Common Law Remedies

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

• Watab Paper Co. v. N. Pac. Ry. Co.
  154 F.2d 436· 8th Cir.· 1946-02-27 ·cited 8×
  The court held that the trial court correctly deferred to the Minnesota Railroad and Warehouse Commission's prior determination that the defendant and its connecting railway were separate entities for rate-making purposes, precluding a collateral attack on the filed joint rates.
• Atl. Sounding Co., Inc. v. Townsend
  11th Cir.· 2009-06-25 ·cited 7×
  The dissenting opinion argues that punitive damages are not available for maintenance and cure claims, whether based on personal injury or not, aligning with the principle of uniformity established in Miles v. Apex Marine Corp.
• Cleveland v. Piper Aircraft Corp.
  985 F.2d 1438· 10th Cir.· 1993-02-16 ·cited 7×
  The court held that the Federal Aviation Act does not preempt state common law tort claims for airplane design defects, and that the trial court erred in limiting the scope of the new trial to exclude retrial of damages.
• O'Carroll v. Am. Airlines, Inc.
  863 F.2d 11· 5th Cir.· 1989-01-12 ·cited 7×
  The court held that the plaintiff's state law claims were preempted by federal law, divesting the district court of subject matter jurisdiction.
• Jefferson Barracks Marine Serv., Inc. v. Casey
  763 F.2d 1007· 8th Cir.· 1985-06-06 ·cited 7×
  The court held that the district court erred in enjoining the state court wrongful death action, as the claimants' stipulation preserved the vessel owners' right to limit liability.
• La Floridienne v. The Seaboard Air Line Ry.
  59 Fla. 196· Fla.· 1910-01-01 ·cited 7×
  La Floridienne sued the Seaboard Air Line Railway to recover overcharges for phosphate transportation in 1904-1905, claiming the railroad violated Florida Railroad Commission rate orders. The central issue is whether a 1907 statute extending the statute of limitations could reviv
• Octavius H. Gadsden v. Jones
  1 Fla. 332· Fla.· 1847-01-01 ·cited 7×
  This case interprets Florida's statute governing the discharge of executors and administrators from their fiduciary duties. The court held that when an executor or administrator obtains a lawful discharge after faithful administration, they are released from liability for suits i
• Larsen v. Island Developers, Ltd.
  769 So. 2d 1071· Fla. 3d DCA· 2000-09-13 ·cited 6×
  The court held that derivative actions are still available for not-for-profit corporations in Florida and were not abolished by the 1993 amendment to section 617.1908.
• Salkay v. Basil C. Deuschle, Jr.
  385 So. 2d 181· Fla. 4th DCA· 1980-07-09 ·cited 6×
  The court held that a cause of action can be stated against trustees in their individual capacities for intentional torts, and that such claims are not barred by res judicata or estoppel by judgment, even if related to a workers' compensation award.
• Hewitt-Robins Inc. v. E. Freight-Ways, Inc.
  293 F.2d 205· 2d Cir.· 1961-07-25 ·cited 6×
  The court should not have closed the doors of the courthouse to the plaintiff's claim of misrouting, as it is distinct from claims regarding the reasonableness of filed rates.
• Ex Parte: Gladstone R. Beattie
  98 Fla. 785· Fla.· 1929-10-25 ·cited 6×
  The Florida Supreme Court held that statutory procedures for contesting elections to county offices are not exclusive remedies, and that mandamus remains available to compel election officials to correctly count and return votes cast in an election. The court denied prohibition t
• JAX Utils. Mgmt., Inc. v. Hancock Bank
  164 So. 3d 1266· Fla. 1st DCA· 2015-06-11 ·cited 5×
  Jax Utilities Management challenged a summary judgment in favor of Hancock Bank, arguing the trial court erred in applying a one-year statute of limitations to bar its equitable lien claim and in finding that Florida's Construction Lien Law precluded common law claims for equitab
• James D. Hinson Elec. Contracting Co. v. BellSouth Telecomms., Inc.
  642 F. Supp. 2d 1318· M.D. Fla.· 2009-07-13 ·cited 5×
  The Florida Underground Facility Damage Prevention Act does not provide BellSouth with additional remedies beyond common law for damages. Genuine issues of material fact preclude summary judgment on BellSouth's affirmative defenses and Hinson's claims.
• Hechtman v. Nations Title Ins. OF NEW York, Inc.
  767 So. 2d 505· Fla. 3d DCA· 2000-06-07 ·cited 5×
  The Hechtmans appealed summary judgment in favor of title insurers Nations Title and Commonwealth, claiming the insurers should be liable under Florida Statutes § 627.792 for funds misappropriated by attorney Jorge Hernandez. The court affirmed, holding that § 627.792 liability a
• In re Long Distance Telecommunications Litigation. Charles Kaplan v. ITT-U.S. Transmission Sys., Inc.
