28 U.S.C. § 1331

1,242 Florida cases classified under this topic, plus 85 listed through its narrower topics · sorted by citation count · browse and sort

• Benjamins v. British European Airways
  572 F.2d 913· 2d Cir.· 1978-03-06 ·cited 47×
  The dissenting judge argues that Article 17 of the Warsaw Convention does not create a cause of action for wrongful death, but rather a presumption of liability that is conditioned by local law.
• Jacobson v. Tahoe Reg'l Planning Agency
  566 F.2d 1353· 9th Cir.· 1977-12-21 ·cited 47×
  The court held that while a cause of action for inverse condemnation against the TRPA fails due to lack of condemnation authority, a due process claim under the Fifth Amendment is stated. The TRPA is immune from suit under the Eleventh Amendment unless immunity is waived, and off
• The State OF Wash. v. The Am. League OF Prof'l Baseball Clubs
  460 F.2d 654· 9th Cir.· 1972-04-07 ·cited 47×·via 28 U.S.C. § 1331(A)
  The court held that a case removed to federal court based on federal antitrust claims, which are exclusively within federal jurisdiction, must be remanded to state court if the state court lacked subject matter jurisdiction, even if the federal court would have had original juris
• The Agua Caliente Band OF Mission Indians v. The Cnty. OF Riverside
  442 F.2d 1184· 9th Cir.· 1971-05-12 ·cited 47×
  The court held that a state possessory interest tax on Indian trust lands is valid, distinguishing it from a tax on the land itself and finding no implied legislative immunization.
• Rosado v. Wyman
  414 F.2d 170· 2d Cir.· 1969-07-16 ·cited 47×
  The court concurred that the district court abused its discretion in rendering judgment on the pendent statutory claim, finding it more appropriate for initial resolution by the relevant federal agency.
• Desai v. Tire Kingdom, Inc.
  944 F. Supp. 876· M.D. Fla.· 1996-10-30 ·cited 46×
  The court held that the plaintiff's complaint sufficiently stated claims under the ADA and Florida Human Rights Act, and that administrative remedies were properly exhausted, thus denying the defendant's motion to dismiss.
• Stock W., Inc. v. Confederated Tribes OF THE Colville Reservation
  873 F.2d 1221· 9th Cir.· 1989-04-20 ·cited 46×
  The Ninth Circuit held that the district court correctly found diversity jurisdiction but erred in dismissing the case on comity grounds without requiring exhaustion of tribal remedies.
• Cervoni v. Secretary OF Health
  581 F.2d 1010· 1st Cir.· 1978-06-27 ·cited 46×
  The court held that the district court correctly dismissed the claim for lack of subject matter jurisdiction because the plaintiff physician did not possess a protected property interest in continued reimbursement under Part B of the Medicare Act and therefore had no colorable du
• Amen v. City OF Dearborn
  532 F.2d 554· 6th Cir.· 1976-03-24 ·cited 46×
  The court held that the district court erred in finding jurisdiction under 28 U.S.C. § 1331 because the plaintiffs failed to establish that each class member met the $10,000 amount in controversy requirement, and the district court overlooked the defendant's denial of this allega
• Anton E. Sperling v. United States
  515 F.2d 465· 3d Cir.· 1975-05-02 ·cited 46×
  The court held that Section 717 of the Equal Employment Opportunity Act of 1972 applies retroactively to cases pending administrative review at its enactment, and that federal employees are entitled to a de novo trial in district court, not merely review of the administrative rec
• Opelika Nursing Home, Inc. v. Elliott L. Richardson
  448 F.2d 658· 5th Cir.· 1971-09-16 ·cited 46×
  The court held that the trial court erred in dismissing the case for lack of subject matter jurisdiction based solely on the pleadings, without allowing the plaintiffs an opportunity to present evidence to support their jurisdictional claim.
