Erie Doctrine

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

• Colgate Palmolive Co. v. S/S Dart Canada
  724 F.2d 313· 2d Cir.· 1983-12-14 ·cited 27×
  Parties can contractually extend COGSA's application, but it then applies as a contract term, subject to state law, which invalidates liability limitations for conversion.
• United States v. Nill
  518 F.2d 793· 5th Cir.· 1975-09-05 ·cited 27×
  The dissenting judge argues that the jury's finding of novation and Nill's criminal intent was supported by sufficient evidence, and therefore the majority's reversal of the convictions should be rejected.
• Seguros Tepeyac v. Jernigan
  410 F.2d 718· 5th Cir.· 1969-04-15 ·cited 27×
  The statute of limitations for a Stowers doctrine claim begins to run from the date the insured makes a payment on the judgment against them, not from the date the judgment was rendered, because the cause of action accrues upon actual injury (payment).
• Salas v. Sun-Mei Wang, M.D.
  846 F.2d 897· 3d Cir.· 1988-05-16 ·cited 26×
  The court held that the Federal Rules of Evidence apply to the admissibility of aggregate damages testimony in diversity cases, and that such testimony is permissible under those rules. It also held that one nurse's negligence could be inferred, but another's could not.
• Affiliated Cap. Corp. v. City OF Houston
  793 F.2d 706· 5th Cir.· 1986-07-09 ·cited 26×
• PRC Harris, Inc. v. The Boeing Co.
  700 F.2d 894· 2d Cir.· 1983-02-18 ·cited 26×
  The court held that a plaintiff's attempt to amend a prior judgment to 'without prejudice' after an adverse ruling in another jurisdiction is ineffective.
• Poyner v. Erma Werke GMBH
  618 F.2d 1186· 6th Cir.· 1980-03-28 ·cited 26×
  A foreign manufacturer that purposefully avails itself of the privilege of conducting business in a state, even indirectly through a distributor, can be subject to personal jurisdiction in that state's courts if the cause of action arises from those activities and the exercise of
• Baker v. Outboard Marine Corp.
  595 F.2d 176· 3d Cir.· 1979-03-23 ·cited 26×
  The court held that the district court erred by instructing the jury that a product must be "defective and unreasonably dangerous" and by failing to provide a proper instruction on intervening cause. The court reversed the denial of a new trial.
• Montgomery Ward & Co., Inc. v. Pac. Indem. Co.
  557 F.2d 51· 3d Cir.· 1977-06-07 ·cited 26×
  In a diversity case, federal courts must apply state law regarding attorney's fees, even in equity, unless it conflicts with federal policy, but may award fees for bad faith conduct if state law would permit it.
• Jones v. Wittenberg Univ.
  534 F.2d 1203· 6th Cir.· 1976-04-22 ·cited 26×
  The court held that the plaintiff could not reserve the right to appeal after accepting a remittitur.
• Stafford Miller v. Davis
  507 F.2d 308· 6th Cir.· 1974-11-26 ·cited 26×
  A federal court sitting in diversity jurisdiction is not bound by state law that purports to close state courts to certain claims, especially when the state rule is procedural and not intrinsically tied to the substantive rights at issue.
• Cassius L. Peacock, Jr. v. Retail Credit Co.
  429 F.2d 31· 5th Cir.· 1970-07-02 ·cited 26×
  The court affirmed the grant of summary judgment, holding that the Georgia one-year statute of limitations barred the libel action and no invasion of privacy claim was shown.
• Mut. OF Omaha Ins. Co. v. Russell
  402 F.2d 339· 10th Cir.· 1968-09-30 ·cited 26×
  An insurer does not have an affirmative duty to explain the distinctions between various available insurance policies to a hurried customer at an airport sales booth.
• Merritt-Chapman & Scott Corp. v. Pa. Tpk. Comm'n
  387 F.2d 768· 3d Cir.· 1967-11-29 ·cited 26×
  The court held that a district court has the inherent power to stay proceedings pending arbitration, even if the Pennsylvania Arbitration Act's definition of 'court' limits its application to state common pleas courts.
• Austrian v. Williams
  198 F.2d 697· 2d Cir.· 1952-08-15 ·cited 26×
  Federal courts must apply state statutes of limitations as interpreted by state courts, even in bankruptcy proceedings, when the cause of action is state-created.
• Bailey v. Chattem, Inc.
  838 F.2d 149· 6th Cir.· 1988-01-26 ·cited 25×
  The court held that the amended version of 28 U.S.C. § 1961, which became effective October 1, 1982, should not be applied retroactively to a judgment entered on October 27, 1980.
• Hill v. United States Fid. & Guar. Co.
  428 F.2d 112· 5th Cir.· 1970-06-02 ·cited 25×
• Matthies v. Seymour Mfg. Co.
  270 F.2d 365· 2d Cir.· 1959-09-09 ·cited 25×
  The dissenting judge would hold that a beneficiary of trusts holding corporate stock has standing to bring a shareholder derivative action, even if the trustees have not sued.
• Nissho-Iwai Co., Ltd. v. Occidental Crude Sales, Inc.
