Unclean Hands Doctrine

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

• Jensen v. W. Irrigation & Mfg., Inc.
  650 F.2d 165· 9th Cir.· 1980-07-03 ·cited 12×
  Laches can bar past damages for patent infringement, but prospective relief requires a separate showing of estoppel based on misleading conduct and reliance.
• Steele v. Lannon
  355 So. 2d 190· Fla. 2d DCA· 1978-02-17 ·cited 12×
  Arthur Steele sought to impose a resulting or constructive trust on a condominium unit he purchased with his own funds but placed in the name of his companion, Elizabeth Lannon, after their relationship ended. The trial court granted summary judgment for Lannon based on Steele's
• Kearney & Trecker Corp. v. Cincinnati Milacron Inc.
  562 F.2d 365· 6th Cir.· 1977-09-01 ·cited 12×
  The court affirmed the district court's findings that the Brainard patent was valid and infringed but unenforceable due to fraud on the Patent Office, and that the Morgan patent was invalid. It also affirmed the finding of a Sherman Act Section 2 violation and the award of damage
• N. BAY Vill. Lions Found., Inc. v. City OF Miami Beach
  338 So. 2d 236· Fla. 3d DCA· 1976-09-28 ·cited 12×
  The North Bay Village Lions Foundation challenged a city ordinance regulating bingo games, seeking declaratory and injunctive relief. The trial court dismissed the complaint on the grounds that the foundation had unclean hands by permitting its premises to be used in violation of
• Williams v. Foerster
  335 So. 2d 810· Fla.· 1976-07-21 ·cited 12×
  A deed conveying a family residence held as a tenancy by the entirety is ineffective when it lacks the statutory requirement of two attesting witnesses and the grantor lacked actual intent to convey, regardless of whether spousal joinder is technically required; property held as
• Columbia Pictures Indus., Inc. v. Am. Broad. Cos., Inc.
  501 F.2d 894· 2d Cir.· 1974-07-03 ·cited 12×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs failed to demonstrate a clear likelihood of success on the merits or irreparable harm, and that serious questions warranted further litigation.
• Martin v. Martin
  256 So. 2d 553· Fla. 4th DCA· 1972-01-14 ·cited 12×
  A divorced husband sought to modify his alimony and child support obligations but was summarily denied a hearing because he was in arrears on payments. The court held that arrears alone do not deprive a husband of standing to petition for modification; rather, the court must dete
• In re Martin v. Henley
  452 F.2d 295· 9th Cir.· 1971-11-24 ·cited 12×
  The court held that the referee exceeded his authority by amending a discharge order nunc pro tunc to exclude a debt, but affirmed the determination that the debt was nondischargeable as maintenance and support.
• Katcher v. The Sans Souci Co.
  200 So. 2d 826· Fla. 3d DCA· 1967-07-05 ·cited 12×
  The court held that the chancellor did not abuse discretion in quieting title and that the defendants failed to establish an easement by express grant or estoppel due to the Statute of Frauds.
• Perma Life Mufflers, Inc. v. Int'l Parts Corp.
  376 F.2d 692· 7th Cir.· 1967-04-25 ·cited 12×
  The court held that the in pari delicto defense is not applicable when a party with coercive power forces another into an illegal contract, and that a conspiracy is not required to prove certain antitrust violations.
• W. Los Angeles Inst. for Cancer Research v. Ward Mayer
  366 F.2d 220· 9th Cir.· 1966-08-29 ·cited 12×
  The court held that the doctrine of commercial frustration applied, excusing performance due to a supervening event (adverse tax ruling) that frustrated the essential purpose of the contract, and that the equitable defense of unclean hands and the defense of laches were not appli
• Fla. E. Coast Ry. Co. v. Bhd. OF Locomotive Eng'rs
  362 F.2d 482· 5th Cir.· 1966-06-14 ·cited 12×
  The court held that the Florida East Coast Railway Company (FEC) was equitably estopped from reviving its 1959 contract proposals after it had implemented a superseding 1963 revision, which was later enjoined.
