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

• The Peoples Nat'l Bank v. Bryant
  774 F.2d 682· 5th Cir.· 1985-10-21 ·via Diversity Suit
  The court held that the trial court correctly applied the parol evidence rule under Texas law to reverse the jury's verdict in favor of the defendants.
• Acli Gov't Sec., Inc. v. Rhoades
  764 F.2d 1033· 4th Cir.· 1985-06-24 ·via Diversity Of Citizenship
  The court affirmed the district court's judgment, finding that Norma Rhoades had no interest in the property and upholding the sale to satisfy Daniel Rhoades' judgment.
• Bus. Buyers OF NEW England, Inc. v. Gurham
  754 F.2d 1· 1st Cir.· 1985-02-06 ·via Federal Diversity Jurisdiction
  The court held that a dismissal for lack of jurisdiction must be without prejudice, and a party cannot predicate a judgment on the falsity of its own affidavit.
• Deckers v. Kenneth W. Rose, Inc.
  592 F. Supp. 25· M.D. Fla.· 1984-08-24 ·via Diversity Of Citizenship
  The court held that the plaintiff, a member of the military, retained his Florida domicile despite residing in Georgia for a period, thus lacking the diversity of citizenship required for federal jurisdiction.
• Fidel Nieto-Santos v. Fletcher Farms
  743 F.2d 638· 9th Cir.· 1984-07-03
  The court held that a breach of contract claim, even if based on provisions mandated by federal law, does not create federal question jurisdiction absent clear congressional intent to create a federal cause of action. Furthermore, the court held that the claims did not meet the m
• State of Wis. (department of Revenue v. Md. Nat'l Bank
  734 F.2d 1015· 4th Cir.· 1984-05-22
  The district court lacked jurisdiction to inquire into the validity of a state's judgment, and thus the case should be dismissed.
• Schlomann v. Ramsdell
  720 F.2d 20· 8th Cir.· 1983-11-01
  The court held that the district court did not abuse its discretion in denying the motion for relief from judgment.
• Boudreaux v. ABC Ins. Co.
  689 F.2d 1256· 5th Cir.· 1982-10-29
  Hertz is liable under its rental agreement's implied omnibus insurance clause for damages caused by an unauthorized driver, but its liability is limited to the minimum required by Louisiana's Financial Responsibility Law.
• Fed. Ins. Co. v. The First Nat'l Bank OF Boston
  633 F.2d 978· 1st Cir.· 1980-11-18
  The court held that the plaintiff, as subrogee of the drawer, could not recover from the collecting bank for money had and received because the drawer did not establish that the check was intended for the account of the named payee, and the bank acted in accordance with the drawe
• Fla. First Nat. Bank v. Bagley
  508 F. Supp. 8· M.D. Fla.· 1980-04-10 ·via Diversity Of Citizenship
  The court held that the case was improvidently removed and lacked federal jurisdiction because the state court action was quasi in rem, requiring remand.
• Carter v. Boston OLD Colony Ins. Co.
  581 F.2d 1123· 4th Cir.· 1978-09-06 ·via Diversity Of Citizenship
  The court held that the 'stacking' of medical payments was not required under the Boston Old Colony policy due to a specific limitation clause, and that no punitive damages were warranted.
• Burdis v. The Tex. & Pac. Ry. Co.
  569 F.2d 319· 5th Cir.· 1978-03-13
  The court held that the trial court did not err in submitting the public vs. private road status to the jury, excluding photographs not listed in the pretrial order, admitting a prior state court petition, or in its jury instructions.
• Bethany Auto Sales, Inc. v. Aptco Auto Auction, Inc.
  564 F.2d 895· 9th Cir.· 1977-11-17 ·via Diversity Of Citizenship
  The court held that a plaintiff's alleged injury in the forum state, resulting from defendant's out-of-state conduct, does not establish personal jurisdiction if the damage-causing event did not occur in the forum state.
• Dudley J. Emick, Jr. v. Dairyland Ins. Co.
  519 F.2d 1317· 4th Cir.· 1975-08-06
  The court held that there was sufficient evidence to support the jury's finding of implied permission for David Ashwell to drive Sandra Wood's car. However, the court reversed the district court's decision to stack liability limits for bodily injury coverage under the Middlesex p
• Lash v. J. J. Newberry Co.
  510 F.2d 429· 2d Cir.· 1975-01-10
  The court held that the jury instructions regarding an abutter's duty to prevent ice formation from natural water runoff were erroneous, and that the instructions on the effect of violating a local ordinance were also deficient.
• Union OIL Co. OF Cal. v. Kennon Const. Co.
  502 F.2d 792· 6th Cir.· 1974-08-28
  The court affirmed the judgment against the general contractor (Kennon) for breach of contract but vacated and remanded the third-party claims against subcontractors (Derryberry and Hunt), finding Kennon's own superintendent's actions barred recovery against Derryberry and remand
• United Pac. Ins. Co. v. Cnty. OF Flathead
  499 F.2d 1235· 9th Cir.· 1974-05-24
  The court held that the engineer's final certificate of completion was binding on the parties, absent proof of fraud, bad faith, or mistake, and that subsequent agreements did not alter the obligation to pay the balance due under the contract.
