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

• Philco Corp. v. Phillips MFG. Co.
  133 F.2d 663· 7th Cir.· 1943-01-19 ·cited 32×·via Diversity Of Citizenship
  The court held that federal law governs trademark infringement and unfair competition cases involving registered trademarks used in interstate commerce, and federal courts should exercise independent judgment in interpreting the Trade-Mark Act of 1905, rather than applying state
• Deep Aggarwal v. Ponce Sch. OF Med.
  745 F.2d 723· 1st Cir.· 1984-10-04 ·cited 31×
  The court held that the district court abused its discretion by failing to consider the plaintiff's financial circumstances when setting a bond requirement under a local rule, and by relying on the ad damnum clause of the complaint.
• Chem. Eng'g Corp. v. Marlo, Inc.
  754 F.2d 331· Fed. Cir.· 1984-07-16 ·cited 31×
  The court held that it has exclusive jurisdiction over appeals involving patent law, even if diversity jurisdiction is also pleaded, and that the appeal was frivolous, warranting summary affirmance and award of attorney fees.
• Flood v. Braaten
  727 F.2d 303· 3d Cir.· 1984-01-31 ·cited 31×·via Domestic Relations Exception To Diversity Jurisdiction
  Federal courts may exercise jurisdiction to enforce compliance with the Parental Kidnapping Prevention Act (PKPA) when a state court fails to adhere to its provisions.
• Shell OIL Co. v. Frusetta
  290 F.2d 689· 9th Cir.· 1961-05-24 ·cited 31×·via Diversity Of Citizenship
  The court held that the district court did not abuse its discretion in dismissing Shell's declaratory judgment action, as it was an attempt to forum shop and avoid state court litigation.
• Grigg v. S. Pac. Co.
  246 F.2d 613· 9th Cir.· 1957-06-28 ·cited 31×·via Diversity Of Citizenship
  The court held that the trial court's finding that the consignee, Coon, had exclusive possession and control of the mules at the time of the accident was correct, thus absolving the railroad of liability.
• Fakouri v. Cadais
  147 F.2d 667· 5th Cir.· 1945-02-22 ·cited 31×·via Diversity Of Citizenship
  The court held that a nuncupative testament by public act is void if it does not expressly state on its face that the will was dictated to the notary and written down by him in the presence of the witnesses, as required by Louisiana law.
• Lynk v. LaPORTE Superior Court NO. 2
  789 F.2d 554· 7th Cir.· 1986-04-24 ·cited 30×·via Domestic Relations Exception To Diversity Jurisdiction
  The district court erred in dismissing the federal civil rights suit under the Younger doctrine because there were no pending state court proceedings in which the plaintiff could vindicate his rights.
• Margo Bouchet v. The Nat'l Urban League, Inc.
  730 F.2d 799· D.C. Cir.· 1984-03-23 ·cited 30×
  The court held that the district court properly declined pendent jurisdiction over state law claims due to their predominance and that the statute of limitations barred the state law claims, thus affirming the judgments.
• Am. Triticale, Inc. v. Nytco Servs., Inc.
  664 F.2d 1136· 9th Cir.· 1981-12-28 ·cited 30×
  The court held that American was the real party in interest, the indemnity clauses did not bar claims for intentional torts, and res judicata and collateral estoppel did not apply to preclude the suit.
• Edelson v. Soricelli
  610 F.2d 131· 3d Cir.· 1979-11-02 ·cited 30×
  A federal court may not entertain a Pennsylvania medical malpractice claim under diversity jurisdiction before the claimant has first completed state arbitration proceedings.
• Crowder v. Gordons Transports, Inc.
  387 F.2d 413· 8th Cir.· 1967-12-29 ·cited 30×·via Diversity Of Citizenship
  The court held that the amended complaint relates back to the original filing date under the Federal Rules of Civil Procedure, and thus the action was timely commenced.
• John Birch Soc'y v. Nat'l Broad. Co.
  377 F.2d 194· 2d Cir.· 1967-05-02 ·cited 30×·via Diversity Of Citizenship
  The court held that the complaints failed to establish subject matter jurisdiction due to insufficient allegations of diversity of citizenship, and the lower court did not abuse its discretion in denying leave to amend.
