Diversity Jurisdiction (28 U.S.C. § 1332)

661 Florida cases classified under this topic, plus 931 listed through its narrower topics · sorted by citation count · browse and sort

• Sims v. The Chesapeake & Ohio Ry. Co.
  520 F.2d 556· 6th Cir.· 1975-07-25 ·cited 6×·via Diversity Of Citizenship
  A shipowner cannot recover indemnity from a wharfinger for litigation expenses absent a breach of an implied warranty of workmanlike service owed by the wharfinger to the shipowner.
• Kent v. The N. Cal. Reg'l Off. OF the Am. Friends Serv. Comm.
  497 F.2d 1325· 9th Cir.· 1974-05-10 ·cited 6×·via Diversity Of Citizenship
  The court held that the district court properly dismissed the interpleader and injunctive relief actions because the trustees lacked standing and the interpleader statute's requirements were not met.
• Judge M. Mullins v. Beatrice Pocahontas Co.
  489 F.2d 260· 4th Cir.· 1974-01-04 ·cited 6×·via Diversity Of Citizenship
  The court held that the district court must determine whether diversity jurisdiction existed at the time the complaint was filed, as the record was unclear regarding the defendant corporation's principal place of business.
• Teledyne Mid-America Corp. v. HOH Corp.
  486 F.2d 987· 9th Cir.· 1973-10-31 ·cited 6×
  A creditor's retention and use of a check tendered as full satisfaction of a disputed debt constitutes an accord and satisfaction, even if the creditor protests or the acceptance was initially by an uninformed department, provided the creditor later affirms the acceptance after f
• Gibson v. Jeffers
  478 F.2d 216· 10th Cir.· 1973-05-03 ·cited 6×
  The court held that the plaintiff failed to sufficiently allege facts to establish the jurisdictional amount required for federal court jurisdiction, even after multiple amendments.
• Benton C. Sullens v. Bryant S. Carroll, Jr.
  446 F.2d 1392· 5th Cir.· 1971-07-13 ·cited 6×·via Diversity Of Citizenship
  Court-appointed counsel in federal criminal cases are immune from malpractice suits.
• Dassigienis v. Cosmos Carriers & Trading Corp.
  442 F.2d 1016· 2d Cir.· 1971-05-05 ·cited 6×
  The court held that the district court properly dismissed the seaman's action for lack of subject matter jurisdiction, as neither the Jones Act nor diversity jurisdiction applied.
• Friedman v. Golden Arrow Films, Inc.
  442 F.2d 1099· 2d Cir.· 1971-04-29 ·cited 6×·via Diversity Of Citizenship
  The court held that the fraud claim was unsupported by evidence, but the breach of contract claim could proceed, remanding for further findings on substantial performance and damages, and ordering a partnership accounting.
• Johnston v. The Cordell Nat'l Bank
  421 F.2d 1310· 10th Cir.· 1970-02-09 ·cited 6×·via Diversity Of Citizenship
  The court held that the trial court erred in considering a homestead exemption claim filed after the complaint was instituted as determinative of citizenship for diversity jurisdiction.
• Siegel v. Slaney
  419 F.2d 176· 3d Cir.· 1969-12-10 ·cited 6×·via Manufactured Diversity Jurisdiction
  The court held that dismissal of a federal diversity action based on manufactured jurisdiction was improper when the statute of limitations would bar a new state court action, causing prejudice to the parties.
• Gaetano DiPAOLA v. Int'l Terminal Operating Co., Inc.
  418 F.2d 906· 2d Cir.· 1969-11-25 ·cited 6×·via Diversity Of Citizenship
  The court held that the parties' failure to present a clear record regarding contractual relationships and the nature of the arrangement between I.T.O. and Pier 8 necessitated a remand for further proceedings to establish federal jurisdiction.
• United Milk Prods. Co. v. Lawndale Nat'l Bank OF Chicago
  392 F.2d 876· 7th Cir.· 1968-02-29 ·cited 6×
  The court held that the district court did not err in dismissing all four counts of the complaint, as the alleged negligence of the bank was not the proximate cause of the plaintiff's injury.
