Extraterritorial Application Of Statutes

81 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Se. Fisheries Ass'n, Inc. v. Dep't OF Natural Res.
  453 So. 2d 1351· Fla.· 1984-04-26 ·cited 142×
  The Florida Supreme Court addressed whether the state fish trap statute applies to extraterritorial waters beyond Florida's territorial limits. The Court held that the statute, which prohibits possession and use of unlawful fish traps, is constitutional as applied within Florida'
• Am. Fire Ins. Co. v. King Lumber & Mfg. Co.
  74 Fla. 130· Fla.· 1917-10-20 ·cited 81×
  In this insurance dispute, the Florida Supreme Court held that Lowry & Prince, acting as insurance brokers for the policyholder in Florida, were statutory agents of the defendant insurance company under Florida law, making the insurance contracts Florida contracts rather than Pen
• McCord v. Smith
  43 So.2d 704· Fla.· 1949-11-18 ·cited 77×
  This case concerns whether a Florida statute requiring claims against estates to be filed within a specific timeframe applies to a claim already litigated and reduced to judgment in a federal court in another state. The court held that the statute does not preclude such claims an
• Rolls v. Bliss & Nyitray, Inc.
  408 So. 2d 229· Fla. 3d DCA· 1981-11-03 ·cited 73×
  This consolidated appeal concerns a contract dispute between Florida-based architects/engineers and out-of-state defendants regarding design services for an Algerian construction project. The trial court denied plaintiffs' contract claim based on the defendant architect's lack of
• Zuckerman v. Alter
  615 So. 2d 661· Fla.· 1993-01-28 ·cited 63×
  The Florida Supreme Court held that Florida Statute § 689.075(1)(g) creates two alternative tests for validating an inter vivos trust where the settlor is the sole trustee: the trust must either be valid under the jurisdiction's laws OR be executed with will formalities. The cour
• Schertenleib v. Traum
  589 F.2d 1156· 2d Cir.· 1978-12-15 ·cited 58×
  The court held that the district court had the power to dismiss an action on forum non conveniens grounds even if an alternative forum was not available at the commencement of the suit, provided the defendant consents to jurisdiction in the alternative forum.
• United States v. Pizzarusso
  388 F.2d 8· 2d Cir.· 1968-01-09 ·cited 43×
  The District Court had jurisdiction to indict and convict a foreign citizen for making false statements under oath in a visa application to an American consular official in a foreign country.
• United States v. Green
  671 F.2d 46· 1st Cir.· 1982-02-19 ·cited 35×
  The court held that the Coast Guard's boarding and search of the Persistence was lawful, as it was conducted with the consent of the flag state and based on reasonable suspicion of criminal activity, thus not violating the Fourth Amendment or relevant treaties and statutes.
• United States v. Laurence John Layton
  645 F.2d 681· 9th Cir.· 1981-05-05 ·cited 33×
  The denial of a motion to dismiss an indictment for lack of subject matter jurisdiction is not immediately appealable as a collateral order under 28 U.S.C. § 1291.
• Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Nat'l van Lines
  613 F.2d 972· D.C. Cir.· 1979-11-13 ·cited 30×
  The court should dismiss the petitions for review due to lack of subject matter jurisdiction, as the injury occurred in New York, not the District of Columbia.
• Cont'l OIL Co. v. The London Steam-Ship Owners' Mut. Ins. Ass'n, Ltd.
  417 F.2d 1030· 5th Cir.· 1969-09-23 ·cited 30×
  The court held that the Louisiana Direct Action Statute does not apply to maritime cases occurring on the Outer Continental Shelf when admiralty jurisdiction provides a complete remedy.
• Bulova Watch Co., Inc. v. Steele
  194 F.2d 567· 5th Cir.· 1952-02-21 ·cited 30×
• Cleary v. United States Lines, Inc.