• Lon C. Sigafus v. Sheriff Herald D. Brown
  416 F.2d 105· 7th Cir.· 1969-08-04 ·cited 46×·via 28 U.S.C. § 1331(A)
  The court held that a pro se complaint alleging destruction of legal papers necessary for a post-conviction hearing, which frustrates access to the courts, states a claim under the Civil Rights Act and should not be dismissed for lack of federal jurisdiction.
• Graf v. Elgin
  697 F.2d 771· 7th Cir.· 1983-01-07 ·cited 45×
  The court held that a union's duty of fair representation under the Railway Labor Act is breached only by deliberate and unjustifiable refusal to represent, not mere negligence. Federal jurisdiction exists for claims arising under federal common law concerning collective bargaini
• David D. Daly, M.D., Ph.D. v. Charles C. Sprague, M.D.
  675 F.2d 716· 5th Cir.· 1982-05-14 ·cited 45×
  The court held that the district court improperly granted summary judgment on the First Amendment claim because it failed to consider it, remanding for that purpose. However, it affirmed summary judgment on the Fourteenth Amendment claims, finding the plaintiff failed to establis
• Emrich v. Touche Ross & Co.
  846 F.2d 1190· 9th Cir.· 1988-05-16 ·cited 44×
  The court held that the district court properly dismissed claims under the Securities Exchange Act of 1934 but erred in dismissing claims under the Securities Act of 1933 and the RICO and state law claims, which should be remanded for further proceedings on statutes of limitation
• City OF LAS Vegas v. Clark Cnty.
  755 F.2d 697· 9th Cir.· 1984-12-11 ·cited 44×
  The court held that the City's claims under the Clean Water Act and for due process violations were properly dismissed for lack of jurisdiction, and the claim under the Consent Decree failed to state a claim upon which relief could be granted.
• First Jersey Sec., Inc. v. Bergen
  605 F.2d 690· 3d Cir.· 1979-08-29 ·cited 44×
  The court held that the district court lacked subject matter jurisdiction because the petitioner failed to exhaust administrative remedies, and therefore, mandamus is appropriate to compel dismissal.
• Lieutenant Alice C. Cook v. Rear Admiral Williard P. Arentzen
  582 F.2d 870· 4th Cir.· 1978-09-19 ·cited 44×
  The district court lacked jurisdiction over the plaintiff's claims because the monetary relief sought exceeded $10,000, and the Court of Claims has exclusive jurisdiction over such claims. Therefore, the case must be transferred to the Court of Claims.
• Kite v. Kelley
  546 F.2d 334· 10th Cir.· 1976-11-29 ·cited 44×
  Federal officers cannot be held monetarily liable for a subordinate's misconduct absent an affirmative link showing their participation or acquiescence in the constitutional deprivation.
• Smith v. Grimm
  534 F.2d 1346· 9th Cir.· 1976-04-13 ·cited 44×·via 28 U.S.C. § 1331(A)
  The court held that there was no valid federal jurisdictional basis for the lawsuit, as the dispute was primarily a state law contract issue and not a substantial federal question or a proper case for mandamus.
• Shakman v. The Democratic Org. OF Cook Cnty.
  435 F.2d 267· 7th Cir.· 1970-10-23 ·cited 44×
  The court held that the case presents a nonjusticiable political question, inappropriate for judicial consideration.
• Skolnick v. Martin
  317 F.2d 855· 7th Cir.· 1963-05-07 ·cited 44×
  The court held that attorneys acting in private state court litigation are not acting under color of state law for purposes of the Federal Civil Rights Acts, and thus federal courts lack jurisdiction to review such proceedings.
• Strachman v. Palmer
  177 F.2d 427· 1st Cir.· 1949-10-26 ·cited 44×
  A federal court has jurisdiction over the entire case, including common law claims, if the federal claim is substantial and the parties implicitly consent to litigate all issues.
• Harriett Duet Kirk v. Alwynn J. Cronvich
  629 F.2d 404· 5th Cir.· 1980-10-27 ·cited 43×
  The court held that the amended complaint adding the sheriff related back to the original filing under Fed.R.Civ.P. 15(c), thus avoiding the statute of limitations defense.
