Covenant Not To Sue

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

• The Flintkote Co. v. Lysfjord
  246 F.2d 368· 9th Cir.· 1957-03-29 ·cited 180×
• Atl. Coast Line R.R. Co. v. Frona Mae Boone and Helen Goff
  85 So. 2d 834· Fla.· 1956-02-01 ·cited 78×
  In this consolidated wrongful death and personal injury case arising from a train-automobile collision, the Florida Supreme Court addressed the proper characterization of settlement documents as either releases or covenants not to sue, and resolved an appellate jurisdiction issue
• Dollar v. Long MFG
  561 F.2d 613· 5th Cir.· 1977-10-21 ·cited 67×
  The court held that the trial court erred in denying the plaintiff's motion to compel discovery of prior accidents and in excluding a warning letter offered for impeachment.
• Louisville & Nashville R.R. Co. v. Mallory Johnson Allen
  67 Fla. 257· Fla.· 1914-03-27 ·cited 64×
  A railroad employee injured when struck by an electric trolley wire sued the railroad for negligence, claiming the railroad allowed the electric company to hang the wire dangerously low. The railroad sought to use the employee's prior settlement with the electric company as a com
• Leda Mae Symons v. Mueller Co.
  493 F.2d 972· 10th Cir.· 1974-01-22 ·cited 60×
  The court held that the trial court did not err in submitting the theory of strict liability to the jury under Kansas law, and that the loan receipt agreements require further determination by the trial court.
• Wilshire OIL Co. OF Tex. v. Riffe
  409 F.2d 1277· 10th Cir.· 1969-04-15 ·cited 57×
  The court held that the Riffes lacked sufficient contacts with Kansas for personal jurisdiction, but the claim against Masterson for breach of fiduciary duty was improperly dismissed for failure to state a claim.
• The HERTZ Corp. v. Hellens
  140 So. 2d 73· Fla. 2d DCA· 1962-04-11 ·cited 49×
  A covenant not to sue one tort-feasor does not release other tort-feasors, including vicarious ones, and the settlement amount must be set off against any judgment against the remaining tort-feasors.
• Gold, Vann & White, P.A. v. DeBERRY
  639 So. 2d 47· Fla. 4th DCA· 1994-04-27 ·cited 46×
  In this medical malpractice case arising from a birth injury, the appellate court reversed and remanded for new trial due to erroneous admission of inflammatory settlement agreement language, improper jury evidence, and evidentiary errors, though it affirmed the directed verdict
• Ira Shay & Shalev Corp. v. First Fed. OF Miami, Inc.
  429 So. 2d 64· Fla. 3d DCA· 1983-04-05 ·cited 40×
  Shay and Shalev Corporation sued First Federal and Canovest for breach of a contract to fund a trust following a settlement of disputes over a failed condominium project. The trial court granted judgment on the pleadings based on a covenant not to sue provision in the settlement
• Bierman v. Miller
  639 So. 2d 627· Fla. 3d DCA· 1994-06-28 ·cited 37×
  The Florida Third District Court of Appeal granted certiorari to review and quash a trial court's order vacating a stay in a legal malpractice action. The court held that a malpractice claim cannot accrue until redressable harm is established, and therefore the case should be sta
• PPG Indus., Inc. v. Russell
  887 F.2d 820· 7th Cir.· 1989-10-19 ·cited 34×
  The court held that the covenant not to sue was ambiguous regarding whether it required reimbursement for legal expenses incurred defending claims that could impose liability, even if no actual liability resulted.
• Hageman v. Signal L. P. GAS, Inc.
  486 F.2d 479· 6th Cir.· 1973-10-31 ·cited 30×
  The court held that the amendment to include the pain and suffering claim related back to the original filing, and that the settlement with a co-defendant did not fully preclude the plaintiff's wrongful death claim against the appellant, but remanded for allocation of settlement
• Clapper v. Original Tractor CAB Co., Inc.
  270 F.2d 616· 7th Cir.· 1959-09-30 ·cited 29×
  The court held that attorney fees incurred in defending a patent infringement action cannot be included as an element of treble damages in a related antitrust counterclaim under 15 U.S.C. § 15.
