Erie Doctrine

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

• R.E. Wood, Jr. v. Mid-Valley Inc.
  942 F.2d 425· 7th Cir.· 1991-08-14 ·cited 17×
  The court held that the written contract and subsequent oral statements did not entitle the Woods to reimbursement for home office expenses or secretarial services provided by the wife.
• State of Wis. Inv. Bd. v. Plantation Square Assocs., Ltd.
  761 F. Supp. 1569· S.D. Fla.· 1991-04-06 ·cited 17×
  Florida Statute § 768.72's pleading requirements conflict with Federal Rule 8 and are therefore inapplicable in federal diversity actions; its discovery provision does not conflict with Federal Rule 26.
• Agfa-Gevaert v. A.B. Dick Co.
  879 F.2d 1518· 7th Cir.· 1989-07-18 ·cited 17×
  The court agrees with the judgment but notes the contract is ambiguous, requiring further proceedings.
• Morris v. Jenkins
  819 F.2d 678· 7th Cir.· 1987-02-24 ·cited 17×
  The court held that Indiana's Journey's Account Statute does not save a suit voluntarily dismissed and refiled after the statute of limitations has expired, and that the argument regarding the daughter's minority was waived.
• Hefley v. Textron, Inc.
  713 F.2d 1487· 10th Cir.· 1983-08-10 ·cited 17×
  The court held that the Feres doctrine bars indemnity and contribution claims against federal military personnel and the United States when injuries arise from activity incident to service, and that the Eleventh Amendment bars claims against state entities. Furthermore, federal c
• Haught v. John MacEluch, M.D.
  681 F.2d 291· 5th Cir.· 1982-07-26 ·cited 17×
  A mother can recover for mental anguish suffered due to her child's birth defects caused by medical malpractice, even if she did not directly witness the injury, if her distress was a foreseeable consequence of her contemporaneous perception of the negligent event.
• Md. Cas. Co. & United Servs. Auto. Ass'n v. Williams
  377 F.2d 389· 5th Cir.· 1967-05-04 ·cited 17×
  The court held that the district court erred in applying Tennessee statutory presumptions to the construction of an insurance contract in a diversity case, as these presumptions are procedural under Mississippi conflict of laws rules.
• AFC Franchising, LLC v. Danilo Purugganan
  43 F.4th 1285· 11th Cir.· 2022-08-11 ·cited 16×
  AFC Franchising, an Alabama company, sought a declaratory judgment that a "floating" forum-selection clause in a Master Developer Agreement required dispute resolution in Alabama, the franchisor's principal place of business, rather than Connecticut or New York where the develope
• Forrestal v. Magendantz
  848 F.2d 303· 1st Cir.· 1988-06-03 ·cited 16×
  The court held that the district court did not err in admitting expert testimony or in its jury instructions, and that the plaintiff presented sufficient evidence of negligence to support the jury's verdict.
• Green v. The J.C. Penney Auto Ins. Co., Inc.
  806 F.2d 759· 7th Cir.· 1986-11-25 ·cited 16×
  An insurer breaching its duty to defend may be liable for the full amount of an excess judgment if the breach proximately caused the excess judgment, even without bad faith, and is liable for post-judgment interest on the entire judgment and attorneys' fees for a declaratory judg
• Mayo v. Tri-Bell Indus., Inc.
  787 F.2d 1007· 5th Cir.· 1986-04-21 ·cited 16×
  The court held that the Texas modified comparative negligence statute applies to nonpecuniary damages in wrongful death claims, barring recovery when the deceased's negligence exceeds that of the tortfeasor. The court also affirmed the trial court's evidentiary rulings.
• The Stewart Org., Inc. v. Ricoh Corp.
  779 F.2d 643· 11th Cir.· 1986-01-10 ·cited 16×
  The dissent argues that state law, not federal decisional law, should govern the enforceability of choice-of-forum clauses in diversity cases to avoid forum shopping and inequitable administration of laws.