• Joseph v. Donover Co.
  261 F.2d 812· 9th Cir.· 1958-11-06 ·cited 30×
  The court held that the trial court's findings of fact were supported by the record and not clearly erroneous, thus affirming the dismissal of the plaintiff's cause of action.
• Sears v. ALL States Life Ins. Co.
  246 F.2d 161· 5th Cir.· 1957-06-10 ·cited 30×·via Diversity Of Citizenship
  The judgment of the trial court is affirmed. The court found no infringement of trademark or service mark rights and no unfair competition, concluding that there was no likelihood of confusion between the appellants' and appellee's businesses, despite the similarity in names. The
• Turner v. Wilson Line OF Mass., Inc.
  242 F.2d 414· 1st Cir.· 1957-03-13 ·cited 30×
  The court held that the plaintiff's claims did not arise under federal law, and the damages for pain and suffering did not meet the jurisdictional minimum.
• Bulova Watch Co., Inc. v. Steele
  194 F.2d 567· 5th Cir.· 1952-02-21 ·cited 30×·via Diversity Of Citizenship
• Okla. Natural Gas Co. v. McKEE
  121 F.2d 583· 10th Cir.· 1941-06-24 ·cited 30×·via Diversity Of Citizenship
  The court held that the evidence justified submitting the issue of contributory negligence to the jury and that the appellate court would not review the denial of a new trial based on an allegedly excessive verdict absent evidence of passion or prejudice.
• Domenico Ruggiero v. Compania Peruana de Vapores "Inca Capac Yupanqui"
  639 F.2d 872· 2d Cir.· 1981-01-15 ·cited 29×
  The Foreign Sovereign Immunities Act (FSIA) mandates that actions against foreign states, as defined by the Act, must be tried without a jury, even if jurisdiction could otherwise be based on diversity or federal question grounds.
• In re the Arb. between Reed & Martin, Inc.
  439 F.2d 1268· 2d Cir.· 1971-03-12 ·cited 29×
  The court affirmed the district court's confirmation of the arbitration award, finding no impropriety in the arbitration proceedings or the court's jurisdiction.
• Stool v. J. C. Penney Co., Inc.
  404 F.2d 562· 5th Cir.· 1968-11-18 ·cited 29×·via Federal Diversity Jurisdiction
  A covenant to repair in a lease does not impose a duty to repair until the covenantor has received notice or knowledge of the condition of disrepair, unless the lease explicitly states otherwise.
• Metro. Life Ins. Co. v. Dan A. Ditmore, M.D., & Sea Island, P.C.
  729 F.2d 1· 1st Cir.· 1984-02-24 ·cited 28×·via Diversity Of Citizenship
  The court held that summary judgment was improperly granted on claims of deceit and unfair practices, as genuine issues of material fact existed regarding misrepresentation and state of mind. The dismissal of the declaratory relief count was affirmed, but the restitution count wa
• In re Sw. Bell Tel. Co.
  542 F.2d 297· 5th Cir.· 1976-11-12 ·cited 28×·via Diversity Of Citizenship
  The court en banc affirmed the panel's decision, holding that the district court's order remanding the case was reviewable and that the district court erred in applying judicial estoppel to find a lack of diversity.
• Hoefferle Truck Sales, Inc. v. Divco-Wayne Corp.
  523 F.2d 543· 7th Cir.· 1975-10-06 ·cited 28×
  The court held that diversity jurisdiction existed for Eastland's suit and that lost profit damages for Eastland and Schmidt were improperly set aside, but delay damages for them were correctly vacated. Hoefferle's claims were properly dismissed for insufficient evidence.
• Chavez v. Freshpict Foods, Inc.
  456 F.2d 890· 10th Cir.· 1972-03-13 ·cited 28×·via Diversity Suit
  The court held that federal regulatory statutes do not create an implied private right of action unless Congress expressly intends it or a compelling federal interest exists.
