Erie Doctrine

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

• Converse v. Gen. Motors Corp.
  893 F.2d 513· 2d Cir.· 1990-01-10
  In a federal diversity action, the state's rule for commencing an action, including its service of process requirements, governs for statute of limitations purposes, even if the action is filed before the statute expires.
• Blaser Farms, Inc. v. Anadarko Petroleum Corp. & Internorth, Inc.
  893 F.2d 259· 10th Cir.· 1990-01-04
  The court held that under Oklahoma law, equitable considerations can prevent the automatic termination of an oil and gas lease due to a shut-in royalty clause, even if it contains language of a special limitation.
• Mathis v. Nugent T. Brasher, Jr.
  891 F.2d 107· 5th Cir.· 1989-12-29
  The court held that the writings and recorded conversations sufficiently memorialized a contract entitling Mathis to 25% of interests acquired by Brasher and Bravo Resources from Humphrey in the Four Corners area.
• Ewing v. Ruml
  892 F.2d 168· 2d Cir.· 1989-12-13
  The court held that a fiduciary's broad power to invade principal for a beneficiary's 'benefit' is not limited to personal needs and that consulting an advisor does not constitute improper delegation. The court vacated a monetary award based on an erroneous interpretation of 'ben
• Mullen v. Sears
  887 F.2d 615· 5th Cir.· 1989-11-03
  Removing a suit to federal court does not relieve the plaintiff from complying with state service-of-process requirements integral to the state's statute of limitations, especially when venue was improper in the original state court.
• Ophelia B. Lindley and John J. Lindley v. George C. Hamilton, Jr., M.D.
  883 F.2d 360· 5th Cir.· 1989-09-15
  The court held that the district court properly granted summary judgment for the manufacturer as the claim was time-barred and that the judgment notwithstanding the verdict for the doctor was proper due to insufficient evidence of a breach of the standard of care.
• Paris Util. Dist. v. A.C. Lawrence Leather Co., Inc.
  861 F.2d 1· 1st Cir.· 1988-11-03
  The court held that the indemnity agreement did not clearly and unequivocally express an intent for the District to indemnify Lawrence for Lawrence's own negligence, and thus Lawrence could not recover monitoring costs.
• In re AIR Crash AT Dallas/Fort Worth Airport ON August 2 v. DELTA AIR Lines, Inc.
  856 F.2d 28· 5th Cir.· 1988-09-28
  Texas law does not recognize causes of action for minor children or a father to recover damages for mental anguish and loss of society from injuries to a mother/daughter, respectively, when the injury did not result in death.
• Williams v. United States Fid. & Guar. Co.
  854 F.2d 106· 5th Cir.· 1988-09-07
  The court held that an insurance policy exclusion barred coverage for claims based on a dram shop law violation, and Mississippi law does not recognize employer liability for an employee's intoxication-related actions off-premises and outside the scope of employment.
• Vicknair v. Sears
  857 F.2d 247· 5th Cir.· 1988-08-11
  The court held that the trial judge did not err in granting a partial directed verdict on the attractive nuisance and strict liability claims, and that the jury charge issue was not preserved for appeal.
• In re Am. Cas. Co. v. City OF Detroit
  851 F.2d 794· 6th Cir.· 1988-07-08
  The court held that the surety is liable for the contractor's breach, but the City's damages were not proven with sufficient certainty and attorney fees were properly denied.
• Travelers Ins. Co. v. Rogell Burchett
  841 F.2d 155· 6th Cir.· 1988-03-09
  The dissent argues that the majority's interpretation of 'severance' in an insurance policy is shortsighted and restricts individual claimant rights.
• Berger v. First Fed. Sav. & Loan Ass'n OF Warner Robins
  824 F.2d 400· 5th Cir.· 1987-08-18
  A secured creditor does not have a cause of action under Louisiana law against another secured creditor for alleged wrongful use of executory process, absent fraud or collusion.
• Fed. Ins. Co. v. Gates Learjet Corp.
  823 F.2d 383· 10th Cir.· 1987-06-30
  The court held that the district court erred in applying offensive collateral estoppel without considering the law of the state rendering the prior judgment, and that the statute of limitations defense was properly denied due to undue delay.
• Burns v. M.A. Gleason, Jr.
  819 F.2d 555· 5th Cir.· 1987-06-18
  The court held that Louisiana law imposes absolute liability on keepers of wild animals for injuries caused by them, and this rule applies even to animals kept in zoos.
• Ewing v. ST. Louis-Clayton Orthopedic Grp., Inc.
