Erie Doctrine

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

• Pearson v. Ne. Airlines, Inc.
  309 F.2d 553· 2d Cir.· 1962-07-11 ·cited 56×
  A federal court sitting in New York may constitutionally apply New York's public policy regarding wrongful death recovery limits, even when the cause of action arises under a Massachusetts statute with a lower limit, provided New York has substantial contacts with the transaction
• Mosher v. Speedstar Div. OF Amca Int'l, Inc.
  52 F.3d 913· 11th Cir.· 1995-05-19 ·cited 54×
  Robert Mosher sued Speedstar for products liability injuries from a 1984 drilling rig accident, but the district court granted summary judgment based on Florida's statute of repose after the Florida Supreme Court's decision in Acosta appeared to bar his claim despite an earlier r
• Ellis v. Great Sw. Corp.
  646 F.2d 1099· 5th Cir.· 1981-06-05 ·cited 54×
  The court held that when a case is transferred under 28 U.S.C. § 1406(a) or § 1404(a) due to lack of personal jurisdiction in the transferor court, the transferee court must apply the choice of law rules of the state in which it sits.
• Rigby v. Beech Aircraft Co.
  548 F.2d 288· 10th Cir.· 1977-01-12 ·cited 54×
  The court held that the trial court did not err in instructing the jury that a product defect must render the airplane "unreasonably dangerous" for liability to attach, nor in excluding evidence related to 40-gallon fuel cells or certain exhibits concerning tests on other fuel ce
• Walker v. Van H. Savell and the Associated Press
  335 F.2d 536· 5th Cir.· 1964-08-11 ·cited 54×
  The court held that a federal court may properly consider a motion to quash service of process before ruling on a motion to remand a case to state court, and that the Associated Press's activities in Mississippi did not constitute 'doing business' under state law.
• Am. Agric. Chem. Co. v. Tampa Armature Works, Inc.
  315 F.2d 856· 5th Cir.· 1963-04-04 ·cited 54×
  The court held that it is not a dangerous or unwarranted extension of the judicial function for a court to interpret contract language in a manner consistent with state law and policy, even if it differs from a literal reading.
• Werthan Bag Corp. v. Agnew
  202 F.2d 119· 6th Cir.· 1953-02-04 ·cited 54×
  The court held that evidence of lost bonus earnings was admissible to calculate damages and that the trial judge properly considered the motion for a new trial. The court also held that under Arkansas law, a wife has no cause of action for loss of consortium due to negligent inju
• Alexander Proudfoot Co. World Headquarters L.P. v. Thayer
  877 F.2d 912· 11th Cir.· 1989-07-19 ·cited 53×
  A contractual clause consenting to personal jurisdiction is enforceable under Florida law if the defendant's actions satisfy the Florida Long-Arm Statute, even if federal law might otherwise enforce such a clause independently.
• DeVALK Lincoln Mercury, Inc. v. Ford Motor Co.
  811 F.2d 326· 7th Cir.· 1987-01-16 ·cited 53×
  The court held that the release clause in paragraph 23 of the sales agreement was unambiguous and enforceable, and that the mediation clause required a condition precedent to suit that was not met.
• Parsons v. Amerada Hess Corp.
  422 F.2d 610· 10th Cir.· 1970-02-27 ·cited 53×
  The court held that summary judgment was improper because genuine issues of material fact existed regarding the decedent's knowledge and appreciation of the specific dangers of hydrogen sulfide, and the applicability of Restatement (Second) of Torts § 343 principles.
• Franke v. Wiltschek
  209 F.2d 493· 2d Cir.· 1953-12-09 ·cited 53×
  A party who obtains secret information through a confidential relationship and uses it to their detriment incurs liability, even if the information could have been discovered by other means.
• Carita Richardson v. Richardson-Merrell, Inc.
  857 F.2d 823· D.C. Cir.· 1988-09-27 ·cited 52×
  The court held that the trial court properly granted judgment notwithstanding the verdict because the plaintiff's expert testimony lacked an adequate scientific basis to establish causation by a preponderance of the evidence.
