Common Law Remedies

107 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State Farm Mut. Auto. Ins. Co. v. Laforet
  658 So. 2d 55· Fla.· 1995-04-20 ·cited 272×
  The Florida Supreme Court held that section 627.727(10), enacted in 1992 to expand damages available in first-party bad faith insurance actions, cannot be applied retroactively to claims arising before its enactment despite the Legislature's characterization of it as remedial. Th
• Wilkie v. Holstead Roberts
  91 Fla. 1064· Fla.· 1926-06-05 ·cited 130×
  A father sued for damages after his minor son was struck by an automobile negligently operated by the defendant. The jury awarded $2,500, but the Florida Supreme Court reversed, holding that the father could recover only for loss of services and medical expenses under common law,
• Aston Bartholomew v. Universe Tankships, Inc.
  263 F.2d 437· 2d Cir.· 1959-01-09 ·cited 90×
  The court held that the Jones Act applies when substantial contacts exist between the transaction and the United States, and that a maritime claim for unseaworthiness can be tried to a jury alongside a Jones Act claim under the doctrine of pendent jurisdiction.
• Hawkins v. Rellim Inv. Co.
  92 Fla. 784· Fla.· 1926-10-21 ·cited 65×
  The Florida Supreme Court upheld Chapter 11383 of the 1925 Florida statutes, which authorized courts of chancery to entertain suits to quiet title to land. The court rejected the appellant's constitutional challenge that the statute violated the right to trial by jury, holding th
• Davidson v. O'Lone
  752 F.2d 817· 3d Cir.· 1984-12-27 ·cited 62×
  The New Jersey Tort Claims Act, which grants broad immunity to state agents, cannot shield them from liability under 42 U.S.C. § 1983 for violating the Fourteenth Amendment right to personal security. Involuntarily committed individuals retain a federally protected liberty intere
• Nader v. Allegheny Airlines, Inc.
  512 F.2d 527· D.C. Cir.· 1975-05-02 ·cited 62×
  The court held that the Board's determination of whether airline reservation practices are deceptive does not preclude a common law action for fraudulent misrepresentation.
• Acme Process Equip. Co. v. The United States
  347 F.2d 509· Ct. Cl.· 1965-06-11 ·cited 59×
  The court held that the government's unreasonable delay in canceling the contract after discovering potential violations of the covenant against contingent fees waived its right to do so. The court also found that the Anti-Kickback Act, as it existed in 1946, did not provide a ba
• Gober v. Braddock
  100 Fla. 1406· Fla.· 1930-12-09 ·cited 55×
  The Florida Supreme Court held that a creditor holding a mortgage note may sue at common law to recover a deficiency after foreclosure sale, even if the equity court expressly denied a deficiency decree in the foreclosure proceeding. The court reversed a judgment upholding a plea
• Fla. Birth-Related Neurological Injury Comp. Ass'n v. Jaimes McKAUGHAN and Darlene McKaughan
  668 So. 2d 974· Fla.· 1996-02-29 ·cited 47×
  The Florida Supreme Court held that the NICA plan does not vest exclusive jurisdiction in an administrative hearing officer to determine whether a newborn's injury qualifies as a birth-related neurological injury when a medical malpractice action is filed in circuit court and the
• United States v. Silliman
  167 F.2d 607· 3d Cir.· 1948-03-25 ·cited 46×
  The court held that the Surrogate's decree was conclusive on the issue of fraud, and therefore, the doctrine of collateral estoppel applied, barring the government's claim.
• Acton v. FT. Lauderdale Hosp. & the Ins. Co. of N. Am.
  418 So. 2d 1099· Fla. 1st DCA· 1982-08-09 ·cited 38×
  The court held that Florida Statutes Section 440.15(3)(a) and (b) (1981) is constitutional and does not violate equal protection or access to courts guarantees.
• Grice v. Suwannee Lumber Mfg. Co.
  113 So. 2d 742· Fla. 1st DCA· 1959-07-07 ·cited 38×
  An employee's common law remedy for injuries arising out of and in the course of employment is barred if the injury falls within the scope of the Workmen's Compensation Act, even if the specific damages sought are not directly related to loss of earning capacity.
