Unclean Hands Doctrine

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

• Dep't OF Revenue v. Jackson
  846 So. 2d 486· Fla.· 2003-04-24 ·cited 48×
  The Florida Supreme Court resolved a conflict between district courts regarding whether incarcerated parents can modify child support obligations due to income loss from incarceration. The Court held that while incarcerated parents cannot automatically suspend support payments, t
• Whelan Assocs., Inc. v. Jaslow Dental Lab., Inc.
  797 F.2d 1222· 3d Cir.· 1986-08-04 ·cited 47×
  The court held that the structure and organization of a computer program are protectible by copyright, not just the literal code, and that substantial similarity in structure can constitute infringement.
• The Lackawanna Leather Co. v. United Food & Commercial Workers Int'l Union
  706 F.2d 228· 8th Cir.· 1983-04-25 ·cited 46×
  The arbitrator exceeded the scope of the submission by interpreting section 8.4 of the collective bargaining agreement, an issue not presented by the parties.
• Q-Tips, Inc. v. Johnson & Johnson (two cases)
  206 F.2d 144· 3d Cir.· 1953-06-26 ·cited 45×
  The court held that the defendant infringed the plaintiff's 'Q-Tips' trademark by using the name 'Johnson's Cotton Tips' and affirmed the lower court's grant of an injunction but denial of damages.
• Gables Racing Assoc., Inc. v. Persky
  148 Fla. 627· Fla.· 1940-10-25 ·cited 45×
  The Florida Supreme Court affirmed a decree enforcing an equitable mortgage lien against Gables Racing Association for $15,000 owed to Robert Persky, finding that the chancellor correctly admitted conflicting evidence and properly determined factual issues on behalf of the lender
• City First Mortg. Corp. v. Barton
  988 So. 2d 82· Fla. 4th DCA· 2008-07-16 ·cited 44×
  The appellate court reversed in part a trial court's decision concerning a mortgage foreclosure dispute, specifically addressing the application of the unclean hands doctrine, damages, and a borrower's counterclaim under the Florida Deceptive and Unfair Trade Practices Act.
• Mondy v. Mondy
  428 So. 2d 235· Fla.· 1983-03-03 ·cited 44×
  The Florida Supreme Court held that Florida courts must decline jurisdiction in child custody cases when another state's court has already made a custody determination under the Uniform Child Custody Jurisdiction Act (UCCJA), particularly when the party seeking to relitigate the
• Monsanto Co. v. Rohm & Haas Co.
  456 F.2d 592· 3d Cir.· 1972-01-12 ·cited 44×
  The court held that Monsanto's failure to fully disclose test results and prior inconsistent representations to the Patent Office constituted misrepresentation, rendering the patent invalid due to unclean hands.
• Cent. Ry. Signal Co. v. Longden
  194 F.2d 310· 7th Cir.· 1952-01-15 ·cited 44×
  A corporate officer who diverts a corporate opportunity for personal gain, using corporate resources and failing to disclose material facts to the board, breaches his fiduciary duty, and the corporation is entitled to recover the profits and benefits derived from the diversion.
• Stewart v. Stewart
  158 Fla. 326· Fla.· 1946-11-26 ·cited 44×
• Craig v. Craig
  157 Fla. 710· Fla.· 1946-07-12 ·cited 44×
  Charles Leo Craig appealed a contempt judgment and alimony enforcement order, arguing that his ex-wife Beatrice Craig violated the separation decree's visitation provisions and came to equity with unclean hands. The Florida Supreme Court reversed, holding that Craig's affirmative
• 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
• Mardan Corp. v. C.G.C. Music, Ltd.
  804 F.2d 1454· 9th Cir.· 1986-11-25 ·cited 42×
  The dissenting judge would hold that a uniform federal rule requiring express releases is necessary for CERCLA claims, and would reverse the grant of summary judgment. The majority, however, incorporated state law and affirmed summary judgment.
• Mallis v. Bankers Tr. Co.