• Husky Ref. Co. v. Barnes
  119 F.2d 715· 9th Cir.· 1941-05-07 ·cited 28×
  The release of one independent tortfeasor does not release another, and the jury's verdict is presumed to have accounted for prior payments.
• Taylor v. Gilmartin
  686 F.2d 1346· 10th Cir.· 1982-07-30 ·cited 26×
  The court held that the trial court erred in directing verdicts on the false imprisonment and intentional infliction of emotional distress claims, but affirmed the dismissal of the § 1983 claim for lack of state action.
• Penza v. Neckles
  344 So. 2d 1282· Fla.· 1977-04-07 ·cited 26×
  A release of one joint and several obligor releases all other obligors on the same obligation, even if the release expressly states otherwise.
• United States v. First SEC. Bank of Utah
  208 F.2d 424· 10th Cir.· 1953-11-10 ·cited 26×
  Settlements with a government employee and their insurers, which expressly reserve the right to sue the United States under the Tort Claims Act, do not bar recovery against the United States, and the negligence of the employee can be the proximate cause of injuries even with a co
• Davidow v. Seyfarth
  58 So. 2d 865· Fla.· 1952-05-09 ·cited 26×
  The Florida Supreme Court reversed a judgment for the plaintiff, finding that the plaintiff's claim against the defendant was barred by a covenant not to sue executed with a co-tortfeasor. The court also noted issues with the plaintiff's proof of employment and potential procedur
• Sheppard v. Atl. States GAS Co. OF Pa.
  167 F.2d 841· 3d Cir.· 1948-04-19 ·cited 26×
  The court held that the dismissal of the third-party complaint based on a covenant not to sue was premature, and the third-party claim was ancillary to the main action, justifying jurisdiction despite lack of diversity.
• Lelia Roper v. Fla. Pub. Utils. Co.
  131 Fla. 709· Fla.· 1938-03-08 ·cited 26×
  Mrs. Roper sought damages from Florida Public Utilities Company for her husband's death caused by contact with a live wire. The court held that while Mrs. Roper executed a release agreement with Neal Lumber and Manufacturing Company (the actual tortfeasor), that release barred he
• McKENNA v. Austin
  D.D.C.· 1943-02-11 ·cited 25×
  The court held that a release of one joint tortfeasor, even with a reservation of rights against others, operates as a matter of law to release all tortfeasors, including independent and concurring ones.
• Artvale, Inc. v. Rugby Fabrics Corp. & Barmil Assocs., Ltd.
  363 F.2d 1002· 2d Cir.· 1966-07-15 ·cited 24×
  The court held that the settlement agreement barred the patent infringement suit because the defendant's fabric did not have the specific structures prohibited by the agreement, and that New York law did not preclude recovery of litigation expenses for breach of a covenant not to
• Winter Park Tel. Co. v. Strong
  130 Fla. 755· Fla.· 1937-10-20 ·cited 24×
  Winter Park Telephone Company appeals a jury verdict awarding damages to an employee injured by electrical shock while repairing telephone wires. The Florida Supreme Court affirmed the verdict (conditioned on remittitur) despite the employer's arguments that the employee's knowle
• NEW England Merchs. Nat'l Bank v. Coleman R. Rosenfield
  679 F.2d 467· 5th Cir.· 1982-07-01 ·cited 22×
  The court held that the guarantors' defenses were legally insufficient and affirmed the directed verdict in favor of the bank.
• Lottie Martin v. Burney
  160 Fla. 183· Fla.· 1948-02-24 ·cited 21×
  A dismissal with prejudice based on a stipulation and covenant not to sue does not operate as a retraxit, barring further litigation against other parties, especially when the instrument expressly reserves rights against those not parties to the stipulation.
• Dixson v. Newsweek, Inc.
  562 F.2d 626· 10th Cir.· 1977-09-22 ·cited 20×
  The court held that a publisher's republication of defamatory statements taken out of context can constitute libel, and a settlement with a joint tortfeasor requires a reduction in the award against the remaining tortfeasor.