• McCORMICK & Co., Inc. v. Summers
  354 F.2d 668· C.C.P.A.· 1966-01-13 ·cited 12×
  The court held that the evidence was insufficient to establish that the mark "THE HOUSE OF FLAVORS" had become distinctive of the applicant's goods, and therefore, it was not registrable on the Principal Register.
• Chicago & Ill. Midland Ry. Co. v. Brotherhood OF Railroad Trainmen
  315 F.2d 771· 7th Cir.· 1963-03-08 ·cited 12×
  The dissenting judge believes the Norris-LaGuardia Act prohibits the injunction because the employees' refusal to cross a picket line constitutes a labor dispute. The judge also questions the applicability of the Railway Labor Act.
• Brisk Waterproofing Co., Inc. v. A. Belanger & Sons, Inc.
  209 F.2d 169· 1st Cir.· 1954-01-04 ·cited 12×
  The court held that the plaintiff's waterproofing system was covered by an expired patent, thus it had passed into the public domain, and affirmed the grant of summary judgment.
• Koolvent Metal Awning Corp. of Am. v. Bottom
  205 F.2d 209· 8th Cir.· 1953-06-15 ·cited 12×
  A party seeking specific performance must not have engaged in inequitable conduct, and a licensor's breach of dependent covenants, such as the duty to defend, can justify a licensee's rescission and entitle the licensee to damages.
• Singer v. A. Hollander & Son, Inc.
  202 F.2d 55· 3d Cir.· 1953-01-27 ·cited 12×
  The court held that the plaintiff was barred from pursuing his antitrust claims due to collateral estoppel, as the essential facts had already been litigated and decided in prior state court proceedings.
• Foster v. Carlin
  200 F.2d 943· 4th Cir.· 1952-12-31 ·cited 12×
  The court held that the district court erred in dismissing the case for lack of diversity jurisdiction, as the incompetent plaintiff was domiciled in California, and that the federal court had subject matter jurisdiction over the dispute concerning the settlement agreement and st
• Warner Bros. Theatres, Inc. v. Cooper Found.
  189 F.2d 825· 10th Cir.· 1951-05-29 ·cited 12×
  A plaintiff cannot recover by relying on an illegal contract, even if the defendant might be unjustly enriched, especially when the illegality is central to the plaintiff's claim.
• Chicago Pneumatic Tool Co. v. Hughes Tool Co. (two cases)
  180 F.2d 97· 10th Cir.· 1950-02-01 ·cited 12×
  A federal district court may enjoin subsequent proceedings involving the same parties and issues to preserve its jurisdiction.
• Hill v. Hawes
  144 F.2d 511· D.C. Cir.· 1944-06-30 ·cited 12×
  The court held that the usury statute's forfeiture provisions are not negated by a victim's inequitable conduct towards a third party, and the statute of limitations does not bar a defense against a usurious obligation.
• Stehli v. Thompson
  151 Fla. 566· Fla.· 1942-10-16 ·cited 12×
  Richard Thompson sought to set aside a reconciliation settlement and property settlement with his ex-wife Dorothy, claiming fraud and undue influence. The trial court found constructive fraud and set aside the assignment of securities, but the Florida Supreme Court reversed, hold
• Atria Grp., LLC v. ONE Progress Plaza, II, LLC
  170 So. 3d 884· Fla. 2d DCA· 2015-07-22 ·cited 11×
  Atria Group appeals a summary judgment granting eviction for alleged lease violations. The court reversed, holding that genuine issues of material fact existed regarding whether defaults occurred, whether they were material, and whether Atria Group had cured them, and that the la
• Monks v. Smith
  609 So. 2d 740· Fla. 1st DCA· 1992-12-07 ·cited 11×
  Eva Monks, former personal representative of an estate, appeals orders finding her in breach of fiduciary duty, assessing her for attorneys' fees and costs, and awarding the decedent's homestead residence to the University of Michigan. The court affirms the surcharge findings and
• 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.
• Famous Music Corp. v. BAY State Harness Horse Racing & Breeding Ass'n, Inc.
