Diversity Of Citizenship

615 Florida cases classified under this topic, plus 389 listed through its narrower topics · sorted by citation count · browse and sort

• 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.
• 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
• Kelly v. Kelly
  901 F. Supp. 1567· M.D. Fla.· 1995-10-11 ·cited 5×
  The court held that it lacked personal jurisdiction over the defendants because the plaintiff failed to establish sufficient minimum contacts with Florida and failed to allege tortious acts occurred within the state after his relocation.
• Foster v. The Mut. Fire
  986 F.2d 48· 3d Cir.· 1993-02-19 ·cited 5×
  The thirty-day period for removal begins when a defendant receives a writ of summons, praecipe, or complaint that provides adequate notice of federal jurisdiction.
• Barkanic v. Gen. Admin. OF Civil Aviation OF THE People's Republic OF China
  923 F.2d 957· 2d Cir.· 1991-01-14 ·cited 5×
  The court held that the Foreign Sovereign Immunities Act (FSIA) requires federal courts to apply the choice-of-law rules of the forum state, and under New York's choice-of-law analysis, Chinese law applies to limit damages in this case.
• The N. Tr. Co. v. Bunge Corp.
  899 F.2d 591· 7th Cir.· 1990-03-30 ·cited 5×·via Citizenship For Diversity Purposes
  The court held that federal diversity jurisdiction was not satisfied because the citizenship of the individual sellers, not their representative, must be considered, and not all sellers met the complete diversity and amount in controversy requirements.
• Gilbert v. Charles E. Wills, Jr., M.D.
  834 F.2d 935· 11th Cir.· 1987-12-21 ·cited 5×
  The court held that the district court correctly dismissed the action for lack of diversity jurisdiction, as the parties collusively created jurisdiction by agreement.
• Odom v. United Mine Workers OF Am. Health & Ret. Funds
  687 F.2d 843· 6th Cir.· 1982-09-01 ·cited 5×
  The court held that the denial of disability benefits was not supported by substantial evidence, as the on-the-job accident contributed to the appellant's total disability, even if it aggravated a pre-existing condition.
• Ranger Fuel Corp. v. The Youghiogheny & Ohio Coal Co.
  677 F.2d 378· 4th Cir.· 1982-03-25 ·cited 5×
  The court held that the district court lacked jurisdiction to compel arbitration because an indispensable party, Bellemead, would destroy diversity jurisdiction.
• Syms v. Castleton Indus., Inc.
  470 F.2d 1078· 5th Cir.· 1972-11-20 ·cited 5×
• Regan v. Marshall
  309 F.2d 677· 1st Cir.· 1962-11-15 ·cited 5×·via Federal Diversity Jurisdiction
  The court held that interest, regardless of its source, is excluded when calculating the jurisdictional amount in controversy for federal diversity jurisdiction.
• Feldman v. Pennroad Corp.
  155 F.2d 773· 3d Cir.· 1946-05-21 ·cited 5×
  The plaintiff is estopped by the final judgment in the Delaware proceeding from establishing the basic facts upon which her cause of action rests, thus requiring affirmance of the dismissal.
• Hancock v. Target Corp.
  2021 WL 1541511· M.D. Fla.· 2025-03-13 ·cited 4×·via Citizenship For Diversity Purposes
  The court held that the parties' pleadings failed to adequately establish diversity jurisdiction due to insufficient allegations of citizenship for individuals and entities.
• Nat'l Christmas Prods., Inc. v. OJ Commerce, LLC
  666 F. Supp. 3d 1249· S.D. Fla.· 2024-04-11 ·cited 4×
  A district court denied a defendant's motion for leave to file a sur-reply to plaintiff's response to defendant's motion to dismiss. The court held that sur-replies are only permitted in exceptional circumstances, and citing older case law in a reply does not constitute such circ
• Kelly v. Kelly
  911 F. Supp. 518· M.D. Fla.· 1995-10-25 ·cited 4×
  The court held that it lacked personal jurisdiction over the defendants because the plaintiff failed to establish sufficient minimum contacts with Florida and failed to allege that tortious acts occurred within the state.
• Bank ONE v. Montle
  964 F.2d 48· 1st Cir.· 1992-05-12 ·cited 4×
  The court held that the district court's finding of diversity jurisdiction was not supported by sufficient evidence and remanded for further factual inquiry.
• Burger King Corp. v. Thomas
  755 F. Supp. 1026· S.D. Fla.· 1991-01-28 ·cited 4×
  Venue is proper in the Southern District of Florida because the breach of contract claim, which is the predominant cause of action, arose there, and the trademark infringement claim is intertwined with it.
