Erie Doctrine

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

• McLEOD v. Am. Motors Corp.
  723 F.2d 830· 11th Cir.· 1984-01-23 ·cited 14×
  The court held that under Florida law, in a concurrent causation case where the defendant's negligence is a legal cause of injury, the defendant bears the burden to prove apportionment of damages, and the trial court properly removed the apportionment issue from the jury.
• Barnes Grp., Inc. v. C & C Prods., Inc.
  716 F.2d 1023· 4th Cir.· 1983-08-31 ·cited 14×
  The court held that Ohio's substantive law should apply to both the contract validity and tortious interference claims, disagreeing with the majority's application of Alabama and Louisiana law.
• Coastal Petroleum Co. v. U.S.S. Agri-Chemicals
  695 F.2d 1314· 11th Cir.· 1983-01-17 ·cited 14×
  The court held that the district court erred in issuing an injunction because federal question jurisdiction was absent and the injunction did not fall within exceptions to the anti-injunction statute.
• Town OF E. Troy v. SOO Line R.R. Co.
  653 F.2d 1123· 7th Cir.· 1980-10-08 ·cited 14×
  The court held that the Town had standing to bring a public nuisance action to recover expenses incurred in remedying a groundwater pollution problem caused by the railroad's negligence, and that the receipt of a federal grant did not preclude recovery.
• Platis v. Stockwell
  630 F.2d 1202· 7th Cir.· 1980-09-09 ·cited 14×
  Federal Rule of Civil Procedure 51, requiring objection to jury instructions, applies in diversity cases, even if contrary state law exists, because it is a procedural rule within the scope of the Rules Enabling Act.
• Cmty. Nat'l Bank v. Fid. & Deposit Co. OF Md.
  563 F.2d 1319· 9th Cir.· 1977-11-01 ·cited 14×
  A surety has an independent cause of action against a third party for injuries suffered by the surety as a result of the third party's wrongful conduct, even if the surety's rights would otherwise be derivative.
• Gibbs v. State Farm Mut. Ins. Co.
  544 F.2d 423· 9th Cir.· 1976-10-22 ·cited 14×
• Kessler v. Pa. Nat'l Mut. Cas. Ins. Co.
  531 F.2d 248· 5th Cir.· 1976-05-05 ·cited 14×
  The court held that the 50-mile radius exclusion in Fargo's insurance policy with Penn was valid as between the insured and insurer, precluding claims by Reliance (Kennedy's insurer) against Penn. However, the court reversed the award of attorney fees to Penn against Kennelly-Rel
• Mrs. Net v. Tyler
  520 F.2d 341· 5th Cir.· 1975-10-01 ·cited 14×
  The court certified questions to the Alabama Supreme Court regarding the interpretation of insurance policy terms 'alighting from' and 'struck by' an automobile, as the lower court's prediction of Alabama law was uncertain.
• Alva Laverne Luck and Jenell A. Baker v. The Baltimore & Ohio R.R. Co.
  510 F.2d 663· D.C. Cir.· 1974-12-05 ·cited 14×
  The court held that the jury's verdict should be reinstated because the railroad owed a duty of ordinary care to a foreseeable child-trespasser, and the evidence supported a finding of negligence. The denial of a new trial on damages was affirmed as the award was not grossly inad
• Sundstrand Corp. v. Standard Kollsman Indus., Inc.
  488 F.2d 807· 7th Cir.· 1973-10-18 ·cited 14×
  The court held that the trial judge erred in limiting the scope of the complaint and in dismissing Huarisa's counterclaim without a hearing on damages. A new trial is ordered for the fraud claim, and the counterclaim is remanded for a damages assessment.
• In re Royal Electrotype Corp.
  485 F.2d 394· 3d Cir.· 1973-09-10 ·cited 14×
  Under the Uniform Commercial Code, a security interest is perfected when presented to the filing officer, and the secured party does not bear the risk of the officer's subsequent indexing errors.
• Ajax Realty Corp. v. J. F. Zook, Inc.
