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

• Harary v. Blumenthal
  555 F.2d 1113· 2d Cir.· 1977-05-19 ·cited 20×·via 28 U.S.C. § 1331(A)
  An acquittal in a criminal trial does not collaterally estop a subsequent administrative disbarment proceeding due to differing standards of proof, and misrepresenting fees to a client violates IRS regulations.
• Hill v. Trs. OF Ind. Univ.
  537 F.2d 248· 7th Cir.· 1976-04-05 ·cited 20×
• Natherlean G. Kelly v. W. Baton Rouge Parish Sch. Bd.
  517 F.2d 194· 5th Cir.· 1975-08-07 ·cited 20×
  The court held that while the district court correctly dismissed for lack of jurisdiction, it erred in denying plaintiffs' claim for recall rights under desegregation orders.
• Jaroslav Sedivy v. Elliot L. Richardson
  485 F.2d 1115· 3d Cir.· 1973-09-26 ·cited 20×
  The court concurred with the result but expressed concern that the jurisdictional amount requirement of 28 U.S.C. § 1331 was not met, suggesting this issue requires further consideration.
• Ronica R. Weigand v. Afton View Apts.
  473 F.2d 545· 8th Cir.· 1973-02-15 ·cited 20×
  The court held that a state tax break for federally funded housing, without more, does not constitute state action sufficient for a federal civil rights claim. It also held that the district court did not abuse its discretion in denying leave to amend the complaint.
• Nehemiah Mungin v. Fla. E. Coast Ry. Co.
  416 F.2d 1169· 5th Cir.· 1969-09-22 ·cited 20×
  The court held that a suit by individual employees for monetary damages, arising from a carrier's unilateral changes to rates of pay, rules, or working conditions in violation of the Railway Labor Act, falls within federal court jurisdiction and is not subject to dismissal for fa
• Johnson v. Mueller
  415 F.2d 354· 4th Cir.· 1969-08-29 ·cited 20×
  The court held that the district court erred in dismissing the pro se plaintiff's complaints for lack of jurisdiction without considering whether they stated a claim under the Civil Rights Act of 1871.
• Paynes v. LEE
  377 F.2d 61· 5th Cir.· 1967-05-02 ·cited 20×
  The court held that federal jurisdiction was properly invoked under 42 U.S.C.A. § 1985(3) for a claim of intimidation and threats to prevent voter registration due to race, and it was error to dismiss the action.
• Giancana v. Marlin W. Johnson
  335 F.2d 366· 7th Cir.· 1964-06-30 ·cited 20×
  The district court lacked jurisdiction because the plaintiff failed to allege or demonstrate that the amount in controversy exceeded the statutory minimum, and also failed to identify a specific Act of Congress for the civil rights claim.
• Chance v. Cnty. Bd. OF Sch. Trs. OF McHENRY Cnty.
  332 F.2d 971· 7th Cir.· 1964-06-10 ·cited 20×
  The district court's dismissal of the action for lack of jurisdiction was proper.
• Fla. E. Coast Ry. Co. v. Jacksonville Terminal Co.
  328 F.2d 720· 5th Cir.· 1964-03-04 ·cited 20×
  A federal court has jurisdiction to construe a contract between carriers that was authorized by the Interstate Commerce Commission, even if the dispute involves state law defenses.
• Beistline v. City OF SAN Diego & Gen. Dynamics Corp.
  256 F.2d 421· 9th Cir.· 1958-06-03 ·cited 20×
  The court held that the federal court lacked jurisdiction because the plaintiff's claims did not present a substantial federal question, and any claims of fraud or duress should be pursued in state court.
• Garcia v. Santa Maria Resort, Inc.
  528 F. Supp. 2d 1283· S.D. Fla.· 2007-11-15 ·cited 19×
  The court held that the plaintiffs' claims failed to meet the heightened pleading standards for securities fraud and general plausibility, and were also barred by the statute of limitations and the bespeaks caution doctrine.
