Intrastate Commerce

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

• Ferguson v. McDonald
  66 Fla. 494· Fla.· 1913-12-17 ·cited 137×
  The Florida Supreme Court reversed a habeas corpus discharge of an agent of Western Union Telegraph Company who was convicted under a Miami city ordinance requiring a license tax on telegraph companies doing intrastate business. The court held that municipalities may impose licen
• United States v. Gen. Motors Corp.
  121 F.2d 376· 7th Cir.· 1941-05-01 ·cited 117×
  The court held that the manufacturer's restriction on purchasers and sub-purchasers of its cars, which discriminated between potential buyers and interfered with competitive forces, constituted an illegal restraint of trade.
• Florida Rate Conference v. Fla. R.R. & Pub. Utils. Comm'n
  108 So. 2d 601· Fla.· 1959-01-09 ·cited 80×
  The Florida Supreme Court reviewed a Railroad and Public Utilities Commission order granting an 8.72% intrastate rate increase to motor freight carriers. The Court held that the Commission's order was invalid because it explicitly relied upon a separation study it characterized a
• World Carpets, Inc. v. Dick Littrell's NEW World Carpets
  438 F.2d 482· 5th Cir.· 1971-02-08 ·cited 79×
  The court held that the trademark WORLD is not primarily geographically descriptive and is therefore validly registrable, and that the defendant's use of NEW WORLD CARPETS created a likelihood of confusion, constituting trademark infringement.
• Marietta Page v. Telford Work
  290 F.2d 323· 9th Cir.· 1961-03-08 ·cited 76×
  The court denied the petition for rehearing, affirming the prior decision to dismiss the action for want of federal jurisdiction.
• Littlejohn v. Shell OIL Co.
  483 F.2d 1140· 5th Cir.· 1973-08-10 ·cited 73×
• Guess v. Montague
  140 F.2d 500· 4th Cir.· 1943-09-16 ·cited 70×
  A settlement for less than the full minimum wage and overtime compensation due under the FLSA is void, but a settlement of the liquidated damages claim is permissible if supported by consideration, such as the full payment of wages owed.
• Fleming v. Jacksonville Paper Co.
  128 F.2d 395· 5th Cir.· 1942-05-25 ·cited 67×
  The court held that the Fair Labor Standards Act applies to employees engaged in a substantial part of their work in interstate commerce, and that an injunction should be limited to specific violations found.
• Ex Parte
  100 Fla. 1· Fla.· 1930-06-14 ·cited 65×
  The Florida Supreme Court invalidated a Dunnellon municipal ordinance requiring a license tax on persons delivering merchandise by truck, because the ordinance's exemption for dairy, poultry, and farm products raised in Florida but not out-of-state products violated equal protect
• Jax Beer Co. v. Redfern
  124 F.2d 172· 5th Cir.· 1941-12-10 ·cited 58×
  The court held that the employees were not engaged in interstate commerce and that the evidence presented was insufficient to support the trial court's judgment for overtime compensation.
• Rasmussen v. The Am. Dairy Ass'n
  472 F.2d 517· 9th Cir.· 1972-12-29 ·cited 56×
  The court held that the plaintiff's complaint alleged sufficient impact on interstate commerce in both the ingredients of 'Go' and in fluid milk to establish subject-matter jurisdiction under the Sherman Act.
• Walling v. Am. Stores Co.
  133 F.2d 840· 3d Cir.· 1943-02-11 ·cited 56×
  The Court held that a large, multi-state business operating manufacturing, processing, warehousing, and retail units is not a 'retail establishment' exempt under § 13(a)(2) of the Fair Labor Standards Act, and that its warehouse employees are engaged in commerce and thus covered
• Baldwin v. Morgan
  251 F.2d 780· 5th Cir.· 1958-01-14 ·cited 50×
  The majority erred in finding federal court jurisdiction over the Birmingham Terminal Company.
• S & H Contractors, Inc. v. A.J. Taft Coal Co., Inc.
  906 F.2d 1507· 11th Cir.· 1990-07-30 ·cited 49×
  The dissent argues that the assembly of a complex dragline, overseen by the seller's engineer, was an essential and integral part of a unitary interstate transaction, and thus applying Alabama's forum closing law impermissibly burdened interstate commerce.
• Fla. Dep't OF Revenue v. NEW SEA Escape Cruises, Ltd.
