supreme Court affirmed the lower court's dismissal, holding that Dale lacked standing because he came to equity with unclean
• Ky. Fried Chicken Corp. v. Diversified Packaging Corp.
  549 F.2d 368· 5th Cir.· 1977-03-25 ·cited 146×
  The court held that Kentucky Fried Chicken's approved-source requirement for franchisee supplies did not constitute an illegal tying arrangement under the Sherman Act, nor did it violate the rule of reason, and affirmed the lower court's decision.
• Daniell v. Sherrill
  48 So.2d 736· Fla.· 1950-11-07 ·cited 143×
  The Florida Supreme Court reversed a lower court's decision that quieted title to certain lands in favor of the State Board of Forestry and Parks. The court held that the State, as a grantor of tax deeds to the appellants' predecessors, was estopped from challenging the validity
• Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.
  191 F.2d 99· 2d Cir.· 1951-07-20 ·cited 134×
  The court held that reproductions of public domain works can be copyrighted if they originate with the author and are not mere trivial variations, and that the defendants infringed these copyrights. The court also modified the judgment regarding the deduction of income taxes from
• Reyher v. Tr. Annuity Plan for Pilots of Trans World Airlines, Inc.
  796 F. Supp. 579· M.D. Fla.· 1995-04-03 ·cited 126×
• United States v. Georgia-Pacific Co.
  421 F.2d 92· 9th Cir.· 1970-01-08 ·cited 117×
  The court held that the Government is subject to equitable estoppel and the clean hands doctrine, and therefore cannot obtain specific performance of the 1934 agreement due to its conduct.
• Norton v. Curtiss
  433 F.2d 779· C.C.P.A.· 1970-11-12 ·cited 106×
  The court held that allegations of fraud on the Patent Office are ancillary to priority and thus reviewable, and that the Board of Patent Interferences did not err in finding no adequate basis for a fraud holding against Curtiss.
• Eaves v. Penn
  587 F.2d 453· 10th Cir.· 1978-11-21 ·cited 102×
  The court held that Ralph W. Penn, by virtue of his actions in recommending, designing, and implementing the amendment of a profit-sharing plan to an employee stock ownership plan, acted as a fiduciary under ERISA and violated his duties of loyalty and prudence. The court also af
• Wilk v. Am. Med. Ass'n
  719 F.2d 207· 7th Cir.· 1983-09-19 ·cited 89×
  The court held that the jury instructions were flawed because they allowed the jury to believe a boycott was lawful if based on a genuine belief that chiropractic is dangerous quackery, and that the admission of prejudicial evidence regarding the alleged evils of chiropractic was
• Calnetics Corp. & Meier-Line, Inc. v. Volkswagen OF Am., Inc.
  532 F.2d 674· 9th Cir.· 1976-02-24 ·cited 88×
  The court held that summary judgment for Distributor on antitrust claims was improper, a directed verdict for VW/Subsidiary on Clayton Act damages was error, and summary judgment for Calnetics on VW/Subsidiary counterclaims was partially correct but required further fact-finding
• Am. Hosp. Supply Corp. & Am. v. Mueller
  780 F.2d 589· 7th Cir.· 1986-01-02 ·cited 87×
  The court affirmed the preliminary injunction, finding that the distributor demonstrated a threat of irreparable harm due to the supplier's insolvency and that the district court properly balanced the harms.
• Rosemont Enters., Inc. v. Random House, Inc.
  366 F.2d 303· 2d Cir.· 1966-08-17 ·cited 87×
  The court held that a preliminary injunction should have been denied because the plaintiff, Rosemont, lacked clean hands, having acquired copyrights primarily to suppress a biography of Howard Hughes rather than to protect the original writing.
• The Telex Corp. v. Int'l Bus. Machs. Corp.
  510 F.2d 894· 10th Cir.· 1975-01-28 ·cited 80×
  The court held that the trial court erred in defining the relevant market and in finding IBM's competitive actions predatory, but affirmed liability on IBM's counterclaim for trade secret misappropriation, modifying the damages.