  493 F.2d 818· 4th Cir.· 1972-12-12 ·cited 14×
  A foreign corporation can be subject to Virginia's long-arm jurisdiction under § 8-81.2(a)(5) if it causes injury in the state by breach of warranty made outside the state, and derives substantial revenue from goods used in the state, even if its contacts are otherwise minimal, p
• Gore v. Ne. Airlines, Inc.
  373 F.2d 717· 2d Cir.· 1967-02-23 ·cited 14×
  The court held that New York's public policy against damage limitations in wrongful death actions, rather than the Massachusetts statute's limitation, applies, and that the beneficiaries' domicile at the time of death, not later, is controlling.
• Milliken v. The Fid. & Cas. Co. OF NEW York
  338 F.2d 35· 10th Cir.· 1964-11-10 ·cited 14×
  An insurer's duty to defend in federal court is not solely determined by the allegations of the pleadings but can arise from facts discoverable through a reasonable investigation, even if those facts contradict the pleadings.
• McKENNA v. Wallis
  344 F.2d 432· 5th Cir.· 1964-01-21 ·cited 14×
  The court held that Louisiana law, which bars parol evidence for interests in mineral leases, controls the dispute over title to the lease, as title had passed from the United States.
• Merritt-Chapman & Scott Corp. v. Pub. Util. Dist. NO. 2 OF Grant Cnty.
  319 F.2d 94· 2d Cir.· 1963-04-22 ·cited 14×
• Reconstr. Fin. Corp. v. Breeding
  211 F.2d 385· 10th Cir.· 1954-03-16 ·cited 14×
  Federal law, not state law, governs the enforcement of obligations created under federal statutes by federal entities like the RFC.
• Serendipity at Sea, LLC v. Underwriters at Lloyd's of London Subscribing to Policy No. 187581
  56 F.4th 1280· 11th Cir.· 2023-01-04 ·cited 13×
  The court held that while the insured breached the Captain Warranty, a genuine dispute of material fact remains regarding whether that breach increased the hazard to the vessel, precluding summary judgment.
• Padron v. BellSouth Telecomms., Inc.
  196 F. Supp. 2d 1250· S.D. Fla.· 2002-04-02 ·cited 13×
  Summary judgment is granted for the defendant because the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding pretext for her termination or that alleged harassment rose to the level of a hostile work environment.
• JB Oxford Holdings, Inc. v. Net Trade, Inc.
  76 F. Supp. 2d 1363· S.D. Fla.· 1999-11-16 ·cited 13×
  The court held that the defendant's internet presence and pending application to do business in Florida did not establish sufficient minimum contacts for personal jurisdiction.
• Int'l Ship Repair & Marine Servs., Inc. v. St. Paul Fire & Marine Ins.
  944 F. Supp. 886· M.D. Fla.· 1996-11-06 ·cited 13×
  The court held that genuine issues of material fact remain regarding the interpretation of the insurance policy's 'all risk,' 'Inchmaree,' and 'held covered' clauses, precluding summary judgment for the plaintiff on the defendant's affirmative defenses. The court also found that
• Blount v. Sterling Healthcare Grp., Inc.
  934 F. Supp. 1365· S.D. Fla.· 1996-05-28 ·cited 13×
  The court adopted the magistrate's recommendation, granting dismissal of claims against an individual employee under Title VII and the Florida Civil Rights Act, dismissing the intentional infliction of emotional distress claim, but denying dismissal of the respondeat superior cla
• In re N.Y. Stock Exch. Arb. between Marco Barbier v. Shearson Lehman Hutton Inc.
  948 F.2d 117· 2d Cir.· 1991-10-31 ·cited 13×
  The court held that the Federal Arbitration Act applies in diversity cases involving interstate commerce, and that a choice-of-law provision in an arbitration agreement requiring application of New York law mandates adherence to New York's prohibition on punitive damages awards b
• Ferens v. Deere & Co.
