Unclean Hands Doctrine

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

• Olson v. Miller
  263 F.2d 738· D.C. Cir.· 1959-02-12 ·cited 10×
  The court held that the district court erred in dismissing the complaint on substantive grounds, standing, and indispensable parties, but correctly dismissed the action against the bank.
• THE Diversey Corp. v. Charles Pfizer & Co., Inc.
  255 F.2d 60· 7th Cir.· 1958-05-09 ·cited 10×
  The court held that the patent was invalid due to prior art and that the plaintiff's "unclean hands" barred its suit, but reversed the injunction related to a patent not at issue.
• Deseret Apts., Inc. v. United States
  250 F.2d 457· 10th Cir.· 1957-12-18 ·cited 10×
  The court held that the government's issuance of a certificate of need in good faith, even if later proven inaccurate, does not constitute 'unclean hands' preventing foreclosure, and a claim for operating loss setoff was procedurally barred.
• The Tex. Co. v. Globe OIL & Ref. Co.
  225 F.2d 725· 7th Cir.· 1955-07-29 ·cited 10×
  The court held that the patent claims, when read in light of the specifications, do not disclose 'clean circulation' as a separate invention but only as an auxiliary step to 'postponed cracking' (heating in the coil and cracking in the drum), and therefore, the defendant's proces
• Master v. Sheffield Steel Corp.
  215 F.2d 285· C.C.P.A.· 1954-06-30 ·cited 10×
  The court held that the Commissioner's reversal of the Examiner's summary judgment was improper, and the appeal should not be dismissed.
• Interstate Hotel Co. of Neb. v. Remick Music Corp.
  157 F.2d 744· 8th Cir.· 1946-10-23 ·cited 10×
  The court held that the sale of copyrighted musical compositions in sheet music form does not waive the copyright owner's exclusive right to publicly perform the composition for profit. It also held that a repealed state statute could not be the basis for denying relief.
• Flexwood Co. v. Matt G. Faussner & Co.
  145 F.2d 528· 7th Cir.· 1944-11-06 ·cited 10×
  The court held that the defendant infringed both the product and method patents, and that the antitrust claims raised late were not sufficiently presented for review.
• LEO Feist, Inc. v. Young
  138 F.2d 972· 7th Cir.· 1943-12-03 ·cited 10×
  A state statute requiring a license to issue licenses for public performance of copyrighted music cannot bar a federal copyright infringement suit by a proprietor who has not complied with the state statute.
• W. Union Tel. Co. v. Int'l Bhd. OF Elec. Workers
  133 F.2d 955· 7th Cir.· 1943-03-03 ·cited 10×
  The court held that a federal court has jurisdiction to modify a previously issued injunction when subsequent changes in law render the enjoined conduct legal, even if the original decree was final for appeal purposes.
• Brown-Crummer Inv. Co. v. City of Purcell
  128 F.2d 400· 10th Cir.· 1942-05-06 ·cited 10×
  The court held that where street improvement bonds are delinquent and the fund is insufficient, they are payable pro rata, not in numerical order, and a party seeking equitable relief must do equity.
• Betmar Hats, Inc. v. Young Am. Hats, Inc.
  116 F.2d 956· 2d Cir.· 1941-01-22 ·cited 10×
  The court held that persistent threats to customers regarding patent infringement, unsupported by a lawsuit to validate the patent, are grounds for an injunction.
• Fansteel Metallurgical Corp. v. Nat'l Labor Relations Bd.
  98 F.2d 375· 7th Cir.· 1938-07-22 ·cited 10×
  The National Labor Relations Board's order requiring reinstatement of striking employees was generally valid, as the Act preserves the employer-employee relationship for striking workers to enable the Board to prevent unfair labor practices. However, the reinstatement provision m
• Protective Holding Corp. v. Cornwall Co.