• Napletana v. Hillsdale Coll.
  385 F.2d 871· 6th Cir.· 1967-11-24 ·cited 6×·via Diversity Of Citizenship
  A married woman can establish a domicile separate from her husband for diversity jurisdiction purposes if she resides in a state with the intent to remain there.
• Breault v. Feigenholtz
  380 F.2d 90· 7th Cir.· 1967-06-13 ·cited 6×·via Federal Diversity Jurisdiction
  The court held that the plaintiffs failed to establish the requisite jurisdictional amount for a federal diversity action to set aside a will, as the action sought an adjudication of validity, not a money judgment, and required substantial proof of value beyond mere allegations.
• Graziano v. Pennell
  371 F.2d 761· 2d Cir.· 1967-01-06 ·cited 6×·via Federal Diversity Jurisdiction
  The court held that the plaintiff could not use New York's CPLR § 205(a) to revive a time-barred claim in federal court when a prior timely action was still pending and dismissed for reasons other than those specified in the statute.
• Lewis v. Lewis
  358 F.2d 495· 9th Cir.· 1966-03-14 ·cited 6×
  The court held that the corporations were indispensable parties and that diversity jurisdiction was lacking as to them, requiring dismissal of claims against them.
• Bruton v. Shank
  349 F.2d 630· 8th Cir.· 1965-09-03 ·cited 6×·via Diversity Of Citizenship
  The court held that the plaintiff's motion to vacate the judgment and remand the case for lack of diversity jurisdiction was properly denied because the defendant was domiciled in California at the time the action commenced, and the plaintiff's delay in raising the issue after tr
• Alpha Distrib. Co. OF Cal., Inc. v. Distillery
  304 F.2d 451· 9th Cir.· 1962-06-14 ·cited 6×·via Diversity Of Citizenship
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction.
• Wheeler v. Dell Publ'g Co.
  300 F.2d 372· 7th Cir.· 1962-03-12 ·cited 6×·via Diversity Suit
  The court held that plaintiffs were not reasonably identifiable with fictional characters in the novel and film, and thus stated no cause of action for libel or invasion of privacy. Claims were also not barred by the statute of limitations.
• Perkins v. Cingliano
  296 F.2d 567· 4th Cir.· 1961-11-13 ·cited 6×·via Diversity Of Citizenship
  A district court's order permitting a party to sue in forma pauperis does not automatically grant leave to appeal in forma pauperis.
• Phoenix Ins. Co. v. Woosley
  287 F.2d 531· 10th Cir.· 1961-02-07 ·cited 6×·via Diversity Of Citizenship
  The court held that the trial court had jurisdiction over the claims of multiple assignees who collectively met the jurisdictional amount, even if individual assignments were below that threshold.
• Brocki v. Am. Express Co.
  279 F.2d 785· 6th Cir.· 1960-06-16 ·cited 6×·via Diversity Of Citizenship
  The court held that the defendant, an unincorporated joint-stock association under New York law, could not be considered a citizen of New York for diversity jurisdiction purposes.
• Feuchtwanger Corp. v. Lake Hiawatha Fed. Credit Union
  272 F.2d 453· 3d Cir.· 1959-11-20 ·cited 6×·via Federal Diversity Jurisdiction
  The court held that a federally chartered credit union, localized to a single community, is considered a citizen of that state for diversity jurisdiction purposes. The court also held that evidence of the machinery's failure to perform as specified in the escrow agreement was rel
• Albert v. Ira B. Joralemon
  271 F.2d 236· 9th Cir.· 1959-10-19 ·cited 6×
  The court held that the lessor waived the conditions precedent for lease termination by his conduct and acquiescence, estopping him from later asserting those conditions.
