Erie Doctrine

876 Florida cases classified under this topic · sorted by citation count · browse and sort

• Hutto v. Benson
  212 F.2d 349· 6th Cir.· 1954-04-30 ·cited 6×
  The court held that Texas law, which requires exhaustion of workers' compensation remedies before suing a third party, does not toll the Tennessee statute of limitations for personal injury actions.
• White v. Purdue Pharma, Inc.
  369 F. Supp. 2d 1335· M.D. Fla.· 2005-01-26 ·cited 5×
  To establish a prima facie case under Florida's private sector Whistleblower Act (FWA), a plaintiff must prove that the activity they objected to or refused to participate in was an actual violation of a law, rule, or regulation, not merely that they reasonably believed it was.
• Ware v. United States
  971 F. Supp. 1442· M.D. Fla.· 1997-07-21 ·cited 5×
  The court found in favor of the Government, holding that the plaintiff failed to prove malicious continuation of prosecution.
• Tutor Time Child Care Sys., Inc. v. Franks Inv. Grp., Inc.
  966 F. Supp. 1188· S.D. Fla.· 1997-06-04 ·cited 5×
  The court held that Florida Statute § 768.72's pleading requirements for punitive damages conflict with the Federal Rules of Civil Procedure and therefore do not apply in federal diversity actions.
• Teel v. United Techs. Pratt & Whitney
  953 F. Supp. 1534· S.D. Fla.· 1997-02-17 ·cited 5×
  Florida Statute § 768.72, which requires a reasonable evidentiary basis before punitive damages can be pleaded, is substantive law and must be applied in federal court to state law claims to prevent forum shopping and inequitable administration of the law.
• O'Connor v. Kawasaki Motors Corp.
  699 F. Supp. 1538· S.D. Fla.· 1988-07-08 ·cited 5×
  The court held that diversity jurisdiction was proper, denied the motion to remand, granted in part and denied in part the motions to dismiss, and granted the motion to strike the prayer for interest.
• Peoples Bank OF Polk Cnty. v. Arlis L. Roberts and Nadine Roberts
  779 F.2d 1544· 11th Cir.· 1986-01-14 ·cited 5×
  A secured party's failure to provide the debtor with reasonable notice of the sale of collateral bars the secured party from obtaining a deficiency judgment.
• Raphael J. Musicus, Inc. v. Safeway Stores
  743 F.2d 503· 7th Cir.· 1984-08-30 ·cited 5×
  An action seeking damages for breach of contract, fraud, and trespass, where the trespass claim is joined with contract and fraud claims, is considered transitory for venue purposes and can be brought in a district with personal jurisdiction over the defendant.
• Roma McKinney Justice v. Pennzoil Co.
  598 F.2d 1339· 4th Cir.· 1979-05-21 ·cited 5×
  In diversity cases applying West Virginia law, the determination of whether a mineral lessee's surface use is unreasonable is a question of law for the judge, not the jury, as it is bound up with substantive property rights.
• Lowell W. Farmer and Wilma Jean Farmer v. Travelers Indem. Co.
  539 F.2d 562· 5th Cir.· 1976-09-27 ·cited 5×
  The court held that Florida law, as interpreted by Florida intermediate appellate courts, does not allow recovery under an uninsured motorist provision when the tortfeasor's liability coverage exceeds the statutory minimum, even if damages exceed that coverage.
• Coleman v. Associated Pipeline Contracttors, Inc.
  444 F.2d 737· 5th Cir.· 1971-06-18 ·cited 5×
  The court held that the contractor's duty to the child was limited to refraining from willful or wanton injury, as the embankment was not an attractive nuisance and the contractor was not a trespasser.
• Design Pallets, Inc. v. Gray Robinson, P.A.
