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 Republic OF Indonesia v. J. R. Simplot Co.
  220 F.2d 321· 9th Cir.· 1955-03-10 ·via Diversity Of Citizenship
  The court held that 'f. o. b. Docks, Portland, Oregon' means free on board the railway cars at the docks, not on the railway platform, and thus the seller was not responsible for unloading costs.
• Nw. Nat. Bank of Minneapolis v. A. M. Cameron Co.
  210 F.2d 398· 8th Cir.· 1954-02-18 ·via Diversity Of Citizenship
  The court held that the Bank's assignments of accounts receivable were insufficient to cover future shipments because they lacked specific identification of the subject matter, and Cameron's subsequent possession and financing of operations gave him superior equitable rights.
• Boyd v. City State Bank
  210 F.2d 161· 10th Cir.· 1954-02-03 ·via Diversity Of Citizenship
  The court held that the trial court correctly denied the motion to dismiss for lack of diversity and correctly directed a verdict for the bank, as the maker of the check was liable to the bank as a holder for value, even if he was an accommodation party.
• Vaughan v. Warfield
  207 F.2d 350· 8th Cir.· 1953-10-21 ·via Diversity Of Citizenship
  The court held that the district court correctly dismissed the action for lack of jurisdiction because the claims were for monetary damages, not equitable relief concerning real property, and the prior state court judgment precluded the equitable claim.
• Tohulka v. United States
  204 F.2d 414· 7th Cir.· 1953-05-28 ·via Diversity Of Citizenship
  The court held that the District Court lacked jurisdiction to entertain a private dispute concerning the distribution of insurance proceeds, as consent to sue the government was limited to claims against it.
• Mut. Tr. Life Ins. Co. v. Tardelli
  201 F.2d 420· 1st Cir.· 1953-01-28
  The court held that the trial court's failure to instruct the jury that the beneficiary had the burden of proving the insured's good health at the time of policy delivery constituted reversible error.
• Tower Realty, Inc. v. City of E. Detroit
  196 F.2d 710· 6th Cir.· 1952-04-18 ·via Diversity Of Citizenship
  The court held that the district court erred in dismissing the case based on the real party in interest rule, as the ordinance did not require an applicant to possess leasehold rights. The court also found that Section 19 of the ordinance, which grants the mayor discretion to det
• Muth v. ÆTNA OIL Co.
  192 F.2d 1014· 7th Cir.· 1951-12-06 ·via Diversity Of Citizenship
  The court held that it had diversity jurisdiction over the case and reinstated its prior judgment.
• Jones v. Walker
  184 F.2d 839· 8th Cir.· 1950-11-07 ·via Diversity Of Citizenship
  Federal district courts lack jurisdiction over a landlord's claim for a rent increase determined by the Housing Expediter when the amount is less than $3,000 and there is no diversity of citizenship.
• Schneider v. Murphy
  183 F.2d 777· 5th Cir.· 1950-08-05 ·via Diversity Of Citizenship
  The court held that the Henderson transaction conveyed Arthur Kelley's full legal and equitable interests to himself and May Kelley Schneider as joint tenants with right of survivorship, vesting May with the entire five-sixths interest after Arthur's death, and that this transact
• Victory Cabinet Co. v. Ins. Co. of N. Am.
  183 F.2d 360· 7th Cir.· 1950-06-30 ·via Diversity Of Citizenship
  The court held that the district court properly denied the motion to remand because the suit involved separable controversies between citizens of different states, and that the plaintiff failed to establish a claim for business interruption loss due to lack of proper proof of los
• Cothren v. Evans
  172 F.2d 533· 8th Cir.· 1949-02-17 ·via Diversity Of Citizenship
  The court held that the case was properly removed to federal court because the appointed public administrator was not a necessary party and lacked a real interest in the controversy.
• Endicott v. Phillips Petroleum Co.
  172 F.2d 372· 10th Cir.· 1949-01-27 ·via Diversity Of Citizenship
  The court held that the trial court did not err in retaining jurisdiction over the controversy with Phillips Petroleum Company due to a separable controversy, and that the delay rental payment was timely made.
• Conn. Indem. Co. of New Haven v. Oliver
  172 F.2d 68· 8th Cir.· 1949-01-11 ·via Diversity Of Citizenship
  The court held that the trial court did not abuse its discretion in refusing to exercise jurisdiction over a declaratory judgment action due to the pendency of a related state court proceeding that would resolve the determinative issues.
• Foreman et ux. v. Mesirow
  167 F.2d 711· 5th Cir.· 1948-03-23 ·via Diversity Of Citizenship
• Phelps v. Hanson
  163 F.2d 973· 9th Cir.· 1947-10-23 ·via Diversity Of Citizenship
  The court held that federal question jurisdiction does not exist merely because a party's rights derive from a treaty, if there is no actual dispute between the parties regarding the treaty's construction or effect.
• Smith v. Hydro GAS Co. OF W. Fla., Inc.
  157 F.2d 809· 5th Cir.· 1946-11-14 ·via Diversity Of Citizenship
  A foreign corporation that has ceased doing business in Alabama and severed all ties cannot be sued in Alabama on a cause of action arising entirely outside the state after its withdrawal, even if it previously qualified to do business there.
• Friend v. Middle Atl. Transp. Co.
  153 F.2d 778· 2d Cir.· 1946-02-27 ·via Diversity Of Citizenship
  A defendant cannot use Federal Rule of Civil Procedure 14 to implead a third party if that party and the plaintiff are citizens of the same state and federal jurisdiction does not otherwise appear.
• Kresberg v. Int'l Paper Co.
  149 F.2d 911· 2d Cir.· 1945-06-11 ·via Federal Diversity Jurisdiction
  The court held that a Massachusetts trust, despite having corporate-like attributes, is not a "corporation" within the meaning of the statute restricting federal diversity jurisdiction for suits on certain instruments.
• Jordan v. Marks
  147 F.2d 800· 5th Cir.· 1945-02-15 ·via Diversity Of Citizenship
  The court held that the realignment of two plaintiffs as defendants was improper because it was based on anticipated future conflicts rather than the actual relief sought in the complaint.
• McCRAW v. Simpson
  141 F.2d 789· 10th Cir.· 1944-03-17 ·via Diversity Of Citizenship
  The trial court did not err in modifying its judgment to award undistributed crop rentals to the life tenant's estate, as Oklahoma law and common law principles of emblements apply.
• Morris v. Franklin Fire Ins. Co. of Philadelphia, PA
  130 F.2d 553· 9th Cir.· 1942-09-14 ·via Diversity Of Citizenship
  The court held that the district court erred in dismissing the action for lack of diversity jurisdiction, as the non-diverse defendants were not indispensable parties and should have been realigned or dismissed.
• Cohn v. Dowling
  123 F.2d 408· 6th Cir.· 1941-11-04 ·via Diversity Of Citizenship
  The federal court erred in appointing a receiver and retaining jurisdiction because the state court had prior jurisdiction over the property, and there was a potential lack of diversity of citizenship.
• ST. Louis Union Tr. Co. v. Stephens
  116 F.2d 574· 5th Cir.· 1941-01-04 ·via Federal Diversity Jurisdiction
  The court held that the amount in controversy for federal jurisdiction purposes exceeded the minimum requirement, as the total debt guaranteed was at issue, not just individual guarantor liability.