Federal Rule Of Civil Procedure 17(B)

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

• Cooper v. Am. Airlines, Inc.
  149 F.2d 355· 2d Cir.· 1945-04-25 ·cited 64×
  A foreign personal representative suing for wrongful death in another state for the benefit of specific individuals has the capacity to sue in New York.
• Almond v. Kent
  459 F.2d 200· 4th Cir.· 1972-04-10 ·cited 54×
  A prisoner's capacity to sue under 42 U.S.C. § 1983 is governed by federal law, not restrictive state statutes requiring a committee, and the applicable statute of limitations is the state's general personal injury period.
• Klebanow v. NEW York Produce Exch.
  344 F.2d 294· 2d Cir.· 1965-04-02 ·cited 50×
  Limited partners of a dissolved New York partnership may sue on its behalf for antitrust damages if the general partners have rendered themselves unable to sue and their delegate is unwilling due to affiliations with defendants.
• Van Sant v. Am. Express Co.
  169 F.2d 355· 3d Cir.· 1947-10-21 ·cited 40×
  The court held that amendments to pleadings to properly allege diversity jurisdiction are permissible, and a statute of limitations defense is waived if not timely pleaded.
• Underwood v. Maloney
  256 F.2d 334· 3d Cir.· 1958-03-26 ·cited 36×
  The court held that federal courts must apply state law to determine the capacity of unincorporated associations to sue or be sued in diversity cases, and that Pennsylvania law prohibits class actions by or against such associations, thus requiring dismissal for lack of diversity
• Fallat v. Gouran
  220 F.2d 325· 3d Cir.· 1955-03-18 ·cited 36×
  The citizenship of a guardian, not the incompetent ward, controls for determining diversity jurisdiction in federal court.
• 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.
• Marston v. Am. Emp'rs Ins. Co.
  439 F.2d 1035· 1st Cir.· 1971-03-22 ·cited 32×
  The court held that the insurance policy was ambiguous and covered Inter-Island's negligence, that the administratrices had capacity to sue due to waiver, and that the district court did not abuse its discretion in awarding attorneys' fees for obstinacy.
• Crowe v. Clorinda DI Manno
  225 F.2d 652· 1st Cir.· 1955-09-15 ·cited 30×
  A trial judge's excessive and biased participation, including improper questioning and comments on evidence, can deprive a defendant of a fair trial, necessitating a new trial.
• Borror v. Sharon Steel Co.
  327 F.2d 165· 3d Cir.· 1964-01-27 ·cited 28×
  The court held that the administrator, as a statutory representative with diverse citizenship, has the capacity to sue under Rule 17(a) and that the court has jurisdiction over the wrongful death action, potentially through pendent jurisdiction with the survival action.
• Glickstein v. SUN Bank/Miami, N.A.
  922 F.2d 666· 11th Cir.· 1991-01-28 ·cited 26×
  The district court erred in dismissing the complaint for lack of standing and failure to exhaust probate remedies; Glickstein's subsequent appointment as personal representative cures the capacity defect, and the probate exception and exhaustion doctrines do not bar the action.
• Cmty. Elec. Serv. OF LOS Angeles, Inc. v. Nat'l Elec. Contractors Ass'n, Inc.
  869 F.2d 1235· 9th Cir.· 1989-03-06 ·cited 20×
  The court should affirm the denial of sanctions because the motion was not timely filed, despite the majority's interpretation of precedent.
• DAY v. Avery
  548 F.2d 1018· D.C. Cir.· 1976-11-10 ·cited 18×
  The court held that removal of the case was proper and affirmed summary judgment for the defendants on both breach of contract and misrepresentation claims.
• United States v. Olavarrieta
  812 F.2d 640· 11th Cir.· 1987-01-22 ·cited 14×
  The court held that the district court properly dismissed the third-party complaints and granted summary judgment for the government, affirming the final judgment.
• Ilsa Klinghoffer and Lisa Klinghoffer Arbitter v. S.N.C. Achille Lauro ED Altri-Gestione Motonave Achille Lauro IN Amministrazione Straordinaria
  937 F.2d 44· 2d Cir.· 1991-06-21 ·cited 13×
  The court held that the PLO is not immune from suit and the case does not present a non-justiciable political question, but remanded for further findings on personal jurisdiction and service of process.
• Levin Metals Corp. v. Parr-Richmond Terminal Co.
