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578 F.2d 666·
6th Cir.·
1978-06-29
·cited 1×
The court affirmed the Administrator's decision imposing the SO2 control plan, subject to reservations, and clarified that certain issues were disposed of by prior opinions or were fact questions for administrative review.
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N.D. Fla.·
2025-07-08
A federal district court in Florida granted preliminary injunctions blocking enforcement of new state laws that restrict petition circulator eligibility, finding that the residency and citizenship requirements for those gathering signatures for ballot initiatives impose unconstit
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M.D. Fla.·
2025-04-17
The court held that Plaintiff's motion to compel discovery must be denied because Plaintiff failed to address most of Defendants' objections and the requests were overbroad.
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Del. Ch.·
2024-07-26
The Court held that 24 Del. C. 2616(a)(8) violates the Fourteenth Amendment's Equal Protection Clause because it arbitrarily imposes restrictions on physical therapists and athletic trainers that are not imposed on similarly situated healthcare providers, and the Board failed to
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M.D. Fla.·
2024-07-09
The court held that the plaintiff failed to establish a substantial likelihood of success on the merits of its First Amendment challenge to the county's closing time ordinance.
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S.D. Fla.·
2024-01-23
The court established standing discovery procedures for the Southern District of Florida, emphasizing compliance with Federal Rules of Civil Procedure and local rules.
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N.D. Fla.·
2023-11-03
NCF Freedom Inc. and other New College faculty and students sued to block the enforcement of Florida's SB 266, which restricts what can be taught in general education courses and limits state funding for certain campus programs and activities, arguing the law violates First Amend
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Del. Ch.·
2023-07-22
The Court held that the deed restriction is unenforceable on its face because it lacks a fixed standard of review, rendering it subject to arbitrary and inconsistent application. Consequently, the Plaintiff's motion for summary judgment was denied, and judgment was entered in fav
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N.D. Fla.·
2023-07-03
A federal district court blocked Florida from enforcing two provisions of a law regulating third-party voter registration organizations: a requirement that only U.S. citizens can collect voter registration applications, and a ban on retaining voter information, finding both viola
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Fla. 4th DCA·
2023-04-12
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N.D. Fla.·
2022-06-27
Plaintiffs have not met their burden to establish standing to pursue preliminary injunctive relief, except potentially for one plaintiff whose motion is reserved.
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M.D. Fla.·
2022-06-22
The court adopted the Magistrate Judge's recommendation, awarding attorneys' fees and costs to the prevailing defendants, finding that intertwined claims justified awarding joint fees.
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M.D. Fla.·
2021-09-30
Plaintiffs Craig and Yvonne Davis sued Little Giant Ladder Systems, LLC (formerly Wing Enterprises, Inc.) for injuries from a defective Velocity Model 22 ladder that failed when Craig Davis used it to hang Christmas lights in December 2018, seeking damages under theories of negli
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M.D. Fla.·
2021-02-22
Jon Christopher Stoune was convicted of attempted enticement of a minor, advertising child pornography, and attempted production of child pornography after engaging in sexually explicit communications with an undercover police officer posing as a 14-year-old girl. The district co
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M.D. Fla.·
2020-10-30
The court held that the petitioner's claims of ineffective assistance of counsel and other grounds for vacating his sentence were procedurally barred, refuted by the record, or otherwise without merit.
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S.D. Fla.·
2020-09-11
B&G Opa Holdings, Inc. challenged the City of Opa-locka's closure of its adult entertainment establishment, Klub 24, claiming violations of First Amendment and due process rights. The magistrate judge granted summary judgment in B&G's favor on claims that the city's zoning ordina
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S.D. Fla.·
2014-02-19
The court granted summary judgment for the CFTC on Count One, finding that the defendants' retail commodity transactions were not covered by the actual delivery exception and thus violated Section 4(a) of the Commodity Exchange Act. The court also found individual defendants liab
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650 F. Supp. 2d 1235·
S.D. Fla.·
2009-06-17
The court held that a subsequent Congressional enactment mandating project implementation, including "notwithstanding any other provision of law" language, divested the court of subject matter jurisdiction by mooting the case.