  554 F.2d 1213· 1st Cir.· 1977-05-18 ·cited 11×
  The court held that the defendant's failure to request information about ASCAP's repertory, despite ASCAP's offer to provide it, precluded the defense of estoppel.
• In re Wolverton v. Wolverton
  491 F.2d 361· 9th Cir.· 1974-01-03 ·cited 11×
  The court should reverse and remand, directing the return of money to Time.
• Itasca Lodge 2029 v. Ry. Express Agency Inc.
  391 F.2d 657· 8th Cir.· 1968-03-27 ·cited 11×
  The court held that a federal district court has the authority to issue an injunction to prevent a work stoppage over a 'minor dispute' under the Railway Labor Act, even if the dispute has not yet been formally submitted to the National Railroad Adjustment Board, to protect the B
• Spector v. Ahrenholz
  107 So. 2d 34· Fla. 3d DCA· 1958-11-25 ·cited 11×
  Lloyd and Estelle Spector appealed the dismissal of their suit to recover property they had deeded to L. T. Ahrenholz, claiming the deed was for security only. The court affirmed the dismissal, holding that because the Spectors made the conveyance partly to defraud creditors, the
• Brooker v. Smith
  101 So. 2d 607· Fla. 2d DCA· 1958-03-26 ·cited 11×
  A taxpayer sued the Mayor of Naples for allegedly selling petroleum products to the city in violation of its charter and state law. The trial court heard the mayor's motion to sever and try threshold issues of unclean hands and abuse of process without notice to the plaintiff, an
• THE Mineo Salcedo LAW Firm. P.A. v. Loly Cesard and Yanite Jean
  333 So. 3d 222· Fla. 4th DCA· 2022-01-12 ·cited 10×
  The appellate court reversed a trial court's denial of an attorney's charging lien, finding that factual questions remained regarding whether the law firm's withdrawal from representation was voluntary or involuntary due to a client's Bar complaint. The case was remanded for furt
• Jelic v. Citimortgage, Inc.
  150 So. 3d 1223· Fla. 4th DCA· 2014-11-19 ·cited 10×
  The court held that the trial court did not err in granting summary judgment for foreclosure because the plaintiff sufficiently refuted the defendant's affirmative defenses and the supporting affidavit was properly admitted.
• Coral Reef Drive Land Dev., LLC v. Duke Realty Ltd. P'ship
  45 So. 3d 897· Fla. 3d DCA· 2010-09-22 ·cited 10×
  Coral Reef Drive Land Development appeals a summary judgment and foreclosure judgment entered in favor of Duke Realty Limited Partnership. The court affirms, holding that alleged oral agreements to exercise a purchase option and modify loan terms were not binding and failed to sa
• United States v. Morrison
  28 So. 3d 94· Fla. 1st DCA· 2009-12-31 ·cited 10×
  The United States appeals a trial court decision that declared a mortgage null and void for lack of consideration, denied foreclosure, and awarded $100,000 in damages to borrowers who alleged the government violated consumer credit laws. The appellate court reversed, holding the
• Consol. Aluminum Corp. v. Foseco Int'l Ltd.
  910 F.2d 804· Fed. Cir.· 1990-07-19 ·cited 10×
  The court affirmed the district court's judgment holding the '917 patent unenforceable due to inequitable conduct and other related patents unenforceable under the unclean hands doctrine, and affirmed the invalidity of the '056 and '371 patents due to obviousness.
• Allied Mktg. Grp., Inc. v. CDL Mktg., Inc.
  878 F.2d 806· 5th Cir.· 1989-07-13 ·cited 10×
  The court held that the district court's preliminary injunction order was not sufficiently explained to allow for appellate review, requiring a remand for further findings of fact and conclusions of law, but the injunction would remain in place pending the supplementary opinion.
• RON Matusalem & Matusa OF Fla., Inc. v. RON Matusalem, Inc.
  872 F.2d 1547· 11th Cir.· 1989-05-23 ·cited 10×
  The court affirmed the district court's judgment, holding that the defendant's actions did not constitute a material breach of the sub-franchise agreement, and thus the plaintiff's termination of the agreement was invalid.
