Interlocutory Appeal Under 28 U.S.C. § 1292(B)

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

• Bartholomew v. Va. Chiropractors Ass'n, Inc.
  612 F.2d 812· 4th Cir.· 1979-11-20 ·cited 22×
  The dissenting judge argues that the majority opinion incorrectly grants antitrust immunity to chiropractors and insurers by misinterpreting the McCarran Act and ignoring its legislative history and Supreme Court precedent.
• Theriault v. Smith
  523 F.2d 601· 1st Cir.· 1975-09-30 ·cited 22×
  The court held that the district court did not err in vacating a consent decree because a subsequent Supreme Court decision fundamentally changed the legal basis for the decree, making its continued prospective application inequitable.
• Finley v. Parvin/Dohrmann Co., Inc.
  520 F.2d 386· 2d Cir.· 1975-08-06 ·cited 22×
  The court held that the district judge did not abuse his discretion in denying a motion to dismiss for lack of prosecution, considering the perceived ambiguities in the Individual Assignment System regarding how a plaintiff should proceed to trial.
• Climax Chem. Co. v. C. F. Braun & Co.
  370 F.2d 616· 10th Cir.· 1966-12-29 ·cited 22×
  The court held that a case is not removable to federal court if it does not contain separate and independent claims for relief, and doubts should be resolved in favor of remand.
• Lang v. The ELM City Constr. Co.
  324 F.2d 235· 2d Cir.· 1963-11-13 ·cited 22×
  The court held that the appointment of an administrator to create diversity jurisdiction did not improperly or collusively invoke federal court jurisdiction, and a state statute did not destroy diversity jurisdiction.
• IDS Progressive Fund, Inc. v. First OF Mich. Corp.
  533 F.2d 340· 6th Cir.· 1976-04-16 ·cited 21×
  The court held that Michigan's six-year statute of limitations for common law fraud, not the two-year statute for the Michigan Blue Sky Law, applies to actions brought under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5.
• City Stores Co. v. Lerner Shops OF Dist. OF Columbia, Inc.
  410 F.2d 1010· D.C. Cir.· 1969-03-06 ·cited 21×
  The dissenting judge believes the majority erred in reversing the denial of a motion to compel joinder of insurance carriers.
• Maier Brewing Co. v. The Fleischmann Distilling Corp.
  359 F.2d 156· 9th Cir.· 1966-03-16 ·cited 21×
  Attorney's fees are not recoverable in trademark infringement cases under the Lanham Act because the statute does not provide for them, and such awards are not justified by general equitable principles or prior case law.
• Kohlheim v. Glynn Cnty.
  915 F.2d 1473· 11th Cir.· 1990-10-15 ·cited 20×
  Meal times must be included as hours worked for overtime purposes because firefighters were not relieved of duty. The county personnel ordinance establishes an annual salary, and overtime must be calculated based on the regular rate derived from actual hours worked. The county is
• Thompson v. City OF Starkville
  901 F.2d 456· 5th Cir.· 1990-05-03 ·cited 20×
  The court affirmed the denial of summary judgment on the First Amendment claim, finding the employee's speech addressed matters of public concern, but reversed the denial on the Fourteenth Amendment claim for failure to state a claim.
• Williford v. Armstrong World Indus., Inc.
  715 F.2d 124· 4th Cir.· 1983-08-12 ·cited 20×
  The court held that non-bankrupt co-defendants are not entitled to an automatic stay under 11 U.S.C. § 362(a) and are not entitled to a discretionary stay pending bankruptcy proceedings of other defendants.
• Partlow v. Jewish Orphans' Home OF S. Cal., Inc.
  645 F.2d 757· 9th Cir.· 1981-05-18 ·cited 20×
  The court held that due process requires the district court to notify potential plaintiffs who filed ineffective consents and to toll the statute of limitations to allow them to refile.
• Chancery Clerk OF Chickasaw Cnty. v. Wallace
  646 F.2d 151· 5th Cir.· 1981-03-26 ·cited 20×
  The court held that individuals involuntarily confined in state mental institutions may bring a § 1983 action challenging the constitutionality of the commitment procedures, and that abstention was not appropriate. However, the court vacated the certification of the defendant cla
• Irving M. Rosen in Reorganization of Bermec Corp. v. Dick
  639 F.2d 82· 2d Cir.· 1980-12-30 ·cited 20×
  A co-defendant may rely on another party's jury demand only to the extent of the issues embraced by that demand, and not for issues with which the demanding party is unconnected.
• Knuth v. Erie-Crawford Dairy Coop. Ass'n
  463 F.2d 470· 3d Cir.· 1972-06-28 ·cited 20×
  The court held that the district court erred in instructing the jury on conversion, as the producers did not have a property right in the money paid to the cooperative, and the measure of damages for conversion of milk was not proven.
• Allegheny Airlines, Inc. v. LeMAY
  448 F.2d 1341· 7th Cir.· 1971-07-02 ·cited 20×
  The court held that the dismissal of third-party complaints was not a final decision and therefore not immediately appealable under 28 U.S.C. § 1291.