• Harry H. and Thelma Gibbs v. Titelman
  502 F.2d 1107· 3d Cir.· 1974-08-01 ·cited 36×
  The court held that private self-help repossession of automobiles, even when permitted by state statute, does not constitute state action under the Fourteenth Amendment or 42 U.S.C. § 1983.
• S. S. W., Inc. v. Air Transp. Ass'n of Am.
  191 F.2d 658· D.C. Cir.· 1951-07-12 ·cited 35×
  The court held that the district court has jurisdiction to hear the complaint for damages and that the appellant should not be required to seek relief from the Civil Aeronautics Board first.
• Middlewest Motor Freight Bureau v. United States
  433 F.2d 212· 8th Cir.· 1970-10-06 ·cited 34×
  The court held that shippers are entitled to restitution for excessive rates charged during the period of the temporary restraining order, as the ICC's cancellation order rendered the increased tariffs unlawful.
• Brandon v. Allen
  719 F.2d 151· 6th Cir.· 1983-10-11 ·cited 32×
  The court held that Director Chapman is entitled to qualified immunity and reversed the finding of liability against him, but remanded the case to recalculate damages against Officer Allen to include dignitary harm.
• Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III
  89 So. 3d 923· Fla. 4th DCA· 2012-03-21 ·cited 31×
  This consolidated appeal addresses whether Florida trial courts may bifurcate mortgage foreclosure remedies by allowing a lender to pursue money judgments first and defer the foreclosure sale until the lender certifies non-satisfaction of those judgments. The Fourth District Cour
• Wood v. Gen. Motors Corp.
  865 F.2d 395· 1st Cir.· 1988-12-28 ·cited 31×
  The dissent argues that the National Traffic and Motor Vehicle Safety Act does not preempt common law tort actions for defective design, as Congress did not clearly intend to do so and the savings clause preserves such remedies. The dissent would affirm the lower court's decision
• Adventist Health System/Sunbelt, Inc. v. Hegwood
  569 So. 2d 1295· Fla. 5th DCA· 1990-10-11 ·cited 30×
  The court held that the medical malpractice statutes do not eliminate the common law remedy of a pure bill of discovery, allowing it when statutory discovery is inadequate.
• Northrip v. Fed. Nat'l Mortg. Ass'n
  527 F.2d 23· 6th Cir.· 1975-12-11 ·cited 30×
  The court held that the foreclosure proceeding did not involve state action, and therefore did not violate the due process clause, because the power of sale was a privately created contractual remedy, not a state function.
• Boggs v. Blue Diamond Coal Co.
  590 F.2d 655· 6th Cir.· 1979-01-23 ·cited 29×
  The court should affirm the district court's judgment because the factual prerequisites for immunity under the Act were satisfied, and a formal contract is not required for such immunity.
• Winn-Lovett Tampa, Inc. v. Murphree
  73 So. 2d 287· Fla.· 1954-06-18 ·cited 29×
  The Florida Supreme Court held that a minor unlawfully employed in violation of the Child Labor Act and injured in a workplace accident is limited to remedies under the Workers' Compensation Act and cannot bring a common law negligence suit against his employer. The court overrul
• Dirk Allan Carr v. Cent. Fla. Aluminum Prods., Inc.
  402 So. 2d 565· Fla. 1st DCA· 1981-08-26 ·cited 28×
  Carr appealed a workers' compensation deputy commissioner's denial of permanent impairment benefits for a thumb injury, arguing the 1979 Florida workers' compensation statute violated his constitutional rights to equal protection, due process, and access to courts. The court uphe
• Anne P. Kozar v. The Chesapeake & Ohio Ry. Co.
  449 F.2d 1238· 6th Cir.· 1971-10-19 ·cited 28×
  Punitive damages are not recoverable under the Federal Employers' Liability Act (FELA), and awards for loss of services to adult children and post-majority damages to a minor son are vacated due to lack of evidence of pecuniary loss.
• Standard Oil Co. of Cal. v. United States
  153 F.2d 958· 9th Cir.· 1946-02-14 ·cited 28×
  The government cannot recover lost wages and medical expenses for an injured soldier's lost services, as the government-soldier relationship is not analogous to master-servant under California Civil Code § 49, and the soldier's release covered these damages.
