Erie Doctrine

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

• Hold v. Manzini
  736 So. 2d 138· Fla. 3d DCA· 1999-06-30 ·cited 37×
  The Holds sued their former attorneys, Manzini firm, for legal malpractice, claiming the firm negligently advised them that Florida's offer of judgment statute did not apply to their federal diversity case, resulting in $100,000+ in attorney's fees. The trial court granted summar
• Gaylon H. McGOWAN ad Prosequendum of the Estate of McGowan v. Univ. OF Scranton
  759 F.2d 287· 3d Cir.· 1985-04-12 ·cited 36×
  The court held that the discovery rule may apply to toll the statute of limitations for wrongful death and survival actions under 42 Pa.Cons.Stat.Ann. § 5524(2), as its language referring to 'accrual' is ambiguous and distinct from prior statutes triggered by 'death'.
• Atkins v. Schmutz Mfg. Co.
  435 F.2d 527· 4th Cir.· 1970-12-10 ·cited 36×
  The court held that the Virginia statute of limitations did not bar the plaintiff's suit because it was a continuation of a timely filed Kentucky action.
• Glenn Earl Coulter and wife v. Sears
  426 F.2d 1315· 5th Cir.· 1970-05-13 ·cited 36×
  The court held that a manufacturer can be subject to personal jurisdiction in a state where its product causes injury, even if it has no direct contacts with the state, provided it places the product into the stream of commerce with the knowledge that it will be resold and used t
• Cain v. Secretary of Health
  377 F.2d 55· 4th Cir.· 1967-04-21 ·cited 36×
  The court held that the Secretary was not bound by an ex parte state court order voiding a divorce decree and that the claimant was barred by laches from challenging the divorce.
• Esfeld v. Costa Crociere
  289 F.3d 1300· 11th Cir.· 2002-04-30 ·cited 35×
  Three elderly couples injured during a guided van tour in Vietnam while on a cruise operated by Costa Crociere sued in federal court under diversity jurisdiction after their cases were dismissed from Florida state court on forum non conveniens grounds. The district court applied
• FMC Fin. Corp. v. Murphree
  632 F.2d 413· 5th Cir.· 1980-12-08 ·cited 35×
  The court held that the warranty disclaimer in the lease was conspicuous and valid, but that the issue of whether FMC Finance and FMC Corporation should be treated as a single entity under the piercing the corporate veil doctrine presented a jury question.
• Arceneaux v. Texaco, Inc.
  623 F.2d 924· 5th Cir.· 1980-07-25 ·cited 35×
  The court held that evidence of apparent authority and warranty through advertising was inadmissible without proof of plaintiff's reliance, and post-accident design changes were irrelevant to prove negligent design.
• Nobs Chem. v. Koppers Co., Inc.
  616 F.2d 212· 5th Cir.· 1980-05-02 ·cited 35×
  The court held that the lost profits measure of damages under UCC § 2.708(b) was appropriate, and that a lost quantity discount did not constitute recoverable incidental or consequential damages for the seller.
• Davis v. Piper Aircraft Corp.
  615 F.2d 606· 4th Cir.· 1980-01-02 ·cited 35×
  The court held that North Carolina law, which requires qualification as a personal representative and filing of a complaint within two years for wrongful death actions, should be applied in federal court, making the action time-barred.
• Hatley v. The Am. Quarter Horse Ass'n
  552 F.2d 646· 5th Cir.· 1977-05-19 ·cited 35×
  The court held that the AQHA's refusal to register the horse did not violate antitrust laws, but that the denial of a hearing on the registration decision violated Texas due process rights.
• Collins Radio Co. v. Ex-Cell-O Corp.
  467 F.2d 995· 8th Cir.· 1972-10-18 ·cited 35×
  The Federal Arbitration Act governs the validity of arbitration clauses in interstate commerce contracts, superseding conflicting state arbitration laws, and a stay of proceedings pending arbitration is within the trial court's discretion.
• Roberts v. Magnetic Metals Co.