• Rogers v. Hi-Way Dispatch, Inc.
  463 F.2d 587· 7th Cir.· 1972-06-15 ·via Diversity Suit
  The court held that the jury's verdict was proper and the trial court did not err in denying the defendants' motion for judgment notwithstanding the verdict.
• United Am. Life Ins. Co. v. Perillo
  462 F.2d 254· 9th Cir.· 1972-06-06
  The court held that the Perillos, as co-makers of the promissory note, remained liable for the balance due after foreclosure, even though they did not sign the mortgage and subsequent agreements were made with the property's new owners.
• Carlton Jasper Luehrs v. Utah Home Fire Ins. Co.
  450 F.2d 452· 9th Cir.· 1971-09-30
• Petty v. Somers
  437 F.2d 955· 3d Cir.· 1971-03-01 ·via Manufactured Diversity Jurisdiction
  The court held that the district court's dismissal of claims against individual defendants based on manufactured diversity was proper, and the hospital's appeal on this issue was without merit.
• Houston v. Astle
  435 F.2d 847· 3d Cir.· 1970-12-23 ·via Diversity Of Citizenship
  The court held that the district court erred by improperly restricting inquiry into the guardian's citizenship and by failing to consider whether diversity jurisdiction was artificially created.
• Nat'l Audubon Soc'y, Inc. v. Maclean Marshall
  424 F.2d 717· 5th Cir.· 1970-04-09
  The court held that the parties were entitled to share equally in the appreciated value of the trust corpus and accumulated income, adopting the district court's reasoning.
• Justice v. Consolidation Coal Co.
  421 F.2d 166· 6th Cir.· 1970-02-05 ·via Diversity Of Citizenship
  The court held that admitting testimony concerning a subsequent foot injury was not reversible error, as the district judge's opinion expressly based the adjudication on the back injury. The extent of disability in workmen's compensation cases is a question of fact, and the trial
• Crowder v. Gordons Transports, Inc.
  419 F.2d 480· 8th Cir.· 1969-12-23 ·via Federal Diversity Jurisdiction
  A settlement payment made under the Federal Employers' Liability Act (FELA) does not bar a subsequent wrongful death action under Missouri law against a joint tort-feasor, even if the FELA payment exceeds the Missouri statutory damages limit.
• Heymann v. Sears
  415 F.2d 327· 5th Cir.· 1969-08-05 ·via Federal Diversity Jurisdiction
• McALLISTER v. State OF NEW Jersey
  396 F.2d 776· 3d Cir.· 1968-06-26
  The court held that the State of New Jersey was immune from suit and that Chief Justice Weintraub was protected by judicial immunity, thus the district court properly dismissed the complaint.
• United Pac. Ins. Co. v. The Idaho First Nat'l Bank
  378 F.2d 62· 9th Cir.· 1967-05-11
  A loss caused by issuing drafts that are not in the ordinary course of business and lack sufficient funds is covered as 'false pretenses' under the bond, and is not excluded as 'forgery' unless the instrument itself is forged. A 'counterfeit' instrument is not necessarily a 'forg
• Miller v. Cnty. OF LOS Angeles
  364 F.2d 500· 9th Cir.· 1966-07-21
  The court held that the summary judgment for the appellee was proper because there was no genuine issue of material fact and the action was barred by California tax statutes.
• Forest C. Pendleton, Jr. v. Reliance Ins. Co.
  360 F.2d 167· 5th Cir.· 1966-05-10 ·via Diversity Of Citizenship
  The court affirmed the district court's grant of summary judgment for the defendant, finding no error.
• Zacharias v. Ute Marleen Ippen
  337 F.2d 445· 10th Cir.· 1964-10-21 ·via Diversity Of Citizenship
  The court held that the Wyoming non-resident motorist statute applies to accidents occurring on roads within Yellowstone National Park, even though the state does not maintain or regulate those roads.
• Pac. States Steel Corp. v. Isaacson Iron Works
  320 F.2d 645· 9th Cir.· 1963-07-06
  The court held that the trial court did not err in its findings regarding the existence of an open book account, the interpretation of the "without recourse" provision, and the allowance or disallowance of offsets, affirming the judgment below.
• Mrs. Mildred Lillibridge v. Riley
  316 F.2d 232· 5th Cir.· 1963-04-19 ·via Diversity Of Citizenship
  The court held that a prior suit dismissed for lack of diversity is a nullity and does not qualify for the Georgia Renewal Statute.
• Carwile v. Pub. Serv. Co. OF Ind., Inc.
  315 F.2d 301· 7th Cir.· 1963-04-05 ·via Diversity Of Citizenship
  Defective allegations of jurisdiction can be amended in trial or appellate courts, and a juror's potential overhearing of an unrelated conversation does not constitute prejudicial error without proof of prejudice.