• Lehman v. Lycoming Cnty. Child's. Servs. Agency
  648 F.2d 135· 3d Cir.· 1981-03-31 ·cited 26×
  The district court erroneously dismissed the habeas corpus petition for lack of jurisdiction.
• Sacks v. Reynolds Sec., Inc.
  593 F.2d 1234· D.C. Cir.· 1978-12-19 ·cited 26×
  The court held that a custodial transfer of stock accounts between brokers, without a change in ownership or control, does not constitute a "sale" under Rule 10b-5, and that NYSE Rule 412 does not create an implied private federal right of action.
• Brown v. Winn-Dixie Montgomery, Inc.
  469 So. 2d 155· Fla. 1st DCA· 1985-05-07 ·cited 22×
  The Florida District Court of Appeal affirmed summary judgment for Winn-Dixie Montgomery, Inc., holding that the exclusive remedy provisions of the Florida Workers' Compensation Act bar the employee's tort claims against her employer for battery and intentional infliction of emot
• Rogers v. RAY Gardner Flying Serv., Inc.
  435 F.2d 1389· 5th Cir.· 1970-11-16 ·cited 22×
• Elliott v. Dugger
  542 So. 2d 392· Fla. 1st DCA· 1989-04-06 ·cited 21×
  The Elliotts appealed a summary judgment dismissing their lawsuit against the Department of Corrections Secretary for injuries sustained when Robert Elliott allegedly ingested AIDS-contaminated blood serum while working. The court reversed, finding genuine issues of material fact
• Alterman Transp. Lines, Inc. v. State
  405 So. 2d 456· Fla. 1st DCA· 1981-10-20 ·cited 20×
  Motor carriers and a shipper challenged the constitutionality of Florida's Sunset Act as applied to the repeal of motor carrier regulatory statutes. The Florida District Court of Appeal affirmed dismissal of the complaint, holding that the repeal of regulatory authority did not v
• Fitzgerald v. United States Lines Co.
  306 F.2d 461· 2d Cir.· 1962-06-29 ·cited 20×
  The court held that when claims for maintenance and cure, Jones Act negligence, and unseaworthiness arise from a single accident, they must be tried as a unit, and the right to a jury trial under the Jones Act applies to all claims.
• Plowden & Roberts, Inc. v. Conway
  192 So. 2d 528· Fla. 4th DCA· 1966-12-07 ·cited 18×
  Plowden & Roberts sued Conway and his surety for breach of a construction subcontract, claiming Conway failed to perform the work. The trial court dismissed for failure to state a cause of action, but the appellate court reversed, holding that contractual termination procedures w
• State v. Prevatt
  110 Fla. 29· Fla.· 1933-05-02 ·cited 18×
  The Florida Supreme Court upheld a quo warranto action challenging whether defendants could legally serve as trustees of the Volusia County Fair Board under an allegedly unconstitutional statute, but refused to extend the remedy to require an accounting of tax funds collected und
• Matrix Emp. Leasing, Inc. v. Hadley
  78 So. 3d 621· Fla. 1st DCA· 2011-11-29 ·cited 16×
  In this workers' compensation case, the Florida First District Court of Appeal reversed an award of permanent total disability (PTD) benefits to an injured employee who had not yet reached maximum medical improvement (MMI). The court held that PTD benefits cannot be awarded based
• Paduano v. Yamashita Kisen Kabushiki Kaisha and Norton
  221 F.2d 615· 2d Cir.· 1955-04-05 ·cited 16×
  The court held that the 'saving to suitors' clause in the Judiciary Act of 1789 intended to save common law remedies from the grant of admiralty jurisdiction itself, not merely from its exclusiveness.
• Brooks v. Flagg Bros., Inc.
  553 F.2d 764· 2d Cir.· 1977-04-07 ·cited 15×
  The adoption of New York Uniform Commercial Code sections 7-209 and 7-210, which grant warehousemen a lien and power of sale, does not constitute state action for purposes of the Fourteenth Amendment.
• Woodard v. LOS Fresnos Indep. Sch. Dist.