• Brotherhood OF Railroad Trainmen v. The Akron & Barberton Belt R.R. Co.
  385 F.2d 581· D.C. Cir.· 1967-05-12 ·cited 80×
  The court held that work rules established by a compulsory arbitration award continue in effect after the award's expiration unless changed according to the Railway Labor Act, and that carriers had a duty to bargain about proposed changes during the award's pendency.
• Schnadig Corp. v. Gaines Mfg. Co., Inc.
  494 F.2d 383· 6th Cir.· 1974-03-12 ·cited 72×
  The court held that the design patent for the sectional sofa was valid and infringed, and that the patent holder did not commit fraud or have unclean hands by withholding prior art.
• In re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions. Pfizer, Inc. v. Int'l Rectifier Corp.
  538 F.2d 180· 8th Cir.· 1976-06-16 ·cited 71×
  The court held that the district court erred in granting partial summary judgment because genuine issues of material fact remained regarding Pfizer's alleged misconduct before the Patent Office and the court.
• Miller v. Berry
  78 Fla. 98· Fla.· 1919-07-08 ·cited 71×
  James Berry conveyed his property to H. A. Miller by warranty deed while retaining a quit-claim deed and Miller's promise to redeem, to protect the property during domestic troubles. Miller's judgment creditors sought to levy on the property, and the Florida Supreme Court held th
• In re Garfinkle v. Bankruptcy
  672 F.2d 1340· 11th Cir.· 1982-04-12 ·cited 69×
  The court held that the appellants could not recover their deposit because they waived their right to object to title defects through their conduct and acquiescence, and their claim regarding bidding improprieties constituted an impermissible collateral attack.
• Taylor v. Rawlins
  90 Fla. 621· Fla.· 1925-11-24 ·cited 67×
  In this equity case, the Florida Supreme Court affirmed the chancellor's dismissal of vendors' bill to cancel a real estate purchase contract, holding that vendors seeking equitable relief must come with clean hands and cannot retain payments exceeding actual damages from the bre
• DePOORTER v. Win Edward DePOORTER
  509 So. 2d 1141· Fla. 1st DCA· 1987-06-12 ·cited 64×
  Wife appeals trial court's reduction of permanent alimony from $1,000 to $600 per month based on her unmarried cohabitation with another man. The appellate court reverses, holding that cohabitation alone cannot support alimony reduction absent clear findings of actual reduced fin
• Ellenburg v. Brockway
  763 F.2d 1091· 9th Cir.· 1985-06-20 ·cited 64×
  The court held that the plaintiff's state law claim was preempted by ERISA, and the employer's denial of early retirement benefits was not arbitrary or capricious, but remanded the issue of attorneys' fees for the trial court to state its reasons.
• Demarigny v. Demarigny
  43 So. 2d 442· Fla.· 1949-12-20 ·cited 64×
  The Florida Supreme Court affirmed a lower court's dismissal of a bill for declaratory decree. The appellant sought to invalidate a prior divorce decree, arguing it was obtained by fraud and lack of jurisdiction. The court held that the declaratory decree statute could not be use
• DeLONG Corp. v. Raymond Int'l, Inc.
  622 F.2d 1135· 3d Cir.· 1980-04-14 ·cited 62×
  The court held that summary judgment finding the Slemmons patent invalid due to being 'on sale' more than one year prior to application was proper, but summary judgment finding fraud in obtaining the patent was not supported by sufficient evidence of intent.
• The Standard OIL Co. v. Standard OIL Co.
  252 F.2d 65· 10th Cir.· 1958-01-15 ·cited 62×
  The court held that the defendant's use of the trade-name 'Sohio' in the plaintiff's marketing territory constituted unfair competition and infringement of the plaintiff's trade-marks and trade-names.