• Duplisea v. Maine Central Railroad
  260 F.2d 495· 1st Cir.· 1958-10-31 ·cited 6×
  The court held that the federal district court lacked jurisdiction because the Railway Labor Act vests exclusive jurisdiction for wrongful discharge claims in the National Railroad Adjustment Board, not the courts.
• Woods v. Klobuchar
  257 F.2d 313· 7th Cir.· 1958-07-01 ·cited 6×
  The court held that a federal court in a diversity action must apply the forum state's statute of limitations, even if it bars the claim.
• Columbia Pictures Corp. v. Grengs
  257 F.2d 45· 7th Cir.· 1958-06-23 ·cited 6×·via 28 U.S.C. § 1332(A)
• Miller v. The Del.
  241 F.2d 116· 2d Cir.· 1957-02-14 ·cited 6×·via Diversity Of Citizenship
  The court held that the trial judge did not err in denying the motion for a new trial and that the verdict was supported by the evidence.
• Davis v. Ray M. Foreman & the United States
  239 F.2d 579· 7th Cir.· 1956-12-21 ·cited 6×·via Diversity Of Citizenship
  The district court did not err in dismissing the action against both the United States and Foreman.
• Virginia L. Looney et vir v. Cap. Nat'l Bank OF Austin
  235 F.2d 436· 5th Cir.· 1956-06-30 ·cited 6×·via Probate Exception To Diversity Jurisdiction
• United States v. Hendrickson
  200 F.2d 137· 7th Cir.· 1952-11-24 ·cited 6×·via Diversity Of Citizenship
  The court held that the allegedly false testimony denying liquor sales was material to the dram shop case, and therefore, the defendant could be convicted of suborning perjury based on that testimony.
• Soderstrom v. Kungsholm Baking Co., Inc.
  189 F.2d 1008· 7th Cir.· 1951-06-05 ·cited 6×·via Diversity Of Citizenship
  The court held that George Soderstrom's suit was properly dismissed for lack of diversity jurisdiction, as he was an Illinois resident, and affirmed the trial court's judgment granting John Soderstrom relief and ordering an accounting.
• Tower Realty Co. v. City of E. Detroit
  185 F.2d 590· 6th Cir.· 1950-12-15 ·cited 6×·via Diversity Of Citizenship
  The court held that federal jurisdiction was not properly established due to insufficient evidence regarding the plaintiff's independent business purpose and genuine acquisition of assets. The case was remanded for further factual development.
• Burges v. Proctor & Gamble Def. Corp.
  172 F.2d 541· 5th Cir.· 1949-02-16 ·cited 6×·via Diversity Of Citizenship
  The court held that the dismissal of the action under the doctrine of forum non conveniens was improper, and the case should be remanded for consideration of a change of venue under the new Judicial Code.
• Tademy v. Scott
  157 F.2d 826· 5th Cir.· 1946-10-23 ·cited 6×·via Diversity Of Citizenship
  The court held that a federal court sitting in Georgia must apply Georgia's statutory notice requirement for libel actions, making the plaintiff's suit premature.
• Norwood Lumber Corp. v. McKEAN
  153 F.2d 753· 3d Cir.· 1946-02-05 ·cited 6×·via Federal Diversity Jurisdiction
  A plaintiff in a diversity case need not prove damages equal to the jurisdictional amount to maintain federal jurisdiction, and the trial court erred in excluding evidence relevant to the plaintiff's damages for breach of contract.
• Oils, Inc. v. Blankenship
  145 F.2d 354· 10th Cir.· 1944-10-25 ·cited 6×·via Diversity Of Citizenship
  The court held that the trial court correctly dismissed the action for lack of jurisdiction because the action was no longer ancillary to the original proceeding after the receiver was discharged and the corporations' assets were returned to their control.
• Thomason v. Works Projects Administration
  138 F.2d 342· 9th Cir.· 1943-10-18 ·cited 6×·via Diversity Of Citizenship
  The court held that the Works Projects Administration, as an executive agency, is immune from suit, and absent diversity of citizenship, the court lacks jurisdiction over individual defendants.