  611 F.2d 450· 3d Cir.· 1979-11-14 ·cited 34×
  The six-year statute of limitations applicable to common law fraud claims in New Jersey governs the federal securities fraud claim at issue.
• Miller-Davis Co. v. Ill. State Toll Hwy. Auth.
  567 F.2d 323· 7th Cir.· 1977-11-02 ·cited 34×
  The court held that abstention was improper because the issue of sovereign immunity is jurisdictional and not a merits question suitable for abstention. The court further held that the Illinois State Toll Highway Authority is not the alter ego of the state and thus not protected
• Bess C. Boyd v. Bowman
  443 F.2d 848· 5th Cir.· 1971-05-17 ·cited 34×
  The court certified a question of Florida law to the Florida Supreme Court regarding insurance coverage for a husband operating his wife's vehicle under his own policy.
• Parke-Davis & Co. v. Stromsodt
  411 F.2d 1390· 8th Cir.· 1969-06-09 ·cited 34×
  The court affirmed the trial court's judgment, holding that there was sufficient evidence to support findings of proximate causation, breach of implied warranty, and negligence.
• Eusebio M. Martinez v. Rodriquez
  410 F.2d 729· 5th Cir.· 1969-04-29 ·cited 34×
  A father suing for his minor daughter's death is barred by the mother's contributory negligence, even if the father had no knowledge of it.
• Delduca v. United States Fid. & Guar. Co.
  357 F.2d 204· 5th Cir.· 1966-03-01 ·cited 34×
  A materialman's suit against a surety on a public works bond is governed by the three-year statute of limitations for liabilities created by statute, not the twenty-year period for contracts under seal.
• Delray Beach Aviation Corp. & Bert Boldt v. Mooney Aircraft, Inc.
  332 F.2d 135· 5th Cir.· 1964-05-06 ·cited 34×
  A foreign corporation engaging in business in Florida through a distributor with significant control over the distributor's operations is subject to Florida's long-arm statute for service of process.
• In re Inez Jeanette Lewis. Inez Jeanette Lewis v. Sears
  845 F.2d 624· 6th Cir.· 1988-04-27 ·cited 33×
  The court held that a district court, in deciding an equitable claim for reinstatement, is bound by a jury's factual findings on an accompanying legal claim, and that attorney's fees should not be reduced based on partial relief when the plaintiff has prevailed overall.
• The Fid. & Cas. Co. OF NEW York v. C/B MR. KIM
  345 F.2d 45· 5th Cir.· 1965-05-14 ·cited 33×
  A statutory subrogee seeking reimbursement from a tortious third party may maintain a libel filed after the state prescriptive period if the equitable doctrine of laches does not bar the claim due to lack of prejudice.
• Factors ETC., Inc. v. PRO Arts, Inc.
  652 F.2d 278· 2d Cir.· 1981-06-29 ·cited 32×
  A federal court exercising diversity jurisdiction should defer to a prior ruling by the court of appeals for the circuit in which the state is located, interpreting that state's law, unless there is clear evidence that the state's highest court would rule differently.
• The Mont. Power Co. v. Fed. Power Comm'n
  445 F.2d 739· D.C. Cir.· 1970-07-15 ·cited 32×
  The dissenting opinion argues that section 28 of the Federal Water Power Act of 1920, which protects existing licenses from subsequent amendments, should prevent the Federal Power Commission from unilaterally altering the arbitration clause for rental readjustments in the Montana
• Gaines Ted Huson v. Chevron OIL Co.
  430 F.2d 27· 5th Cir.· 1970-07-14 ·cited 32×
  The court held that the Louisiana one-year statute of limitations does not bar the plaintiff's claim, and the doctrine of laches applies instead.
• Mass. Mut. Life Ins. Co. v. Brei
  311 F.2d 463· 2d Cir.· 1962-11-20 ·cited 32×
  The court affirmed the judgment, but the concurring judge would not rule on the merits of excluding the decedent's statement due to a failure to preserve the issue for appeal.
• Manetti-Farrow, Inc. v. Gucci Am., Inc.