• Bennie Harris v. Birmingham Bd. OF Educ.
  817 F.2d 1525· 11th Cir.· 1987-06-01 ·cited 19×
  The court held that the termination notice and process met federal constitutional requirements for procedural due process, and the case was properly removed to federal court.
• Armstead v. Pingree
  629 F. Supp. 273· M.D. Fla.· 1986-01-29 ·cited 19×
  The court denied the motion to dismiss, finding that plaintiffs' allegations of constitutional violations and statutory rights under § 1983 and § 504 stated a federal question. The court also granted the motion to amend the class, certifying two subclasses.
• John P. Heaney, M.D. v. United States Veterans Admin.
  756 F.2d 1215· 5th Cir.· 1985-04-11 ·cited 19×
  The court held that the administrative remedies available under the Department of Medicine and Surgery (DMS) regulations for Veterans Administration medical personnel preclude a nonstatutory damages action for alleged constitutional violations arising from personnel actions.
• DiRUGGIERO v. Rodgers
  743 F.2d 1009· 3d Cir.· 1984-09-17 ·cited 19×
  The court held that claims under the Parental Kidnapping Prevention Act (PKPA) arise under federal law, and that the domestic relations exception does not bar diversity jurisdiction over a state-law child abduction tort claim.
• Gila River Indian Community v. Henningson
  626 F.2d 708· 9th Cir.· 1980-08-29 ·cited 19×
  The court held that federal jurisdiction under 28 U.S.C. § 1362 does not extend to a simple breach of contract action for negligent design and construction, as it does not involve the tribe's possessory rights to land or other federal questions.
• Haitian Refugee Ctr. v. Civiletti
  503 F. Supp. 442· S.D. Fla.· 1980-07-02 ·cited 19×
  The court held that the district court has jurisdiction to review claims alleging procedural irregularities in the Immigration and Naturalization Service's (INS) processing of asylum claims, distinguishing these from direct challenges to final deportation orders which are exclusi
• Dist. OF Columbia v. Schramm
  631 F.2d 854· D.C. Cir.· 1980-06-18 ·cited 19×
  The court held that the EPA's decision not to veto a state-issued NPDES permit is not reviewable in federal court, and that the District failed to demonstrate harm under federal common law of nuisance.
• Einhorn v. DeWITT
  618 F.2d 347· 5th Cir.· 1980-06-04 ·cited 19×
  The court held that 26 C.F.R. § 601.107(b)(2) grants discretion to the IRS regarding disclosure of information in criminal investigations, and therefore, federal courts lack jurisdiction to compel such disclosure.
• Sneaker Circus, Inc. v. Carter
  566 F.2d 396· 2d Cir.· 1977-11-10 ·cited 19×
  The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction, as the circumstances prevented access to the Customs Court, thus vesting jurisdiction in the district court.
• Gallagher v. The Cont'l Ins. Co.
  502 F.2d 827· 10th Cir.· 1974-08-20 ·cited 19×
  Citizens and taxpayers lack standing to bring a derivative action on behalf of the state to challenge a contract, absent specific state authorization or a direct benefit intended for them as third-party beneficiaries.
• Lovell Mfg. v. Export-Import Bank OF THE United States & Aetna Cas. & Sur. Co., Inc.
  843 F.2d 725· 3d Cir.· 1988-03-31 ·cited 18×
  Federal courts lack subject matter jurisdiction over a suit against FCIA when the federal claim against Eximbank was withdrawn, as the remaining claim is governed by state law and Eximbank's interest is tangential.
• Wyden v. Commissioner OF Patents AND Trademarks
  807 F.2d 934· Fed. Cir.· 1986-11-25 ·cited 18×
  The court confirms its jurisdiction over the appeal, deferring to a sister circuit's precedent on the matter.
