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

• Tredwell A. Harrison and M. Gale Harrison v. Brooks
  446 F.2d 404· 1st Cir.· 1971-07-27 ·cited 24×
  The court held that the district court erred in dismissing Counts IX and X for lack of jurisdiction, finding sufficient allegations of purposeful discrimination under 42 U.S.C. § 1985(3) and related jurisdictional statutes.
• Goldsmith v. Major General James W. Sutherland
  426 F.2d 1395· 6th Cir.· 1970-05-28 ·cited 24×
  The court held that the appellant failed to demonstrate that the amount in controversy exceeded $10,000, thus the district court properly dismissed the action for lack of jurisdiction.
• Helmsley v. City OF Detroit
  320 F.2d 476· 6th Cir.· 1963-07-25 ·cited 24×
  The court held that the district court correctly dismissed the complaint for lack of jurisdiction because Michigan law provides a plain, speedy, and efficient remedy for challenging ad valorem tax assessments.
• Lowe v. Manhattan Beach City Sch. Dist. OF LOS Angeles Cnty.
  222 F.2d 258· 9th Cir.· 1955-04-19 ·cited 24×
  The court held that the district court erred in dismissing the action for lack of jurisdiction, as a claim arising under the Fourteenth Amendment provides a basis for federal question jurisdiction.
• Scholz v. RDV Sports, Inc.
  710 So. 2d 618· Fla. 5th DCA· 1998-03-27 ·cited 23×
  George Scholz appealed a judgment in favor of the Orlando Magic on his Title VII discrimination claims. The court affirmed summary judgment dismissing his retaliation claim but reversed directed verdicts on his wrongful discharge, failure to contract, and defamation claims, findi
• Guadamuz v. Bowen
  859 F.2d 762· 9th Cir.· 1988-10-18 ·cited 23×
  The court held that the district court erred by not deferring to the Secretary's interpretation of attorneys' fees provisions and associated procedures, finding them to be within the Secretary's discretion and not contrary to statute or the APA.
• Doctor Nui Loa Price v. State OF Haw.
  764 F.2d 623· 9th Cir.· 1985-06-25 ·cited 23×
  The court held that the Hou Hawaiians do not qualify for jurisdiction under 28 U.S.C. § 1362 because they are not a federally recognized tribe, but federal question jurisdiction under 28 U.S.C. § 1331 exists due to the federal-state compact. However, claims against the State are
• Harold H. Gordon and the Estate of Louis P. Begin v. City OF Warren
  579 F.2d 386· 6th Cir.· 1978-06-26 ·cited 23×
  A direct cause of action exists against municipalities to recover damages for a taking of private property for public use without just compensation, and the statute of limitations does not begin to run until the controversy over the taking is resolved.
• Rincon Band OF Mission Indians v. Cnty. OF SAN Diego & J. C. O'Connor
  495 F.2d 1· 9th Cir.· 1974-03-18 ·cited 23×
  The court held that a general threat of enforcement, without a history of prosecution or specific immediacy, is insufficient to establish a justiciable case or controversy under Article III of the Constitution and the Declaratory Judgment Act. The court also found that a party ca
• Johnson v. Hood
  430 F.2d 610· 5th Cir.· 1970-08-03 ·cited 23×
  The federal court system lacks jurisdiction over claims challenging state election results based on allegations of arbitrary ballot rejection.
• Port Auth. Bondholders Protective Comm. v. Port OF NEW York Auth.
  387 F.2d 259· 2d Cir.· 1967-11-17 ·cited 23×
  The court held that the plaintiffs' claim of federal question jurisdiction was unsubstantial because the Supreme Court had previously dismissed a substantially identical claim for want of a substantial federal question.
• Ayuda, Inc. v. Thornburgh
  948 F.2d 742· D.C. Cir.· 1991-11-05 ·cited 22×
  The court held that the district court lacked subject matter jurisdiction to hear claims challenging the INS' administration of IRCA, as such challenges must be brought through the statutory administrative and judicial review process, typically in the courts of appeals.
• O'Quinn v. Manuel
  773 F.2d 605· 5th Cir.· 1985-08-05 ·cited 22×
  The court held that the district court erred in dismissing the complaint for failure to state a claim, as the plaintiff's allegations, if true, could establish a violation of his constitutional rights. However, the dismissal for failure to state a claim is affirmed, but the case
• S. DELTA Water Agency v. United States
  767 F.2d 531· 9th Cir.· 1985-07-26 ·cited 22×
  The court held that the Administrative Procedure Act (APA) waives sovereign immunity for suits seeking relief other than money damages, and that 28 U.S.C. § 1331 provides jurisdiction for such claims, even if the McCarran Amendment does not apply.
• Amen v. City OF Dearborn
  718 F.2d 789· 6th Cir.· 1983-10-06 ·cited 22×
  The court held that the district court properly found subject-matter jurisdiction under the amended 28 U.S.C. § 1331 and that the City's conduct constituted a taking of private property without just compensation, but reversed the finding that acquisitions lacked a public purpose.
