Injunctions

Damian & Valori LLP has significant experience obtaining and dissolving injunctions. An injunction is a form of extraordinary relief under which a court order either prohibits a party from acting or compels a party to perform an act or acts. Injunctions are frequently of an emergency nature and often arise in cases involving corporations and corporate property, restrictive covenants with employees, trade secrets, trademark enforcement, and real estate. Peter Valori is the author of the injunctions chapter in the Florida Bar Business Law Section’s Business Litigation Manual.  Mr. Valori and Ms. Damian have litigated injunction cases and obtained injunctions and dissolution of injunctions on many occasions including in the cases described below.

Representative Cases

Kraft Foods Global, Inc. and Kraft Foods Holdings, Inc. v. Global Beverage Enterprises, Inc., Case No. 07-cv-60206 (FAM), United States District Court, Southern District of Florida, Miami Division

Ingenicard US, Inc. v. Juan Valamana, Case No. 11-25195 CA 27, Eleventh Judicial Circuit in and for Miami Dade County (representation of founder of cash card services company defending against claims of misappropriation).

John R. Dylewski, M.D., P.A. d/b/a Arrhythmia Management Institute of South Florida v. James D. Davenport, M.D., Case No.  07-18126, Eleventh Judicial Circuit in and for Miami Dade County (representation of medical practice in enforcing non-solicitation agreement).

Construct Corp., LLC v. Balance Staffing, et al., Case No. 08-CA-023111-B, Thirteenth Judicial Circuit in and for Hillsborough County (representation of temporary staffing service in defending claims seeking injunction regarding employment of former employees of competitor).

Atlantic Biologicals Corp. v. Kurt Sager, Case No. 10-45624 CA 30, Eleventh Judicial Circuit in and for Miami Dade County (representation of pharmaceutical sales company against former employee seeking enforcement of non-solicitation agreement).

Casa Caribe Development Corp. v. R. Fulton McDonald, Laura Boswell, et al., Case No. 05-07189 CA 09, Eleventh Judicial Circuit in and for Miami Dade County (representation of corporation against former officer and director who committed fraud and misappropriation).

Eric Girardin, B&G Group, LLC et al. v. TRG Harbour House, LTD., Case No. 07-08601 CA 40, Eleventh Judicial Circuit in and for Miami Dade County (representation of condominium purchasers in claims to enjoin sale of units or seek return of deposits).

Jennifer Feinstein v. Eric Feinstein and Robert Feinstein, Case No. 07-CVD10408, In the General Court of Justice, Superior Court, County of Wake, North Carolina (representation of minority owner of temporary staffing services company in seeking to enforce corporate split agreement and dissolve injunction in related divorce case).

Robert Feinstein v.  Eric Feinstein, Carroll Reynolds and EJ Services, Inc., Case No. 11-07712 CA 13, Eleventh Judicial Circuit in and for Miami Dade County (representation of minority owner of temporary staffing services company in seeking to enforce corporate split agreement).

Comprehensive Care Corp. v. Jerry Katzman and Margaret "Peggy" Husted, Case No. 8:10-cv-942-T-27TGW, United States District Court, Middle District of Florida, Tampa Division (representation of fiancée of co-founder of company in defending claims that stock was issued without consideration).

Love Life v. Love Life Collection, Case No. 09-11280 CA 40, Eleventh Judicial Circuit in and for Miami Dade County (representation of licensor of intellectual property relating to dress patterns against licensee to enforce license agreement).

Alejandro "Alex" Omes v. Ultra Enterprises, Inc. et al., Case No. 11-01775 CA 21, Eleventh Judicial Circuit in and for Miami Dade County (representation of corporate entities in claims for document inspection and defense of motion for receivership).

BeyondROI, LLC v. Seth Dillon, Case No. CACE-09-011649-21, Seventeeth Judicial Circuit in and for Broward County (representation of corporation in enforcement of non-solicitation agreement and regarding trade secret rights against former employee).

Dippin' Dots, Inc. v. Concessions a La Mode, Inc., Frosty Bites Distributor of Florida, Inc., Frosty Bites Retail of Florida, Inc. and F. Robert Esty, Jr., Case No. 00-1981-CIV-HUCK, United States District Court, Southern District of Florida (representation of former retail seller in claims brought against him by a distributor alleging violation a non-compete agreement, trademark infringement, and misappropriation of trade secrets).

Suncoast Title of Wellington, Inc. v. Judy Carpenter and International Title Solutions, LLC, Case No. 05-CA-3548 AG, Fifthteenth Judicial Circuit in and for Miami Dade County (defended former employee in injunction proceeding).

Lawyers Title Insurance Corporation v. Julie Kniskern, Case No. 04-24333 CA 25, Eleventh Judicial Circuit in and for Miami Dade County (defended former employee in injunction proceeding).

VOIP Services, Inc. v. Christian F. Ibarra, Case No. 07-08853 CA 40, Eleventh Judicial Circuit in and for Miami Dade County (represented company obtained an injunction against former employee based on breach of fiduciary duty and theft of trade secret).

E.J. Services, Inc. v. Juanita Medrano, Case No. 06-12908 CA 21, Eleventh Judicial Circuit in and for Miami Dade County  (represented company obtained an injunction against former employee)