• Diamond Shamrock Corp. & Fireman's Mut. Ins. Co. v. Lumbermens Mut. Cas. Co.
  416 F.2d 707· 7th Cir.· 1969-09-16 ·cited 20×
  An insurer may join as a co-plaintiff with the insured in a declaratory judgment action against another insurer to determine the cause of a loss, even if their policies are mutually exclusive, provided all interested parties are joined and will be bound by the judgment.
• United States v. Meyer
  398 F.2d 66· 9th Cir.· 1968-07-17 ·cited 20×
  The court held that the government's broad attempt to prevent discovery of its appraisers' opinions and the basis for those opinions in a condemnation case was improper. The court also held that striking the declaration of taking and order for possession was an inappropriate sanc
• Dragor Shipping Corp. v. Union Tank CAR Co.
  361 F.2d 43· 9th Cir.· 1966-04-07 ·cited 20×
  The court held that the Arizona District Court lacked personal jurisdiction over the defendant because the lawsuit concerning a settlement agreement and promissory note executed in New York did not arise out of or involve business done or transactions in Arizona, thus violating d
• Bradbury v. Dennis
  310 F.2d 73· 10th Cir.· 1962-10-15 ·cited 20×
  The court held that an assignment, even if potentially voidable under state law or involving self-dealing, is not improper or collusive under 28 U.S.C. § 1359 if it is not fictitious or a sham and the assignee is the real party in interest.
• Griesmann v. Chem. Leaman Tank Lines, Inc.
  776 F.2d 66· 3d Cir.· 1985-10-29 ·cited 19×
  The court held that the 1977 agreement was an enforceable labor contract, not a collective bargaining agreement, and that the trial court erred in refusing to admit extrinsic evidence regarding its interpretation. The Joint Committee had jurisdiction over the dispute.
• Hernandez v. AIR France
  545 F.2d 279· 1st Cir.· 1976-11-19 ·cited 19×
  The court concurred in the result that Article 17 of the Warsaw Convention does not apply to the plaintiff's claim.
• Goldlawr, Inc. v. Heiman
  288 F.2d 579· 2d Cir.· 1961-02-21 ·cited 19×
  The court held that a transfer under 28 U.S.C. § 1406(a) is proper even without effective personal service in the transferor district, as long as venue is proper and the transfer is in the interest of justice.
• Marx E. Angle v. United States
  709 F.2d 570· 9th Cir.· 1983-06-29 ·cited 18×
  The court held that while the district court had Tucker Act jurisdiction based on a breach of trust theory, the plaintiffs failed to establish a valid claim because they missed the statutory deadline for applications.
• Morici Corp. v. The United States
  681 F.2d 645· 9th Cir.· 1982-07-15 ·cited 18×
  The Ninth Circuit held that the Federal Tort Claims Act's flood immunity provision (33 U.S.C. § 702c) applies when damage results from a project authorized by Congress for flood control, regardless of the specific purpose of the operation at the time of the damage or the employee
• Reale Int'l, Inc. v. Fed. Republic OF Nigeria & Cent. Bank of Nigeria
  647 F.2d 330· 2d Cir.· 1981-04-16 ·cited 18×
  The court held that parties cannot confer federal court jurisdiction by stipulation, and the district court's order denying a motion to dismiss based on such a stipulation must be vacated.
• Consol. Express, Inc. v. NEW York Shipping Ass'n, Inc.
  641 F.2d 90· 3d Cir.· 1981-02-13 ·cited 18×
  The court held that final hearing on antitrust and unfair labor practice claims should be stayed pending the Board's final determination of related unfair labor practice charges.
• Bread Political Action Comm. v. Fed. Election Comm'n
  591 F.2d 29· 7th Cir.· 1979-01-12 ·cited 18×
• Appleton Elec. Co. v. Advance-United Expressways
  494 F.2d 126· 7th Cir.· 1974-01-16 ·cited 18×
  The court held that the manageability concerns raised in Eisen III are not applicable to this refund class action, and that the district court properly certified the class and ordered notice.
• In re Coordinated Pre-Trial Proceedings In W. Liquid Asphalt Cases. Copp Paving Co., Inc. v. Gulf OIL Co.
  487 F.2d 202· 9th Cir.· 1973-10-03 ·cited 18×
  The court held that the production of asphalt for use in interstate highways renders producers 'instrumentalities' of interstate commerce, thus satisfying the 'in commerce' requirement for Sherman, Clayton, and Robinson-Patman Act jurisdiction.
• Tanglewood E. Homeowners v. Charles-Thomas, Inc.
  849 F.2d 1568· 5th Cir.· 1988-07-28 ·cited 17×
  The court held that the complaint stated valid claims under CERCLA and RCRA, and that the district court did not err in denying the motion to dismiss.
• In re Mayer Morganroth v. Fitzsimmons
  718 F.2d 161· 6th Cir.· 1983-09-30 ·cited 17×
  The court held that a witness asserting the Fifth Amendment privilege against self-incrimination due to potential prosecution for perjury and tax evasion requires a new grant of immunity for subsequent testimony, even if immunity was granted for prior testimony on the same subjec
• Gweldon Lee Paschall v. Kan. City Star Co.