  831 F.2d 627· 6th Cir.· 1987-10-09 ·cited 5×
  The court held that claims alleging unreasonable practices under 47 U.S.C. § 201(b) are within the primary jurisdiction of the FCC, but state common law claims are not preempted and may proceed. The court also reinstated RICO claims.
• Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams
  271 So. 3d 1133· Fla. 1st DCA· 2019-04-05 ·cited 4×
  An injury is compensable under Florida workers' compensation law only if it "arises out of" employment, meaning the employment must necessarily expose the claimant to conditions that substantially contribute to the risk of injury and to which the claimant would not normally be ex
• Am. Int'l Grp., Inc. v. Siemens Bldg. Techs., Inc.
  881 So. 2d 7· Fla. 3d DCA· 2004-06-02 ·cited 4×
  Insurance carriers appealed a trial court order denying arbitration of a coverage dispute, arguing the court improperly applied the reverse-preemption doctrine to block the Federal Arbitration Act. The appellate court reversed, holding that a permissive attorney's fees provision
• G. & T. Terminal Packaging Co., Inc. v. Consol. Rail Corp.
  830 F.2d 1230· 3d Cir.· 1987-09-23 ·cited 4×
  Federal law does not preempt state common law claims against rail carriers for discriminatory conduct when the Interstate Commerce Commission has exempted relevant rail traffic from regulation.
• Wildman v. Burlington N. R.R. Co.
  825 F.2d 1392· 9th Cir.· 1987-08-24 ·cited 4×
  Punitive damages and prejudgment interest are not recoverable under the Federal Employers Liability Act (FELA).
• City OF Chicago v. Gen. Motors Corp.
  467 F.2d 1262· 7th Cir.· 1972-09-19 ·cited 4×
  The court held that the city's complaint failed to state a claim under Illinois products liability law because it alleged general harm from an indeterminate number of sources rather than specific defects in particular vehicles causing specific injuries.
• Sade v. N. Natural GAS Co.
  458 F.2d 210· 10th Cir.· 1972-03-30 ·cited 4×
  The Oklahoma Workmen's Compensation Law does not preclude a fraud action based on a release that foreclosed a common law remedy under Kansas law, even if the injured party received workers' compensation benefits in Oklahoma.
• Taylor Cnty. Sand Co. v. Seaboard Coast Line R.R. Co.
  446 F.2d 853· 5th Cir.· 1971-08-12 ·cited 4×
  The court held that the district court properly invoked the doctrine of primary jurisdiction, requiring the Interstate Commerce Commission (ICC) to consider the discrimination complaint before judicial review.
• Toomer v. Fourth Nat'l Bank of Jacksonville
  68 Fla. 555· Fla.· 1915-01-11 ·cited 4×
  The Florida Supreme Court reversed the trial court's dismissal of a minor's trover action against a bank for wrongful seizure and conversion of his automobile. The court held that statutory claim proceedings are concurrent, not exclusive remedies, and that a minor may bring trove
• A. E. Gregory de bonis non of the estate of J. M. Nixon v. Harrison
  4 Fla. 56· Fla.· 1851-01-01 ·cited 4×
  The Florida Supreme Court held that an administrator de bonis non (administrator of unadministered estate) cannot sue a removed executor or the representative of a deceased executor for assets that were converted or wasted by the first executor. The court established that such cl
• Holveck v. State
  730 So. 2d 407· Fla. 5th DCA· 1999-04-09 ·cited 3×
  The court held that a pro se petition, treated as a petition for writ of mandamus, should be denied for lack of jurisdiction and failure to establish a violated legal right.
• Ivana Vidovic Mlinar v. United Parcel Serv., Inc.
  129 So. 3d 406· Fla. 4th DCA· 2013-12-04 ·cited 2×
  All of the appellant's claims against UPS are preempted by the Carmack Amendment because they are based on conduct related to the delivery, loss of, or damage to the goods, rather than conduct separate and distinct from these issues.
• Crystal Cunningham per next friend Robert Ruby Cunningham v. Beavers
  858 F.2d 269· 5th Cir.· 1988-10-26 ·cited 2×
  The court held that the plaintiffs failed to state a claim for deprivation of due process or equal protection rights, as state law provides adequate remedies for excessive corporal punishment.
• Adams v. Vandemark
  855 F.2d 312· 6th Cir.· 1988-08-24 ·cited 2×
  The court held that the plaintiffs failed to demonstrate that the defendants acted under color of state law, and thus could not state a claim under 42 U.S.C. § 1983.