  790 F.2d 682· 8th Cir.· 1986-05-09
  The court held that collateral estoppel principles do not bar Ewing's common law negligence claim against the Missouri physician, but the determination of whether the physician is a protected individual under Illinois worker's compensation law should be made by the district court
• Mullins v. Biglane Operating Co.
  778 F.2d 277· 5th Cir.· 1985-12-17
  An employee's injury resulting from an accident, even if caused by employer negligence in failing to provide safety equipment, is compensable under the Mississippi Workers' Compensation Act and barred from tort action against the employer.
• Reed v. Gen. Motors Corp.
  773 F.2d 660· 5th Cir.· 1985-10-15
  The court held that admitting evidence of the amount of liability insurance carried by defendants was prejudicial error, requiring reversal and a new trial.
• Lugo v. Ford Motor Co.
  S.D. Fla.· 1985-06-18
  The court held that Florida's statute of repose for products liability actions does not violate the Florida Constitution as applied to plaintiffs, even though it significantly shortened their time to file, because they had a reasonable amount of time to access the courts.
• The Manhattan Life Ins. Co. of N.Y. v. Evanek
  762 F.2d 319· 3d Cir.· 1985-05-28
  A general separation and property settlement agreement, and a statute terminating provisions favoring a spouse upon divorce, do not extinguish a former spouse's right as a named beneficiary to life insurance proceeds under Pennsylvania law, absent an explicit waiver or the design
• White v. Lavigne
  741 F.2d 229· 8th Cir.· 1984-08-24
  A federal diversity action against state employees for malpractice is subject to the Iowa Tort Claims Act's requirement to exhaust state administrative remedies.
• Hermann v. Gen. Motors Corp.
  720 F.2d 414· 5th Cir.· 1983-11-28
  The court held that evidence and jury instructions regarding seat belt availability were permissible in a products liability case, even if non-use of seat belts is not considered contributory negligence under state law.
• The Travelers Indem. Co. v. Ewing
  711 F.2d 14· 3d Cir.· 1983-06-22
  An architectural firm is not liable in tort for failing to inform its client about the risks of contractor bankruptcy when such risks are not within the special knowledge of architects and the client is a sophisticated entity with legal counsel.
• Hamme v. Dreis & Krump Mfg. Co. v. Cole Bus. Furniture
  716 F.2d 152· 3d Cir.· 1982-04-12
  The court held that federal courts are not strictly bound by intermediate state appellate court decisions when predicting how the state's highest court would rule, especially when there is significant disagreement among lower courts or dissenting opinions.
• Blansett v. Am. Emp'rs Ins. Co.
  652 F.2d 535· 5th Cir.· 1981-08-04
  The court held that the insurance policy's language clearly limited uninsured motorist coverage to $10,000 per person per accident, regardless of the number of vehicles insured.
• Fed. Ins. Co. v. The First Nat'l Bank OF Boston
  633 F.2d 978· 1st Cir.· 1980-11-18
  The court held that the plaintiff, as subrogee of the drawer, could not recover from the collecting bank for money had and received because the drawer did not establish that the check was intended for the account of the named payee, and the bank acted in accordance with the drawe
• UTZ v. Nationwide Mut. Ins. Co. & Ruth Levick
  619 F.2d 7· 7th Cir.· 1980-04-07
  The court held that the record was insufficient to support the district court's dismissal of the insurer and the defendant, requiring a remand for further consideration of personal jurisdiction and the direct action statute.
• Walko Corp. v. Burger Chef Sys., Inc.
  568 F.2d 1389· D.C. Cir.· 1977-12-19
  The statute of limitations was not suspended during the pendency of the motion to intervene.
• McFARLING v. Azar
  519 F.2d 1075· 5th Cir.· 1975-09-19
  A doctor's professional liability insurance policy covering malpractice, error, or mistake does not cover intentional fraud committed by the doctor against a life insurance company that hired the doctor to examine an applicant.
• Faye Bolton v. The Travelers Ins. Co.
  475 F.2d 176· 5th Cir.· 1973-03-09
  A party who voluntarily submits to the district court's jurisdiction before the appearance date is considered "joined" for purposes of the statute of limitations, even if not formally named within the initial 20-day period.
• United States v. Buras
  475 F.2d 1370· 5th Cir.· 1972-12-26
  The dissenting judge argues that the court should have granted rehearing en banc and certified complex questions of Louisiana land law to the Louisiana Supreme Court. He contends that such certification is essential for obtaining an authoritative and final determination of state
• Fulginiti v. Tocco
  462 F.2d 654· 3d Cir.· 1972-05-08
  A landowner is not liable under the infant-trespasser rule for injuries to a trespassing child caused by a common object like a short piece of copper tubing, as it does not involve an unreasonable risk of serious harm.