  848 F.2d 613· 5th Cir.· 1988-07-01 ·cited 24×
  The court held that the district court erred in granting judgment notwithstanding the verdict and in conditionally granting a new trial, and affirmed the directed verdict on the Nereus settlement.
• Grantham & Mann, Inc. v. Am. Safety Prods., Inc.
  831 F.2d 596· 6th Cir.· 1987-09-30 ·cited 24×
  The court held that Grantham's proof of damages for breach of contract was too speculative under Tennessee law, and that Grantham failed to establish injury caused by RICO violations.
• Cathey v. Johns-Manville Sales Corp.
  776 F.2d 1565· 6th Cir.· 1985-11-13 ·cited 24×
  The court held that Tennessee law permits punitive damages in asbestos products liability cases if the plaintiff meets the state's standard for fraud, malice, gross negligence, or recklessness, and that the evidence supported the jury's award in this case. The court also affirmed
• T.N.T. Marine Serv., Inc. v. Weaver Shipyards & DRY Docks, Inc.
  702 F.2d 585· 5th Cir.· 1983-04-11 ·cited 24×
  A plaintiff who asserts claims cognizable under both admiralty and diversity jurisdiction must make an affirmative election under Fed.R.Civ.P. 9(h) to proceed under admiralty, thereby waiving the right to a jury trial.
• SCA Servs., Inc. v. Lucky Stores
  599 F.2d 178· 7th Cir.· 1979-05-18 ·cited 24×
  The court held that Michigan law, as chosen by the contract, entitled General Mill to interest on its judgment from the date its counterclaim was filed, and that the district court abused its discretion by disallowing all deposition expenses as costs.
• Boyd Black v. Fid. & Guar. Ins. Underwriters, Inc.
  582 F.2d 984· 5th Cir.· 1978-10-27 ·cited 24×
  The court held that Mississippi law requires notice of insurance policy cancellation for nonpayment of premium to be received by the insured, not merely mailed, and that uninsured motorist coverage can extend to property damage if contracted for.
• Coastal Petroleum Co. v. Sec'y OF THE Army OF the United States
  489 F.2d 777· 5th Cir.· 1973-12-06 ·cited 24×
  The Fifth Circuit Court of Appeals is certifying questions of Florida law to the Florida Supreme Court because the case involves interpretation of Florida statutes and leases, and there are no clear controlling precedents in Florida law.
• United States v. Powers
  482 F.2d 941· 8th Cir.· 1973-08-13 ·cited 24×
  A conviction can rest on uncorroborated accomplice testimony, and a trial court has discretion in conducting voir dire regarding racial bias.
• Lucius J. Breeland v. Sec. Ins. Co. OF NEW Haven
  421 F.2d 918· 5th Cir.· 1969-11-10 ·cited 24×
  A prior criminal conviction for insurance fraud conclusively establishes the fraud issue in a subsequent civil suit by the insured, precluding relitigation.
• O'Brien v. Willys Motors, Inc.
  385 F.2d 163· 6th Cir.· 1967-11-20 ·cited 24×
  The court held that the trial judge's failure to instruct the jury on the defendant's burden to prove contributory negligence by a preponderance of the evidence was an exceptional error that could be reviewed despite no objection being made.
• Greer v. Associated Indem. Corp.
  371 F.2d 29· 5th Cir.· 1967-01-06 ·cited 24×
  An insurer is not liable for sums exceeding policy limits for one automobile when only that automobile was involved in an accident, even if the policy covers multiple vehicles.
• Isaacs v. Am. Petrofina & Glen Mitchell
  368 F.2d 193· 5th Cir.· 1966-11-07 ·cited 24×
  The court held that the plaintiff presented sufficient evidence to go to the jury on the issue of whether the defendant negligently failed to discover and remove an oil spill on the premises.
• Groninger v. Merrill E. Davison
  364 F.2d 638· 8th Cir.· 1966-08-26 ·cited 24×
  A federal court in a diversity action must apply state law to determine when an action is commenced for the purpose of tolling the statute of limitations, even if the Federal Rules of Civil Procedure provide a different method for commencement.
• Artvale, Inc. v. Rugby Fabrics Corp. & Barmil Assocs., Ltd.
  363 F.2d 1002· 2d Cir.· 1966-07-15 ·cited 24×
  The court held that the settlement agreement barred the patent infringement suit because the defendant's fabric did not have the specific structures prohibited by the agreement, and that New York law did not preclude recovery of litigation expenses for breach of a covenant not to
• Bliss v. Gotham Indus., Inc.
  316 F.2d 848· 9th Cir.· 1963-03-21 ·cited 24×
  The court held that a design patent is invalid if the design is dictated primarily by functional requirements rather than ornamental appeal, and that copying an invalid patent's design does not constitute unfair competition without proof of 'palming off' or secondary meaning.
• Grey v. Hayes-Sammons Chem. Co.
  310 F.2d 291· 5th Cir.· 1962-11-07 ·cited 24×
  The court held that privity is not required for a negligence claim against a manufacturer and that the disclaimer on the product did not shield the manufacturer from liability for a foreign contaminant.