• Linn v. Chivatero
  714 F.2d 1278· 5th Cir.· 1983-09-19 ·cited 22×
  The court held that the district court erred in dismissing for lack of jurisdiction, and that the Anti-Injunction Act does not bar the taxpayer's claim under the Enochs exception.
• Gen. Fin. Corp. v. Fed. Trade Comm'n
  700 F.2d 366· 7th Cir.· 1983-02-10 ·cited 22×
  A suit to enjoin an FTC investigation is premature and barred if a specific statutory method for judicial review, such as subpoena enforcement, exists and is adequate.
• Americana Healthcare Corp. v. Schweiker
  688 F.2d 1072· 7th Cir.· 1982-08-18 ·cited 22×
  The court held that the district courts lacked subject matter jurisdiction because the plaintiffs failed to exhaust administrative remedies and obtain a final decision from the Secretary, as required by 42 U.S.C. § 405(g).
• A. L. Rowan & SON v. Dep't OF Hous. & Urban Dev.
  611 F.2d 997· 5th Cir.· 1980-02-13 ·cited 22×
  The court held that a contract claim exceeding $10,000 must be transferred to the Court of Claims, and that related unjust enrichment claims arising from the same transaction should also be transferred in the interest of justice.
• Nat'l Treas. Emps. Union v. Campbell
  589 F.2d 669· D.C. Cir.· 1978-11-14 ·cited 22×·via 28 U.S.C. § 1331(A)
  The court held that the district court erred in dismissing claims for lack of jurisdiction and that the Federal Employees Health Benefits Act, specifically 5 U.S.C. § 8912, provides jurisdiction for suits challenging rates negotiated under the Act. It also held that summary judgm
• Mrs. Marie Green v. Carlson
  581 F.2d 669· 7th Cir.· 1978-08-03 ·cited 22×
  A claim against federal officials for damages based on alleged constitutional violations resulting in death survives for the benefit of the decedent's estate, and is governed by federal common law, not state survival statutes.
• Lewis v. D. C. Dep't of Corr.
  533 F.2d 710· D.C. Cir.· 1976-04-08 ·cited 22×
  The district court erred in dismissing pro se petitions for lack of jurisdiction, as the allegations were sufficient to state a colorable claim for constitutional tort.
• Grant v. Hogan
  505 F.2d 1220· 3d Cir.· 1974-11-20 ·cited 22×
  A federal prisoner must first pursue remedies under the Interstate Agreement on Detainers before seeking relief from a state detainer in federal court.
• Junior Chamber OF Commerce OF Rochester, Inc. v. The United States Jaycees
  495 F.2d 883· 10th Cir.· 1974-04-16 ·cited 22×
  The court held that the United States Jaycees' discriminatory membership policies, despite receiving federal funds and tax exemptions, do not constitute state or federal action sufficient to violate constitutional rights or civil rights statutes.
• Hines v. Cenla Cmty. Action Comm., Inc.
  474 F.2d 1052· 5th Cir.· 1973-02-06 ·cited 22×
• Captain Douglas Bruce McGAW v. Colonel A. Allen Farrow
  472 F.2d 952· 4th Cir.· 1973-01-15 ·cited 22×
  The court held that the district court properly dismissed the action for lack of federal question jurisdiction and failure to exhaust administrative remedies.
• Ehrlich v. VAN Epps
  428 F.2d 363· 7th Cir.· 1970-06-22 ·cited 22×
  The court held that the district court correctly determined it lacked diversity jurisdiction and properly denied the motion for appointed counsel.
• Taylor v. Cohen
  405 F.2d 277· 4th Cir.· 1968-12-05 ·cited 22×
  Judicial intervention is premature when HEW has only taken intermediate steps in administrative proceedings to terminate federal funding, and sovereign immunity bars suits against officials acting within their statutory authority.
• Ream v. Handley
  359 F.2d 728· 7th Cir.· 1966-04-20 ·cited 22×
  The court held that the district court correctly dismissed the case for lack of subject matter jurisdiction, as no genuine federal question or civil rights claim was presented.
• Anderson v. United States & The Veterans Admin.
  229 F.2d 675· 5th Cir.· 1956-02-10 ·cited 22×
  The court held that the United States cannot be sued for a declaratory judgment regarding condemned land without its consent, and the Declaratory Judgments Act does not provide such consent.
• LEE v. Mihalich
  847 F.2d 66· 3d Cir.· 1988-05-17 ·cited 21×
  The investigators are entitled to qualified immunity because the governing law regarding the statute of limitations was unclear at the time of their actions, and they relied on the advice of counsel.
• Sullivan v. First Affiliated Sec., Inc.
  813 F.2d 1368· 9th Cir.· 1987-04-01 ·cited 21×
  The court held that the 'artful pleading' doctrine, as applied in Moitie, is limited to situations where a state claim is filed to circumvent the res judicata effect of a prior federal judgment.
• Silverman v. Barry
  727 F.2d 1121· D.C. Cir.· 1984-02-07 ·cited 21×
  The court held that the district court erred in dismissing the complaint for want of jurisdiction, finding that the appellants had presented substantial constitutional questions sufficient to establish federal jurisdiction.