  127 Fla. 252· Fla.· 1936-10-30 ·cited 10×
  The Florida Supreme Court affirmed a decree canceling a deficiency judgment against a married woman, holding that courts lack power to enter binding deficiency decrees against married women who did not join with their husbands in mortgage assumptions or other financial transactio
• Leonid Turovets v. Khromov
  943 So. 2d 246· Fla. 4th DCA· 2006-11-08 ·cited 9×
  Leonid Turovets and his children appealed a trial court's award of section 57.105 attorney's fees to Rita Khromov and summary judgment against their counterclaim in a dispute over a quitclaim deed to a condominium unit. The appellate court reversed, finding the record contained s
• Schurr v. Sanchez-Gronlier
  937 So. 2d 1166· Fla. 3d DCA· 2006-09-01 ·cited 9×
  A trial court denied an election challenge seeking to remove a judicial candidate from the ballot for campaign finance violations. The appellate court affirmed, holding that although the candidate violated Florida's requirement to designate a campaign treasurer before accepting c
• Riggs v. Smith
  953 F. Supp. 389· S.D. Fla.· 1997-01-22 ·cited 9×
  The court held that the insurance plan at issue falls within ERISA's safe harbor provision, meaning it is not an ERISA plan and thus state law claims are not preempted.
• Jaffe v. Hardy M. Snow, Jr.
  610 So. 2d 482· Fla. 5th DCA· 1992-11-13 ·cited 9×
  Ruth Jaffe sought to enforce a Canadian judgment against a Florida surety company and its president for damages stemming from her husband Sidney's forcible return to Florida by bail recovery agents. The Florida appellate court affirmed the trial court's refusal to recognize and e
• The Original Great Am. Chocolate Chip Cookie Co. v. River Valley Cookies
  970 F.2d 273· 7th Cir.· 1992-07-20 ·cited 9×
  The dissenting judge would affirm the district court's judgment, disagreeing with the majority's reversal.
• Schaefer v. Ark. Med. Soc'y & Trs. of the Ark. Med. Soc'y Pension Tr.
  853 F.2d 1487· 8th Cir.· 1988-08-15 ·cited 9×
  The court held that the district court did not err in applying ERISA's 3-year statute of limitations to bar the counterclaim and in finding that the plaintiff breached his fiduciary duty, thus precluding his recovery of pension benefits.
• Malkus v. Gaines
  476 So. 2d 220· Fla. 3d DCA· 1985-08-06 ·cited 9×
  This appeal concerns the interpretation and enforcement of a partnership buyout provision triggered by breach of warranty. The court reversed the trial court's rejection of the buyout clause as a penalty, clarified the proper calculation of ownership interests based on funds adva
• Sec. & Exch. Comm'n v. Wencke
  577 F.2d 619· 9th Cir.· 1978-06-29 ·cited 9×
  The court held that the district court had jurisdiction over Sun Fruit and that the default judgments were proper given the defendants' willful refusal to comply with discovery orders. However, the permanent injunction was modified as it granted relief beyond the scope of the com
• Locklin v. Switzer Bros., Inc.
  335 F.2d 331· 7th Cir.· 1964-07-24 ·cited 9×
  The denial of post-trial motions and affirmance of those denials in California courts are res judicata of later independent equitable actions in this circuit, even when based on similar grounds.
• Extractol Process v. Hiram Walker & Sons, Inc.
  153 F.2d 264· 7th Cir.· 1946-01-25 ·cited 9×
  A patent licensee who sells a patented machine outside the United States does not infringe the patent, even if it violates the license agreement, because patent control does not extend beyond the initial sale and the territorial limits of the United States.
• Kerman's v. Strobhar
  106 Fla. 148· Fla.· 1932-07-12 ·cited 9×
  The Florida Supreme Court reversed a decree that voided two judgments against a married woman, holding that a married woman who purchased personal property in Illinois (where she had legal capacity to contract) cannot later avoid the resulting judgments by asserting her coverture
• IMX, Inc. v. E-Loan, Inc.
  748 F. Supp. 2d 1354· S.D. Fla.· 2010-11-01 ·cited 8×
  The court held that a patent owner's claims of patent misuse and unclean hands are barred by 35 U.S.C. § 271(d)(3) when based on wrongful enforcement, but not when based on challenging ownership. The court also found that laches and estoppel defenses were sufficiently pleaded, bu
• CB Fleet Co., Inc. v. Unico Holdings, Inc.