• Liberty Nat'l Ins. Co. v. Reinsurance Agency, Inc.
  307 F.2d 164· 9th Cir.· 1962-06-28
  The dissenting judge holds that a rehabilitated insurance company cannot benefit from a contract while escaping its detriments, and that res judicata and nonclaim statutes do not bar the claim for earned commissions.
• Dendinger v. Md. Cas. Co.
  302 F.2d 850· 5th Cir.· 1962-05-09 ·via Federal Diversity Jurisdiction
  Insurers are not liable in solido with each other, even if their insureds are jointly negligent, and thus cannot aggregate policy limits to meet jurisdictional amount.
• Castleman v. Alamo Plaza, Inc.
  296 F.2d 521· 6th Cir.· 1961-12-15 ·via Diversity Of Citizenship
  The court held that the district court erred in dismissing the action based on an answer filed by a corporation not named as a defendant, and that the validity of service on the named defendant must be determined.
• Nathan Yorke in Bankruptcy of Abraham M. Liebling v. Frank
  295 F.2d 580· 7th Cir.· 1961-10-16 ·via Diversity Of Citizenship
  The court held that the general venue statute does not apply to actions brought by a trustee in bankruptcy under Section 70 of the Bankruptcy Act, and therefore the district court erred in dismissing a defendant for improper venue.
• THE Gray Line Co. v. THE Goodyear Tire & Rubber Co.
  280 F.2d 294· 9th Cir.· 1960-06-30
  The court held that the district court's award of damages was affirmed, but the denial of anticipatory indemnification was reversed and remanded for consideration of declaratory relief.
• Smith v. Sperling
  277 F.2d 634· 9th Cir.· 1960-04-20 ·via Diversity Of Citizenship
  The court held that the district court's dismissal of both causes of action on the merits was correct and inevitable, based on findings that the directors acted in good faith and exercised independent business judgment.
• Lewis v. Consol. Underwriters
  276 F.2d 687· 5th Cir.· 1960-04-14 ·via Diversity Of Citizenship
  The court held that the district court had diversity jurisdiction and erred in dismissing the case for want of jurisdiction based on the employer's failure to post notice under the Alabama Workmen's Compensation Law.
• Buck v. NEW York Central Railroad
  275 F.2d 292· 7th Cir.· 1960-03-01 ·via Diversity Of Citizenship
  The court held that the district court properly dismissed the case for lack of diversity jurisdiction because the plaintiff and a defendant railroad were both citizens of Illinois.
• Huang v. Young
  256 F.2d 159· 9th Cir.· 1958-06-09 ·via Diversity Of Citizenship
  The appeal is dismissed in its entirety for failure to comply with Rule 54(b) of the Federal Rules of Civil Procedure.
• Canadian Indem. Co. v. Ohio Farmers' Indem. Co. & Prudential Assurance Co. of London
  251 F.2d 563· 9th Cir.· 1958-01-15 ·via Diversity Of Citizenship
  The court held that the appealing insurance company failed to establish its claim that the underlying judgment was based solely on respondeat superior, thus failing to shift liability to other insurers.
• Engleman v. General Accident
  250 F.2d 202· 9th Cir.· 1957-12-09
  The court held that mere delay in acting on an insurance application, even with a custom of immediate rejection for unwanted coverage, does not create a contract without some affirmative act of acceptance by the insurer.
• In re The Workmen's Comp. of Feliberto Fresquez v. Farnsworth & Chambers Co., Inc.
  238 F.2d 709· 10th Cir.· 1956-11-02 ·via Diversity Of Citizenship
  A state's Workmen's Compensation Act claim is removable to federal court if diversity jurisdiction exists, and the claim is not barred by the statute of limitations.
• Carr v. Beverly Hills Corp.
  237 F.2d 323· 9th Cir.· 1956-05-23 ·via Diversity Of Citizenship
  The court held that a trial court may properly determine jurisdictional facts, including the alignment of parties, before reaching the merits of the case, especially when jurisdiction depends on those facts.
• General Accident v. Indep. Mil. AIR Transp. Ass'n
  232 F.2d 439· 9th Cir.· 1956-04-19
  The court held that circumstantial evidence can outweigh employee denials and the presumption of innocence, supporting a finding of employee dishonesty for insurance purposes.
• Todd v. Southland Broad. Co.
  231 F.2d 225· 5th Cir.· 1956-03-20 ·via Diversity Of Citizenship
  The court held that the trial court's finding that station KCIJ was the individual property of the appellees was clearly erroneous, and that directors cannot deal personally with the corporation, especially when their vote is necessary for the transaction.
• Rubelt v. Bybee
  229 F.2d 664· 9th Cir.· 1956-01-25 ·via Diversity Of Citizenship
  The court held that the trial court erred in making findings on the merits after determining it lacked jurisdiction.