• Leaseco, Inc. v. Bartlett
  257 So. 2d 629· Fla. 4th DCA· 1971-12-16 ·cited 20×
  In a wrongful death action arising from a fatal automobile collision, the court upheld summary judgment determining that Leaseco, Inc. was the owner of the truck at the time of the accident based on an unambiguous lease agreement, rejected extrinsic evidence seeking to characteri
• Hesketh Gomes v. Canute A. Brodhurst and Anderson Stanley. Canute A. Brodhurst
  394 F.2d 465· 3d Cir.· 1967-03-31 ·cited 20×
  The court held that a covenant not to sue, by its clear terms, ran only to the named defendant and did not preclude suit against a co-defendant, and that the settlement did not constitute full satisfaction as a matter of law.
• Dragor Shipping Corp. v. Union Tank CAR Co.
  361 F.2d 43· 9th Cir.· 1966-04-07 ·cited 20×
  The court held that the Arizona District Court lacked personal jurisdiction over the defendant because the lawsuit concerning a settlement agreement and promissory note executed in New York did not arise out of or involve business done or transactions in Arizona, thus violating d
• Dura Elec. Lamp Co., Inc. v. Westinghouse Elec. Corp.
  249 F.2d 5· 3d Cir.· 1957-11-08 ·cited 20×
  A general release given to one alleged joint tortfeasor discharges all other alleged joint tortfeasors, even if they are not parties to the release.
• Nahtel Corp. v. W. Va. Pulp & Paper Co.
  141 F.2d 1· 2d Cir.· 1944-03-07 ·cited 20×
  The court held that the plaintiff was estopped from disaffirming the settlement agreement and release due to its knowledge of the facts and reliance on the settlement.
• Florida Evergreen Foliage v. E.I. DuPont De Nemours & Co.
  336 F. Supp. 2d 1239· S.D. Fla.· 2004-07-26 ·cited 18×
  The court denied motions to amend, granted summary judgment for DuPont on fraud claims, denied summary judgment for DuPont on breach of settlement claims, and granted motions to dismiss, closing the cases.
• McHANN v. The Firestone Tire & Rubber Co.
  713 F.2d 161· 5th Cir.· 1983-09-02 ·cited 18×
  The court held that the district court erred in instructing the jury that the tire mechanic was negligent as a matter of law and in admitting a covenant not to sue into evidence.
• Dart Indus. Co., Inc. v. Westwood Chem. Co., Inc.
  649 F.2d 646· 9th Cir.· 1980-04-02 ·cited 18×
  The court held that the district court did not abuse its discretion in quashing a subpoena duces tecum and denying discovery because the parties' general release agreement unambiguously barred Westwood from seeking discovery against Dart.
• Ashbach v. Kirtley
  289 F.2d 159· 8th Cir.· 1961-04-10 ·cited 18×
  The court held that the district court abused its discretion by approving a settlement without sufficient information regarding the probability of success, collection difficulties, and the impact of a covenant not to sue on other claims.
• Rumery v. Town OF Newton
  778 F.2d 66· 1st Cir.· 1985-12-02 ·cited 16×
  A covenant not to sue public officials for alleged deprivations of constitutional rights, executed in exchange for a decision not to prosecute criminal charges, is void ab initio as against public policy.
• Wasyl, Inc. v. First Boston Corp.
  813 F.2d 1579· 9th Cir.· 1987-04-09 ·cited 14×
  The court held that First Boston, acting as an appraiser, was entitled to arbitral immunity and that the plaintiffs' suit was barred by a covenant not to sue, affirming the grant of summary judgment.
• Aiken v. Insull
  122 F.2d 746· 7th Cir.· 1941-08-22 ·cited 14×
  The court held that a settlement releasing joint tortfeasors does not bar claims against other tortfeasors if the intent was to preserve those claims, but that under Illinois law, a release of one joint tortfeasor releases all, even if the intent was to reserve claims against oth
• Auto-Owners Ins. Co. v. ST. Paul Fire & Marine Ins. Co. & Ray E. Ulmer, Jr.