  510 F. Supp. 2d 1078· S.D. Fla.· 2007-04-25 ·cited 8×
  C.B. Fleet Company obtained a preliminary injunction against Unico Holdings for copyright infringement of its Phospho-soda bowel cleansing kit's patient instruction sheet and package design. The court found C.B. Fleet established a substantial likelihood of success on the merits,
• Cicoria v. Gazi
  901 So. 2d 282· Fla. 5th DCA· 2005-04-29 ·cited 8×
  Purchasers of foreclosed property appeal the trial court's order setting aside the foreclosure sale and reinstating the mortgagor's right to redeem. The court reversed, finding that critical factual issues regarding service of process, the mortgagor's execution of a forbearance a
• Dollar Sys., Inc. v. Avcar Leasing Sys., Inc.
  890 F.2d 165· 9th Cir.· 1989-11-13 ·cited 8×
  The court held that the district court correctly applied California Franchise Investment Law and defined 'willful' violations, but erred in calculating damages by failing to consider certain payments and profits. The court affirmed the rescission and attorneys' fees award.
• United States Steel Corp. Plan FOR Emp. Ins. Benefits v. Musisko
  885 F.2d 1170· 3d Cir.· 1989-09-21 ·cited 8×
  The district court's injunction and declaratory judgment are barred by the Anti-Injunction Act because ERISA does not expressly authorize federal courts to enjoin state court proceedings.
• Demaco Corp. v. F. VON Langsdorff Licensing Ltd. & F. Von Langsdorff Bauverfahren GmbH
  851 F.2d 1387· Fed. Cir.· 1988-06-21 ·cited 8×
  The court held that the patent claims were not invalid for obviousness and the patent was not unenforceable due to inequitable conduct, reversing the district court's findings.
• Andreas Proimos v. Fair Auto. Repair, Inc.
  808 F.2d 1273· 7th Cir.· 1987-01-12 ·cited 8×
  The court held that the district court abused its discretion by granting summary judgment for the plaintiffs on the issue of injunctive relief without proper notice or consent for consolidation of the preliminary injunction hearing with a trial on the merits, and that the denial
• Slusher v. Drew S. Greenfield
  488 So. 2d 579· Fla. 4th DCA· 1986-04-30 ·cited 8×
  In this employment contract dispute, the Fourth District Court of Appeal reversed the trial court's severance of illegal senior shareholder provisions from an employment agreement, holding that the provisions were interdependent with the compensation structure and that the entire
• Helga Skin Therapy, Inc. v. Dead River Props., Inc.
  478 So. 2d 95· Fla. 2d DCA· 1985-11-01 ·cited 8×
  Helga Skin Therapy appealed a summary judgment evicting it from leased commercial space for nonpayment of rent. The court affirmed the eviction, holding that Helga failed to pay rent within the contractual 15-day grace period and that Dead River was entitled to possession regardl
• Reg'l Props., Inc. v. Fin. & Real Est. Consulting Co. & David Goldner
  752 F.2d 178· 5th Cir.· 1985-02-07 ·cited 8×
  The court held that the broker's equitable defenses were barred by the doctrine of unclean hands, and the motion to admit newly discovered evidence was untimely.
• Nina Adelina Fidalgo/Velez v. Immigr. & Naturalization Serv.
  697 F.2d 1026· 11th Cir.· 1983-02-11 ·cited 8×
  The court held that the petitioner's one-day trip to Canada to obtain an immigrant visa after her sponsor's death was 'meaningfully interruptive' of her continuous physical presence, thus disqualifying her from suspension of deportation.
• Indianapolis Morris Plan Corp. v. Portela
  364 So. 2d 840· Fla. 3d DCA· 1978-11-28 ·cited 8×
  The court held that a lender with unclean hands due to usury cannot foreclose a mortgage in equity, but a money judgment for the loan amount less penalties may be entered.