• Federated Mut. Implement & Hardware Ins. Co. v. Bunch
  455 F.2d 247· 7th Cir.· 1972-01-13
  The court held that the insurance company's conduct, through its agents, estopped it from asserting policy cancellation for non-payment of premium, and the policy remained in force.
• Outlaw v. Louisville & Nashville R.R. Co.
  448 F.2d 1284· 6th Cir.· 1971-09-29
  The court held that the railroad crossing was a public road under Tennessee law, making the railroad liable for negligence in its maintenance, and that the jury's verdict was supported by sufficient evidence.
• Howland v. Seaks
  438 F.2d 725· 6th Cir.· 1971-02-24
  The court held that the jury charge denying the plaintiff the benefit of a rebuttable presumption of incapacity for contributory negligence was prejudicial error.
• Mrs. Nellie Myers Leisner v. Atl. Coast Line R.R. Co.
  420 F.2d 682· 5th Cir.· 1969-11-19
  The court held that maintaining an uninsulated high voltage wire 25 feet above ground does not constitute wilful or wanton injury under Georgia law, which is the standard of care owed to a licensee.
• Lumbermens Mut. Cas. Co. v. Louisville Title Ins. Co., Inc.
  414 F.2d 415· 5th Cir.· 1969-07-15
  A real estate salesman's bond, issued pursuant to Alabama statute, is a single penalty bond, not subject to multiple recoveries for each judgment against the salesman.
• Kuchenig v. The Cal. Co.
  410 F.2d 222· 5th Cir.· 1969-04-11
• Denneny v. Siegel
  407 F.2d 433· 3d Cir.· 1969-02-20
  The court held that expert medical testimony was required to establish proximate cause between the alleged negligent act (allowing unsterile clothing in the operating room) and the patient's post-operative infection, and without it, the evidence was insufficient for a jury to fin
• Kan. City Insulation Co. v. Am. Mut. Liab. Ins. Co.
  405 F.2d 53· 8th Cir.· 1968-12-11
  A comprehensive general liability insurance policy with a specific exclusion for the 'products hazard,' including completed operations, does not cover property damage claims arising from work completed by the insured contractor after the policy period, especially when the policy
• Am. Emp'rs Ins. Co. v. Carney
  391 F.2d 551· 5th Cir.· 1968-03-12
  A letter accompanying a promissory note, which is not referenced in the note itself, cannot alter the payment terms fixed in the note for the purpose of the statute of limitations.
• F. W. Woolworth Co. v. Henri A. Meis under Agreement dated December 26
  310 F.2d 350· 7th Cir.· 1962-10-22
  The court held that the landlord was not obligated to pay for the installation of a new heating unit when the prior steam service was discontinued, as the lease and surrounding evidence indicated no such intent.
• TED Price Constr. Co. v. Cascade Natural GAS Corp.
  307 F.2d 741· 9th Cir.· 1962-09-11
  A party seeking to set aside a release for fraud or duress under Washington law is not required to tender back the consideration paid for the release before commencing suit.
• Reeves v. Schulmeier
  303 F.2d 802· 5th Cir.· 1962-06-14
  The law of the matrimonial domicile governs the classification of a cause of action for personal injuries to a married woman, even if the injury occurred in a community property state.
• Food Mach. & Chem. Corp. v. Meader
  294 F.2d 377· 9th Cir.· 1961-08-25
  The court held that substantial evidence supported the jury's finding that the defendants' industrial plant emissions caused the plaintiffs' fish hatchery damages, and that the trial court did not err in admitting evidence.
• McKEAN v. W. Horace Williams Co., Inc.
  280 F.2d 267· 5th Cir.· 1960-06-28
• Riedel v. Atlas van Lines, Inc.
  272 F.2d 901· 8th Cir.· 1959-12-30
  The court held that neither Knowles nor Atlas were liable for the plaintiff's injuries because the employee, Harris, deviated from the scope of his employment by using an unauthorized vehicle for repairs, and Atlas was not exercising control over Harris at the time of the acciden
• Collins v. Cent. Foundry Co.
  263 F.2d 712· 5th Cir.· 1959-02-13
  The court affirmed the district court's judgment, holding that the plaintiff failed to prove the employee's death proximately resulted from an accident arising out of and in the course of employment.
• Hilary L. Wheat and Jessie C. Smith v. The Baltimore & Ohio R.R. Co.
  262 F.2d 289· 7th Cir.· 1959-01-12
  The court held that the plaintiffs failed, as a matter of law, to demonstrate they exercised the requisite due care and caution for their own safety, and thus could not recover for their injuries.
• Robison v. Jones
  261 F.2d 584· 8th Cir.· 1958-12-15