  583 F. Supp. 2d 1282· M.D. Fla.· 2008-10-07 ·cited 4×
  Florida Statute § 768.79, which allows for recovery of attorneys' fees, applies only to state law claims and is preempted by federal law when a federal court's jurisdiction is based solely on a federal question. It does not apply when a defendant prevails only on federal claims t
• Ward v. Estaleiro Itajai S/A
  541 F. Supp. 2d 1344· S.D. Fla.· 2008-03-31 ·cited 4×
  Florida Statute § 768.72(1), which requires a preliminary showing before discovery of financial worth for punitive damages, is a procedural rule that conflicts with Federal Rule of Civil Procedure 26 and is therefore inapplicable in federal diversity actions.
• Wackenhut Servs., Inc. v. Nat'l Union Fire Ins.
  15 F. Supp. 2d 1314· S.D. Fla.· 1998-07-01 ·cited 4×
  The court held that National Union had no duty to defend Wackenhut because the underlying complaint alleged only intentional acts, which were excluded from coverage.
• Nationwide Ins. Co. v. Resseguie
  980 F.2d 226· 3d Cir.· 1992-11-17 ·cited 4×
  A request to lower underinsured motorist coverage under Pennsylvania law must be in writing from the named insured to be effective.
• The Lubrizol Corp. v. Exxon Corp. & Exxon Research & Eng'g Co.
  929 F.2d 960· 3d Cir.· 1991-04-08 ·cited 4×
  The court held that Lubrizol's claim for reformation of the settlement agreement was barred by the doctrine of claim preclusion because it arose from the same underlying events and could have been litigated in the prior Texas action.
• Curry v. Vanguard Ins. Co.
  923 F.2d 484· 6th Cir.· 1991-01-22 ·cited 4×
  The court held that Kentucky's statutory tolling provision for incarceration does not apply to private limitations periods created by insurance contracts.
• Martinez v. Asarco Inc.
  918 F.2d 1467· 9th Cir.· 1990-11-23 ·cited 4×
  A smelter operator owes an independent contractor's employee a duty to make premises reasonably safe, and a warning alone may not satisfy this duty if the operator should anticipate harm despite the warning.
• Hanley v. Forester
  903 F.2d 1030· 5th Cir.· 1990-06-20 ·cited 4×
  The court held that Florida law, not Mississippi law, should apply to the case because Florida has a more significant relationship to the accident and a stronger policy interest in highway safety. The district court erred in applying Mississippi law.
• W.R. Grace & Co. v. Cont'l Cas. Co.
  896 F.2d 865· 5th Cir.· 1990-03-06 ·cited 4×
  The court denied rehearing, holding that the arguments raised for the first time were not persuasive enough to warrant reconsideration of the choice of law determination.
• Elec. Power Bd. OF Chattanooga v. Monsanto Co.
  879 F.2d 1368· 6th Cir.· 1989-07-14 ·cited 4×
  The court affirmed the dismissal of the utilities' claims, holding that they were barred by Tennessee's statutes of limitations.
• High Plains Natural GAS Co. v. Warren Petroleum Co.
  875 F.2d 284· 10th Cir.· 1989-05-19 ·cited 4×
  A contractual limitation of remedies for breach of implied warranties under the UCC is enforceable and not void under the DTPA's 'no waiver' provision, unless the DTPA claim alleges a violation of the DTPA's 'laundry list' of deceptive practices.
• Richards v. Platte Valley Bank
  866 F.2d 1576· 10th Cir.· 1989-02-14 ·cited 4×
  The Tenth Circuit held that the trial court erred by instructing the jury on an "actual notice" standard for bank liability under the Uniform Fiduciaries Act, instead of the required "actual knowledge" or "bad faith" standard. The court found insufficient evidence to support eith
• Hershon v. Gibraltar Bldg. & Loan Ass'n, Inc.
  864 F.2d 848· D.C. Cir.· 1989-01-06 ·cited 4×
  The court held that the parol evidence rule should not be used to thwart the parties' intent when a contract is ambiguous, even if superficially clear.
• Sims Snowboards, Inc. v. Craig Kelly & the Burton Corp.