  862 F.2d 31· 3d Cir.· 1987-05-28 ·cited 13×
  The dissent argues that Section 1404(a) does not require a change of law when a plaintiff initiates a transfer, and therefore, the plaintiff's motion for transfer was not impermissible forum shopping.
• Bryant Elec. Co., Inc. v. City OF Fredericksburg & Malcolm Pirnie, Inc.
  762 F.2d 1192· 4th Cir.· 1985-05-23 ·cited 13×
  A contractor cannot recover against an engineer for purely economic loss in tort under Virginia law without privity of contract, and forum selection clauses are enforceable if reasonable.
• Pritchard-Keang NAM Corp. v. Jaworski
  751 F.2d 277· 8th Cir.· 1984-12-28 ·cited 13×
  The court held that the crime-fraud exception does not apply to the Watson, Ess report because it was not communicated to further a crime or fraud.
• Wolgin v. Simon
  722 F.2d 389· 8th Cir.· 1983-12-02 ·cited 13×
  A shareholder must submit a proposed amendment with a motion for leave to amend a complaint to preserve the right to amend, and conclusory allegations of futility are insufficient to excuse a demand on shareholders.
• Morton v. Abbott Labs.
  538 F. Supp. 593· M.D. Fla.· 1982-03-25 ·cited 13×
  The court held that the defendants' motions for summary judgment should be granted because the plaintiff failed to raise a genuine issue of material fact regarding causation under traditional theories or novel theories like market share liability.
• Mrs. Constance A. Fenasci v. Travelers Ins. Co.
  642 F.2d 986· 5th Cir.· 1981-04-17 ·cited 13×
  The court held that interest was correctly awarded from the date of judicial demand, the exclusion of net income evidence was proper under Louisiana law, the uninsured motorist coverage limits were correctly determined, the workmen's compensation insurer's intervention was correc
• Woods-Tucker Leasing Corp. OF Ga. v. Hutcheson-Ingram Dev. Co.
  642 F.2d 744· 5th Cir.· 1981-04-03 ·cited 13×
  A party's contractual choice of law will be honored if the chosen jurisdiction bears a "reasonable relation" to the transaction, even if the intent is to avoid the usury laws of another jurisdiction with which the transaction also has contacts.
• Glazer v. J. C. Bradford & Co.
  616 F.2d 167· 5th Cir.· 1980-04-30 ·cited 13×
  A client is bound by their attorney's settlement agreement, even without express authority, if the opposing party was unaware of any limitations on the attorney's apparent authority.
• Potomac Ins. Co. v. Stanley
  281 F.2d 775· 7th Cir.· 1960-08-04 ·cited 13×
  An insured's voluntary and unexcused failure to attend trial constitutes a breach of the cooperation clause, relieving the insurer of liability, and prejudice from such failure is not required to be proven.
• Long v. Morris
  128 F.2d 653· 3d Cir.· 1942-05-21 ·cited 13×
  The court held that the trial court properly entered judgment on the jury's verdict because the parol evidence rule, applied consistently across relevant jurisdictions, did not preclude the jury from resolving factual issues regarding the contract's existence and terms.
• Marcus v. Carrasquillo
  782 F. Supp. 593· M.D. Fla.· 1992-01-09 ·cited 12×
  The court held that plaintiff's allegations of a racially motivated custom or policy of ignoring complaints were sufficient to withstand a motion to dismiss, but First Amendment claims lacked factual support and punitive damages demands were premature.
• Am. Waste & Pollution Control Co. v. Browning-Ferris, Inc.
  949 F.2d 1384· 5th Cir.· 1991-12-23 ·cited 12×
  This opinion is a dissent and does not contain a holding of the court.
• Pope v. MCI Telecomms. Corp.
  937 F.2d 258· 5th Cir.· 1991-08-06 ·cited 12×
  The court affirmed the district court's decisions, finding that the case was properly removed, the denial of leave to amend was not an abuse of discretion, summary judgment was appropriate due to lack of genuine issues of material fact, and attorney's fees were permissible under
• Monetti v. Anchor Hocking Corp.