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508 F. Supp. 2d 1126·
M.D. Fla.·
2007-05-16
The court adopted the Magistrate Judge's report and recommendation, denying plaintiffs' motion for partial summary judgment and granting defendant's motion for summary judgment.
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954 So. 2d 681·
Fla. 5th DCA·
2007-04-13
Two firefighters challenged the constitutionality of Florida's statute prohibiting solicitation of public employees during working hours. The trial court rejected their facial constitutional challenges on multiple grounds, and the appellate court affirmed, holding that the statut
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510 F. Supp. 2d 838·
M.D. Fla.·
2007-03-05
The court held that collateral estoppel did not bar the First Amendment claims because the administrative hearing did not resolve identical issues, and that neither party was entitled to summary judgment on the facial constitutionality of the policy.
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429 F. Supp. 2d 1292·
M.D. Fla.·
2006-04-14
The court held that the FTC's interpretation of the Telemarketing Sales Rule's abandoned calls provision, as applied to for-profit telefunders using prerecorded messages for charitable solicitations, is not an unconstitutional restriction on speech and does not exceed the FTC's s
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329 F. Supp. 2d 1294·
M.D. Fla.·
2004-08-04
The court held that requiring a specific intent to further the illegal activities of a foreign terrorist organization is necessary to avoid constitutional concerns regarding personal guilt, vagueness, and freedom of association under 18 U.S.C. § 2339B(a)(1).
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Del. Super. Ct.·
2004-03-09
The court denied the defendants' motion to dismiss the charges. The court found that the Adult Entertainment Establishments Act was not unconstitutionally vague or overbroad, that the prosecution did not violate the Equal Protection Clause, and that the charges were consistent wi
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832 So. 2d 118·
Fla. 2d DCA·
2002-08-16
A juvenile curfew ordinance that is broader in application than comparable ordinances and lacks statistical evidence demonstrating it is precisely tailored to address juvenile crime during curfew hours specifically fails strict scrutiny review and is unconstitutional.
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786 So. 2d 1172·
Fla.·
2001-05-17
The Florida Supreme Court reviews a district court's decision concerning a challenge to a sentence under the Prison Releasee Reoffender Act, approving the decision to the extent it aligns with prior precedent on the Act's constitutionality and application.
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784 So. 2d 403·
Fla.·
2001-02-01
The Florida Supreme Court approved the Fifth District Court of Appeal's decision in Cook v. State, which challenged the Prison Releasee Reoffender Act on multiple constitutional grounds. The Court held that all of Cook's challenges had been previously addressed and rejected in re
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779 So. 2d 319·
Fla. 2d DCA·
1999-09-10
Commercial Clean-Up Enterprises challenged a Lee County waste hauling ordinance that restricted non-franchised haulers from removing construction debris from renovation sites but allowed them to remove debris from new construction sites. The trial court granted summary judgment f
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933 F. Supp. 1047·
M.D. Fla.·
1996-07-05
The court held that the plaintiff's discharge under the 'Old Policy' for admitting homosexual orientation and conduct was constitutionally permissible and did not violate her First or Fifth Amendment rights.
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681 So. 2d 730·
Fla. 2d DCA·
1996-05-24
Wahnetta Shetler was arrested for violating a Polk County ordinance prohibiting public nudity while wearing a T-back bathing suit while selling hot dogs. The court upheld the ordinance, holding that the conduct was subject to governmental regulation and did not receive significan
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647 So. 2d 142·
Fla. 1st DCA·
1994-05-05
Verbal threats made while completely immobilized by restraints constitute insufficient evidence of resisting an officer with violence under Florida Statutes § 843.01 because the defendant lacked the capacity to achieve the threatened result.
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627 So. 2d 120·
Fla. 1st DCA·
1993-12-03
Court affirmed probation revocation but remanded for credit for pre-violation prison time on one count, and rejected constitutional challenges to habitual felony offender sentencing statute.
