Erie Doctrine

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

• Crase v. Astroworld, Inc.
  941 F.2d 265· 5th Cir.· 1991-05-23 ·cited 2×
  The court held that Louisiana's one-year prescriptive period applies to tort actions filed in Louisiana federal court, barring the plaintiff's suit, and that a transfer under 28 U.S.C. § 1404(a) would not change the outcome.
• McEWEN v. DELTA AIR Lines, Inc.
  919 F.2d 58· 7th Cir.· 1990-11-28 ·cited 2×
  An employer may discharge an employee who is unable to perform their job duties, even if the employee has a pending workers' compensation claim, as this is not considered retaliatory discharge under Illinois law.
• Douglass v. DELTA AIR Lines, Inc.
  897 F.2d 1336· 5th Cir.· 1990-04-09 ·cited 2×
  The court held that the trial court erred in calculating lost inheritance by failing to account for the beneficiaries' ability to earn a return on assets, and that the awards for loss of society and companionship for the minor children were excessive under Texas law.
• Williams v. Arai Hirotake, Ltd.
  731 F. Supp. 1557· S.D. Fla.· 1990-02-16 ·cited 2×
  An unqualified release of a first tortfeasor releases all other tortfeasors unless the release expressly provides otherwise, and this rule applies even when Florida statutes appear to contradict it.
• Allstate Ins. v. Bailey
  723 F. Supp. 665· M.D. Fla.· 1989-10-13 ·cited 2×
  The court held that sexual molestation of a child is an intentional act, not an accident, and therefore falls under the intentional acts exclusion of the insurance policy, relieving the insurer of the duty to defend or indemnify.
• U.S. Fire Ins. Co. v. Beltmann N. Am. Co., Inc.
  883 F.2d 564· 7th Cir.· 1989-08-23 ·cited 2×
  The court held that a claim for retaliatory discharge under Illinois law inherently involves actual malice, which is excluded from the insurance policy's coverage for personal injury.
• Potts v. Benjamin
  882 F.2d 1320· 8th Cir.· 1989-08-21 ·cited 2×
  The court held that the exclusion of evidence regarding the plaintiff's failure to wear a seatbelt and failure to use child restraint seats was not reversible error, as the defendants failed to make an adequate offer of proof regarding causation for comparative negligence or miti
• Carrigan v. Exxon Co. U.S.A.
  877 F.2d 1237· 5th Cir.· 1989-07-11 ·cited 2×
  The court held that the Unitization Agreement abrogated the landowners' right under the original leases to require the oil company to bury its pipelines below plow depth.
• Katz v. Costa Armatori
  718 F. Supp. 1508· S.D. Fla.· 1989-04-03 ·cited 2×
  A federal court must conduct an independent two-prong analysis for fraudulent joinder: first, review the complaint for a stated cause of action, and second, examine the record under the spirit of Fed.R.Civ.P. 11 to ensure the joinder was not a sham.
• Redner v. Citrus Cnty.
  710 F. Supp. 318· M.D. Fla.· 1989-02-13 ·cited 2×
  The court held that abstention was not warranted, and granted dismissal in part for claims related to damages and statutory notice, while denying dismissal for injunctive relief and dismissing claims based on unconstitutional bond conditions and conspiracy.
• Kanawha Steel & Equip. Co. & Giant Wholesale v. Dorsey Trailers, Inc.
  856 F.2d 780· 6th Cir.· 1988-09-09 ·cited 2×
  A supplier of a defective chattel is obligated to indemnify a manufacturer who incorporates it into their product and becomes liable to a third party, provided the manufacturer relied on the supplier's care.
• Rowland v. Donald A. Patterson, M.D.
  852 F.2d 108· 4th Cir.· 1988-07-18 ·cited 2×
  The court held that for diversity jurisdiction purposes, an action is commenced on the date the federal complaint is filed, not when a state administrative claim is filed, even if the administrative filing tolls the statute of limitations.
• Walther v. Nat'l TEA Co.
  848 F.2d 518· 5th Cir.· 1988-06-21 ·cited 2×
  The court held that discharging at-will employees to prevent pension vesting does not constitute an abuse of rights under Louisiana law because the employer receives a benefit by avoiding liability.
• Tinsley v. Packard Truck Lines, Inc.
  846 F.2d 334· 5th Cir.· 1988-06-08 ·cited 2×
  A release discharging parties not specifically named therein is invalid under both Texas and Louisiana law, particularly when specific parties are typed onto a general release form.
• Hughes v. Mayo Clinic
  834 F.2d 713· 8th Cir.· 1987-12-09 ·cited 2×
  The court held that Federal Rule of Civil Procedure 3 governs the commencement date of the action, making the new state statute requiring an expert affidavit inapplicable.
• Wingo v. The Celotex Corp.
  834 F.2d 375· 4th Cir.· 1987-11-24 ·cited 2×
  The court held that Norfolk & Western Railway Company (N&W) was not entitled to indemnity from Celotex because N&W's own negligence contributed to the plaintiff's injury, falling under an exception to the general rule of indemnity for defective products.
• GUY v. Travenol Labs., Inc.