  732 F.2d 1243· 5th Cir.· 1984-05-29 ·cited 14×
  A high school student's request for corporal punishment instead of suspension, even if a deviation from school rules, does not constitute a denial of constitutional rights if state courts provide adequate remedies.
• Reed v. Aaacon Auto Transp., Inc.
  637 F.2d 1302· 10th Cir.· 1981-04-03 ·cited 14×
  The court held that the Carmack Amendment does not preempt common law remedies for damages, including actual, consequential, and punitive damages, and that attorneys' fees are not recoverable under Section 8 of the Interstate Commerce Act unless the damages are a direct consequen
• Berkeley v. W. Indies Enters., Inc.
  480 F.2d 1088· 3d Cir.· 1973-06-08 ·cited 14×
  The court held that the Virgin Islands Workmen's Compensation Act imposes a special one-year statute of limitations for third-party actions, which bars the plaintiff's suit.
• Sears v. Wallace
  172 F.2d 802· 4th Cir.· 1949-01-28 ·cited 14×
  The court held that the defendant, a warehouse occupant, was not liable under the Virginia Workmen's Compensation Act for injuries to a subcontractor's employee because the alteration work was not part of the defendant's trade or business.
• Underwriters AT Lloyds OF London v. N. Am. van Lines
  890 F.2d 1112· 10th Cir.· 1989-11-30 ·cited 13×
  The Carmack Amendment to the Interstate Commerce Act preempts state common law remedies for negligent damage to goods shipped by common carrier, including claims for full value beyond contractual limitations.
• ST. Mary's Hosp., Inc. v. Phillipe
  699 So. 2d 1017· Fla. 4th DCA· 1997-07-30 ·cited 10×
  St. Mary's Hospital appealed a medical malpractice arbitration award, challenging the statutory limits on non-economic damages and seeking a stay pending review. The Fourth District Court of Appeal held that the $250,000 non-economic damage cap applies per incident of malpractice
• Turnage v. N. Va. Steel Corp.
  336 F.2d 837· 4th Cir.· 1964-09-21 ·cited 10×
  A supplier who actively engages in designing, altering, and advising on a construction project, beyond mere fabrication, is considered part of the owner's or general contractor's business under the Virginia Workmen's Compensation Act and is immune from common law suit by injured
• Radney v. Edwards
  424 So. 2d 956· Fla. 1st DCA· 1983-01-10 ·cited 8×
  An employer appeals a workers' compensation order awarding benefits to an injured employee. The Florida District Court of Appeal reverses, holding that private employers with fewer than three employees are exempt from mandatory workers' compensation coverage under Florida law, an
• The Baltimore & Ohio R.R. Co. v. The Ala. Great S. R.R. Co.
  506 F.2d 1265· D.C. Cir.· 1974-10-01 ·cited 8×
  The court held that the Interstate Commerce Act preserves common law remedies, and therefore, a common law action for damages resulting from unfair divisions of joint freight rates is permissible, even if the ICC lacks retroactive adjustment power for agreed rates.
• Tights, Inc. v. The Honorable Edwin M. Stanley
  441 F.2d 336· 4th Cir.· 1971-04-12 ·cited 8×
  The court held that the Seventh Amendment preserves the right to a jury trial for patent validity and infringement issues when joined with a claim for monetary damages.
• Bradbury v. Dennis
  368 F.2d 905· 10th Cir.· 1966-10-25 ·cited 8×
  The court held that the trial court correctly determined the transaction was a loan, the cause of action for money had and received was assignable and not barred by the statute of limitations, and that pre-judgment interest was not recoverable under Colorado law.
• City Bldg. Corp. v. Jos. D. Farish, Jr.
  292 F.2d 620· 5th Cir.· 1961-07-20 ·cited 8×
  A landlord's lien perfected by distress for rent is subject to the limitations of Section 67(c) of the Bankruptcy Act, and the landlord is bound by its bid at a judicial sale.
• Platt v. Kenco Chem. Co., Inc.
  132 So. 2d 27· Fla. 3d DCA· 1961-07-06 ·cited 8×
  A counterclaim alleging crop damage from defective fertilizer states a cause of action under common law and is not barred by Chapter 576, Florida Statutes. When a counterclaim exceeds the trial court's jurisdictional limit, the court must transfer the case to a court of competent