• Yahn & McDONNELL, Inc. v. Farmers Bank OF the State OF Del.
  708 F.2d 104· 3d Cir.· 1983-05-13 ·cited 2×
  The court held that the trial court erred in granting summary judgment, as unresolved factual issues exist regarding the plaintiff's holder in due course status and the bank's actions did not constitute valid payment on the certificate of deposit.
• Johannes tenBRAAK v. Waffle Shops, Inc.
  542 F.2d 919· 4th Cir.· 1976-10-14 ·cited 2×
  The court held that the lessee breached the lease without justification, but the lessor was not entitled to recover future damages under Virginia law. The case was remanded for a redetermination of damages limited to accrued rent.
• Lynchburg Traffic Bureau (Corp.) v. Smith's Transfer Corp. OF Staunton
  339 F.2d 478· 4th Cir.· 1964-12-09 ·cited 2×
  The court held that the plaintiff's "contract" theory was a restatement of previously rejected claims and that the cited statutes did not support their position or provide a remedy.
• Philco Corp. v. The "Automatic" Sprinkler Corp. OF Am.
  337 F.2d 405· 7th Cir.· 1964-10-01 ·cited 2×
• United States ex rel. Noel v. Carmody
  148 F.2d 684· D.C. Cir.· 1945-03-26 ·cited 2×
  The court held that while a quo warranto action may be brought by a member of a voluntary public service corporation, the trial court did not abuse its discretion in denying the writ when the election, despite technical by-law violations, reflected the voluntary choice of the maj
• Carlton E. Miller v. Knob Constr. Co.
  368 So. 2d 891· Fla. 2d DCA· 1979-02-14 ·cited 1×
  The one-year statute of limitations in Section 255.05(2) applies only to actions brought on the statutory bond, not to independent contract claims against the prime contractor.
• GWG DLP Master Tr. Dated §
  Del.· 2026-02-11
  The Delaware Supreme Court answered a certified question of law regarding the statute of limitations for claims under Delaware Code § 2704(b), which permits estates to recover life insurance death benefits paid on policies procured in violation of the insurable interest requireme
• Wilmington
  Del. C.P.· 2010-04-28
  The trial court correctly determined that the statutory remedy for tree trespass was not exclusive and that the plaintiffs had proven by a preponderance of the evidence that the trees were on their property. However, the court erred in awarding the full replacement cost for certa
• The Bd. OF Regents OF the State OF Fla. v. Athey
  694 So. 2d 46· Fla. 1st DCA· 1997-01-31
  This case addresses whether pre-delivery notice of NICA participation is a condition precedent to health care providers invoking NICA's exclusive remedy provision, and whether providers must have a reasonable opportunity to provide such notice. The court held that pre-delivery no
• Tokio Marine & Fire Ins. Co. v. Amato Motors
  996 F.2d 874· 7th Cir.· 1993-06-11
  Deregulation of trailer-on-flatcar (TOFC) and container-on-flatcar (COFC) services under the Staggers Act does not exempt common carriers from liability under the Carmack Amendment.
• In re the Complaint of Oswego Barge Corp. v. Oswego Barge Corp.
  673 F.2d 47· 2d Cir.· 1982-03-04
  The court held that the FWPCA's precise statutory damage remedy for the United States is exclusive, preempting non-statutory damage remedies.
• Rodriguez v. Dicoa Corp.
  318 So. 2d 442· Fla. 3d DCA· 1975-07-22
  The trial court improperly granted an equitable attachment and injunction in a common law debt action after the original debt had been satisfied by payment, then entered a default judgment and final judgment exceeding $300,000 based on this void order. The appellate court reverse
• Hardesty v. Alliance Plumbing & Heating Co., Inc.
  316 F.2d 361· D.C. Cir.· 1963-02-07
  The Maryland Workmen's Compensation Act does not bar a suit by an employee against a subcontractor's employee for negligence, as subcontractors are considered 'other persons' under the Act.
• Ginsberg v. Coca-Cola Bottling Co.
  285 F.2d 77· 7th Cir.· 1961-01-03
  The court held that a minor illegally employed in violation of the Child Labor Act is not barred from pursuing a common law action for damages by the Illinois Workmen's Compensation Act.
• Renpak, Inc. v. Oppenheimer
  10 Fla. Supp. 130· Palm Beach Cty. Cir. Ct.· 1957-02-27
  RENPAK, Inc. sued former officer Oppenheimer and others for planning and executing a competing business while Oppenheimer held a fiduciary position with RENPAK. The court dismissed the complaint for failure to state a cause of action for injunctive relief, finding that the defend