  817 F.2d 1448· 9th Cir.· 1987-05-27 ·cited 12×
  A dissolved corporation cannot be sued under CERCLA for causes of action that arose after its dissolution, even if the underlying conduct occurred before dissolution.
• Boeing Airplane Co. v. Perry
  322 F.2d 589· 10th Cir.· 1963-09-16 ·cited 12×
  The court held that an assignment of a beneficiary's interest in a state-created wrongful death action to the United States, under federal compensation law, does not divest the administrator of their exclusive right to maintain the suit under state law.
• Jennifer and Monica Osei-Afriyie v. The Med. Coll. OF Pa. & Stull
  937 F.2d 876· 3d Cir.· 1991-07-01 ·cited 8×
  A non-attorney parent cannot represent minor children in federal court; the children's claims are vacated and remanded for potential appointment of counsel or dismissal. The parent's own claims are affirmed as time-barred.
• Tse-Ming Cheung, M.D. v. Youth Orchestra Found. OF Buffalo, Inc.
  906 F.2d 59· 2d Cir.· 1990-06-21 ·cited 7×
  A non-attorney parent cannot represent their minor child pro se in federal court; the parent must retain counsel or request appointed counsel.
• Ways v. City OF Lincoln
  871 F.2d 750· 8th Cir.· 1989-04-03 ·cited 7×
  The court held that the evidence was sufficient to establish a racially hostile work environment under Title VII, that the jury verdict was not inconsistent, and that the parties' failure to object to jury instructions regarding the LPD's liability was their own fault, but that t
• Allright Mo., Inc. v. Billeter
  829 F.2d 631· 8th Cir.· 1987-09-16 ·cited 6×
  The court held that limited partners have the capacity to bring derivative suits under Missouri law and that Allright adequately complied with federal procedural rules for such suits. However, the court affirmed the dismissal of the RICO claim for failure to allege a pattern of r
• Barrack v. The Honorable Francis L. VAN Dusen
  309 F.2d 953· 3d Cir.· 1962-11-19 ·cited 6×
  A district court cannot transfer an action under 28 U.S.C. § 1404(a) to a district where the plaintiff lacked the unqualified right to bring suit at the time of filing.
• Chrissy F. v. Miss. Dep't OF Pub. Welf.
  883 F.2d 25· 5th Cir.· 1989-09-11 ·cited 5×
  The court held that the district court erred in dismissing the case for lack of jurisdiction based on the plaintiff's capacity to sue. The district court must determine if the plaintiff can represent the infant under state law or appoint a suitable representative.
• Bd. OF Educ. OF the City OF Peoria v. Ill. State Bd. OF Educ.
  810 F.2d 707· 7th Cir.· 1987-01-27 ·cited 4×
  The court held that the State Board of Education has a duty under federal law to combat intentional racial segregation, and cannot delegate this responsibility to local school districts when they are the potential violators.
• Rella F. Fennell v. Monongahela Power Co.
  350 F.2d 867· 4th Cir.· 1965-09-09 ·cited 4×
  A foreign administrator cannot sue in West Virginia if state law prohibits a non-resident from acting in a fiduciary capacity.
• Guillaume Danos, Sr. v. Waterford OIL Co.
  266 F.2d 76· 5th Cir.· 1959-04-30 ·cited 4×
  An administrator of a succession that owes no debts lacks the capacity under Louisiana law to bring a petitory action alone, even if joining heirs would destroy diversity jurisdiction.
• Benz v. Compania Naviera Hidalgo, S.A.
  233 F.2d 62· 9th Cir.· 1956-04-06 ·cited 4×
  Federal courts have jurisdiction to award damages for tortious picketing under state law, even if the picketing is peaceful, provided federal law does not offer a substantially similar remedy. However, judgments against unincorporated associations cannot be enforced against assoc
• Douglas B. Firestone (90-4114/4120) v. Galbreath
  976 F.2d 279· 6th Cir.· 1992-09-23 ·cited 2×
  The court held that the grandchildren lacked standing to bring claims on behalf of the estate or trust because they failed to make a proper demand on the executor/trustee and their alleged injuries were indirect. The court also affirmed dismissal of other claims based on lack of
• Gegenheimer v. Raoul A. "Skip" Galan, Jr.
  920 F.2d 307· 5th Cir.· 1991-01-09 ·cited 2×
  A successor clerk of court, sued in his official capacity, is liable for an intentional tort committed by his predecessor, as the liability attaches to the office, not the individual.