• Price v. Norbert Pelka
  690 F.2d 98· 6th Cir.· 1982-10-11 ·cited 10×
  The court held that a district judge has discretion to deny attorney's fees to a prevailing plaintiff in a civil rights case if the plaintiff engaged in inequitable conduct, such as perjury.
• Zukowski v. Dunton
  650 F.2d 30· 4th Cir.· 1981-05-21 ·cited 10×
  The court affirmed the district court's decision regarding the land transfer but modified the stock transfer order, finding that a constructive trust for stock could not exist as no stock was ever issued.
• ST. John v. Emp. Dev. Dep't
  642 F.2d 273· 9th Cir.· 1981-02-23 ·cited 10×
  The court held that an employer's transfer of an employee to a position of equal pay and status, motivated by a conflict of interest arising from the employee's filing of an EEOC complaint, constitutes unlawful retaliation under Title VII, but reinstatement may be denied based on
• United States v. Major OIL Corp.
  583 F.2d 1152· 10th Cir.· 1978-09-15 ·cited 10×
  The court held that the district court had jurisdiction to order the IRS tax refund deposited into the registry as part of the interpleader fund, and that the refund was properly considered part of the interpleader res.
• Kama Rippa Music, Inc. v. Ms. Melanie Schekeryk
  510 F.2d 837· 2d Cir.· 1975-02-10 ·cited 10×
  The court held that Kama Rippa's failure to pay royalties on time was not excused by impossibility due to a self-procured attachment, and its equitable defenses against forfeiture were without merit.
• Schetter v. Schetter
  279 So. 2d 58· Fla. 4th DCA· 1973-06-08 ·cited 10×
  A grantor who conveyed property fraudulently may recover that property from a non-innocent grantee obtained through undue influence or duress, even though the grantor lacked clean hands, when the grantee is the more culpable party and the parties are not in pari delicto.
• Cochran v. Tatum R. Cochran
  263 So. 2d 292· Fla. 2d DCA· 1972-06-09 ·cited 10×
  In this child support and visitation dispute, the Florida appellate court affirmed the trial court's dismissal of the mother's attempt to enforce support payments through Pennsylvania's reciprocal enforcement process after she violated the original Florida divorce decree's visita
• State OF Israel v. The Motor Vessel Nili
  435 F.2d 242· 5th Cir.· 1970-10-23 ·cited 10×
  The court held that a lien preclusionary clause in a foreign ship mortgage is ineffective to subordinate American maritime liens under 46 U.S.C. § 951, and that foreign mortgagees can foreclose under § 951.
• Operating Eng'rs Local Union NO. 3 v. Burroughs
  417 F.2d 370· 9th Cir.· 1969-10-01 ·cited 10×
  The dissenting judge argues that the majority erred in not allowing the defense of unclean hands in an equitable proceeding, potentially allowing vexatious lawsuits to proceed without equitable scrutiny.
• Ill. Cent. R.R. Co. v. Brotherhood OF Railroad Trainmen
  398 F.2d 973· 7th Cir.· 1968-07-22 ·cited 10×
• Nat'l Dairy Prods. Corp. v. The Borden Co. & Hayssen Mfg. Co. (16149)
  394 F.2d 887· 7th Cir.· 1968-03-26 ·cited 10×
  The court held that the patent for a cheese packaging method was not obvious and therefore valid, reversing the district court's finding of invalidity.
• Brinson v. Brinson
  334 F.2d 155· 4th Cir.· 1964-06-16 ·cited 10×
  The court held that Clara Brinson, having remarried under a bigamous marriage after a divorce a mensa et thoro and desertion, was equitably barred from claiming insurance proceeds as the lawful widow.
• Nedd v. Weldon G. Starry
  143 So. 2d 522· Fla. 1st DCA· 1962-07-17 ·cited 10×
  J. B. Nedd appealed a decree dismissing his complaint for partition of his deceased wife Agnes Rubin Nedd's real estate. The court affirmed, holding that Nedd's conduct—including abandonment of the marriage, multiple bigamous marriages, and philandering while claiming to be a min