  728 F.2d 607· 3d Cir.· 1984-03-05 ·cited 29×
  The Age Discrimination in Employment Act (ADEA) does not apply to American citizens employed outside the United States by American employers.
• United States v. Mitchell
  553 F.2d 996· 5th Cir.· 1977-06-13 ·cited 28×
  The criminal prohibitions of the Marine Mammal Protection Act do not extend to conduct by an American citizen within the territorial waters of a foreign sovereign state.
• Maki v. George R. Cooke Co.
  124 F.2d 663· 6th Cir.· 1942-01-09 ·cited 28×
  A statute of limitations from a separate statute of the originating state, which specifically applies to liabilities created by statute, can be applied extraterritorially by a forum state's court.
• United States v. Reeh
  780 F.2d 1541· 11th Cir.· 1986-01-27 ·cited 27×
  The Coast Guard requires reasonable suspicion of drug smuggling to stop and board foreign vessels in international waters, and such suspicion was lacking in this case.
• United States v. Benitez
  741 F.2d 1312· 11th Cir.· 1984-09-17 ·cited 26×
  The court held that the district court had jurisdiction to try Benitez for acts committed in Colombia against DEA agents, and that the evidence was sufficient to support his convictions.
• Cross v. Pasley
  267 F.2d 824· 8th Cir.· 1959-06-08 ·cited 25×
  The court held that the trial court's findings of fact and conclusions of law were inadequate for appellate review, requiring a remand for additional findings.
• Drilling Consultants, Inc. v. First Montauk Sec. Corp.
  806 F. Supp. 2d 1228· M.D. Fla.· 2011-05-27 ·cited 21×
  The court held that the plaintiffs failed to state a claim for breach of contract and certain other claims, but sufficiently alleged fraud, negligent misrepresentation, and breach of fiduciary duty against Haskell.
• Waynick v. Chicago's Last Dep't Store
  269 F.2d 322· 7th Cir.· 1959-07-20 ·cited 18×
  The dissenting judge disagrees with the majority's conclusion that a penal statute creates a civil right of action for damages against liquor sellers.
• Amador Ramirez, Jr. v. Autobuses Blancos Flecha Roja
  486 F.2d 493· 5th Cir.· 1973-11-02 ·cited 16×
  The court held that the Texas Wrongful Death Act does not apply to deaths occurring outside of Texas, even if the contract for carriage was made in Texas, and Texas courts would likely refuse to apply Mexican law due to dissimilarity.
• Kline v. Wheels BY Kinney, Inc.
  464 F.2d 184· 4th Cir.· 1972-07-06 ·cited 14×
  The rental agreement, by its conformity clause, incorporates New York Vehicle and Traffic Law § 388, making the rental company liable for the customer's negligence, regardless of the accident's location.
• AIR Line Stewards & Stewardesses Ass'n v. Nw. Airlines, Inc.
  267 F.2d 170· 8th Cir.· 1959-05-29 ·cited 13×
  The Railway Labor Act, as extended to air carriers, does not apply to employees hired and performing services entirely outside the territorial limits of the United States.
• Sargeant v. Mohammad Anwar Farid Al-Saleh
  137 So. 3d 432· Fla. 4th DCA· 2014-03-05 ·cited 12×
  The Florida Fourth District Court of Appeal reversed a trial court order compelling judgment debtors to turn over foreign stock certificates, holding that Florida courts lack jurisdiction to order the turnover of property located outside the state, even when they have personal ju
• Howell v. Am. Live Stock Ins. Co.
  483 F.2d 1354· 5th Cir.· 1973-09-06 ·cited 12×
  The court held that the trial judge did not abuse his discretion in excluding evidence of a witness's potential bias, and that Texas law, including statutory penalties and attorney fees, did not apply to the insurance contract.
• Gaston v. B. F. Walker, Inc.
  400 F.2d 671· 5th Cir.· 1968-09-16 ·cited 12×
  The court held that a Texas court, applying Louisiana law to a tort that occurred in Louisiana, must apply the peremptive one-year limitation period of Louisiana Civil Code Article 2315, even if the plaintiff is a Texas resident.