  812 F.2d 911· 4th Cir.· 1987-03-04 ·cited 2×
  A federal court sitting in diversity cannot create a state law cause of action to supplement federal statute enforcement when state law does not recognize such a claim.
• Johansen v. E.I. DU Pont de Nemours & Co.
  810 F.2d 1377· 5th Cir.· 1987-03-02 ·cited 2×
  The court held that the federal rule of civil procedure governing relation back of amended pleadings applies in diversity cases, and that the Texas UCC's four-year limitations period for warranty claims is procedural and thus applicable if the claims are recognized in the relevan
• Kindle v. Cudd Pressure Control, Inc.
  792 F.2d 507· 5th Cir.· 1986-06-20 ·cited 2×
  Parents of a deceased worker are entitled to a lump-sum death benefit payment under Louisiana law if the worker is not survived by any legal dependents as defined by Louisiana statute, regardless of whether another state awarded benefits to someone else based on different criteri
• Atlin v. Security-Connecticut Life Ins. Co. V. Nat'l Paragon Corp. V. Nilta Enters.
  788 F.2d 139· 3d Cir.· 1986-04-14 ·cited 2×
  Under Pennsylvania law, a life insurance company is required to pay prejudgment interest on policy proceeds for the period between receiving proof of death and paying the funds into court as part of an interpleader action.
• Rosenberg v. The Celotex Corp.
  767 F.2d 197· 5th Cir.· 1985-08-05 ·cited 2×
  A wrongful death claim cannot be maintained in Texas if the plaintiff lacks a valid cause of action under the substantive law of the foreign jurisdiction where the death occurred, even if Texas procedural law would otherwise permit the suit.
• Texaus Inv. Corp., N.V. v. Haendiges
  761 F.2d 252· 6th Cir.· 1985-04-26 ·cited 2×
  A municipality is not liable for negligent failure to enforce building ordinances absent a special relationship creating a specific duty to an individual.
• Cook v. G.D. Searle & Co., Inc.
  759 F.2d 800· 10th Cir.· 1985-04-15 ·cited 2×
  The court held that Colorado's statute of limitations was not tolled by the plaintiff's prior filing in Iowa, as state law governs tolling in diversity cases absent overriding federal concerns, and Colorado law disfavors tolling in such circumstances.
• Barclays Disc. Bank Ltd. v. Levy
  743 F.2d 722· 9th Cir.· 1984-09-25 ·cited 2×
  The court held that genuine issues of material fact exist regarding the banks' involvement in the diamond transactions and their knowledge of trade customs, precluding summary judgment.
• United States Through its Agency the Small Bus. Admin. v. Manuel Francis Pena v. James Trotter
  731 F.2d 8· D.C. Cir.· 1984-03-23 ·cited 2×
  The court held that the dispute over shareholder liability for loan guarantees must be resolved under District of Columbia law, and because the district court did not apply local law, the case must be remanded.
• Marti P. Tessier v. H.S. Anderson Trucking Co.
  713 F.2d 135· 5th Cir.· 1983-08-29 ·cited 2×
  The court held that a spouse cannot recover for loss of consortium resulting from a non-fatal injury to their spouse if the injury occurred before a 1982 amendment to La. Civ. Code art. 2315, as that amendment created a new substantive cause of action and cannot be applied retroa
• Haywood v. Sw. Elec. Power Co.
  708 F.2d 163· 5th Cir.· 1983-06-27 ·cited 2×
  The court held that the trial court erred in refusing to submit a special jury interrogatory on Cities Service's negligence, as the indemnity clause did not clearly and unequivocally provide for indemnity of a negligent indemnitee under Texas law.
• City of Tampa v. Titan Se. Constr. Corp.
  535 F. Supp. 163· M.D. Fla.· 1982-03-19 ·cited 2×
  The Florida Evidence Code, by defining public entities as clients and creating a lawyer-client privilege, exempts their attorney-client communications from disclosure under the Public Records Act, but not work product materials.
• Yarber v. Allstate Ins. Co.
  674 F.2d 232· 4th Cir.· 1982-03-19 ·cited 2×
  A federal court sitting in diversity must honor Virginia's venue restriction as an integral part of its statute of limitations policies when applying the state's voluntary nonsuit saving provision.
• Vandeventer v. Four Corners Elec. Co., Inc.
  663 F.2d 1016· 10th Cir.· 1981-11-04 ·cited 2×
  The court held that Colorado's borrowing statute, when applied with Colorado's choice of law principles, requires application of New Mexico's statute of limitations.
• Broussard v. S. Pac. Transp. Co.
  625 F.2d 1242· 5th Cir.· 1980-09-18 ·cited 2×
  The court held that the district court erred in granting summary judgment on the issue of gross negligence, as genuine issues of material fact existed regarding the defendant's conduct.
• Bill Voorhees Co., Inc. v. R & S Camper Sales OF Birmingham, Inc.
  605 F.2d 888· 5th Cir.· 1979-11-01 ·cited 2×
  A transferee who fails to comply with the Alabama Bulk Transfers Act's notice provisions is not personally liable to the transferor's unpaid creditors for the value of property already sold to good faith purchasers.