• Baum v. United States
  432 F.2d 85· 5th Cir.· 1970-09-08 ·cited 23×
  The court held that expert witness fees, beyond subsistence and travel, are not taxable against the losing party under Rule 54(d) and federal law, even when the United States is a party.
• Doty v. Sewall
  908 F.2d 1053· 1st Cir.· 1990-07-17 ·cited 22×
  The court affirmed the district court's judgment on most issues, finding no abuse of discretion in evidentiary rulings or denial of a new trial, but reversed the denial of prejudgment interest on state law claims.
• Janikowski v. Bendix Corp.
  823 F.2d 945· 6th Cir.· 1987-07-09 ·cited 22×
  The court held that the trial judge did not abuse his discretion in denying the plaintiff's motion to amend the complaint to add a new cause of action.
• In re Lift & Equip. Serv., Inc. v. Lift & Equip. Serv., Inc.
  816 F.2d 1013· 5th Cir.· 1987-04-30 ·cited 22×
  The court held that a lapse in the reinscription of an assignment of accounts receivable does not affect its validity between the parties, and that the assignment language was sufficient to cover rentals.
• In re AIR Crash Disaster Near NEW Orleans v. PAN Am. World Airways, Inc.
  789 F.2d 1092· 5th Cir.· 1986-05-07 ·cited 22×
  The court held that the district court did not err in denying the motion to dismiss on forum non conveniens grounds, nor in applying Louisiana law to most claims and Uruguayan law to the nephew's claim for his aunt's death. The court also affirmed the striking of the Warsaw Conve
• Fed. Enters., Inc. v. Greyhound Leasing & Fin. Corp.
  786 F.2d 817· 8th Cir.· 1986-03-17 ·cited 22×
  The court held that the jury instructions were deficient because they failed to adequately inform the jury of the essential issues and governing law, particularly regarding agency and apparent authority.
• Casto v. The Arkansas-Louisiana GAS Co.
  562 F.2d 622· 10th Cir.· 1977-09-20 ·cited 22×
  Prejudgment interest is allowable on personal injury damages under Oklahoma law, but not on exemplary damages, as exemplary damages are punitive and not compensatory for personal injury.
• Brinkley & W., Inc. v. Foremost Ins. Co.
  499 F.2d 928· 5th Cir.· 1974-08-26 ·cited 22×
  The court held that Louisiana courts, under modern conflicts principles, would apply the law of states that permit suits for tortious interference with contractual relations, even if Louisiana law itself does not. The court reversed and remanded for a trial on the merits.
• Lothar Motschenbacher v. R. J. Reynolds Tobacco Co.
  498 F.2d 821· 9th Cir.· 1974-06-06 ·cited 22×
  The court held that a plaintiff can be identifiable through distinctive markings on their property, even if their face is not visible, and that California law would likely recognize a proprietary interest in one's identity for commercial appropriation.
• Cottonwood Mall Shopping Ctr., Inc. v. Utah Power & Light Co.
  440 F.2d 36· 10th Cir.· 1971-03-12 ·cited 22×
  A shopping center operator supplying electricity to its tenants is subject to regulation as a public utility under Utah law, even if the distribution is on private property, because the use extends beyond the tenants and the legislature has broadened the definition of electrical
• Am. Fid. & Cas. Co., Inc. v. Indem. Ins. Co. OF N. Am.
  308 F.2d 697· 6th Cir.· 1962-10-10 ·cited 22×
  The court held that an unreported Ohio common pleas court decision, affirmed without opinion by an Ohio Court of Appeals, is not binding precedent for a federal court in a diversity case. Therefore, the district court was not in error for following prior Sixth Circuit precedent.
• Travelers Ins. Co. v. Truitt
  280 F.2d 784· 5th Cir.· 1960-07-12 ·cited 22×
  The court held that the jury's finding of total incapacity for 301 weeks was supported by substantial evidence and that the trial court's jury instructions and submission of issues were proper under federal rules.
• Wayne v. Tenn. Valley Auth.
  730 F.2d 392· 5th Cir.· 1984-04-23 ·cited 21×
  The court held that the Tennessee statute of repose, which bars claims more than ten years after product purchase, is substantive and applies to the plaintiffs' claims, barring their action.
• Anchorage-Hynning & Co. v. Moringiello
  697 F.2d 356· D.C. Cir.· 1983-01-04 ·cited 21×
  The majority's novel holding that a 'technical admission' can satisfy the Statute of Frauds' written memorandum requirement is incorrect.
• Edward M. Goldberg, M.D. v. Medtronic, Inc.
  686 F.2d 1219· 7th Cir.· 1982-08-16 ·cited 21×
  A party who breaches an obligation of confidence and uses confidential information to another's detriment is liable, even if the information could have been lawfully obtained, if the party did not rely on the public information.
• Gasbarra v. Park-Ohio Indus., Inc.
  655 F.2d 119· 7th Cir.· 1981-07-30 ·cited 21×
  The court held that the plaintiff's claim for fringe benefits was barred by res judicata because the claim arose from the same basic factual situation as a prior lawsuit and could have been litigated then.