• Hall v. Hall
  93 Fla. 709· Fla.· 1927-04-04 ·cited 61×
  Clinton Mudge Hall appeals from a circuit court decree vacating a Florida divorce decree obtained in 1923 on grounds of fraud and collusion. The Florida Supreme Court reverses, holding that a party who participated in procuring a fraudulent divorce decree cannot use equity to set
• Knight Energy Servs., Inc. v. Amoco OIL Co.
  660 So. 2d 786· Fla. 4th DCA· 1995-09-20 ·cited 60×
  Genuine issues of material fact exist regarding the Knight Entities' affirmative defenses of unclean hands and tortious interference, precluding summary judgment.
• Gossett v. Ullendorff
  114 Fla. 159· Fla.· 1934-03-05 ·cited 60×
  Jennie Gossett, a widow who remarried as a free dealer, challenged the distribution of her deceased husband Phillip Ullendorff's estate, claiming their adopted children Eugene and Annette were not actually his biological children and seeking to recover distributions made to them.
• Watkins v. NCNB Nat'l Bank OF Fla., N.A.
  622 So. 2d 1063· Fla. 3d DCA· 1993-08-03 ·cited 59×
  Floyd Watkins borrowed money from NCNB National Bank to purchase units in a limited partnership investment. When the partnership offering closed without meeting minimum sale requirements, Watkins sued to cancel the promissory note, asserting fraudulent inducement and other claims
• Usaco Coal Co. v. Carbomin Energy, Inc.
  689 F.2d 94· 6th Cir.· 1982-09-27 ·cited 59×
  The court held that a district court has the power to issue a preliminary injunction to preserve assets for potential restitution based on a breach of fiduciary duty, even if the defendants argue state law remedies are adequate.
• Grotrian v. Steinway & Sons
  523 F.2d 1331· 2d Cir.· 1975-07-09 ·cited 59×
  The court held that Grotrian intentionally infringed upon Steinway's trademarks and engaged in unfair competition, affirming the dismissal of Grotrian's complaint but modifying the scope of relief granted to Steinway.
• Ryan v. Ryan
  277 So. 2d 266· Fla.· 1973-03-30 ·cited 59×
  Florida's Supreme Court upheld the constitutionality of Florida's new no-fault dissolution of marriage law (effective July 1, 1971), which replaced traditional fault-based divorce grounds with a single ground: that the marriage is irretrievably broken. The Court rejected challeng
• State v. Sullivan
  157 Fla. 496· Fla.· 1946-05-28 ·cited 59×
  The Florida Supreme Court vacated a contempt conviction against attorney Vincent C. Giblin for filing an affidavit containing accusations against a circuit judge. The Court held that while certain statements in the affidavit may have been contemptuous, due process required that G
• Kuehnert v. Texstar Corp.
  412 F.2d 700· 5th Cir.· 1969-05-09 ·cited 58×
• Wilshire OIL Co. OF Tex. v. Riffe
  409 F.2d 1277· 10th Cir.· 1969-04-15 ·cited 57×
  The court held that the Riffes lacked sufficient contacts with Kansas for personal jurisdiction, but the claim against Masterson for breach of fiduciary duty was improperly dismissed for failure to state a claim.
• Burton S. Knapp v. Kinsey
  249 F.2d 797· 6th Cir.· 1957-12-06 ·cited 57×
  The court held that the district court erred in granting partial summary judgment, as complex factual issues regarding the Securities Act exemption and other claims required a full trial.
• Timely Prods. Corp. v. Arron
  523 F.2d 288· 2d Cir.· 1975-08-26 ·cited 56×
  The court held that the Costanzo patent was invalid due to obviousness, and the Arron patents were invalid due to obviousness and fraud/unclean hands, affirming in part and reversing in part the lower court's decision.
• Shondel v. McDERMOTT
  775 F.2d 859· 7th Cir.· 1985-10-28 ·cited 55×
  The court held that Shondel lacks standing to sue based on the violation of her stepfather's constitutional rights.