  863 F.2d 643· 9th Cir.· 1988-12-06 ·cited 4×
  A federal court in a diversity case must apply state law, including anti-injunction statutes, if that law is outcome-determinative, even if federal equitable powers might otherwise permit an injunction.
• Torres v. Goodyear Tire & Rubber Co., Inc.
  857 F.2d 1293· 9th Cir.· 1988-09-20 ·cited 4×
  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.
• Armijo v. EX CAM, Inc.
  843 F.2d 406· 10th Cir.· 1988-03-23 ·cited 4×
  The court held that a plaintiff does not state a cause of action against a handgun importer or manufacturer under the circumstances presented, and affirmed the district court's dismissal.
• Dederich Corp. v. Eurozyme S.N.C.
  839 F.2d 373· 7th Cir.· 1988-02-02 ·cited 4×
  The court held that the district court abused its discretion by applying an incorrect legal standard to determine if a dealership existed under the Wisconsin Fair Dealership Law.
• Christos N. Kritikos & E. Shipping Co. v. Palmer Johnson, Inc.
  821 F.2d 418· 7th Cir.· 1987-06-09 ·cited 4×
  The court held that while the trial court improperly relied on settlement letters to find the plaintiff responsible for delays, other evidence supported that finding, but the trial court erred in denying the plaintiff's warranty claim after the defendant sought contract enforceme
• Ledford v. Delta Airlines, Inc.
  658 F. Supp. 540· S.D. Fla.· 1987-03-31 ·cited 4×
  The court held that viewing news reports of a plane crash does not constitute direct involvement in the event, and alleged physical injuries were insufficient to support a claim for negligent infliction of emotional distress under Florida law.
• Bayou Steel Corp. v. M/V Amstelvoorn
  809 F.2d 1147· 5th Cir.· 1987-02-12 ·cited 4×
  The court held that the Bulgarians' limited contacts with Louisiana, consisting solely of vessel port calls, were insufficient to establish personal jurisdiction under the Due Process Clause, and therefore, the exercise of jurisdiction would offend traditional notions of fair pla
• Orma G. Moore v. United Servs. Auto. Assocation
  808 F.2d 1147· 5th Cir.· 1987-02-05 ·cited 4×
  The court held that Florida law prohibits the stacking of insurance policies in this case and that a direct action against the insurer is barred by Mississippi law and the policy's 'no action' clause. Claims of bad faith and fraud were also rejected.
• Seafirst Commercial Corp. v. United States Fid. & Guar. Co.
  780 F.2d 1290· 5th Cir.· 1986-01-24 ·cited 4×
  A suit by a loss payee against an insurer for failure to pay proceeds according to a loss payable clause is a 'claim' under the policy, subject to the policy's suit limitation provision.
• Powell v. OLD S. Life Ins. Co.
  780 F.2d 1265· 5th Cir.· 1986-01-22 ·cited 4×
  The court held that the insurer denied the health insurance claim without just and reasonable grounds, and affirmed the award of policy benefits, attorneys' fees, and additional fees for the appeal.
• Inryco, Inc. v. CGR Bldg. Sys., Inc.
  780 F.2d 879· 10th Cir.· 1986-01-02 ·cited 4×
  The court held that the Reimans, as shareholders, could be held personally liable for corporate debt because the corporation was inadequately capitalized at incorporation and the agent who knew of the incorporation had adverse interests to the principal.
• Hancock Labs., Inc. v. Admiral Ins. Co. & Mut. Fire
  777 F.2d 520· 9th Cir.· 1985-12-02 ·cited 4×
  The court held that the implantation of a contaminated heart valve constituted a single 'occurrence' triggering liability under the insurance policy in effect at that time, and that the award of attorneys' fees was reasonable.
• Carter v. Wash. Metro. Area Transit Auth.
  764 F.2d 854· D.C. Cir.· 1985-06-14 ·cited 4×
  The filing of a suit in a local D.C. court does not toll the statute of limitations for a suit filed in federal court if the local court initially dismissed for lack of jurisdiction but was later reversed.
