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

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

• Sykes v. Krieger
  551 F.2d 689· 6th Cir.· 1976-12-30 ·cited 4×
  The court held that the Eleventh Amendment and Rule 19 require further proceedings to determine if state officials can be joined and if the action against them is barred. The court also remanded the appeal of Mayor Perk to determine mootness.
• Interstate Indus., Inc. v. Barclay Indus., Inc.
  540 F.2d 868· 7th Cir.· 1976-08-24 ·cited 4×
  The court held that a price quotation letter, lacking specific terms and indicating a preliminary step, does not constitute an offer, thus precluding the formation of a contract and personal jurisdiction based on supplying goods in the state.
• United States v. Weyerhaeuser Co.
  538 F.2d 1363· 9th Cir.· 1976-06-14 ·cited 4×
  The court held that the expected future payments for government use of a condemned road are not compensable as part of just compensation under the Fifth Amendment.
• United States v. Am. Renaissance Lines, Inc.
  494 F.2d 1059· D.C. Cir.· 1974-02-27 ·cited 4×
  An oral agreement for charter of a ship is insufficient to allow the government to recover damages for breach of contract because applicable statutes and regulations require a written agreement.
• Mottola v. Nixon
  464 F.2d 178· 9th Cir.· 1972-07-13 ·cited 4×
  The court held that the appellees, as military reservists, lacked standing to challenge the constitutionality of military operations in Cambodia because they failed to allege a direct, personal injury in fact.
• Kanazawa Ltd. v. Sound
  440 F.2d 1239· 9th Cir.· 1971-03-29 ·cited 4×
  The court held that the Federal Arbitration Act applies to commerce in unincorporated territories like Guam, making arbitration agreements enforceable.
• Tcherepnin v. Knight
  371 F.2d 374· 7th Cir.· 1967-01-20 ·cited 4×
  Withdrawable capital shares in Illinois savings and loan associations are 'securities' within the meaning of the Securities Exchange Act of 1934, making their anti-fraud provisions applicable.
• Alec C. Levin and Oswald E. Roggenkamp v. Joint Comm'n ON Accreditation OF Hosps.
  354 F.2d 515· D.C. Cir.· 1965-12-08 ·cited 4×
  The court held that the Joint Commission transacts business in the District for venue purposes and that summary judgment for Doctors Hospital was inappropriate due to unresolved factual issues.
• Slater v. Stoffel
  313 F.2d 175· 7th Cir.· 1963-02-08 ·cited 4×
  A federal court adjudicating a state-created right must apply state procedural rules, including estate claim filing requirements, even if it means dismissing the federal action.
• Pa. Tpk. Comm'n v. McGINNES
  268 F.2d 65· 3d Cir.· 1959-06-08 ·cited 4×
• MacIariello v. W.B. Sumner
  973 F.2d 295· 4th Cir.· 1992-08-18 ·cited 3×
  Government officials are entitled to qualified immunity when their conduct does not violate clearly established statutory or constitutional rights, and the plaintiffs' actions did not constitute protected speech that was a 'but for' cause of their demotions.
• Matilda Scott v. Sherwood A. Jones
  964 F.2d 314· 4th Cir.· 1992-05-06 ·cited 3×
  An attorney whose business's principal purpose is debt collection, even if exclusively through legal activities like filing lawsuits, qualifies as a 'debt collector' under the FDCPA.
• Calixto v. Watson Bowman Acme Corp.
  637 F. Supp. 2d 1064· S.D. Fla.· 2009-06-02 ·cited 2×
  The court held that New York law has the most significant relationship to the case and will apply to the claims.
• Prudential Ins. Co. OF Am. v. United States Gypsum Co.
  991 F.2d 1080· 3d Cir.· 1993-03-31 ·cited 2×
  The court held that the district court abused its discretion by appointing a special master under Fed.R.Civ.P. 53(b) without meeting the stringent 'exceptional condition' standard, especially given the availability of magistrate judges.
• Slaven v. BP Am., Inc.
  973 F.2d 1468· 9th Cir.· 1992-08-31 ·cited 2×
  The Trans-Alaska Pipeline Authorization Act's (TAPAA) strict liability provision applies to oil spills from vessels that received Alaskan oil via trans-loading, not just those that loaded directly at pipeline terminal facilities.
• Stinson v. Kaiser Gypsum Co., Inc.
  972 F.2d 59· 3d Cir.· 1992-08-12 ·cited 2×
  Pennsylvania Rule of Civil Procedure 401 does not apply to revive a dismissed action for purposes of the statute of limitations, especially when a savings statute explicitly excludes personal injury claims.
• Engleson v. Burlington N. R.R. Co.
  972 F.2d 1038· 9th Cir.· 1992-08-06 ·cited 2×
  The court held that the district court abused its discretion in treating the second complaint as a Rule 60(b) motion, and affirmed summary judgment on the ground that the action was barred by the statute of limitations.
• Jess Wesley Crawford v. Genuine Parts Co., Inc.