• Wilton Chatman-Bey v. Meese
  797 F.2d 987· D.C. Cir.· 1986-08-05 ·cited 18×
  The court held that the Federal Bureau of Prisons' method of calculating parole eligibility for prisoners serving consecutive federal and D.C. Code sentences was arbitrary and irrational, and adopted a uniform aggregation approach that respects D.C. minimum sentence requirements.
• Cannon v. Loyola Univ. OF Chicago
  784 F.2d 777· 7th Cir.· 1986-02-25 ·cited 18×
  The court held that prior dismissals of the plaintiff's suits operated as res judicata, barring the current action against all defendant medical schools.
• NEW Orleans Pub. Serv., Inc. v. The City OF NEW Orleans
  782 F.2d 1236· 5th Cir.· 1986-02-14 ·cited 18×
  The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction and in abstaining, as federal question jurisdiction exists under 28 U.S.C. § 1331 due to the federal preemption claim.
• Wronke v. Marsh
  767 F.2d 354· 7th Cir.· 1985-07-18 ·cited 18×
  The court held that an appeal from a judgment entered after October 1, 1982, is not governed by the savings clause for appeals filed before that date, even if a prior appeal in the same underlying matter was filed before that date.
• Starnes v. Schweiker
  715 F.2d 134· 4th Cir.· 1983-08-16 ·cited 18×
  The court held that the district court had jurisdiction under both 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1361 (mandamus) to review the Secretary's procedural challenges to Medicare benefit level determinations. It affirmed the district court's preliminary injunction
• State OF Wis. v. Odric Baker
  698 F.2d 1323· 7th Cir.· 1983-01-26 ·cited 18×
  The court held that the district court had original subject-matter jurisdiction and that the defendants, as tribal officials, are not immune from suit if they acted beyond the scope of powers granted by federal law, specifically the 1854 treaty.
• Murray v. United States
  686 F.2d 1320· 8th Cir.· 1982-08-26 ·cited 18×
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction, as the United States had not waived sovereign immunity for the claims presented.
• Local Div. 1285 v. Jackson Transit Auth. & the City of Jackson
  650 F.2d 1379· 6th Cir.· 1981-06-03 ·cited 18×
  The Urban Mass Transportation Act, specifically § 13(c), does not create a private federal right of action for employees to sue municipal transit authorities for breach of contract.
• Madsen v. Prudential Fed. Sav. & Loan Ass'n
  635 F.2d 797· 10th Cir.· 1980-12-03 ·cited 18×
  The federal court lacked subject matter jurisdiction over both the removed state action and the declaratory judgment action because the Madsens' claims arose under state law, and Prudential's federal preemption arguments were defensive in nature.
• Dr. Joseph G. Bussey, Jr., M. D. and Amy Jackson, P. A. v. Harris
  611 F.2d 1001· 5th Cir.· 1980-02-13 ·cited 18×
  The court held that it lacked subject matter jurisdiction to review the administrative denial of Medicare reimbursement for physician's assistant services, as the constitutional claims were insubstantial and statutory review was precluded.
• NIX v. Sweeney
  573 F.2d 998· 8th Cir.· 1978-03-31 ·cited 18×
  The court held that summary judgment on the issue of probable cause for arrest was improper because genuine issues of material fact existed, and the dismissal of the Village of Breckenridge Hills was proper based on sovereign immunity for claims not involving vicarious liability
• Ms. Mary Ryan v. Fed. Deposit Ins. Corp.
  565 F.2d 762· D.C. Cir.· 1977-10-25 ·cited 18×·via 28 U.S.C. § 1331(A)
  Federal agencies have a duty to ensure handicapped individuals receive equal opportunity in job assignments and promotions, and failure to comply allows for judicial review.
• Eliseo Garza v. Amador Rodriguez
  559 F.2d 259· 5th Cir.· 1977-09-14 ·cited 18×
  A public employee's discharge is not unconstitutional if the protected conduct (filing a lawsuit) played a part but the employer had a legitimate, independent reason for the termination based on the employee's unprotected conduct.