• Wilson v. Good Humor Corp. & David A. Williams
  757 F.2d 1293· D.C. Cir.· 1985-03-26 ·cited 16×
  The court held that the defendant Good Humor may have a duty to warn its independent contractors of peculiar risks associated with curbside ice cream sales, but the extent of this duty is not definitively settled by the majority.
• Bradley Bank v. Hartford Accident & Indem. Co.
  737 F.2d 657· 7th Cir.· 1984-06-18 ·cited 16×
  The court held that the insurance policy's exclusion for losses from uncollected funds was unambiguous, requiring the depositor's physical presence at the bank for the exception to apply, and that the newly discovered evidence would not likely change the result.
• Banco Nacional DE LA Vivienda v. Cooper
  680 F.2d 727· 11th Cir.· 1982-07-16 ·cited 16×
  The court held that an intervening Florida Supreme Court decision altered the law of justifiable reliance in fraud cases, requiring a new trial.
• Stafford v. Int'l Harvester Co. & Eastco Truck Sales, Inc.
  668 F.2d 142· 2d Cir.· 1981-12-31 ·cited 16×
  The court held that New York's borrowing statute applies only to statutes of limitations of states where a lawsuit could have been brought, and thus Pennsylvania's statute of limitations did not bar the action against Eastco, as Eastco was not amenable to suit in Pennsylvania.
• Ira Blake Phillips v. The Goodyear Tire & Rubber Co.
  651 F.2d 1051· 5th Cir.· 1981-07-27 ·cited 16×
  The court did not explicitly state a holding in this dissenting opinion, but implied the majority affirmed the lower court's decision.
• Proctor v. Gissendaner
  587 F.2d 182· 5th Cir.· 1979-01-02 ·cited 16×
  The Alabama statute providing for a 10% penalty on affirmed judgments with supersedeas bonds is applicable in diversity cases via the Erie doctrine.
• Mitchell v. Archibald & Kendall, Inc.
  573 F.2d 429· 7th Cir.· 1978-03-02 ·cited 16×
  A landowner has no duty to protect invitees against criminal attacks occurring on a public street, even if the landowner uses the street as an extension of its premises and is aware of prior criminal activity in the area.
• In re Grand Bahama Petroleum Co. v. Asiatic Petroleum Corp.
  550 F.2d 1320· 2d Cir.· 1977-03-03 ·cited 16×
  New York Business Corporation Law § 1312(a) cannot be invoked to preclude a foreign corporation from maintaining an action to compel arbitration under the Federal Arbitration Act, even if diversity jurisdiction is the basis.
• Christofferson v. Halliburton Co.
  534 F.2d 1147· 5th Cir.· 1976-07-12 ·cited 16×
  A wife does not have a cause of action for loss of consortium for her husband's nonfatal injuries under the Jones Act, general maritime law, or Louisiana state law.
• Barnes v. Atl. & Pac. Life Ins. Co. OF Am.
  530 F.2d 98· 5th Cir.· 1976-04-19 ·cited 16×
  The court held that a genuine issue of material fact exists regarding the reasonableness of the insurer's delay in issuing the policy, precluding summary judgment.
• Roshan L. Mehra v. Bentz
  529 F.2d 1137· 2d Cir.· 1975-12-30 ·cited 16×
  The court held that the evidence presented was insufficient as a matter of law to establish negligence, and therefore affirmed the trial court's judgment notwithstanding the verdict.
• Lenore Williamson Burgess v. Williamson
  506 F.2d 870· 5th Cir.· 1975-01-15 ·cited 16×
  The court held that compound interest was properly charged on funds entrusted to the son for investment due to his inadequate record-keeping, but reversed the award of compound interest on a personal loan. The court also reversed the award of compensatory damages for attorney's f
• Travelers Ins. Co. v. Lawrence
  509 F.2d 83· 9th Cir.· 1974-12-23 ·cited 16×
  The dissenting judge holds that the Marshal's actions in a mortgage foreclosure sale constitute a 'seizure' or 'levy' under 28 U.S.C. § 1921, entitling them to the statutory fee, and that state law characterization is not controlling.