• REX v. CIA. Pervana de Vapores
  660 F.2d 61· 3d Cir.· 1981-09-17 ·cited 21×
  The Foreign Sovereign Immunities Act (FSIA) is unconstitutional insofar as it denies plaintiffs a jury trial in actions against foreign state-owned corporations engaged in commercial activities.
• Pinneke v. Preisser
  623 F.2d 546· 8th Cir.· 1980-06-27 ·cited 21×
  A state's Medicaid plan cannot arbitrarily deny coverage for sex reassignment surgery when it is the only medically necessary treatment for transsexualism, as this violates federal law and the Supremacy Clause.
• Bush v. State Indus., Inc.
  599 F.2d 780· 6th Cir.· 1979-06-15 ·cited 21×
  The court held that the district court had subject matter jurisdiction and that a subsequent amendment to the FLSA, providing an express private right of action for retaliatory discharge, applied to the pending case, mooting the issue of an implied right of action.
• Cale v. The City OF Covington
  586 F.2d 311· 4th Cir.· 1978-11-03 ·cited 21×
  The court held that there is no implied cause of action for damages against a municipality under the Fourteenth Amendment, even with federal question jurisdiction, for the acts of its employees.
• Self v. Gen. Motors Corp.
  588 F.2d 655· 9th Cir.· 1978-03-30 ·cited 21×
  The dissent argues that the voluntary-involuntary rule should not preclude removal when the elimination of the resident defendant is final and no duplication of state proceedings would occur.
• Rodriguez v. Ritchey
  539 F.2d 394· 5th Cir.· 1976-09-22 ·cited 21×·via 28 U.S.C. § 1331(A)
  The court held that a federal law enforcement officer participating in a criminal investigation culminating in a lawful indictment and arrest cannot be held liable for damages if the indictment is later dismissed, absent a constitutional violation or federal common law claim.
• T.J. Kennedy v. Conn. Gen. Life Ins. Co.
  924 F.2d 698· 7th Cir.· 1991-02-07 ·cited 20×
  A medical provider who waives a patient's co-payment cannot recover from the insurer because the waiver relieves the patient of a legally required payment, thus violating a policy exclusion.
• C.H. Sanders Co., Inc. v. Bhap Hous. Dev. Fund Co., Inc.
  903 F.2d 114· 2d Cir.· 1990-05-08 ·cited 20×
  The court held that the district court possessed federal question jurisdiction over Sanders' claim for enforcement of an arbitration award against HUD, and that HUD had waived sovereign immunity. The court also affirmed the district court's decision allowing Sanders to foreclose
• Amisub (PSL), Inc. v. The State OF Colo. Dep't OF Soc. Servs.
  879 F.2d 789· 10th Cir.· 1989-07-11 ·cited 20×
  The court held that Colorado's Medicaid reimbursement rates violated federal law both procedurally and substantively, and that Medicaid providers have enforceable rights under 42 U.S.C. § 1983.
• In re Bendectin Litigation. Sarah Ann Hoffman v. Merrell DOW Pharms., Inc.
  857 F.2d 290· 6th Cir.· 1988-08-30 ·cited 20×
  The court held that the district court's exclusion of certain plaintiffs from the courtroom without a hearing violated their due process rights, and that the case law establishing the requirement for such hearings should apply retroactively.
• Payne Enters., Inc. v. United States
  837 F.2d 486· D.C. Cir.· 1988-01-19 ·cited 20×
• de Arroyo v. Barcelo
  765 F.2d 275· 1st Cir.· 1985-06-26 ·cited 20×
  Plaintiffs who achieve a significant benefit through their lawsuit, even without a formal judgment or settlement, can be considered prevailing parties for attorney's fees under 42 U.S.C. § 1988 if the suit acted as a catalyst for the defendants' actions.
• Selwyn A. Robinson v. Ariyoshi
  753 F.2d 1468· 9th Cir.· 1985-02-20 ·cited 20×
  A state cannot divest vested property rights through a judicial decision without just compensation, even if the decision changes established law.
• Brockell v. Norton
  688 F.2d 588· 8th Cir.· 1982-09-22 ·cited 20×
  The court held that the plaintiff did not have a constitutionally protected property interest in his employment and that private threats made by the mayor did not violate his liberty interest. However, the court remanded for a determination of his First Amendment claim regarding
• Russell v. Atl. & Gulf Stevedores
  625 F.2d 71· 5th Cir.· 1980-08-29 ·cited 20×
  The court held that the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act did not create a new cause of action for negligence, and therefore, there is no right to a jury trial in this case.
• Kuhn v. Nat'l Ass'n OF Letter Carriers
  570 F.2d 757· 8th Cir.· 1978-02-15 ·cited 20×
  The court held that Executive Orders 10988 and 11491 are not 'laws of the United States' for purposes of 28 U.S.C. § 1331, and therefore the district court lacked subject matter jurisdiction over the federal claim, precluding it from exercising pendent jurisdiction over the state
• Greklek v. Toia
  565 F.2d 1259· 2d Cir.· 1977-11-28 ·cited 20×
  The court held that the state's disparate treatment of 'medically needy' persons compared to AFDC applicants regarding work expense deductions violates federal law and the Equal Protection Clause.