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

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

• Lucas v. Innocenzo Natoli
  936 F.2d 432· 9th Cir.· 1991-06-17
  The court held that the 120-day service requirement of Fed.R.Civ.P. 4(j) does not apply to service made in a foreign country.
• Brownlee v. Yellow Freight Sys., Inc.
  921 F.2d 745· 8th Cir.· 1990-12-10
  Employees seeking backpay for a union's breach of its duty of fair representation have a right to a jury trial, and common issues in hybrid claims against both union and employer should be tried to the jury.
• United States v. Mikelis Kirsteins
  906 F.2d 919· 2d Cir.· 1990-06-27
  The court held that the interview was not custodial, and therefore Miranda warnings were not required.
• Shochet Sec., Inc. v. First Union Corp.
  663 F. Supp. 1035· S.D. Fla.· 1987-07-06
  The court held that Fla.Stat. § 475.01(3) is unconstitutional as applied because its title did not provide adequate notice of its inclusion of business brokers. Therefore, the plaintiff was not barred from seeking a commission for arranging the sale of a business enterprise.
• Henson v. E. Lincoln Twp.
  814 F.2d 410· 7th Cir.· 1987-03-11
  The court held that while Rule 23(b)(2) defendant class actions are not absolutely prohibited, they should be reserved for rare circumstances and are not appropriate in this case due to unmanageability and unfocused remedies.
• Puerto RICO Drydock & Marine Terminals, Inc. v. The Motor Vessel Luisa del Caribe
  746 F.2d 93· 1st Cir.· 1984-10-15
  The court held that the statutory exemption for seamen to prepay fees and costs does not extend to the marshal's advance payment of expenses for vessel custody and insurance.
• Green v. McCALL
  710 F.2d 29· 2d Cir.· 1983-06-07
  The court held that Connecticut's long-arm statute, patterned after New York's, requires an agent to have represented the defendant in their individual capacity for jurisdiction to attach in an individual capacity, which was not shown here.
• DELTA & Pine Land Co. v. Peoples GIN Co. & Hollandale Seed & Delinting Co., Inc.
  694 F.2d 1012· 5th Cir.· 1983-01-03
  The court held that the 'crop exemption' under the Plant Variety Protection Act does not cover sales arranged by a third party, such as a cooperative, and that dispensing protected seed without notice of its protected status violates the Act.
• Proctor & Schwartz, Inc. v. Rollins
  634 F.2d 738· 4th Cir.· 1980-11-13
  The court held that South Carolina's "door-closing" statute deprived the district court of jurisdiction over a suit brought by a foreign plaintiff against foreign corporations for a cause of action that arose outside of South Carolina.
• GAF Corp. v. Cnty. Sch. Bd. of Wash. Cnty.
  629 F.2d 981· 4th Cir.· 1980-09-18
  The court held that GAF's guarantee was a warranty, not a contract of insurance, and thus the Virginia Unauthorized Insurers Process Act did not apply to service of process.
• United States v. Rent-A-Homes Sys. OF Ill., Inc.
  602 F.2d 795· 7th Cir.· 1979-08-06
  The Attorney General, in an action under 42 U.S.C. § 3613 to enforce the Fair Housing Act, cannot seek compensatory monetary damages for victims of discrimination, as the statute only authorizes "preventive relief" and "other order[s]" of an equitable nature.
• Arrowood v. Gen. Motors Corp.
  539 F.2d 1321· 4th Cir.· 1976-03-03
  The court held that the North Carolina statute of limitations for wrongful death actions arising from defective products accrues at the time of death, not upon discovery of the defect or date of purchase.
• Pratt v. First Cal. Co.
  517 F.2d 11· 10th Cir.· 1975-05-16
  The court held that the plaintiff's mailing of stock certificates from Utah to defendants did not constitute an "act or transaction" occurring in Utah for venue purposes under the Securities Exchange Act.
• Bank OF Cal. Nat'l Ass'n v. Twin Harbors Lumber Co.
  465 F.2d 489· 9th Cir.· 1972-08-25
  The court held that the plaintiff, as trustee, has standing to sue for damages exceeding the jurisdictional amount, and the trial court's order regarding class action was premature.
• Driscoll v. Gebert
  458 F.2d 421· 9th Cir.· 1972-04-20
  A new California long arm statute, Code of Civil Procedure § 410.10, applies to actions pending before its effective date, allowing for personal jurisdiction over defendants served under its provisions.
• United States v. 62.57 Acres OF Land IN Yuma Cnty.
  449 F.2d 5· 9th Cir.· 1971-10-01
  A patent's legal description, tied to a specific meridian and official survey, conveys the entire parcel identified by that survey, even if river movement places part of it in another state or riparian to that river, provided the grantor owned land on both sides.