• Ideal Structures Corp. v. Levine Huntsville Dev. Corp.
  396 F.2d 917· 5th Cir.· 1968-06-19 ·cited 16×
  The court held that the New York statute of frauds applied, and that the writings, when pieced together, were sufficient to satisfy the statute.
• Sutro Bros. & Co. v. Indem. Ins. Co. OF N. Am.
  386 F.2d 798· 2d Cir.· 1967-12-11 ·cited 16×
• Bern v. Evans
  349 F.2d 282· 8th Cir.· 1965-08-03 ·cited 16×
  The court held that the jury instructions regarding audible signals and contributory negligence were proper and that the plaintiff's objections were either adequately addressed, cumulative, or not properly preserved for appeal.
• United Servs. Life Ins. Co. v. Delaney
  308 F.2d 484· 5th Cir.· 1962-09-26 ·cited 16×
• Tracy v. Finn Equip. Co.
  290 F.2d 498· 6th Cir.· 1961-05-09 ·cited 16×
  A general jury verdict for a plaintiff will be sustained if at least one count is sound and supported by substantial evidence, even if other counts were defective.
• Inland Empire Ins. Co. v. Freed
  239 F.2d 289· 10th Cir.· 1956-11-15 ·cited 16×
  The court held that a federal district court cannot appoint a receiver at the request of a common contract creditor who has not exhausted legal remedies, over the objection of the defendant.
• Fisher et ux. v. Home Indem. Co.
  198 F.2d 218· 5th Cir.· 1952-06-30 ·cited 16×
  A Louisiana statute allowing direct action against an insurer cannot constitutionally impair a valid 'no action' clause in a policy issued and accepted in another state, without the insurer's consent.
• Barnhart v. W. Md. Ry. Co.
  128 F.2d 709· 4th Cir.· 1942-06-11 ·cited 16×
  The court held that the district court properly dismissed the complaint because it lacked federal question jurisdiction and the claim was barred by laches due to unreasonable delay.
• Pulte Home Corp., Inc. v. Ply Gem Indus., Inc.
  804 F. Supp. 1471· M.D. Fla.· 1992-09-22 ·cited 15×
  The court found that factual disputes remained, precluding summary judgment on most issues, but denied summary judgment on punitive damages against the defendants. The court also found that Pulte had standing to sue.
• John E. Johnson and h/w Ann Marie Johnson v. The Celotex Corp.
  899 F.2d 1281· 2d Cir.· 1990-03-20 ·cited 15×
  The court affirmed the jury's award of compensatory and punitive damages, finding that the consolidation of cases was proper, the evidence sufficiently supported proximate cause, and the punitive damages award did not violate due process on the record presented. The court also fo
• Gonzalez v. Volvo OF Am. Corp.
  734 F.2d 1221· 7th Cir.· 1984-05-16 ·cited 15×
  The court held that a new trial is required due to prejudicial closing arguments by plaintiffs' counsel, and that the district court erred by not applying the choice of law rules of the original forum state (Arkansas) after a transfer under 28 U.S.C. § 1404(a).
• Tiara Condo. Ass'n, Inc. v. Marsh USA, Inc.
  697 F. Supp. 2d 1349· S.D. Fla.· 2010-03-22 ·cited 14×
  The court held that a defendant is entitled to attorneys' fees and costs under Florida's offer of judgment statute when a judgment of no liability is entered, even if the offer lacked a certificate of service and was nominal, provided it was made in good faith.
• Corporate Sec. Grp. v. Lind
  753 So. 2d 151· Fla. 4th DCA· 2000-02-16 ·cited 14×
  The court must decide whether claims are arbitrable when the arbitration agreement does not clearly and unmistakably provide for arbitrators to decide arbitrability, especially when federal law is involved.