  931 F.2d 1178· 7th Cir.· 1991-05-01 ·cited 12×
  The court held that a pre-contract memorandum can satisfy the statute of frauds and that partial performance can take a contract out of the general statute of frauds, even if it doesn't fit the UCC's narrower exception.
• Flint Davis v. Sears
  873 F.2d 888· 6th Cir.· 1989-04-24 ·cited 12×
  The court held that Sears did not breach the contract by terminating the agreement, as it exercised an express contractual right, but that the issue of Sears' good faith in failing to approve a new merchant was properly submitted to the jury. The court reversed the defamation cla
• Richards v. Attorneys' Title Guar. Fund, Inc.
  866 F.2d 1570· 10th Cir.· 1989-02-14 ·cited 12×
  A principal is liable under Restatement (Second) of Agency § 261 for an agent's theft if the principal placed the agent in a position to commit the act, even if the act was theft rather than fraud, and the agent was acting within apparent authority.
• The Travelers Ins. Co. v. Transp. Ins. Co.
  846 F.2d 1048· 7th Cir.· 1988-04-28 ·cited 12×
  The court held that federal law, not state law, governs post-judgment interest in diversity cases, and that the district court erred by not conducting a more thorough inquiry into the parties' intentions regarding prejudgment interest and by curtailing discovery.
• Johnson v. Parrish
  827 F.2d 988· 4th Cir.· 1987-09-04 ·cited 12×
  The court held that the district court did not abuse its discretion in setting aside an excessive jury award and ordering a new trial on damages, as the standard for reviewing such awards is a matter of federal law.
• West v. Conrail
  780 F.2d 361· 3d Cir.· 1985-12-31 ·cited 12×
  The court held that for hybrid breach of contract/fair representation claims governed by Section 10(b) of the NLRA, both filing and service of process must be completed within the six-month limitations period.
• Randall v. Arabian Am. OIL Co.
  778 F.2d 1146· 5th Cir.· 1985-12-26 ·cited 12×
  The court held that a foreign country's exclusive jurisdiction provision does not divest a U.S. federal court of subject matter jurisdiction, especially when the provision can be characterized as procedural under the forum's choice of law rules.
• Ouida McCANDLESS v. Beech Aircraft Corp.
  779 F.2d 220· 5th Cir.· 1985-12-10 ·cited 12×
  The court held that the jury's award for loss of support and services was supported by sufficient evidence, but awards for mental anguish were not, and affirmed awards for loss of companionship.
• Turbo Trucking Co., Inc. v. Those Underwriters AT Lloyd's London
  776 F.2d 527· 5th Cir.· 1985-11-15 ·cited 12×
  An unsigned salvage endorsement, included in the insurance policy folder when delivered to the insured, is considered part of the policy under Mississippi law.
• Brady v. John J. Hopper, Jr., M.D.
  751 F.2d 329· 10th Cir.· 1984-12-27 ·cited 12×
  The court held that the district court did not err in dismissing the complaint, as there was no legal duty owed by the psychiatrist to protect third parties from the patient's actions absent specific threats to specific victims.
• Sours v. Gen. Motors Corp.
  717 F.2d 1511· 6th Cir.· 1983-09-19 ·cited 12×
  The court held that there was sufficient evidence to support the jury's verdict on negligence, product defect, and lack of substantial modification, and that the exclusion of seat belt evidence was harmless error.
• Gootee v. Colt Indus., Inc.
  712 F.2d 1057· 6th Cir.· 1983-07-14 ·cited 12×
  The court held that the trial court erred in directing a verdict on the misrepresentation claim and in excluding evidence of custom and usage regarding the Colt .45, and that the issue of negligent design should have been submitted to the jury. The court also found the special ve
• McDOWELL-Wellman Eng'g Co. v. Hartford Accident & Indem. Co. & Lexington Ins. Co. & Rollins
  711 F.2d 521· 3d Cir.· 1983-06-30 ·cited 12×
  The court should have found that the expenses claimed as business interruption loss are within the policy's coverage and not barred by the product exclusion clause.