• Contractor Util. Sales Co., Inc. v. Certain-Teed Corp.
  748 F.2d 1151· 7th Cir.· 1984-11-09 ·cited 4×
  The court affirmed the jury's verdict, holding that the trial court did not abuse its discretion in evidentiary rulings and that punitive damages and pre-judgment interest were properly awarded or denied under Pennsylvania law.
• Irving Pulp & Paper v. Dunbar Transfer & Storage Co., Inc.
  732 F.2d 511· 6th Cir.· 1984-04-19 ·cited 4×
  The court held that the defendant is equitably estopped from asserting the contractual limitations period due to misleading conduct, and that the defendant's negligence in storing the goods warrants liability for all damages, including market price fluctuations and storage costs
• Hasty v. Rust Eng'g Co.
  726 F.2d 1068· 5th Cir.· 1984-03-12 ·cited 4×
  The court held that the Texas architectural statute of repose (Tex. Rev. Civ. Stat. Ann. art. 5536a) is constitutional and bars the plaintiff's claim.
• Nevel A. Walters and Mrs. Delphia Walters (Nevel A. Walters v. Inexco OIL Co.
  725 F.2d 1014· 5th Cir.· 1984-03-02 ·cited 4×
  The Mississippi statutory penalty for unsuccessful appeals applies in federal diversity cases, and the rate is determined by the judgment date.
• Reid v. Life Ins. Co. OF N. Am., Inc.
  718 F.2d 677· 4th Cir.· 1983-10-12 ·cited 4×
  The court held that the policy term 'actual severance' is unambiguous and requires physical dismemberment, not functional loss of a limb due to surgery.
• Blaha v. A.H. Robins & Co.
  708 F.2d 238· 6th Cir.· 1983-06-01 ·cited 4×
  A federal court sitting in diversity must apply a Michigan court rule requiring automatic dismissal if service is not made within 180 days after filing, as this rule is an integral part of Michigan's statute of limitations.
• Powell, Inc. v. Abney
  669 F.2d 348· 5th Cir.· 1982-03-05 ·cited 4×
  An equitable lien securing part of a judgment cannot be discharged by the judgment debtor paying an amount equal to the lien into court, especially when the debtor acted inequitably.
• Nevel A. Walters and Mrs. Delphia Walters v. Inexco OIL Co.
  670 F.2d 476· 5th Cir.· 1982-02-22 ·cited 4×
  The court certified a question of Mississippi law to the Mississippi Supreme Court regarding the applicability of statutory damages on appeal.
• Ambassador Ins. Co. v. Stiles
  628 F.2d 373· 5th Cir.· 1980-10-15 ·cited 4×
  The court held that a prior state court dismissal for failure to register to do business in Florida did not have res judicata effect in federal court because the state action was later voluntarily dismissed before a final judgment was entered.
• Weston v. Globe Slicing Mach. Co.
  621 F.2d 344· 9th Cir.· 1980-06-12 ·cited 4×
  A retail seller cannot recover indemnification for attorney fees and costs from a manufacturer when the seller was not found liable to the plaintiff and incurred defense expenses primarily for its own benefit against allegations of its own wrongdoing.
• Frechette v. Welch
  621 F.2d 11· 1st Cir.· 1980-05-06 ·cited 4×
  The court held that admitting depositions without satisfying Fed.R.Civ.P. 32(a)(3) was error, but the error was harmless and did not warrant reversal.
• Duke v. Hartford Fire Ins. Co.
  617 F.2d 509· 8th Cir.· 1980-03-21 ·cited 4×
  The court held that the insured's admitted misrepresentations voided the fire insurance policy under its terms.
• Hollywood Flying Serv., Inc. v. Compass Ins. Co.
  597 F.2d 507· 5th Cir.· 1979-06-21 ·cited 4×
  The court held that the insured failed to prove the aircraft's airworthiness certificate was in full force and effect at the time of the crash, thus barring recovery under the policy exclusion.