• Jeong Min Kim v. Keenan
  71 F. Supp. 2d 1228· M.D. Fla.· 1999-11-03 ·cited 14×
  The court held that it had personal jurisdiction over the defendants and that the complaint stated a claim for professional negligence, denying the motion to dismiss. The court also denied the motion to strike punitive damages claims, pending further Eleventh Circuit review.
• Benning v. Bd. OF Regents OF Regency Univs.
  928 F.2d 775· 7th Cir.· 1991-03-26 ·cited 14×
  The court held that the Eleventh Amendment and Illinois law bar the plaintiff's tort claims against state university officials and the Board of Regents in federal court.
• Sekou Ealy v. Richardson-Merrell, Inc.
  897 F.2d 1159· D.C. Cir.· 1990-03-09 ·cited 14×
  An expert opinion that Bendectin caused birth defects is inadmissible if it lacks scientific foundation in the face of a wealth of published epidemiological data to the contrary.
• In re Fibreboard Corp.
  893 F.2d 706· 5th Cir.· 1990-01-25 ·cited 14×
  The court held that the district court's Phase II trial plan for consolidating 3,031 asbestos cases was beyond the scope of federal judicial authority, infringing upon state substantive law and separation of powers principles.
• Citron v. Armstrong World Indus., Inc.
  721 F. Supp. 1259· S.D. Fla.· 1989-10-04 ·cited 14×
  Florida Statute § 768.72, which requires a reasonable basis for punitive damages claims, is procedural and thus inapplicable in federal diversity cases.
• Richardson v. United States
  841 F.2d 993· 9th Cir.· 1988-03-14 ·cited 14×
  The district court erred by adhering to the law of the case from a prior appeal despite an intervening Washington Court of Appeals decision that clarified the applicable state standard of care.
• Everard W. Marks, III v. PAN Am. World Airways, Inc.
  785 F.2d 539· 5th Cir.· 1986-03-24 ·cited 14×
  The court held that the trial court did not err in striking the award for loss of inheritance due to speculative evidence and affirmed the other awards and prejudgment interest.
• Muslin v. Frelinghuysen Livestock Managers, Inc.
  777 F.2d 1230· 7th Cir.· 1985-11-21 ·cited 14×
  The court held that the insurer was not estopped from enforcing policy provisions voiding coverage upon assignment without written consent, and that the agent lacked apparent authority to waive these provisions, but reversed the denial of costs to the prevailing party.
• Brown & Root, Inc. v. Hempstead Cnty. Sand & Gravel, Inc.
  767 F.2d 464· 8th Cir.· 1985-07-10 ·cited 14×
  The court held that Arkansas law, specifically Ark.Stat.Ann. § 29-123, governed the assignment of a cause of action, and the Bank's security interest was protected against subsequent judgment liens, thus giving it priority over federal tax liens.
• Bi-Rite Enters., Inc. v. Bruce Miner Co., Inc.
  757 F.2d 440· 1st Cir.· 1985-03-22 ·cited 14×
  The court held that under Massachusetts' modern choice of law rules, the law of the performer's domicile is not determinative; instead, a functional analysis considering various factors dictates which jurisdiction's law applies to the right of publicity.
• Merchs. Nat'l Bank v. Se. Fire Ins. Co., Inc.
  751 F.2d 771· 5th Cir.· 1985-01-28 ·cited 14×
  The court held that the insurer's denial of Merchants' claim lacked a legitimate or arguable reason, entitling Merchants to a punitive damages instruction, and that the directed verdicts against Bossier and Edna Barlow were erroneous.
• Guy D. DiPASCAL and/or Barbara C. DiPascal v. NEW York Life Ins. Co.
  749 F.2d 255· 5th Cir.· 1985-01-02 ·cited 14×
  Under Louisiana law, an insurer must provide commensurate mental health coverage if offered for other illnesses, and rights vested under a reformed policy cannot be prejudiced by subsequent amendments.