• Caribbean Mills, Inc. v. Kramer
  392 F.2d 387· 5th Cir.· 1968-01-26 ·cited 28×·via Diversity Of Citizenship
• DeLONG Corp. v. The Or. State Hwy. Comm'n
  343 F.2d 911· 9th Cir.· 1965-04-12 ·cited 28×
  The court held that the State of Oregon is immune from suit in federal court under the Eleventh Amendment, and diversity jurisdiction was not established because the state is not a "citizen" for diversity purposes.
• Borror v. Sharon Steel Co.
  327 F.2d 165· 3d Cir.· 1964-01-27 ·cited 28×
  The court held that the administrator, as a statutory representative with diverse citizenship, has the capacity to sue under Rule 17(a) and that the court has jurisdiction over the wrongful death action, potentially through pendent jurisdiction with the survival action.
• Duzynski v. Nosal
  324 F.2d 924· 7th Cir.· 1963-11-21 ·cited 28×
  The court held that the defendants, acting within the scope of statutory duties related to mental health commitment proceedings, were either protected by judicial immunity or did not act under color of law for purposes of the Civil Rights Act, and that the lay defendants' actions
• Toledo v. Brotherhood OF Railroad Trainmen
  132 F.2d 265· 7th Cir.· 1942-12-16 ·cited 28×·via Diversity Of Citizenship
  The dissenting judge argued that the district court lacked jurisdiction because the controversy did not arise under federal law, and alternatively, that the plaintiff forfeited its right to injunctive relief by refusing to arbitrate.
• A.W. Hemmings v. Barian
  822 F.2d 688· 7th Cir.· 1987-06-12 ·cited 27×·via Diversity Of Citizenship
  The court held that the six-year statute of limitations for Wisconsin's RICO statute applies to federal RICO claims, and that the district court prematurely dismissed the fraud claim for lack of diversity jurisdiction.
• Advance Fin. Corp. v. Isla Rica Sales, Inc.
  747 F.2d 21· 1st Cir.· 1984-10-24 ·cited 27×
  The court held that Advance Financial Corp. (AFC) had a superior, perfected security interest in the accounts receivable from Isla Rica Sales, Inc. (Isla) because AFC properly perfected its lien under Georgia law, and Isla had notice of the assignment.
• Simon v. United States
  644 F.2d 490· 5th Cir.· 1981-05-07 ·cited 27×
  The court held that a federal court in Louisiana could exercise personal jurisdiction over an out-of-state attorney for tortious injury caused by his acts or omissions in Louisiana, even if the ultimate injury occurred elsewhere, provided those acts were a substantial factor in c
• Dorey v. Dorey
  609 F.2d 1128· 5th Cir.· 1980-01-15 ·cited 27×
  The court held that a federal court in a diversity action must give full faith and credit to a foreign money judgment, but enforcing future alimony installments is governed by the law of the enforcing state, and sanctions for discovery violations are permissible under Federal Rul
• Solomon v. Cont'l Am. Life Ins. Co.
  472 F.2d 1043· 3d Cir.· 1973-01-23 ·cited 27×·via Diversity Of Citizenship
  The court held that a district court's order transferring venue under 28 U.S.C. § 1404(a) will not be disturbed by writ of mandamus unless the court exceeded its authority or acted outside its jurisdiction, and the conditions imposed on costs were within the court's discretion.
• Mar. Elec. Co., Inc. v. United Jersey Bank
  959 F.2d 1194· 3d Cir.· 1991-12-02 ·cited 26×
  The New Jersey district court retained subject matter jurisdiction over claims related to a bankruptcy case filed in another district, and its proceedings were not automatically voided by the bankruptcy filing.
• Glickstein v. SUN Bank/Miami, N.A.
  922 F.2d 666· 11th Cir.· 1991-01-28 ·cited 26×·via Probate Exception To Diversity Jurisdiction
  The district court erred in dismissing the complaint for lack of standing and failure to exhaust probate remedies; Glickstein's subsequent appointment as personal representative cures the capacity defect, and the probate exception and exhaustion doctrines do not bar the action.
• Weeks Constr., Inc. v. Oglala Sioux Hous. Auth.