  947 F.2d 1405· 9th Cir.· 1991-10-31 ·cited 2×
  Federal courts must defer to tribal courts when a dispute arises on the reservation and the assertion of tribal jurisdiction is not made in bad faith, even if the assertion is late in the federal proceedings.
• Milleville v. United States
  751 F. Supp. 976· M.D. Fla.· 1990-11-27 ·cited 2×
  The court held that the Feres doctrine does not bar the plaintiffs' suit because applying it would not further its underlying purpose of protecting military discipline, as the alleged negligence was by a civilian employee and not connected to military operations.
• Manshack v. Sw. Elec. Power Co.
  915 F.2d 172· 5th Cir.· 1990-10-25 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the personal injury lawsuit without prejudice, nor in failing to strictly adhere to local rules regarding notice.
• Grassi v. Ciba-Geigy, Ltd.
  894 F.2d 181· 5th Cir.· 1990-02-16 ·cited 2×
  Federal district courts have the authority to examine the motives behind a partial assignment that destroys diversity jurisdiction and to disregard the assignment if it was made principally to defeat removal.
• RED Bull Assocs. v. Best W. Int'l, Inc.
  862 F.2d 963· 2d Cir.· 1988-11-29 ·cited 2×
  A district court's discretion to transfer a case under 28 U.S.C. § 1404(a) is broad, and enforcing a forum selection clause is not mandatory when it would contravene strong public policy, such as the enforcement of civil rights laws.
• McLAUGHLIN v. Owens Plastering Co.
  841 F.2d 299· 9th Cir.· 1988-03-07 ·cited 2×
  The court held that the Secretary's claim for liquidated damages under section 16(c) of the Fair Labor Standards Act, even when joined with a claim for equitable relief under section 17, entitles the defendant to a jury trial.
• In re Grand Jury Matter. Appeal of Dist. Council 33 Health & Welf. Fund
  770 F.2d 36· 3d Cir.· 1985-08-09 ·cited 2×
  The denial of a motion to quash a grand jury subpoena is not immediately appealable unless the subpoena is not directed to the appellant. Earl Stout lacked standing to appeal as he asserted no interest in the subpoenaed documents.
• Michota v. Anheuser-Busch
  755 F.2d 330· 3d Cir.· 1985-02-22 ·cited 2×
  The court held that inclusion of a pension plan amendment in a collective bargaining agreement ratified by union members constitutes constructive notice to beneficiaries of the pension trust.
• Aristeu Fontes de Oliveira v. DELTA Marine Drilling Co.
  684 F.2d 337· 5th Cir.· 1982-08-30 ·cited 2×
  The court held that there were insufficient contacts with the United States to justify applying American law to the plaintiff's personal injury claim.
• Bradford v. Sears
  673 F.2d 792· 5th Cir.· 1982-04-22 ·cited 2×
  The court held that the district court abused its discretion by certifying a statewide class action based solely on the plaintiff's unverified complaint and without sufficient evidence of commonality, typicality, or adequate representation.
• United States v. Fowler
  646 F.2d 859· 4th Cir.· 1981-04-21 ·cited 2×
  Operators who abate violations cited in a notice, without contesting the reasonableness of the abatement period, are entitled to de novo review of both the violations and penalties in a subsequent enforcement proceeding.
• United States v. Gulf Puerto RICO Lines, Inc.
  492 F.2d 1249· 1st Cir.· 1974-03-19 ·cited 2×
  The court held that the carrier waived the one-year statute of limitations by accepting an overstamped bill of lading, and that the United States is not subject to COGSA's limitations period without clear Congressional intent.
• Berndtson v. Honorable Oren R. Lewis
  465 F.2d 706· 4th Cir.· 1972-08-08 ·cited 2×
  The court held that Captain Berndtson was entitled to absolute official immunity for statements made during a Navy-authorized interview, as he was acting within the scope of his duties delegated by the Secretary of the Navy.
• United States v. 365.0 Acres OF Land
  428 F.2d 459· 4th Cir.· 1970-06-29 ·cited 2×
  The United States has the authority to use eminent domain to acquire land adjoining the Blue Ridge Parkway for recreational uses.
• Unicon Mgmt. Corp. v. City OF Chicago
  404 F.2d 627· 7th Cir.· 1968-12-20 ·cited 2×
  A "no-damages-for-delay" clause in a construction contract bars recovery for damages caused by the owner's delays, even if those delays are characterized as "arbitrary, capricious, and unjustified procrastination," unless bad faith or fraud is proven.
• Ross v. Bernhard
  403 F.2d 909· 2d Cir.· 1968-11-01 ·cited 2×
  The Seventh Amendment's guarantee of a jury trial does not extend to stockholders' derivative actions, as these actions have historically been considered equitable in nature.
• Brooks v. Hess OIL V.I. Corp.
  809 F.2d 206· 3d Cir.· 1987-01-12 ·cited 1×
  The court held that Liberian Labor Law does not govern non-Liberian seamen's overtime claims, and the collective bargaining agreement, not the Labor Law, dictates overtime pay.