• Esquire, Inc. v. Ringer
  591 F.2d 796· D.C. Cir.· 1978-08-14 ·cited 43×
  The court holds that the Copyright Act and its regulations preclude registration of designs where the sole intrinsic function is utility, and that administrative denial of registration in this case was not an abuse of discretion.
• Stapp v. Avoyelles Parish Sch. Bd.
  545 F.2d 527· 5th Cir.· 1977-01-17 ·cited 43×
  The dissenting judge holds that a letter of intent from a superintendent does not create a property interest in re-employment protected by due process under Louisiana law.
• McKEEL v. The Islamic Republic OF Iran & the United States
  722 F.2d 582· 9th Cir.· 1983-12-30 ·cited 42×
  The court held that federal question and diversity jurisdiction do not apply to suits against foreign states, and the Foreign Sovereign Immunities Act (FSIA) does not waive Iran's immunity for tortious acts occurring outside the United States.
• Wright v. State OF Tenn.
  628 F.2d 949· 6th Cir.· 1980-08-11 ·cited 42×·via 28 U.S.C. § 1331(A)
  The Sixth Circuit en banc held that the 180-day notice requirement under the ADEA is not a jurisdictional prerequisite, allowing for equitable tolling, and overruled prior precedent to the contrary.
• Gerard and Gemma Brault v. Town OF Milton
  527 F.2d 730· 2d Cir.· 1975-02-24 ·cited 42×·via 28 U.S.C. § 1331(A)
• Duncan v. Nelson
  466 F.2d 939· 7th Cir.· 1972-03-29 ·cited 42×
  The court held that while a plaintiff cannot recover damages for conviction and incarceration resulting from an improperly admitted involuntary confession, they may still pursue a claim for harm suffered due to the unlawful interrogation itself.
• Stanturf v. Sipes
  335 F.2d 224· 8th Cir.· 1964-08-11 ·cited 42×
  The court held that the plaintiff's complaint, alleging denial of admission to a hospital participating in the Hill-Burton program, failed to state a federal question sufficient to establish federal court jurisdiction.
• Walker v. Bank OF Am. Nat'l Tr. & Sav. Ass'n
  268 F.2d 16· 9th Cir.· 1959-05-22 ·cited 42×
  The court held that the district court did not err in dismissing the action for lack of jurisdiction, and that the denial of the motion to alter the dismissal order was not an abuse of discretion because the proposed amended complaint was barred by the statute of limitations.
• Trans-Bay Eng'rs & Builders, Inc. v. Hills
  D.D.C.· 1976-12-30 ·cited 41×·via 28 U.S.C. § 1331(A)
  The court held that Trans-Bay is conditionally entitled to recover retained construction funds under equitable doctrines, reversing summary judgment for HUD and Advance.
• Davis v. Howard
  561 F.2d 565· 5th Cir.· 1977-10-17 ·cited 40×
  The court held that the trial court erred by converting a Rule 12(b)(6) motion to dismiss into a summary judgment motion without providing adequate notice and opportunity for the parties to present evidence.
• Judge v. City OF Buffalo
  524 F.2d 1321· 2d Cir.· 1975-10-24 ·cited 40×
  The court held that summary judgment was improperly granted because genuine issues of material fact remain regarding whether the plaintiff was denied promotion due to height or failure to pass an agility test.
• Bradford Audio Corp. v. Pious
  392 F.2d 67· 2d Cir.· 1968-03-29 ·cited 40×·via 28 U.S.C. § 1331(A)
  A court-appointed receiver, acting under a facially valid court order, is immune from liability for seizing property as directed by that order, and a claim for seizure of property rights does not fall under 42 U.S.C. § 1983.
• Moore v. Warwick Pub. Sch. Dist. NO. 29
  794 F.2d 322· 8th Cir.· 1986-06-13 ·cited 39×
  The court held that the district court erred in dismissing the section 504 claim and in sua sponte granting summary judgment on the section 1983 due process claims.