  615 F.2d 68· 2d Cir.· 1980-01-25 ·cited 42×
  The court held that the trial court erred in instructing the jury on the plaintiff's burden of due diligence and good faith for a Rule 10b-5 claim and in allowing testimony regarding usury as a defense. The court also found error in the admission of evidence regarding the plainti
• Solomon v. Solomon
  516 F.2d 1018· 3d Cir.· 1975-05-02 ·cited 42×
  The court held that the assertion of a defense based on a severable visitation clause in a contract does not divest federal courts of diversity jurisdiction in a contract action, and the "domestic relations exception" does not bar such suits.
• Pompano Paint Co. v. Pompano Beach Bank & Tr. Co.
  208 So. 2d 152· Fla. 4th DCA· 1968-03-19 ·cited 42×
  The court held that a summary judgment was improperly granted because the plaintiff's supporting affidavits did not negate the defendant's affirmative defenses, and the defendant's attorney's affidavit raised a material issue of fact regarding payment.
• Esquire, Inc. v. Esquire Slipper Mfg. Co., Inc.
  243 F.2d 540· 1st Cir.· 1957-04-24 ·cited 42×
  The court held that while the plaintiff's trademark 'Esquire' has some goodwill, it is a weak mark, and the scope of protection should be limited, with the specific relief to be determined by the District Court.
• Ohio Oil Co. v. Sharp
  135 F.2d 303· 10th Cir.· 1943-04-05 ·cited 42×
  A party acting in good faith, even if committing an actionable trespass, is not barred from seeking equitable relief if their conduct is not unconscionable or sufficiently culpable.
• Henry v. Ecker
  415 So. 2d 137· Fla. 5th DCA· 1982-06-16 ·cited 41×
  The court held that the trial court erred in denying specific performance based on the 'clean hands' doctrine, as typical real estate closing disputes do not warrant its application.
• Trans-Bay Eng'rs & Builders, Inc. v. Hills
  D.D.C.· 1976-12-30 ·cited 41×
  The court held that Trans-Bay is conditionally entitled to recover retained construction funds under equitable doctrines, reversing summary judgment for HUD and Advance.
• A. B. Dick Co. v. Marr
  197 F.2d 498· 2d Cir.· 1952-05-26 ·cited 41×
  The appeal is dismissed as moot because the plaintiff's voluntary dismissal of the underlying patent infringement case vitiated all prior proceedings and rendered the controversy moot, despite the prior fraud allegations.
• K-Mart Corp. v. Oriental Plaza, Inc.
  875 F.2d 907· 1st Cir.· 1989-05-10 ·cited 40×
  The court held that the landlord's construction of retail buildings in violation of the lease constituted a breach, and that injunctive relief was appropriate due to irreparable harm to the tenant's goodwill and property rights.
• Edward B. Marks Music Corp. v. Colo. Magnetics, Inc.
  497 F.2d 285· 10th Cir.· 1974-02-28 ·cited 40×
  The court held that the compulsory license provisions of the Copyright Act do not authorize the duplication of existing recordings of copyrighted musical compositions; such activity constitutes copyright infringement.
• Carroll & Assocs., P.A. v. Galindo
  864 So. 2d 24· Fla. 3d DCA· 2003-11-19 ·cited 39×
  Carroll & Associates obtained a judgment lien against a condominium owner's remainder interest and foreclosed on it at a sheriff's sale. The Galindos, who held a lease with an option to purchase, later acquired a life estate through specific performance and then obtained an assig
• Winston Research Corp. v. Minn. Mining & Mfg. Co.
  350 F.2d 134· 9th Cir.· 1965-07-09 ·cited 39×
  The court held that the district court properly defined Mincom's trade secrets as specific specifications, not general approaches, and that the injunction duration was appropriate, but certain provisions of the injunction were overly broad.