  797 F.2d 668· 8th Cir.· 1986-07-29 ·cited 26×
  The court held that the district court correctly dismissed Weeks' breach of contract action against the Oglala Sioux Housing Authority for lack of federal jurisdiction and that claims against the United States and HUD for damages over $10,000 belong exclusively in the Claims Cour
• John H. Freeman, M.D. v. Jacques Orthopaedic & Joint Implant Surgery Med. Grp., Inc.
  721 F.2d 654· 9th Cir.· 1983-12-05 ·cited 26×
  The court held that the District Court lacked subject matter jurisdiction because the plaintiff was not a participant in the ERISA plan and the alleged acts occurred before ERISA's effective date.
• R.J. Williams Co. v. Fort Belknap Hous. Auth.
  719 F.2d 979· 9th Cir.· 1983-10-31 ·cited 26×
  The court held that the district court lacked subject matter jurisdiction because the dispute requires interpretation of tribal law, which must first be decided by the tribal court. Federal question jurisdiction was denied as no federal claim was stated, and diversity jurisdictio
• Sellers v. O'Connell
  701 F.2d 575· 6th Cir.· 1983-02-28 ·cited 26×
  The court should reverse the district court's dismissal and allow amendment of jurisdictional allegations.
• Jagiella v. Waclav James Constantine Jagiella
  647 F.2d 561· 5th Cir.· 1981-06-11 ·cited 26×·via Domestic Relations Exception To Diversity Jurisdiction
  The court held that diversity jurisdiction was proper for enforcing a foreign divorce decree's arrearages and that the district court did not err in refusing to exercise jurisdiction over the appellant's counterclaim for modification and damages related to domestic issues.
• Jones v. Wittenberg Univ.
  534 F.2d 1203· 6th Cir.· 1976-04-22 ·cited 26×
  The court held that the plaintiff could not reserve the right to appeal after accepting a remittitur.
• Paz R. Hernandez v. The Travelers Ins. Co.
  489 F.2d 721· 5th Cir.· 1974-02-19 ·cited 26×·via Diversity Of Citizenship
  In a direct action by an employee against their employer's workmen's compensation insurer, the insurer is deemed a citizen of the state of which the insured employer is a citizen for diversity jurisdiction purposes.
• Va. Elec. & Power Co. v. Westinghouse Elec. Corp. & Stone & Webster Eng'g Corp.
  485 F.2d 78· 4th Cir.· 1973-06-04 ·cited 26×
  A subrogor with a retained pecuniary interest can sue for the entire loss, even if the subrogee controls the litigation and would ultimately receive most of the recovery, to avoid destroying diversity jurisdiction.
• Moor v. Madigan
  458 F.2d 1217· 9th Cir.· 1972-04-12 ·cited 26×·via Federal Diversity Jurisdiction
  The court held that a county is not a 'person' under 42 U.S.C. § 1983, and state law cannot create municipal liability under § 1988 if it contradicts federal law. It also held that pendent state claims against a municipality cannot be brought in federal court if no federal claim
• Tanzymore v. Bethlehem Steel Corp.
  457 F.2d 1320· 3d Cir.· 1972-03-29 ·cited 26×·via Diversity Of Citizenship
  A district court may determine jurisdictional facts without an evidentiary hearing if the plaintiff has had a fair opportunity to present their case.
• Simpson v. Knut Knutsen
  444 F.2d 523· 9th Cir.· 1971-06-23 ·cited 26×·via Diversity Of Citizenship
  The court held that under general maritime law, damages for loss of consortium were not recoverable, and affirmed the application of comparative negligence. The court remanded the issue of income tax deduction for reconsideration.
• Weems v. Louis Dreyfus Corp.
  380 F.2d 545· 5th Cir.· 1967-06-22 ·cited 26×·via Diversity Of Citizenship
  A case that is not removable when commenced due to the presence of a resident defendant does not become removable when that defendant is dismissed by an involuntary act, such as a directed verdict.
• Miller v. Cnty. OF LOS Angeles
  341 F.2d 964· 9th Cir.· 1965-02-27 ·cited 26×
  The court held that allegations of a due process violation arising from a tax sale are sufficient to invoke federal question jurisdiction, even if diversity jurisdiction is lacking.