• Curley v. Brignoli
  915 F.2d 81· 2d Cir.· 1990-09-20 ·cited 4×
  The court held that a derivative action could be recharacterized as a class action to preserve diversity jurisdiction, and the limited partnership could be dismissed as a dispensable party.
• Nat'l Ass'n OF Realtors v. Nat'l Real Est. Ass'n, Inc.
  894 F.2d 937· 7th Cir.· 1990-02-06 ·cited 4×·via Complete Diversity Of Citizenship
  The court held that the majority's analytical approach to diversity jurisdiction, despite pragmatic concerns, is persuasive and correct.
• Personis v. Oiler
  889 F.2d 424· 2d Cir.· 1989-11-08 ·cited 4×·via Federal Diversity Jurisdiction
  A New York statute providing a sixty-day extension of the statute of limitations applies to federal court diversity suits, as it is an integral part of the state's statute of limitations.
• Knop v. McMAHAN
  872 F.2d 1132· 3d Cir.· 1989-04-19 ·cited 4×
  The court held that subject matter jurisdiction existed because diversity was present at the time of trial and judgment, and affirmed the district court's findings of fraud and breach of contract. However, it reversed the denial of prejudgment interest.
• Homart Dev. Co. v. W.T. Sigman
  868 F.2d 1556· 11th Cir.· 1989-04-05 ·cited 4×·via Federal Diversity Jurisdiction
  The court held that the conditional option contract's terms were too indefinite to support claims for specific performance or damages, and that the defendant did not waive these deficiencies.
• Torres v. Goodyear Tire & Rubber Co., Inc.
  857 F.2d 1293· 9th Cir.· 1988-09-20 ·cited 4×·via Federal Diversity Jurisdiction
  Goodyear is liable under Arizona's strict product liability law for defective tires manufactured by its subsidiary, despite not being the direct manufacturer or seller.
• R.L. Clark Drilling Contractors, Inc. v. Schramm, Inc.
  835 F.2d 1306· 10th Cir.· 1987-12-29 ·cited 4×·via Diversity Suit
  The court held that a party cannot raise a choice of law issue for the first time at the attorneys' fees stage if it was not included in the pretrial order and doing so would cause manifest injustice.
• Barrantes Cabalceta v. Standard Fruit Co.
  667 F. Supp. 833· S.D. Fla.· 1987-07-21 ·cited 4×
  Removal was proper as defendants' principal places of business were not in Florida and Dole was fraudulently joined; the case is dismissed for forum non conveniens.
• Pallazola v. Carolyn Rucker, R.N.
  797 F.2d 1116· 1st Cir.· 1986-08-01 ·cited 4×·via Citizenship For Diversity Purposes
  The court held that the district court correctly found that diversity jurisdiction had been improperly manufactured by appointing an administratrix for the purpose of creating diversity, and thus the action was properly dismissed.
• Canevero v. Rexach
  793 F.2d 417· 1st Cir.· 1986-06-16 ·cited 4×·via Federal Diversity Jurisdiction
  The court held that the district court correctly dismissed the suit as a domestic relations dispute, which is outside the scope of federal diversity jurisdiction.
• Oliney v. Gardner
  771 F.2d 856· 5th Cir.· 1985-09-20 ·cited 4×·via Citizenship For Diversity Purposes
  The court held that the district court properly dismissed the second lawsuit as duplicative and barred by res judicata, as the plaintiff attempted to circumvent jurisdictional rules by filing a second, identical suit without informing the court.
• Adeline Nadler v. Am. Motors Sales Corp.
  764 F.2d 409· 5th Cir.· 1985-07-01 ·cited 4×
  The court held that the 'reasonable use and natural wear' exception in a lease surrender covenant does not excuse the lessee from repairing or replacing equipment that deteriorates from normal wear and tear during the lease term, especially when the repair covenant is absolute.
• Bell v. United States
  754 F.2d 490· 3d Cir.· 1985-01-30 ·cited 4×
  The court held that the Federal Employee's Compensation Act (FECA) payments should not be fully deducted from no-fault benefits because the portion of FECA payments recouped by the government under subrogation rights is not a true benefit to the claimant.
• Magill v. Gulf & W. Indus., Inc.
  736 F.2d 976· 4th Cir.· 1984-06-11 ·cited 4×·via Federal Diversity Jurisdiction
  The court held that summary judgment was inappropriate because a material issue of fact existed regarding whether the seller's warranties, made "to the best of his knowledge," accurately reflected the company's financial condition.
• Tavoulareas v. Comnas
  720 F.2d 192· D.C. Cir.· 1983-10-28 ·cited 4×
  The court held that a subpoenaed appearance and testimony in the District of Columbia does not constitute an "act or omission in the District of Columbia" for purposes of the D.C. long-arm statute, and therefore cannot serve as a basis for personal jurisdiction.