• McMillan v. McMillan
  120 Fla. 209· Fla.· 1935-06-25 ·cited 39×
  Florence McMillan appealed a divorce decree granted to her husband, D. W. McMillan, on grounds of her adultery with Wade H. Oldham. The Florida Supreme Court affirmed the divorce, rejecting her defenses of connivance, recrimination, and justification, holding that the circumstant
• Cong. Park Off. Condos II, LLC v. First-Citizens Bank & Tr. Co.
  105 So. 3d 602· Fla. 4th DCA· 2013-01-16 ·cited 38×
  Borrowers appealed a summary judgment foreclosure order, arguing the trial court erred by granting summary judgment while discovery was pending and that genuine issues of material fact existed regarding affirmative defenses. The Florida Fourth District Court of Appeal affirmed, h
• Mr. Jesse Pinion v. DOW Chem.
  928 F.2d 1522· 11th Cir.· 1991-04-19 ·cited 38×
  The dissent argues that the unique circumstances doctrine should apply because the appellant reasonably relied on the district court's order granting an extension, despite the order being improper.
• The First Nat'l Bank OF Cincinnati v. Pepper
  454 F.2d 626· 2d Cir.· 1972-01-03 ·cited 38×
  The court agreed to reverse the summary judgment due to disputed issues of fact regarding duress.
• Allan v. Chapman, Jr.
  409 F.2d 635· 9th Cir.· 1969-03-20 ·cited 38×
  The court held that the distributorship agreement, even when considered with the promotional brochure, did not constitute an investment contract under the Securities Act of 1933, and that the plaintiff failed to present genuine issues of material fact to support his antitrust cla
• Libbey-Owens-Ford Glass Co. v. Sylvania Indus. Corp.
  154 F.2d 814· 2d Cir.· 1946-03-26 ·cited 38×
  The court held that an order dismissing one defense and denying a motion for summary judgment on that defense is not a final judgment and therefore not appealable.
• Appalachian, Inc. v. Olson
  468 So. 2d 266· Fla. 2d DCA· 1985-03-01 ·cited 36×
  This appeal concerns whether the Interstate Land Sales Full Disclosure Act applies to condominium sales in Florida and whether equitable defenses can bar a purchaser's right to rescind contracts for failure to provide required property reports. The court affirmed summary judgment
• Wilson v. Rooney
  101 So. 2d 892· Fla. 2d DCA· 1958-04-02 ·cited 36×
  Rosalie Wilson appealed a chancery decree denying her claims to a house and demanding $48,000 in reimbursement from L.F. Rooney, with whom she had lived in a meretricious relationship. The court affirmed the Chancellor's finding that the defendant owned the property and was entit
• Frank Adam Elec. Co. v. Colt's Patent Fire Arms MFG. Co. (two cases)
  148 F.2d 497· 8th Cir.· 1945-04-04 ·cited 36×
  The court held that Claims 9 and 11 of Reissue Patent No. 20,018 do not represent patentable invention and are therefore invalid and not infringed, reversing the lower court's decision on these claims.
• Dwinell-Wright Co. v. Nat'l Fruit Prod. Co., Inc.
  140 F.2d 618· 1st Cir.· 1944-02-02 ·cited 36×
  The court held that the defendant infringed the plaintiff's trademark on fruit and vegetable juices, but the plaintiff did not infringe the defendant's trademark on tea and coffee, based on the likelihood of consumer confusion.
• Maltz v. SAX
  134 F.2d 2· 7th Cir.· 1943-02-26 ·cited 36×
  A plaintiff engaged in the business of manufacturing and selling gambling devices cannot recover treble damages under the Sherman Anti-Trust Act for alleged injury to their business.
• Ticktin v. Kearin
  807 So. 2d 659· Fla. 3d DCA· 2001-10-24 ·cited 35×
  In this child support enforcement appeal, the Third District Court of Appeal reversed the trial court's finding that the former wife's claims were barred by laches, holding that laches does not apply to child support matters except in extraordinary circumstances. The court also r
• Ne. Women's Ctr., Inc. v. McMONAGLE
  868 F.2d 1342· 3d Cir.· 1989-03-02 ·cited 35×
  The court held that the defendants' actions, motivated by political beliefs, were not immunized from RICO liability and that the justification defense was unavailable under both federal and Pennsylvania law. The court also found no abuse of discretion in the trial court's conduct
• AIR Line Pilots Ass'n v. United AIR Lines, Inc.