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984 F.2d 597·
4th Cir.·
1993-01-19
The court affirmed the convictions, holding that RICO's "pattern of racketeering" requirement was not unconstitutionally vague as applied to the appellants' conduct and that sufficient evidence supported Eugene Bennett's conviction for arson resulting in death.
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979 F.2d 970·
4th Cir.·
1992-08-14
The court held that the statute 18 U.S.C. § 641 was not unconstitutionally vague as applied to the defendants' conduct, and that publicity surrounding a related guilty plea did not warrant a mistrial.
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961 F.2d 135·
9th Cir.·
1992-04-03
A request for a Certificate of Probable Cause can serve as a notice of appeal, and a nolo contendere plea bars challenges to pre-plea constitutional violations not related to the plea's voluntariness.
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932 F.2d 701·
8th Cir.·
1991-05-01
The court held that the Iowa kidnapping statute was not unconstitutionally vague as applied, the kidnapping was not incidental to the sexual abuse, the confession was admissible for impeachment, and the life sentence was not disproportionate.
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910 F.2d 479·
8th Cir.·
1990-08-02
The Minnesota fetal disposition law is constitutional, not unconstitutionally vague, and does not infringe on a woman's right to an abortion.
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540 So. 2d 229·
Fla. 5th DCA·
1989-03-23
The court held that a writ of certiorari should not be granted to review a circuit court's reversal of a dismissal of criminal charges based on a statute's alleged unconstitutionality, as this would unduly expand interlocutory appellate review.
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868 F.2d 1199·
10th Cir.·
1989-03-06
The court held that plaintiffs established standing to challenge a New Mexico law regulating the display of material deemed harmful to minors, despite the pre-enforcement nature of the challenge.
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803 F.2d 601·
10th Cir.·
1986-10-17
A conviction under 18 U.S.C. § 1791(a)(2) requires proof that the inmate knowingly made or possessed an object that may be used as a weapon, not necessarily that the inmate intended to use it as a weapon.
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761 F.2d 105·
2d Cir.·
1985-04-30
The court held that the City's zoning and licensing ordinances, as applied to the plaintiff's adult bookstore, were likely unconstitutional due to vagueness, overbreadth, and impermissible prior restraint on First Amendment expression, warranting a preliminary injunction.
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732 F.2d 949·
D.C. Cir.·
1984-04-20
The court held that the district court should abstain from hearing the constitutional claims pending resolution by the D.C. Court of Appeals.
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719 F.2d 129·
5th Cir.·
1983-11-10
The court held that the district court did not abuse its discretion in abstaining from judgment on the constitutionality of the Texas statutes.
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354 So. 2d 116·
Fla. 3d DCA·
1978-01-24
Michael Gorchov challenged his involuntary hospitalization, arguing that the relevant Florida statute was unconstitutional and that the trial court applied the wrong standard of proof. The Florida Supreme Court resolved the constitutional issues in a companion case, leaving only
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563 F.2d 965·
9th Cir.·
1977-10-25
The court held that the trial court did not err in admitting evidence of the appellant's prior association with drug smugglers and dealers, nor was the indictment unconstitutionally vague.
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558 F.2d 394·
8th Cir.·
1977-06-09
The court held that the Iowa juvenile transfer statute, as interpreted by the Iowa Supreme Court, is not unconstitutionally vague because it allows for consideration of specific factors and provides flexibility without permitting arbitrary decisions.
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188 So. 2d 347·
Fla. 1st DCA·
1966-06-30
The State appealed from a trial court's order quashing a grand jury indictment against Burnette for assault with intent to rape. The indictment failed to allege the requisite intent to commit rape, making it insufficient to charge either assault with intent to rape or attempted r
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292 F.2d 702·
4th Cir.·
1961-06-23
A defendant cannot collaterally attack an indictment under Rule 35 for vagueness if the indictment generally discloses the nature of the offense and the defendant failed to raise the issue directly.