• United States v. Goldberg
  830 F.2d 459· 3d Cir.· 1987-09-29 ·cited 10×
  The court held that the indictment did not charge, and the evidence did not support, a violation of 18 U.S.C. § 2314 or § 1343 for wire transmissions solely between foreign countries, as this does not constitute 'foreign commerce' under the relevant statutes.
• First Am. Nat'l Bank of Nashville v. Auto. Ins. Co.
  252 F.2d 62· 6th Cir.· 1958-02-06 ·cited 10×
  The Tennessee penalty statute does not apply to insurance contracts made and intended to be governed by Kentucky law, even if the insured is a Tennessee bank.
• Haydon Burns v. Rozen
  201 So. 2d 629· Fla. 1st DCA· 1967-05-18 ·cited 9×
  The court held that Florida Statute § 370.08(3) applies only to the taking of food fish within Florida's territorial waters, as the statute does not clearly express an intent for extraterritorial application.
• State v. Se. Fisheries Ass'n, Inc.
  415 So. 2d 1326· Fla. 1st DCA· 1982-06-18 ·cited 8×
  Florida's Department of Natural Resources appealed a trial court's summary judgment invalidating a statute prohibiting the use and possession of fish traps. The First District Court of Appeal reversed, holding the statute is not unconstitutionally vague, not preempted by federal
• Int'l Longshoremen's Ass'n, AFL-CIO v. The Waterfront Comm'n OF NEW York Harbor & Robert Abrams
  642 F.2d 666· 2d Cir.· 1981-02-25 ·cited 8×
  The court held that provisions of the Waterfront Commission Act barring convicted felons from union office are constitutional, but the prohibition on dues collection is also constitutional and not an infringement on First Amendment rights.
• Smith v. Robert R. Pena and the United States Army
  621 F.2d 873· 7th Cir.· 1980-05-08 ·cited 8×
  The court held that the Federal Tort Claims Act does not provide a remedy against the United States for an alleged violation of the Illinois Dram Shop Act because the Act requires negligence, while the Dram Shop Act imposes strict liability.
• Thompson v. United States
  548 F.2d 1031· D.C. Cir.· 1976-11-24 ·cited 8×
  The court held that D.C. Code § 11-301(1) does not grant jurisdiction to review the D.C. Court of Appeals' decisions on local criminal matters, but only those involving federal offenses tried in the Superior Court.
• United States v. Emilio Henquies Perez
  488 F.2d 1057· 4th Cir.· 1974-01-02 ·cited 8×
  The Court of Appeals held that the District Court for the Eastern District of Virginia retained jurisdiction to try offenses under the D.C. Code committed within its territorial boundaries, despite the enactment of the District of Columbia Court Reform and Criminal Procedure Act
• Richards v. United States
  285 F.2d 521· 10th Cir.· 1960-11-25 ·cited 8×
  The court held that the government is liable under the Tort Claims Act based on the law of the place where the negligent act or omission occurred, not where the death resulted.
• Reed v. Kelly
  177 F.2d 473· 7th Cir.· 1949-10-12 ·cited 8×
  A federal court sitting in diversity must apply the forum state's law, including its public policy, and therefore cannot enforce a contract for real estate brokerage services if that contract violates the forum state's licensing requirements.
• Young Bock Shim v. Buechel
  339 So. 3d 315· Fla.· 2022-05-26 ·cited 7×
  A trial court with in personam jurisdiction over a judgment debtor may order that debtor to act on foreign property to satisfy a judgment debt under section 56.29(6), Florida Statutes, provided the court does not directly affect title to the property while it remains in the forei
• Haitian Ctrs. Council, Inc. v. McNARY
  969 F.2d 1350· 2d Cir.· 1992-07-29 ·cited 6×
  The court should not apply collateral estoppel because the government shifted its position after using a prior representation to avoid Supreme Court review.