• Ferroline Corp. v. Gen. Aniline & Film Corp.
  207 F.2d 912· 7th Cir.· 1953-10-21 ·cited 52×
  The court held that where a contract expressly addresses the subject matter of secrecy, the law will not create an implied covenant of confidentiality regarding that subject matter. Furthermore, imputation of knowledge of a breach of fiduciary duty to a third party requires convi
• Elbie Mozingo v. Correct Mfg. Corp. & G.W. Way
  752 F.2d 168· 5th Cir.· 1985-02-07 ·cited 51×
  The court held that the district court erred in granting judgment notwithstanding the verdict (JNOV) based on collateral estoppel, and that the jury's verdict against the successor corporation should be reinstated. The court affirmed the directed verdict in favor of the corporate
• Plantation KEY Developers, Inc. v. Colonial Mortg. Co. OF Ind., Inc.
  589 F.2d 164· 5th Cir.· 1979-02-06 ·cited 50×
  The court held that awarding pre-judgment interest as a matter of law was error because Florida law requires the jury to assess such interest as an element of damages. The court also affirmed the jury's verdict on the breach of contract claim and the directed verdict on the fraud
• Cemer v. Marathon OIL Co.
  583 F.2d 830· 6th Cir.· 1978-08-21 ·cited 50×
  The scope of a federal court's judgment, including dismissals under Rule 12(b)(6), is governed by federal law, specifically Rule 41(b), which dictates that such dismissals operate as adjudications on the merits and bar subsequent suits on the same cause of action.
• Paula-Beth Lashley Maher v. The City OF NEW Orleans
  516 F.2d 1051· 5th Cir.· 1975-07-31 ·cited 50×
  The court held that the Vieux Carré Ordinance is a valid exercise of police power and does not violate due process or constitute a taking, and that res judicata and collateral estoppel do not bar the federal suit.
• Alphonse CYR, Jr. v. B. Offen & Co., Inc.
  501 F.2d 1145· 1st Cir.· 1974-07-18 ·cited 50×
  The court held that New Hampshire law permits contributory negligence and assumption of risk as defenses to strict liability claims, and that a successor corporation can be held liable for its predecessor's torts if there is sufficient continuity of business operations. The court
• The Stewart Org., Inc. v. Ricoh Corp.
  810 F.2d 1066· 11th Cir.· 1987-02-23 ·cited 49×
  The court should recognize state contract law regarding forum selection clauses in diversity cases, rather than mischaracterizing the issue as solely a federal venue matter.
• Amos Lumpkin v. Ricketts
  551 F.2d 680· 5th Cir.· 1977-05-02 ·cited 49×
  A state prisoner who failed to timely challenge grand jury composition under state law must show both cause and prejudice for federal habeas review, and ineffective assistance of counsel for failing to advise of appeal rights does not constitute cause for failing to challenge the
• Christophersen v. Allied-Signal Corp.
  939 F.2d 1106· 5th Cir.· 1991-08-15 ·cited 48×
  The court's majority opinion, by reinterpreting Federal Rules of Evidence 702 and 703, effectively shifts the determination of scientific methodology disputes from juries to district judges, thereby terminating cases before trial if the methodology lacks general acceptance.
• Murphy v. Georgia-Pacific Corp.
  628 F.2d 862· 5th Cir.· 1980-10-23 ·cited 48×
  The court held that a paper company undertaking major new construction is not a statutory employer, and that evidence of inflation should be admissible for damages in a diversity case governed by state law.
• Clark v. Musick
  623 F.2d 89· 9th Cir.· 1980-07-10 ·cited 48×
  The Ninth Circuit held that 42 U.S.C. § 1983 claims arising in Oregon are subject to the six-year statute of limitations for liabilities created by statute, not the two-year limit for tort claims. The court reversed the district court's dismissal of the claims as time-barred.