  547 So. 2d 148· Fla. 2d DCA· 1989-05-03 ·cited 12×
  Auto-Owners Insurance Company appealed rulings denying it indemnity and contribution claims against St. Paul Fire and Marine Insurance Company following settlement agreements in a personal injury case. The court held that Auto-Owners could pursue indemnity against St. Paul despit
• Steele v. The Hartford Fire Ins. Co.
  788 F.2d 441· 7th Cir.· 1986-04-10 ·cited 12×
  The court held that the insurer did not act in bad faith by refusing to settle for policy limits plus a covenant not to sue, as its actions were objectively consistent with protecting the insured's interests and the district court's finding of bad faith was clearly erroneous.
• T & T Mfg. Co. v. A. T. Cross Co.
  587 F.2d 533· 1st Cir.· 1978-11-29 ·cited 12×
  The court held that a settlement agreement, which granted a covenant not to sue for trademark infringement, was a contract right assignable under Rhode Island law, and not an assignment of trademark rights subject to abandonment principles. The court further held that the agreeme
• Leda Mae Symons v. Mueller Co.
  526 F.2d 13· 10th Cir.· 1975-10-29 ·cited 12×
  A manufacturer held liable under strict liability theory is considered in pari delicto with a party whose active negligence contributed to the injury, and thus is not entitled to indemnity from that party.
• Albert's Shoes, Inc. v. Crabtree Constr. Co., Inc.
  89 So. 2d 491· Fla.· 1956-09-12 ·cited 12×
  Albert's Shoes, Inc. leased a building damaged during demolition work performed by Crabtree Construction Co., a subcontractor. Albert's had executed a covenant not to sue Paul T. Carney, Inc. (the general contractor), but the Florida Supreme Court held that the covenant did not e
• Dudley K. Terry v. Memphis Stone & Gravel Co.
  222 F.2d 652· 6th Cir.· 1955-05-24 ·cited 11×
  A covenant not to sue the alleged agent or employee releases the principal or employer from liability under respondeat superior.
• Lary v. Mansour Ansari
  817 F.2d 1521· 11th Cir.· 1987-06-01 ·cited 10×
  The court held that res judicata barred Lary's claims against Ansari and his corporation, but collateral estoppel did not bar claims against Momeni and his corporation because the prior judgment's resolution of the fraud claim was not a necessary part of the judgment.
• United States v. Outboard Marine Corp.
  789 F.2d 497· 7th Cir.· 1986-04-22 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the government's injunctive relief action without prejudice, conditioned on the government executing a covenant not to sue for injunctive relief, to allow for immediate cleanup of hazardous waste.
• Bellefonte RE Ins. Co. v. Argonaut Ins. Co.
  757 F.2d 523· 2d Cir.· 1985-03-18 ·cited 10×
  Settlement agreements, even if procured by fraud, bar claims for rescission based on that fraud, and covenants not to sue do not entitle a party to damages for good faith litigation testing the covenant's scope.
• W. Spring Serv. Co., Inc. v. Merrill Andrew
  229 F.2d 413· 10th Cir.· 1956-01-03 ·cited 10×
  The court held that a covenant not to sue and a loan agreement with an insurer do not constitute a release of joint tortfeasors, and that a successor business entity can be liable for the predecessor's torts.
• United States v. Akzo Coatings OF Am., Inc.
  949 F.2d 1409· 6th Cir.· 1991-12-05 ·cited 9×
  The court held that the district court did not err in refusing to consider an affidavit offered outside the administrative record, and that Michigan's anti-degradation law was not an ARAR under CERCLA.
• Spectronics Corp. v. H.B. Fuller Co., Inc.
  940 F.2d 631· Fed. Cir.· 1991-07-29 ·cited 9×
  The court held that post-filing events, specifically a covenant not to sue and the pendency of a reissue patent application, mooted the actual controversy required for declaratory judgment jurisdiction. The court affirmed the dismissal for lack of jurisdiction.