  858 F.2d 509· 9th Cir.· 1988-09-28 ·cited 31×
  The court held that the forum selection clause in the contract applied to the tort claims, and that federal law governs the interpretation and enforcement of such clauses.
• Pennzoil Co. v. Fed. Energy Regulatory Comm'n
  789 F.2d 1128· 5th Cir.· 1986-05-14 ·cited 31×
  The court held that the Federal Energy Regulatory Commission (FERC) fundamentally misconstrued this Court's prior decision in Pennzoil by misapplying the Order 23 presumption and failing to properly construe contract language under state law.
• Gen. Elec. Co. & Elec. Mut. Liab. Ins. Co. v. Cuban Am. Nickel Co.
  396 F.2d 89· 5th Cir.· 1968-02-07 ·cited 31×
• Am. Triticale, Inc. v. Nytco Servs., Inc.
  664 F.2d 1136· 9th Cir.· 1981-12-28 ·cited 30×
  The court held that American was the real party in interest, the indemnity clauses did not bar claims for intentional torts, and res judicata and collateral estoppel did not apply to preclude the suit.
• Alonzo v. ACF Prop. Mgmt., Inc.
  643 F.2d 578· 9th Cir.· 1981-03-09 ·cited 30×
  Federal Rule of Civil Procedure 6(a) does not apply to toll the statute of limitations in a diversity case when the last day to file falls on a holiday; state law governs the computation of time for statutes of limitations. The case is remanded for determination of whether a Pres
• Hawley K. Challoner v. DAY & Zimmermann, Inc.
  512 F.2d 77· 5th Cir.· 1975-04-24 ·cited 30×
  The court held that Texas substantive law, including strict liability principles, was correctly applied to a case involving a defective artillery shell manufactured in Texas, despite the explosion occurring in Cambodia.
• Bettes v. Stonewall Ins. Co.
  480 F.2d 92· 5th Cir.· 1973-04-17 ·cited 30×
  The dissenting judge argues that the plaintiff should be granted a reversal because the trial court improperly refused to amend the pretrial order to include the issue of the insurer's compliance with Texas Insurance Code Article 21.17. This statute requires an insurer to provide
• Abc-Paramount Records, Inc. v. Topps Record Distrib. Co., Inc.
  374 F.2d 455· 5th Cir.· 1967-03-22 ·cited 30×
  The court held that the jury's award of compensatory damages was supported by sufficient evidence, but that the trial court erred in excluding the issue of punitive damages from the jury's consideration.
• United States v. Certain Prop. Located IN the Borough OF Manhattan
  344 F.2d 142· 2d Cir.· 1965-04-02 ·cited 30×
  The court held that federal condemnation proceedings should apply state property law to determine what constitutes a 'taking,' and that tenants are entitled to compensation for trade fixtures that are part of the real property under state law, even if the government argues for a
• Chapin v. United States
  258 F.2d 465· 9th Cir.· 1958-06-30 ·cited 30×
  The court held that a soldier traveling on a permanent change of station is not acting within the scope of his employment under California law, and therefore the United States is not liable for his negligence during such travel.
• Beneficial Indus. Loan Corp. (Cohen v. Smith
  170 F.2d 44· 3d Cir.· 1948-09-22 ·cited 30×
  The court held that the order denying the corporation's motion to require security from the plaintiff in a stockholders' derivative suit is appealable. The court further held that the New Jersey statute requiring such security is applicable in federal court.
• FL Aerospace v. AETNA Cas. & Sur. Co.
  897 F.2d 214· 6th Cir.· 1990-03-01 ·cited 29×
  The court held that the pollution exclusion provision in the insurance policy bars recovery because the damage was not caused by a 'sudden and accidental' discharge, release, dispersal, or escape of pollutants.
• Martin v. Nelson Stokes t/a Nelson Stokes Garage and Allen R. Lisenby
  623 F.2d 469· 6th Cir.· 1980-06-19 ·cited 29×
  The choice of state law in a transferred diversity action depends on the nature of the transfer: a § 1404(a) transfer applies the transferor court's law, while a § 1406(a) transfer applies the transferee court's law.