• Pelle v. Glantz
  349 So. 2d 732· Fla. 3d DCA· 1977-08-23 ·cited 8×
  In this mortgage foreclosure dispute, the trial court found a mortgage executed by the Pelles to the Glantzs to be unenforceable due to lack of valid consideration and the mortgagor's unclean hands. The appellate court affirmed, finding substantial evidence supported the trial co
• The Gen. Tire & Rubber Co. v. The Firestone Tire & Rubber Co.
  489 F.2d 1105· 6th Cir.· 1973-11-20 ·cited 8×
  The court held that General Tire's patent for oil-extended synthetic rubber was valid and that Firestone was licensed to use it as a nominee of the U.S. Government.
• Ungar v. Mandell
  471 F.2d 1163· 2d Cir.· 1972-12-06 ·cited 8×
  The denial of injunctive relief was affirmed, but the dismissal of the suit was reversed and remanded for further findings on collateral estoppel.
• Champion MAP Corp. v. Chamco
  235 So. 2d 50· Fla. 4th DCA· 1970-05-06 ·cited 8×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding whether the transactions created a security interest or an excluded assignment of contract rights.
• Ferraro v. Emerson L. Parker
  229 So. 2d 621· Fla. 2d DCA· 1969-12-17 ·cited 8×
  Ferraro, a beneficiary in an Illinois Land Trust, appealed the dismissal of his declaratory judgment action seeking to treat his pledged trust participation certificate as a mortgage subject to foreclosure. The court affirmed the dismissal, holding that under Florida's land trust
• Earle R. Hanson & Assocs. v. Hanson
  403 F.2d 65· 8th Cir.· 1968-11-13 ·cited 8×
  The court held that substantial evidence of gross mismanagement and breach of fiduciary duty by the Hansons justified the cancellation of their management contract and denial of their option to purchase stock.
• Town OF Surfside v. Andrews
  193 So. 2d 207· Fla. 3d DCA· 1966-12-20 ·cited 8×
  The Town of Surfside appealed a permanent injunction preventing enforcement of its zoning ordinance against Nina Jane Andrews, who constructed a second dwelling on a lot smaller than required. The appellate court affirmed, holding that the zoning restriction as applied to Andrews
• The Borden Co. v. Clearfield Cheese Co., Inc.
  369 F.2d 96· 3d Cir.· 1966-12-09 ·cited 8×
  The court held that the lower court erred in granting summary judgment for patent invalidity without sufficient evidence, discovery, or proper application of patentability standards.
• Burns v. Smith Burns
  174 So. 2d 432· Fla. 2d DCA· 1965-04-09 ·cited 8×
  In this divorce case, the wife appeals the chancellor's decree regarding partition of the marital home (Houle Avenue House) and the treatment of a loan from the husband's aunt used to construct it. The court affirms the divorce and most property divisions but reverses the finding
• City OF Leesburg v. Knight
  164 So. 2d 547· Fla. 2d DCA· 1964-05-29 ·cited 8×
  The City of Leesburg appealed a chancellor's denial of its motion to strike certain defenses in an action against its former city attorney Walter Warren involving alleged improper transactions. The court held that the ulterior motives of city officials and the city's selective en
• Furman v. Furman
  130 So. 2d 316· Fla. 3d DCA· 1961-05-18 ·cited 8×
  Mary Furman appeals a divorce decree granted to her husband George on grounds of her alleged adultery. The appellate court reverses the divorce decree, finding that George lacked clean hands after the New York court had declared the Mexican mail-order divorce valid and voided his
• Eleonora Kreisel v. Ingham
  113 So. 2d 205· Fla. 2d DCA· 1959-05-20 ·cited 8×
  In this Florida probate appeal, a sister of a deceased woman challenged the right of the woman's estranged husband to inherit her estate as the surviving spouse. The appellate court affirmed that absent statutory provisions barring inheritance based on abandonment or misconduct,
• Astor v. Astor
  120 So. 2d 176· Fla.· 1959-04-07 ·cited 8×
• Shulman v. Miller
  107 So. 2d 274· Fla. 3d DCA· 1958-12-02 ·cited 8×
  The court held that the trial court erred in granting summary decree because a genuine issue of material fact existed regarding the father's consent to the children's removal from the state.