• John Doe I v. Parviz Sabeti
  M.D. Fla.· 2025-12-22
  The court held that it would not consider new arguments raised for the first time in objections to a magistrate judge's report and recommendation, and that the defendant's motion to modify the protective order was denied.
• CMR Constr. & Roofing LLC v. The Orchards Condo. Ass'n, Inc.
  M.D. Fla.· 2024-10-16
  The court granted in part and denied in part the motion to stay and reconsider, staying the current action pending appeal but denying reconsideration of a prior order.
• Sec. & Exch. Comm'n v. Arbitrade Ltd.
  S.D. Fla.· 2024-03-06
  The court denied the motion for reconsideration and certification for interlocutory appeal, finding no clear error or manifest injustice and no substantial ground for difference of opinion on the controlling legal question.
• Landcastle Acquisition Corp. v. Renasant Bank
  57 F.4th 1203· 11th Cir.· 2023-01-12
  Landcastle Acquisition Corp. sued Renasant Bank to recover funds from a certificate of deposit pledged as collateral for a loan, arguing that the law firm's manager lacked authority to pledge the asset on behalf of the firm. The Eleventh Circuit held that under the D'Oench doctri
• Jane Doe 4 v. Choice Hotels Int'l, Inc.
  11th Cir.· 2021-12-22
  The court held that to state a claim for beneficiary liability under the TVPRA, a plaintiff must allege the defendant knowingly benefited from participating in a venture that violated the TVPRA, and the defendant knew or should have known of the violation. The court affirmed the
• Faye L. Roth Revocable Tr. v. UBS Painewebber Inc.
  323 F. Supp. 2d 1279· S.D. Fla.· 2004-03-30
  The court held that Section 12(a)(2) of the Securities Act applies only to registered public offerings, not private placements, and therefore plaintiffs could not bring a Section 12(a)(2) claim for the unregistered offering at issue.
• Tokio Marine & Fire Ins. Co. v. Amato Motors
  996 F.2d 874· 7th Cir.· 1993-06-11
  Deregulation of trailer-on-flatcar (TOFC) and container-on-flatcar (COFC) services under the Staggers Act does not exempt common carriers from liability under the Carmack Amendment.
• Westinghouse Elec. Corp. v. B.H. Franklin
  993 F.2d 349· 3d Cir.· 1993-05-19
  The uniform one-year/three-year federal limitations period adopted for Section 10(b) claims also applies to Section 14(a) claims and should be applied retroactively.
• Thomas M. Germain for the Est. of O'Sullivan's Fuel Oil Co., Inc. v. The Conn. Nat'l Bank
  988 F.2d 1323· 2d Cir.· 1993-03-24
  The dissenting judge believes the court should decide the issue of whether bankruptcy courts have the authority to conduct jury trials, rather than remanding without resolution.
• Grant v. Shalala
  989 F.2d 1332· 3d Cir.· 1993-03-05
  The district court has the authority to conduct a de novo fact-finding trial when reviewing collateral class actions that challenge an agency's practices or policies as unconstitutional or statutorily unlawful. The standard of review in such cases is not limited by Section 205(g)
• United Mine Workers OF Am. 1974 Pension v. Pittston Co.
  984 F.2d 469· D.C. Cir.· 1993-02-02
  The court held that the 'evergreen clause' in collective bargaining agreements unambiguously obligates signatory employers to make continuing contributions to pension trusts at rates specified in successor National Bituminous Coal Wage Agreements, regardless of whether the employ
• Adkinson v. Int'l Harvester Co.
  975 F.2d 208· 5th Cir.· 1992-10-19
  The court held that Mississippi's commercial code is supplemented by principles of contribution and indemnity, which bar Navistar's claim for breach of the implied warranty of merchantability because Navistar was found to be actively at fault.
• Barnard v. Zapata Haynie Corp. & Aetna Cas. & Sur. Co.
  975 F.2d 919· 1st Cir.· 1992-09-15
  The Longshore and Harbor Workers' Compensation Act (LHWCA) preempts state tort claims for an employer's intentional failure to make timely compensation payments, as the LHWCA provides the exclusive remedy.
• Watson v. Lowcountry RED Cross
  974 F.2d 482· 4th Cir.· 1992-08-28
  The court did not decide the existence or extent of a donor's privacy rights regarding diseases transmitted by blood.
• Krangel v. Gen. Dynamics Corp.
  968 F.2d 914· 9th Cir.· 1992-07-01
  The court held that 28 U.S.C. § 1447(d) bars appellate review of a district court's order remanding an action to state court for lack of federal jurisdiction, even when the order is certified for interlocutory appeal under 28 U.S.C. § 1292(b).
• Westlands Water Dist. v. Amoco Chem. Co.
  953 F.2d 1109· 9th Cir.· 1991-12-30
  The court held that a water district, unlike a municipality with police powers, can seek punitive damages under Cal. Civil Code § 3294 because it lacks alternative means of punishment.