  605 F.2d 403· 8th Cir.· 1979-09-04 ·cited 17×
  The court held that the interlocutory appeal was improvidently granted because the case lacked sufficient factual development and ripeness for appellate review of the Sherman Act Section 2 issue.
• Lukenas v. Bryce's Mountain Resort, Inc.
  538 F.2d 594· 4th Cir.· 1976-06-30 ·cited 17×
  The court held that the district court did not abuse its discretion in denying class certification because the claims presented numerous individual differences and lacked common questions of law or fact.
• Nealy v. Warner Chappell Music, Inc.
  60 F.4th 1325· 11th Cir.· 2023-02-27 ·cited 16×
  When a copyright plaintiff has a timely claim under the discovery accrual rule for infringement that occurred more than three years before the lawsuit was filed, the plaintiff may recover damages for that infringement.
• Greenwood Tr. Co. v. Commonwealth OF Mass.
  971 F.2d 818· 1st Cir.· 1992-08-06 ·cited 16×
  A federally insured bank chartered in Delaware can charge its Massachusetts credit-card customers a late fee on delinquent accounts, notwithstanding a Massachusetts statute prohibiting the practice, because federal law preempts the state statute.
• Meriwether v. Coughlin
  879 F.2d 1037· 2d Cir.· 1989-06-30 ·cited 16×
  The court held that a new trial should be granted on the First Amendment claim, and that the denial of judgment n.o.v. on the Eighth Amendment claim should be reversed.
• Barbera v. Smith
  836 F.2d 96· 2d Cir.· 1987-12-30 ·cited 16×
  The court held that a prosecutor is not absolutely immune for investigative actions like revealing a witness's identity or denying protection, but is entitled to qualified immunity if the conduct does not violate clearly established rights.
• Gardiner v. Sea-Land Serv., Inc.
  786 F.2d 943· 9th Cir.· 1986-04-08 ·cited 16×
  A union cannot bargain away an individual seaman's common law right to maintenance by agreeing to an inadequate daily maintenance rate.
• 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.
• Razorback Ready MIX Concrete Co., Inc. v. Weaver
  761 F.2d 484· 8th Cir.· 1985-05-08 ·cited 16×
  The court held that defendants' actions in challenging a bond issue through litigation were protected by the Noerr-Pennington doctrine and that the plaintiff failed to allege injury to competition under the Sherman Act.
• Tolson v. United States
  732 F.2d 998· D.C. Cir.· 1984-04-27 ·cited 16×
  The court held that the district court improperly invoked Rule 54(b) to enter a final judgment on part of a single claim, and therefore dismissed the appeal.
• Adams v. Gould, Inc.
  687 F.2d 27· 3d Cir.· 1982-09-02 ·cited 16×
  Employees are bound by the results of an arbitration between their employer and union, and are therefore barred from bringing their own suit in federal court.
• Fed. Deposit Ins. Corp. v. DYE
  642 F.2d 833· 5th Cir.· 1981-04-17 ·cited 16×
  The court held that disseminating information already publicly available in an adjoining county does not constitute a "disclosure" under the Privacy Act, and that it lacked jurisdiction to hear appeals on other counterclaims not certified for interlocutory review.
• Axinn & Sons Lumber Co., Inc.
  627 F.2d 631· 2d Cir.· 1980-08-11 ·cited 16×
  The court held that a writ of mandamus would not issue to compel a district judge to approve a class action settlement, as there was no clear abuse of discretion in his disapproval.
• Pueblo Int'l, Inc. v. de Cardona
  725 F.2d 823· 1st Cir.· 1984-01-26 ·cited 15×
  The court held that the district court properly removed the case to federal court based on federal question jurisdiction under 28 U.S.C. § 1441(b), allowing for the removal of pendent state claims.
• Fisher v. First Nat'l Bank OF Omaha
  548 F.2d 255· 8th Cir.· 1977-01-28 ·cited 15×
  A national bank may charge the highest interest rate permitted by state law to any competing state-chartered or licensed lending institution, including small loan companies, under the 'most favored lender' doctrine, even if state banks are restricted to lower rates.
• Cletis Meredith Miller v. Bolger
  802 F.2d 660· 3d Cir.· 1986-09-30 ·cited 14×
  Receipt of compensation under the Federal Employees' Compensation Act (FECA) does not preclude a federal employee from pursuing remedies under Title VII for discrimination.
• Smith v. Johns-Manville Corp.
  795 F.2d 301· 3d Cir.· 1986-07-03 ·cited 14×
  The General Service Administration's decision to sell surplus asbestos "as is" without warnings or warranties falls within the discretionary function exception to the Federal Tort Claims Act, shielding the government from tort liability.
• Vittorio Mineo v. Port Auth. OF NEW York & NEW Jersey
  779 F.2d 939· 3d Cir.· 1985-12-27 ·cited 14×
  The court held that the Fair Labor Standards Act (FLSA) applies to Port Authority police detectives, and the Supreme Court's decision in Garcia should be applied retroactively.