• Northbrook Excess & Surplus Ins. Co. v. The Med. Malpractice Joint Underwriting Ass'n OF Mass.
  900 F.2d 476· 1st Cir.· 1990-04-11 ·cited 2×
  The court held that Federal Rule of Civil Procedure 23.2 cannot be used to create diversity jurisdiction when an unincorporated association has jural status under state law. Therefore, the plaintiff could not amend its complaint to sue the association's members as a class.
• Mather Constr. Co. v. The United States
  475 F.2d 1152· Ct. Cl.· 1973-03-16 ·cited 2×
  A corporation's capacity to sue is determined by the law of its state of incorporation, and a corporation suspended for failure to pay taxes lacks the capacity to maintain a suit.
• Council NO. 34, Am. Fed'n OF State, Cnty. & Mun. Emps., AFL-CIO v. Ogilvie
  465 F.2d 221· 7th Cir.· 1972-07-10 ·cited 2×
  The court held that the plaintiff Union lacked standing to bring the suit because no individualized injury to its members was alleged, and thus the federal courts could not render an advisory opinion on the constitutionality of the financial disclosure requirements.
• Urbano v. News Syndicate Co., Inc.
  358 F.2d 145· 2d Cir.· 1966-03-11 ·cited 2×
  The court held that the district court erred in applying New York law to determine the plaintiff's capacity to sue, as Federal Rule of Civil Procedure 17(b) requires application of the law of the plaintiff's domicile.
• Eads v. Sayen
  281 F.2d 791· 7th Cir.· 1960-08-12 ·cited 2×
• Scannavino v. Fla. Dep't of Corr.
  184 F. Supp. 124· M.D. Fla.· 2007-04-30 ·cited 1×
  The court found the plaintiff mentally incompetent to understand the litigation and appointed a guardian ad litem to protect her interests.
• Gonzalez v. M/V Destiny Panama
  102 F. Supp. 822· S.D. Fla.· 2001-06-19 ·cited 1×
• Ripalda v. Am. Operations Corp.
  977 F.2d 1464· D.C. Cir.· 1992-10-20 ·cited 1×
  The court held that the district court abused its discretion in dismissing the case as a sanction for attorney misconduct and erred in finding a lack of diversity jurisdiction based on a dissolved corporation's citizenship.
• Gilliam v. Fort Myers Police Dep't (Chief of Police)
  M.D. Fla.· 2025-03-17
  The court granted the motion to dismiss in part, dismissing most claims due to procedural defects like shotgun pleading, improper party joinder, and lack of factual support, but allowed a Fourth Amendment claim against Officer Greene for an unlawful personal search to proceed.
• Joseph v. Gen. Conf. Corp. of 7th Day Adventist
  S.D. Fla.· 2025-02-26
  Plaintiff Lorfils Joseph filed a lawsuit against the General Conference Corporation of the Seventh-day Adventist Church in federal district court in Florida. The court granted Joseph's request to proceed without paying court fees and costs, issued summonses for the defendants, an
• Gatlyn v. Doe
  S.D. Fla.· 2024-10-15
  The court granted in part and denied in part the motion to quash service or dismiss, dismissing official capacity claims and injunctive/declaratory relief as moot or barred by sovereign immunity, but extending time for the plaintiff to serve the personal representative for indivi
• Wonders Tr. v. Deaton, Inc.
  997 F. Supp. 2d 741· M.D. Fla.· 2000-09-29
  The court held that a plaintiff's willful failure to cooperate in discovery, particularly regarding its legal existence and capacity to sue, warranted dismissal of the action with prejudice as a sanction.
• Citronelle-Mobile Gathering, Inc. v. Watkins
  934 F.2d 1178· 11th Cir.· 1991-06-27
  The court held that it has jurisdiction over appeals concerning post-judgment enforcement actions, even if stemming from underlying ESA/EPAA violations, and that a receiver appointed by a court with personal jurisdiction over the defendant may exercise authority over foreign asse
• Thomas v. J.W. Humfield
  916 F.2d 1032· 5th Cir.· 1990-11-08
  The court held that the district court erred by declaring the plaintiff incompetent and appointing a guardian ad litem without affording him a due process hearing. The law of the litigant's domicile determines competence to sue, but federal procedures can be used for the determin