• Hackbart v. Cincinnati Bengals, Inc.
  601 F.2d 516· 10th Cir.· 1979-06-11 ·cited 29×
  The court held that tort law applies to intentional injuries sustained during professional football games, and a claim for reckless disregard of safety is cognizable, subject to a six-year statute of limitations.
• Brown v. Moore
  247 F.2d 711· 3d Cir.· 1957-06-27 ·cited 29×
  The court held that a for-profit sanitarium, by holding itself out as providing medical treatment through its staff, is liable under respondeat superior for the malpractice of its employed physician, even if that physician is considered an independent contractor in other contexts
• Seese v. Volkswagenwerk A. G.
  648 F.2d 833· 3d Cir.· 1981-04-27 ·cited 28×
  The court held that North Carolina law does not recognize strict liability in tort for product defects, but does allow recovery for enhanced injuries under a crashworthiness theory. The exclusion of seat belt evidence was proper.
• Excel Handbag Co., Inc. v. Edison Bros. Stores, Inc.
  630 F.2d 379· 5th Cir.· 1980-11-14 ·cited 28×
  The court held that sufficient evidence existed to allow a jury to consider punitive damages for the conversion of goods, but that the evidence was insufficient to support a commercial bribery defense or an antitrust counterclaim based on bribery.
• Hanson v. AETNA Life & Cas.
  625 F.2d 573· 5th Cir.· 1980-09-04 ·cited 28×
  The court held that the plaintiff's claims for negligence and trespass, based on the insurer's denial of benefits, were not legally cognizable torts under Georgia law and affirmed the dismissal of these claims. The court vacated and remanded the dismissal of the fraud claim due t
• In re Abrams
  521 F.2d 1094· 3d Cir.· 1975-06-30 ·cited 28×
  The court held that federal courts should generally impose the same sanctions as state courts when disciplinary action is based on state proceedings, absent exceptional circumstances.
• Edwards v. The Associated Press
  512 F.2d 258· 5th Cir.· 1975-04-25 ·cited 28×
  The court held that the Mississippi long-arm statute, as amended, confers jurisdiction over the Associated Press for a libelous tort committed in part within the state, and that exercising such jurisdiction does not offend due process.
• Keystone Aeronautics Corp. v. R. J. Enstrom Corp.
  499 F.2d 146· 3d Cir.· 1974-06-26 ·cited 28×
  A freely negotiated and clearly expressed waiver of strict liability under § 402A is permissible between business entities of equal bargaining strength, but the language used must be sufficiently particular to demonstrate this intent.
• Bryan v. Royce Kershaw
  366 F.2d 497· 5th Cir.· 1966-09-27 ·cited 28×
  The court held that a former employee's breach of confidence regarding trade secrets can be enjoined even after the product is publicly disclosed, and that a subsequent employer who benefits from this breach can also be enjoined. Furthermore, federal rules of pleading govern the
• Radio Shack Corp. v. Radio Shack, Inc.
  180 F.2d 200· 7th Cir.· 1950-02-28 ·cited 28×
  The court held that Illinois law does not bar a plaintiff from seeking an injunction against an Illinois corporation pirating its trade name, even if the defendant is a domestic corporation and the plaintiff is foreign, when direct competition and confusion are present.
• Collins v. Countrywide Home Loans, Inc.
  680 F. Supp. 2d 1287· M.D. Fla.· 2010-01-05 ·cited 27×
  The court held that the fraud and negligent misrepresentation claims were insufficiently pleaded, the jury trial waiver was enforceable, but the breach of fiduciary duty and negligence claims could proceed.
• A.W. Hemmings v. Barian
  822 F.2d 688· 7th Cir.· 1987-06-12 ·cited 27×
  The court held that the six-year statute of limitations for Wisconsin's RICO statute applies to federal RICO claims, and that the district court prematurely dismissed the fraud claim for lack of diversity jurisdiction.