• Marvine Markham v. City OF Newport News
  292 F.2d 711· 4th Cir.· 1961-06-19 ·cited 48×
  A state statute cannot prevent a plaintiff from accessing federal diversity jurisdiction to enforce a state-created right, as federal court jurisdiction is determined by federal law, not state legislative attempts to restrict it.
• Bergeron v. Mansour
  152 F.2d 27· 1st Cir.· 1945-11-23 ·cited 48×
  The court held that under Massachusetts law, a defendant may be precluded from asserting the statute of limitations as a bar if their conduct, upon which the plaintiff reasonably relied, makes it inequitable to allow the defense.
• Lloyd v. Loeffler
  694 F.2d 489· 7th Cir.· 1982-11-30 ·cited 46×
  The court held that a tort suit for interference with child custody is not barred by the domestic relations exception to diversity jurisdiction, and Wisconsin law recognizes such a tort.
• United States v. Seckinger
  408 F.2d 146· 5th Cir.· 1969-02-28 ·cited 46×
  A contract requiring a contractor to be responsible for damages resulting from its fault or negligence does not indemnify the government against the consequences of its own active negligence, even if the contractor also contributed to the injury.
• Putman v. Erie City Mfg. Co.
  338 F.2d 911· 5th Cir.· 1964-11-30 ·cited 46×
  A manufacturer or assembler of a defective product unreasonably dangerous to the user is subject to strict liability for injuries caused by the defect, even without privity of contract.
• Bryant v. Ford Motor Co.
  844 F.2d 602· 9th Cir.· 1987-11-06 ·cited 44×
  The court held that the district court lacked jurisdiction at the time of removal because the defendant failed to establish complete diversity. The court also noted disagreement with the majority's broad rule regarding Doe defendants.
• Blanchard v. Engine & GAS Compressor Servs., Inc.
  575 F.2d 1140· 5th Cir.· 1978-06-30 ·cited 44×
  The compressor buildings mounted on submersible barges were not Jones Act vessels, and the court certified the statutory employee issue to the Louisiana Supreme Court due to unclear state law.
• Becker v. Interstate Props.
  569 F.2d 1203· 3d Cir.· 1977-12-21 ·cited 44×
  The dissenting judge believes the majority erred in creating a new tort duty for contractors to select financially responsible subcontractors, predicting New Jersey courts would not adopt such a rule.
• Commonwealth Edison Co. v. Gulf OIL Corp.
  541 F.2d 1263· 7th Cir.· 1976-09-20 ·cited 44×
  The court held that the Federal Arbitration Act governs the arbitration clause despite a choice of law provision, and that the termination dispute is arbitrable. It also held that the district court correctly refused to apply Illinois law to dismiss the federal action and that th
• Huff v. White Motor Corp.
  565 F.2d 104· 7th Cir.· 1977-10-04 ·cited 42×
  A manufacturer has a duty to design a motor vehicle to avoid subjecting its users to unreasonable risks of harm when a faulty design, although not causing the collision, produces or enhances an injury received in the accident.
• Solomon v. Solomon
  516 F.2d 1018· 3d Cir.· 1975-05-02 ·cited 42×
  The court held that the assertion of a defense based on a severable visitation clause in a contract does not divest federal courts of diversity jurisdiction in a contract action, and the "domestic relations exception" does not bar such suits.
• United States v. Williams
  441 F.2d 637· 5th Cir.· 1971-04-05 ·cited 42×
  The court held that while the defendants were entitled to a jury trial on the legal issues of trespass and title, the evidence was insufficient to create a jury question, thus a directed verdict for the government was proper as to Williams. However, the court reversed and remande
• Sibaja v. DOW Chem. Co.
  757 F.2d 1215· 11th Cir.· 1985-04-16 ·cited 41×
  The court held that the doctrine of forum non conveniens is a rule of venue, not a rule of decision, and its application in a diversity case does not violate the Erie doctrine even if it alters the outcome.
• Goodwin v. Elkins & Co.