• Defenders OF Wildlife v. Lujan
  911 F.2d 117· 8th Cir.· 1990-08-10 ·cited 6×
  The court held that the Endangered Species Act's consultation requirement applies to federal agency actions in foreign countries, and that the plaintiffs had standing to challenge the Secretary's regulation limiting this duty.
• Abdallah W. Tamari v. Bache & Co. (Lebanon) S.A.L.
  730 F.2d 1103· 7th Cir.· 1984-03-30 ·cited 6×
  The court held that subject matter jurisdiction exists under the Commodity Exchange Act over a dispute between nonresident aliens when commodity futures trading occurred on U.S. exchanges, even if the parties' contacts were in a foreign country.
• Telecommunications v. S. Tel. Supply Co.
  518 F.2d 392· 6th Cir.· 1975-06-26 ·cited 6×
  A Georgia corporation with no contacts in Tennessee cannot be held liable under Tennessee statutes for acts occurring entirely within Georgia, even if those acts cause injury in Tennessee.
• Bishop v. The United States
  355 F.2d 617· Ct. Cl.· 1966-01-21 ·cited 6×
  Immigration inspectors performing preinspections in "adjacent islands" are entitled to overtime compensation under the 1931 Act, and the government is entitled to recover from the carriers.
• Earshlie I. Albert v. McGRATH
  278 F.2d 16· D.C. Cir.· 1960-03-24 ·cited 6×
  A Maryland wife may maintain an action for alienation of affections in the District of Columbia, even though Maryland has abolished such actions, if the acts giving rise to the claim occurred in the District of Columbia.
• Bostick v. Smoot Sand & Gravel Corp.
  260 F.2d 534· 4th Cir.· 1958-10-13 ·cited 6×
  The court held that the Maryland statute conferring rights to remove sand and gravel from the riverbed applies to Virginia riparian owners, not just Maryland riparian owners.
• Allen v. Oakbrook Sec. Corp.
  763 So. 2d 1099· Fla. 4th DCA· 1999-12-15 ·cited 4×
  Plaintiffs appealed the dismissal of securities fraud claims under Florida's Blue Sky Law (Chapter 517) and negligent misrepresentation claims against various defendants. The court affirmed the dismissal of the Chapter 517 claims because the securities sales occurred entirely in
• Peugeot Motors OF Am., Inc. v. E. Auto Distribs., Inc.
  892 F.2d 355· 4th Cir.· 1989-12-19 ·cited 4×
  The court should affirm the declaratory judgment because the parties' choice of New York law should be interpreted to include New York's statutes governing automobile dealership non-renewal.
• Robert T. Winzinger, Inc. v. Mgmt. Recruiters OF Bucks Cnty., Inc.
  841 F.2d 497· 3d Cir.· 1988-02-29 ·cited 4×
  The New Jersey Private Employment Agency Act does not apply to out-of-state employment agencies, as evidenced by provisions that would yield unreasonable results if applied extraterritorially.
• Sherwood J. Propst v. Fisher
  313 F.2d 248· 6th Cir.· 1963-02-14 ·cited 4×
  The Indiana non-claim statute barring claims against a decedent's estate does not have extraterritorial effect and does not bar actions filed in a federal court in Michigan for wrongful death arising from an accident in Michigan.
• Hershel Pearson v. Globe Indem. Co.
  311 F.2d 517· 5th Cir.· 1962-12-27 ·cited 4×
  A federal court sitting in Mississippi must apply Mississippi's conflict of laws doctrine, which does not give extraterritorial effect to Louisiana's direct action statute.
• Colby v. Long
  289 F.2d 137· 6th Cir.· 1961-04-15 ·cited 4×
  The court held that the trial court erred in applying Ohio's Certificate of Title statute extraterritorially to an Oregon title registration and in excluding evidence of actual ownership, thus improperly imputing the driver's negligence to the plaintiff.