• Kauffmann v. Baker
  392 So. 2d 13· Fla. 4th DCA· 1980-11-26 ·cited 55×
  A purchaser appeals the denial of specific performance in a real estate contract, arguing the trial court's factual findings were erroneous. The appeal presents challenges due to the absence of a trial transcript, and the court affirms while clarifying the procedural requirements
• DE LA Portilla v. DE LA Portilla
  304 So. 2d 116· Fla.· 1974-11-27 ·cited 55×
  The court held that a timely appeal divests the trial court of jurisdiction to proceed with final judgment, and a per curiam affirmance creating conflict with precedent must be quashed.
• Masilotti v. Masilotti
  158 Fla. 663· Fla.· 1947-03-28 ·cited 55×
  A bill in the nature of a bill of review seeking to set aside a divorce decree and property settlement was properly dismissed because the allegations of invalid service, fraud, and deceit were insufficient to overcome the presumptions of validity and the plaintiff's own conduct.
• Progress Dev. Corp. v. Mitchell
  286 F.2d 222· 7th Cir.· 1961-01-04 ·cited 54×
  The court held that the trial court did not abuse its discretion in denying preliminary injunctive relief, but erred in dismissing certain counts of the complaint and dismissing one of the plaintiffs.
• Standard Brands, Inc. v. Smidler
  151 F.2d 34· 2d Cir.· 1945-08-10 ·cited 54×
  The court held that the defendant's use of the "V-8" mark on vitamin tablets infringed upon the plaintiff's registered trademark for vegetable juice and constituted unfair competition.
• United States v. Exxon Corp.
  773 F.2d 1240· Temp. Emer. Ct. App.· 1985-07-01 ·cited 52×
  The court held that the District Court's order to pay overcharge funds to the Treasury without notice and hearing to potential victims violated equitable principles and Due Process.
• Seattle BOX Co., Inc. v. Indus. Crating & Packing Inc.
  756 F.2d 1574· Fed. Cir.· 1985-03-20 ·cited 52×
  The court held that the district judge did not abuse his discretion in failing to make further findings or adjustments regarding intervening rights, given the infringer's conduct and the limited equities presented.
• Ferroline Corp. v. Gen. Aniline & Film Corp.
  207 F.2d 912· 7th Cir.· 1953-10-21 ·cited 52×
  The court held that where a contract expressly addresses the subject matter of secrecy, the law will not create an implied covenant of confidentiality regarding that subject matter. Furthermore, imputation of knowledge of a breach of fiduciary duty to a third party requires convi
• Busch v. Baker
  79 Fla. 113· Fla.· 1920-01-28 ·cited 52×
  In a dispute over a real property buyback agreement, the Florida Supreme Court addressed whether certain portions of the defendant's answer to a bill for specific performance were properly stricken. The court held that portions of the answer asserting misrepresentation and concea
• Hyman v. Joseph Regenstein (Continental Ill. Nat'l Bank & Tr. Co. of Chicago
  258 F.2d 502· 5th Cir.· 1958-07-23 ·cited 51×
  The court held that collateral estoppel by judgment applied to bar Hyman from relitigating issues already decided in prior suits, as Regenstein was in privity with Velsicol and the issues were essential to prior judgments.
• Shatel Corp. v. MAO TA Lumber & Yacht Corp.
  697 F.2d 1352· 11th Cir.· 1983-02-14 ·cited 50×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against Mao Ta for trademark infringement and unfair competition, finding a substantial likelihood of success on the merits and no reversible error in the application of equit
• Fed. Sav. & Loan Ins. Corp. for Sunrise Sav. & Loan Ass'n v. TWO Rivers Assocs., Inc.
  880 F.2d 1267· 11th Cir.· 1989-08-21 ·cited 49×
  The court held that the D'Oench, Duhme doctrine estops the defendant from asserting defenses based on an alleged oral agreement to fund the entire project, as this agreement was not reflected in the savings and loan's records and would mislead regulatory authorities.