  730 F.2d 99· 3d Cir.· 1984-03-14 ·cited 41×
  A court may consider documents relied upon in a complaint on a motion to dismiss, even if not attached, if their authenticity is unchallenged.
• The Weitz Co., Inc. v. Mo-Kan Carpet, Inc.
  723 F.2d 1382· 8th Cir.· 1983-12-29 ·cited 40×
  The court held that the federal statute prescribing a federal rate of interest for post-judgment interest applies in diversity actions.
• Conway v. Chem. Leaman Tank Lines, Inc.
  540 F.2d 837· 5th Cir.· 1976-10-18 ·cited 40×
  The court held that the erroneous refusal to admit evidence of a widow's remarriage in a Texas wrongful death action is not harmless error and requires reversal, as the evidence is intertwined with state substantive law and policy.
• Jaftex Corp. v. Randolph Mills, Inc.
  282 F.2d 508· 2d Cir.· 1960-08-22 ·cited 40×
  The court held that federal courts sitting in a state cannot exercise jurisdiction over a foreign corporation unless the state has provided for such jurisdiction, absent specific federal statutory provision.
• Nat'l Distillers & Chem. Corp. v. Brad's Mach. Prods., Inc.
  666 F.2d 492· 11th Cir.· 1982-01-22 ·cited 39×
  The court held that the trial court did not abuse its discretion in denying amendments, admitting expert testimony, or in its jury instructions, and that the Robinson-Patman Act requires actual competition.
• Hayim Kalmich v. Bruno
  553 F.2d 549· 7th Cir.· 1977-04-25 ·cited 39×
  The district court correctly analyzed the issues and its judgment should be affirmed.
• Littell v. Nakai
  344 F.2d 486· 9th Cir.· 1965-04-16 ·cited 39×
  The court held that the federal district court lacked jurisdiction because the dispute involved the internal affairs of the Navajo Tribe, which fall under the exclusive jurisdiction of the Navajo Tribal Court.
• Butler v. Gualtieri
  41 F.4th 1329· 11th Cir.· 2022-07-25 ·cited 38×
  The Eleventh Circuit held that there is a genuine dispute of material fact as to whether Florida's sovereign immunity statute protects the Sheriff from liability for the state law battery claim, thus denying interlocutory appeal of that issue.
• Clements Auto Co. v. The Serv. Bureau Corp.
  444 F.2d 169· 8th Cir.· 1971-04-27 ·cited 38×
  A contract provision disclaiming warranties does not preclude liability for actionable misrepresentation under Minnesota law, even if the misrepresentations are innocent.
• Pound v. Ins. Co. OF N. Am.
  439 F.2d 1059· 10th Cir.· 1971-03-19 ·cited 38×
  The court held that the trial court correctly applied New York law to determine that the insured's death from a heart attack was not covered by the accident policy, as it was considered a sickness.
• Turnbull v. Bonkowski
  419 F.2d 104· 9th Cir.· 1969-11-24 ·cited 38×
  The court held that Alaska's statute on the computation of time does not alter the common law rule for calculating a person's age, and therefore the plaintiff's action was barred by the statute of limitations.
• Hopkins v. Lockheed Aircraft Corp.
  394 F.2d 656· 5th Cir.· 1968-05-16 ·cited 38×
  The court affirms the district court's judgment, accepting the Florida Supreme Court's advisory opinion on Florida law.
• W. S. Ranch Co. v. Kaiser Steel Corp.
  388 F.2d 257· 10th Cir.· 1967-10-12 ·cited 38×
  The court should have abstained pending a determination by the New Mexico state courts on the issue of whether private condemnation is permissible for the transportation of water for mining purposes. The federal court's decision on this matter of fundamental state public policy,
• Mrs. Mary Ellen Pritchard v. Smith
  289 F.2d 153· 8th Cir.· 1961-04-26 ·cited 38×
  A civil rights action brought under 42 U.S.C.A. § 1983 for personal injuries survives the death of the defendant tortfeasor.