• Reynolds v. American-Amicable Life Ins. Co.
  591 F.2d 343· 5th Cir.· 1979-03-19 ·cited 2×
  The contingent beneficiary is entitled to the life insurance proceeds because she did not willfully bring about the insured's death, even though she acted as an accessory after the fact.
• Houston v. United States Gypsum Co.
  580 F.2d 815· 5th Cir.· 1978-09-22 ·cited 2×
  The court held that lengthwise accretions to an island extending beyond the lateral boundary of the coterminous riparian owner are not owned by the island owner, adhering to Mississippi law.
• Blevins v. Commercial Standard Ins. Cos.
  544 F.2d 967· 8th Cir.· 1976-11-16 ·cited 2×
  An excess insurer can recover defense costs from a primary insurer that wrongfully refused to defend, and a direct action against the tortfeasor's liability insurer is permissible under Arkansas law even without a prior writ of execution if the judgment remains unsatisfied for th
• Harlan Lane v. Graves
  525 F.2d 311· 8th Cir.· 1975-11-10 ·cited 2×
  The court held that the appellant's claims, primarily sounding in fraud and deceit, are subject to Arkansas's three-year statute of limitations, not the five-year period.
• Bradley v. Gen. Motors Corp.
  512 F.2d 602· 6th Cir.· 1975-03-05 ·cited 2×
  The court held that a petition for rehearing should be granted, the prior decision vacated, and the case remanded for reconsideration in light of the Tennessee Supreme Court's decision in Teeters v. Currey.
• RAY v. State Farm Mut. Auto. Ins. Co.
  498 F.2d 220· 6th Cir.· 1974-06-14 ·cited 2×
  Under Ohio law, an insurance policy's clear and unambiguous language excluding uninsured motorist coverage for owned but undescribed vehicles is effective, preventing the "stacking" of coverages from multiple policies.
• The Richland Tr. Co. v. Fed. Ins. Co.
  494 F.2d 641· 6th Cir.· 1974-03-19 ·cited 2×
  Documents containing false representations of fact, but genuine in form, are not considered counterfeit under a bankers' blanket bond.
• In re Citron Inv. Corp. & Josef A. Citron v. Emrich
  493 F.2d 561· 9th Cir.· 1974-02-19 ·cited 2×
  A bankruptcy court is not required to apply a state procedural rule, such as a statute of limitations for dismissal due to lack of prosecution, when adjudicating a debt's dischargeability under the Bankruptcy Act.
• Merrill Lynch v. Clayton
  488 F.2d 974· 5th Cir.· 1974-01-21 ·cited 2×
  The court held that an innocent gratuitous transferee is liable for the value of the property at the time of sale if it exceeds the value at the time of receipt, up to the amount of unjust enrichment.
• Universal Underwriters Ins. Co. v. PAN Am. Ins. Co.
  450 F.2d 1050· 5th Cir.· 1971-11-12 ·cited 2×
• Eisenberg v. The Flying Tiger Line, Inc.
  451 F.2d 267· 2d Cir.· 1971-10-22 ·cited 2×
  The court held that the plaintiff stockholder's action was representative, not derivative, and therefore the New York statute requiring security for costs did not apply.
• Am. Nat'l Bank & Tr. Co. OF Bowling Green v. Hartford Accident & Indem. Co.
  442 F.2d 995· 6th Cir.· 1971-05-26 ·cited 2×
  A loss caused by a materially altered check, even if involving false pretenses, is excluded from coverage under a Banker's Blanket Bond if the bond specifically excludes losses from forgery or alteration.
• Osborne v. Am. Select Risk Ins. Co.
  414 F.2d 118· 6th Cir.· 1969-07-31 ·cited 2×
  The court held that the insurer's reliance on misrepresentations in an automobile insurance application was a question of fact for the jury, particularly when the applicant's agent filled out the application.
• MacKENZIE v. The Prudential Ins. Co. OF Am.
  411 F.2d 781· 6th Cir.· 1969-06-03 ·cited 2×
  Failure to disclose a material change in health after applying for insurance constitutes a material misrepresentation sufficient to void the policy.
• Swan v. Est. of Robert Roseman Monette by Ollie Monette
  400 F.2d 274· 8th Cir.· 1968-08-14 ·cited 2×
• Muller v. Groban
  346 F.2d 263· 7th Cir.· 1965-04-08 ·cited 2×
  The court held that a genuine dispute over the place of contract performance and the applicable law regarding damages precludes dismissal for lack of jurisdictional amount based solely on the complaint.
• Waterhouse v. Hoover
  203 F.2d 171· 6th Cir.· 1953-03-31 ·cited 2×
  The court held that the district court correctly applied Ohio law as established in Elsen v. Hughes, following the mandate of Erie Railroad Co. v. Tompkins, and properly granted summary judgment.
• Neuhoff, Inc. v. Neuhoff Packing Co.
  167 F.2d 459· 6th Cir.· 1948-04-12 ·cited 2×
  The court held that the appellant's use of the name 'Neuhoff, Incorporated' and related trade names constituted constructive fraud and unfair competition, warranting injunctive relief.