• Jones v. Hadican
  552 F.2d 249· 8th Cir.· 1977-03-29 ·cited 4×
  A prisoner does not automatically acquire a new domicile upon incarceration; they must demonstrate a bona fide intention to change domicile, and mere allegations of residence are insufficient.
• Garrigan v. Giese
  553 F.2d 35· 8th Cir.· 1977-02-24 ·cited 4×
  The court affirmed the dismissal and summary judgment, holding that the appellant's claims were barred by res judicata and estoppel by judgment due to prior litigation on the same issues.
• Ara D. Blackwell v. Cities Serv. OIL Co.
  532 F.2d 1006· 5th Cir.· 1976-06-03 ·cited 4×·via Diversity Suit
  The court held that a general verdict inconsistent with jury interrogatories cannot stand.
• Sell v. Volkswagen OF Am., Inc.
  505 F.2d 953· 6th Cir.· 1974-11-21 ·cited 4×
  The court held that the district court did not err in dismissing Seaway Motors as a party defendant and in refusing to remand the cases to state court.
• Jaynes v. Manly W. Jaynes, Jr.
  496 F.2d 9· 2d Cir.· 1974-04-22 ·cited 4×
  The court held that the district court correctly dismissed the case for improper venue and lack of personal jurisdiction.
• Olen Kelly v. Ky. OAK Mining Co., Inc.
  491 F.2d 318· 6th Cir.· 1974-02-06 ·cited 4×
  The court held that the district judge committed clear error by dismissing the action sua sponte for defective jurisdictional allegations without allowing plaintiffs an opportunity to amend their complaint.
• Neeta Webb v. Robert E. Nolan, M.D.
  484 F.2d 1049· 4th Cir.· 1973-09-18 ·cited 4×
• Harris v. Lenora Pollock
  480 F.2d 42· 10th Cir.· 1973-06-11 ·cited 4×·via Federal Diversity Jurisdiction
  The court held that a federal diversity suit for equitable relief concerning estate assets is permissible even with a pending state probate proceeding, as long as the state court does not have actual possession of the disputed property.
• State OF Ga. v. City OF Chattanooga
  406 F.2d 830· 6th Cir.· 1969-02-06 ·cited 4×
  The court held that the district court erred in dismissing Georgia's complaint for lack of subject matter jurisdiction, as the seizure of property moving in interstate commerce raised substantial federal questions.
• Reid v. Ford
  405 F.2d 861· 8th Cir.· 1969-01-14 ·cited 4×
  The court held that the federal court lacked jurisdiction because the defendant failed to demonstrate complete diversity of citizenship between the plaintiffs and the defendant corporation.
• Brainin v. Melikian
  396 F.2d 153· 3d Cir.· 1968-05-03 ·cited 4×·via Federal Diversity Jurisdiction
• Kaiser v. Carroll O. Loomis
  391 F.2d 1007· 6th Cir.· 1968-03-27 ·cited 4×·via Citizenship For Diversity Purposes
  An American citizen born in a state and having parents domiciled there retains that state citizenship for diversity jurisdiction purposes, even while residing abroad, unless they acquire a new domicile.
• Travelers Indem. Co. v. Greyhound Lines, Inc.
  377 F.2d 325· 5th Cir.· 1967-05-04 ·cited 4×
  A federal court's statutory interpleader jurisdiction does not extend to enjoining suits against alleged tortfeasors, even when the insurer deposits policy limits.
• Robert v. Rafter
  355 F.2d 185· 2d Cir.· 1966-01-20 ·cited 4×·via Federal Diversity Jurisdiction
  The court held that the amount in controversy did not exceed the $10,000 jurisdictional minimum, exclusive of interest and costs.
• Neal v. Thomas Organ Co.
  325 F.2d 978· 9th Cir.· 1963-12-27 ·cited 4×
  The court held that the copyright notice placement was sufficient under the circumstances, and that the unfair competition claim required reconsideration in light of controlling precedent.
• Noel v. Kline
  325 F.2d 496· 5th Cir.· 1963-12-20 ·cited 4×
  The court held that the trial court did not err in decreeing specific performance of a settlement contract, finding jurisdiction valid and the contract enforceable despite an illegal provision.
• Janette Heisler and Helen Chase v. Parsons
  312 F.2d 172· 7th Cir.· 1962-12-28 ·cited 4×
  The court held that the district court has jurisdiction to determine the ownership of union dues checked off after a union split, even though the National Mediation Board has exclusive jurisdiction over representation disputes.