• Reeves v. City OF Jackson
  532 F.2d 491· 5th Cir.· 1976-06-01 ·cited 39×
  The court held that the plaintiff's complaint, alleging false arrest, false imprisonment, and failure to provide medical care, stated tenable claims under federal and state law, and should not have been dismissed at the pleading stage.
• Littell v. Nakai
  344 F.2d 486· 9th Cir.· 1965-04-16 ·cited 39×
  The court held that the federal district court lacked jurisdiction because the dispute involved the internal affairs of the Navajo Tribe, which fall under the exclusive jurisdiction of the Navajo Tribal Court.
• In re Mexico City Aircrash OF October 31 v. W. Airlines, Inc.
  708 F.2d 400· 9th Cir.· 1983-05-24 ·cited 38×
  The court held that the Federal Aviation Act does not create an implied private right of action for damages, but the Warsaw Convention does create an independent cause of action for wrongful death. The dismissal of claims for one decedent was reversed due to genuine issues of mat
• People OF the State OF Ill. v. Gen. Elec. Co. & S. Cal. Edison Co.
  683 F.2d 206· 7th Cir.· 1982-07-13 ·cited 38×
  The court held that the Illinois Spent Fuel Act violates the Commerce Clause by discriminating against interstate commerce and that federal jurisdiction was proper. The court also found that removal of the state court action was improper.
• Ramey Constr. Co., Inc. v. The Apache Tribe OF the Mescalero Reservation
  673 F.2d 315· 10th Cir.· 1982-03-22 ·cited 38×
  The court held that the Mescalero Apache Tribe is immune from suit due to sovereign immunity and that Boyle Engineering Corporation is not liable for negligence or misrepresentation claims. The court affirmed the district court's judgment.
• McCULLOCH v. Glasgow
  620 F.2d 47· 5th Cir.· 1980-06-23 ·cited 38×
  The court held that the state claim damages award was improper due to erroneous jury instructions regarding adverse possession against a municipality, and the federal due process claim damages award was also improper due to uncertainty in the jury's findings regarding actual vers
• Marcus Garvey Square, Inc. v. Winston Burnett Constr. Co. OF Cal., Inc.
  595 F.2d 1126· 9th Cir.· 1979-01-18 ·cited 38×
  The dissenting judge would find that jurisdiction existed and the general contractor is entitled to recover contractually retained percentages and unpaid progress payments.
• Herrmann v. Moore
  576 F.2d 453· 2d Cir.· 1978-05-10 ·cited 38×
  The court held that the plaintiff failed to demonstrate that the defendants acted under color of state law to deprive him of constitutional rights, or that they conspired with the requisite discriminatory animus for § 1985 claims.
• Gentile v. Wallen
  562 F.2d 193· 2d Cir.· 1977-09-15 ·cited 38×
  A school board can be sued directly under the Fourteenth Amendment for alleged due process violations, and a teacher's claim of stigmatization requires the information to be both false and publicly disseminated by the entity.
• Mobil OIL Corp. v. Kelley
  493 F.2d 784· 5th Cir.· 1974-05-06 ·cited 38×
  The court held that the district court had federal question jurisdiction over the claims against state officials, and thus pendent jurisdiction over related state law claims, affirming the district court's decision.
• Nat'l Land & Inv. Co. v. Arlen Specter
  428 F.2d 91· 3d Cir.· 1970-06-25 ·cited 38×
  The court affirmed the district court's order denying a preliminary injunction because the plaintiffs failed to establish the necessary prerequisites.
• Kerr v. City OF Chicago
  424 F.2d 1134· 7th Cir.· 1970-03-11 ·cited 38×
  The court held that the district court erred in striking allegations and refusing evidence regarding the plaintiff's involuntary confession and illegal detention, and in refusing several jury instructions. However, the dismissal of the City of Chicago was affirmed.
• The Republic OF the Philippines v. Ferdinand E. Marcos
  806 F.2d 344· 2d Cir.· 1986-11-26 ·cited 37×
  The court held that the district court properly granted a preliminary injunction because there was sufficient evidence to support probable ownership by the Marcoses and federal question jurisdiction existed due to the foreign policy implications of the case.