• Girardier v. Webster Coll.
  563 F.2d 1267· 8th Cir.· 1977-08-24 ·cited 18×·via 28 U.S.C. § 1331(A)
  The court held that a private college's refusal to issue transcripts to former students who discharged loan obligations in bankruptcy does not conflict with the Bankruptcy Act.
• Mason v. Belieu
  543 F.2d 215· D.C. Cir.· 1976-04-15 ·cited 18×
  The court agreed that the statute does not limit remedial provisions solely to passengers and that derivative damages for mental distress are not awardable. However, the concurring opinion found the lower court's award for direct injury to Mrs. Mason was not clearly erroneous.
• King v. Honorable Rogers C. B. Morton
  520 F.2d 1140· D.C. Cir.· 1975-10-09 ·cited 18×
  The court held that the constitutional right to a jury trial in serious criminal offenses applies to American Samoa, and jurisdiction exists under 28 U.S.C. § 1361.
• Den Hartigh v. Latin
  485 F.2d 1068· D.C. Cir.· 1973-10-05 ·cited 18×·via 28 U.S.C. § 1331(A)
  The court held that the District Court erred in transferring cases to Superior Court based solely on District of Columbia v. Carter, as federal question jurisdiction under 28 U.S.C. § 1331(a) may exist for claims of constitutional violations by D.C. officers, and the amount in co
• Louella S. Da'Ville v. Wise
  470 F.2d 1364· 5th Cir.· 1973-01-02 ·cited 18×·via 28 U.S.C. § 1331(A)
  The court held that the notice of appeal was timely filed, and the Longshoremen's and Harbor Workers' Compensation Act is the exclusive remedy for the wrongful death of an offshore worker due to employer or co-employee negligence.
• The Albany Welf. Rights Org. DAY Care Ctr., Inc. v. Schreck
  463 F.2d 620· 2d Cir.· 1972-06-09 ·cited 18×
  The court held that the complaint sufficiently alleged a claim for relief, stating that plaintiffs had a factual foundation to establish retaliation by defendants.
• State OF Okla. ex rel. J. Woodrow Wilson v. Blankenship
  447 F.2d 687· 10th Cir.· 1971-08-24 ·cited 18×
  The court held that the district court lacked jurisdiction to remove the state action because it did not arise under federal law, and therefore erred in denying the motion to remand.
• Cupo v. Cmty. Nat'l Bank & Tr. Co. OF NEW York
  438 F.2d 108· 2d Cir.· 1971-02-05 ·cited 18×·via 28 U.S.C. § 1331(A)
  The court held that federal question jurisdiction exists under 28 U.S.C. § 1337 for claims arising under the National Banking Act, regardless of the amount in controversy.
• Gold v. Lomenzo
  425 F.2d 959· 2d Cir.· 1970-01-22 ·cited 18×
  A challenge to the confiscatory nature of a state administrative order regarding commission rates presents a substantial constitutional issue requiring a three-judge court.
• Kiker v. Hefner
  409 F.2d 1067· 5th Cir.· 1969-04-10 ·cited 18×
  The court held that federal courts lack jurisdiction to enjoin state tax collection when a plain, speedy, and efficient remedy exists in state courts, and that res judicata bars relitigation of claims between the same parties.
• The Detroit Edison Co. v. E. China Twp. Sch. Dist. NO. 3
  378 F.2d 225· 6th Cir.· 1967-06-02 ·cited 18×
  The court held that annexation of school districts is a political matter not subject to federal constitutional challenge, and that federal courts should abstain from hearing challenges to state tax assessments when a plain, speedy, and efficient state remedy exists.
• Stevens v. Frick
  372 F.2d 378· 2d Cir.· 1967-02-01 ·cited 18×
  The federal anti-injunction statute, 28 U.S.C. § 2283, precludes federal courts from enjoining state court proceedings unless an exception applies, and no exception was demonstrated here.