• Petition of Henneman
  137 F.2d 627· 1st Cir.· 1943-08-09 ·cited 6×·via Diversity Of Citizenship
  The court held that while a writ of mandamus can compel a district court to decide issues related to removal, it cannot be used to review a remand order itself, and in this case, the district court's stated view made the writ unnecessary.
• Jeffcott v. Donovan
  135 F.2d 213· 9th Cir.· 1943-04-19 ·cited 6×·via Diversity Of Citizenship
  The court held that the District Court lacked jurisdiction because the pleadings failed to allege citizenship, only residence.
• Brown v. Coumanis
  135 F.2d 163· 5th Cir.· 1943-04-12 ·cited 6×·via Diversity Of Citizenship
  The court held that the Norris-La Guardia Act does not create federal jurisdiction for employers seeking injunctions against labor disputes, even if procedural conditions are met.
• People of State of Cal. ex rel. McCOLGAN v. Bruce
  129 F.2d 421· 9th Cir.· 1942-06-26 ·cited 6×·via Diversity Of Citizenship
  A state's action to collect its own taxes from a citizen of another state does not fall within federal court jurisdiction based on diversity of citizenship or arising under federal internal revenue laws.
• Graver Tank & Mfg. Corp. v. New England Terminal Co.
  125 F.2d 71· 1st Cir.· 1942-01-30 ·cited 6×·via Diversity Of Citizenship
  The court held that the defendant waived its venue privilege by failing to assert it seasonably, and thus the District Court had jurisdiction.
• Craig v. S. Natural Gas Co.
  125 F.2d 66· 5th Cir.· 1942-01-27 ·cited 6×·via Federal Diversity Jurisdiction
  The court held that a suit brought by a state tax collector, even with a commission, is in fact the suit of the state, thus lacking the diversity of citizenship required for federal jurisdiction.
• Connett v. City of Jerseyville
  125 F.2d 121· 7th Cir.· 1941-11-14 ·cited 6×·via Federal Diversity Jurisdiction
  The court held that it has the power to compel a municipality to perform its statutory duty to adopt a rate schedule, even if that involves a legislative function, as long as the court is not fixing the rates itself.
• U-Smc/DeMaria JV1, LLC v. PAL Env't Safety Corp.
  M.D. Fla.· 2025-02-05 ·cited 5×
  The court struck plaintiff's disclosure statement for failing to comply with Local Rule 3.03 and Fed. R. Civ. P. 7.1 because it did not adequately identify the LLC members' citizenship required to establish diversity jurisdiction. The court ordered plaintiff to file a corrected d
• Hee Jin Lowery v. AmGuard Ins. Co.
  90 F.4th 1098· 11th Cir.· 2024-01-10 ·cited 5×·via 28 U.S.C. § 1332(A)
  The Eleventh Circuit held that the district court correctly granted equitable reformation of the insurance policy due to mutual mistake and affirmed the judgment for the plaintiffs.
• Grills v. Philip Morris USA, Inc.
  645 F. Supp. 2d 1107· M.D. Fla.· 2009-08-04 ·cited 5×
  The court held that while some claims might be preempted, the plaintiff's fraud and fraudulent concealment claims, based on a duty not to deceive, are not preempted by federal law and may proceed if properly pleaded. The court also found the plaintiff failed to properly allege di
• Laney v. Am. Equity Inv. Life Ins.
  243 F. Supp. 2d 1347· M.D. Fla.· 2003-01-31 ·cited 5×
  The court held that plaintiffs may recover either surrender fees or well-managed account losses, but not statutory damages with interest or emotional distress damages. The statute of limitations issue regarding continuing torts precludes summary judgment.
• Smartt v. First Union Nat'l Bank
  245 F. Supp. 2d 1229· M.D. Fla.· 2003-01-29 ·cited 5×
  The court held that the plaintiff's claims must be dismissed for lack of subject matter jurisdiction and granted the defendants' motion for attorney's fees and costs due to vexatious litigation.