  802 F.2d 886· 7th Cir.· 1986-09-29 ·cited 35×
  The court held that United's rebid procedures and hiring of permanent replacement pilots were lawful under the Railway Labor Act, but its treatment of the Group of 500 trainees violated the Act.
• Polk Bros., Inc. v. Forest City Enters., Inc.
  776 F.2d 185· 7th Cir.· 1985-10-31 ·cited 35×
  The court held that the restrictive covenant was ancillary to a productive venture and thus subject to the Rule of Reason, not per se invalidation under antitrust law. It also held that Polk's breaches did not bar enforcement under the unclean hands doctrine as they were not subs
• The Coca-Cola Co. v. Overland, Inc.
  692 F.2d 1250· 9th Cir.· 1982-11-18 ·cited 35×
  The court held that Overland's defenses and antitrust counterclaim failed to raise genuine issues of material fact, and Coca-Cola was entitled to judgment as a matter of law.
• Imogene Varnes v. Dawkins
  624 So. 2d 349· Fla. 1st DCA· 1993-09-14 ·cited 34×
  The appellate court reversed a trial court's dismissal of a complaint, finding that the complaint sufficiently stated a cause of action for equitable title to real property. The court emphasized that a motion to dismiss requires accepting all factual allegations as true, and that
• Universal City Studios v. Sony Corp. OF Am.
  659 F.2d 963· 9th Cir.· 1981-10-19 ·cited 34×
  Home video recording of copyrighted audiovisual materials for private, non-commercial use constitutes copyright infringement, and the fair use doctrine does not sanction such activity.
• Employing Plasterers' Ass'n OF Chicago v. Journeymen Plasterers' Protective & Benevolent Soc'y OF Chicago
  279 F.2d 92· 7th Cir.· 1960-05-06 ·cited 34×
• Mabry v. Knabb
  151 Fla. 432· Fla.· 1942-06-05 ·cited 34×
  A collusive settlement between a trustee and tenant to deprive the trustee's attorneys of compensation for services is a fraud upon the attorneys, who may pursue the trustee's claims through continued prosecution of the suit; further, a tenant cannot claim a lien for tax payments
• Shaw v. Hamm
  133 Fla. 722· Fla.· 1938-08-01 ·cited 34×
  This case concerns whether a court can set aside a final foreclosure decree for tax sale certificates that were obtained at a fraction of face value, based on equitable principles. The Florida Supreme Court affirmed the lower court's decision to vacate the foreclosure decree and
• Warner Bros. Inc. v. GAY Toys, Inc.
  724 F.2d 327· 2d Cir.· 1983-12-21 ·cited 32×
  The court held that the "General Lee" symbols on toy cars are not functional and have acquired secondary meaning, thus warranting protection under the Lanham Act.
• The A. H. Emery Co. v. Marcan Prods. Corp.
  389 F.2d 11· 2d Cir.· 1968-01-18 ·cited 32×
  The court affirmed the district court's judgment, finding no clear error in the trade secret findings and no abuse of discretion regarding the unclean hands defense or federal jurisdiction.
• S. H. Kress & Co. v. Elie P. Aghnides & Chase Brass & Copper Co., Inc.
  246 F.2d 718· 4th Cir.· 1957-05-17 ·cited 32×
  The court denied both parties' motions for rehearing, affirming its prior decision on patent validity.
• Gray Tool Co. v. Humble OIL & Ref. Co.
  186 F.2d 365· 5th Cir.· 1951-01-19 ·cited 32×
  Summary judgment is an improper tool to prematurely terminate patent infringement suits, especially when the defense of patent misuse involves questions of intent and fact not resolvable as a matter of law on the record presented.