  894 So. 2d 954· Fla.· 2005-02-17 ·cited 44×
  Florida Supreme Court resolved a conflict between district courts regarding whether cruise-to-nowhere vessels qualify for a partial sales and use tax exemption. The court held that such operations constitute foreign commerce because they venture beyond Florida's three-mile territ
• Scranton Constr. Co., Inc. v. Litton Indus. Leasing Corp.
  494 F.2d 778· 5th Cir.· 1974-05-31 ·cited 44×
  The court held that plaintiffs failed to show arguable jurisdiction under the Clayton, Robinson-Patman Act and presented no evidence of a conspiracy to support their Sherman Act claims.
• United States v. Ruisi
  460 F.2d 153· 2d Cir.· 1972-05-22 ·cited 44×
  The court held that the Gun Control Act of 1968 prohibits unlicensed intrastate dealing in firearms, and knowledge of the law's violation is not required for conviction.
• Pevely Dairy Co. v. United States
  178 F.2d 363· 8th Cir.· 1949-12-13 ·cited 41×
• Stewart-Jordan Distrib. Co., Inc. v. Tobin
  210 F.2d 427· 5th Cir.· 1954-01-29 ·cited 40×
  The court held that the truck drivers' helpers, who picked up and returned empty bottles to out-of-state breweries, were employees engaged in commerce within the meaning of the Fair Labor Standards Act, and that the company's change in payroll practices was a subterfuge to avoid
• Mid-Continent Pipe Line Co. v. Hargrave
  129 F.2d 655· 10th Cir.· 1942-03-24 ·cited 40×
  The dissenting judge believes the attorney's fees awarded were excessive given the good faith nature of the employer's defense and the relatively small amount in dispute.
• Fla. Motor Lines Corp. v. Douglass
  150 Fla. 1· Fla.· 1941-12-09 ·cited 40×
  Florida Motor Lines Corporation sought certiorari to quash the Railroad Commission's order granting Georgia-Florida Coaches, Inc. a Certificate of Public Convenience and Necessity to operate passenger bus service. The Florida Supreme Court upheld the Commission's order, holding t
• Super-Cold Sw. Co. v. McBRIDE
  124 F.2d 90· 5th Cir.· 1941-12-01 ·cited 40×
  The court held that the evidence was insufficient to prove the amount of overtime work performed in interstate commerce and that being 'on call' does not equate to working overtime.
• Level 3 Commc'ns, LLC v. Jacobs
  841 So. 2d 447· Fla.· 2003-03-06 ·cited 38×
  Level 3 Communications challenged the Florida Public Service Commission's authority to include collocation revenues in the calculation of regulatory assessment fees. The Florida Supreme Court affirmed the PSC's decision, holding that collocation revenues constitute gross operatin
• Lone Star Cement Corp. v. The Fed. Trade Comm'n
  339 F.2d 505· 9th Cir.· 1964-12-08 ·cited 38×
  The court held that the district court did not abuse its discretion in denying injunctive and declaratory relief prior to the exhaustion of administrative remedies, as the jurisdictional question was not free from doubt and the potential injury did not constitute irreparable harm
• Mayer Paving & Asphalt Co. v. Gen. Dynamics Corp.
  486 F.2d 763· 7th Cir.· 1973-10-01 ·cited 36×
  The court held that the plaintiff lacked standing to sue for price discrimination under the Robinson-Patman Act because it did not compete with the favored customers receiving lower prices.
• Belliston v. Texaco, Inc.
  455 F.2d 175· 10th Cir.· 1972-02-04 ·cited 34×
  The court held that the sales of gasoline were not in interstate commerce for the purposes of the Robinson-Patman Act, and that Texaco's exchange of price information did not violate the Sherman Act as it was done to meet competition.
• The United States v. Berger
  338 F.2d 485· 2d Cir.· 1964-10-09 ·cited 34×
• Willard Dairy Corp. v. Nat'l Dairy Prods. Corp. & Sealtest, Inc.
  309 F.2d 943· 6th Cir.· 1962-11-16 ·cited 34×
  The court held that the price discrimination claims were not actionable under the Robinson-Patman Act because the sales at issue were purely intrastate, not in the course of interstate commerce.
• United States v. El-O-Pathic Pharmacy
  192 F.2d 62· 9th Cir.· 1951-06-18 ·cited 34×
  The court held that the district court erred in denying permanent injunctions against the introduction of allegedly misbranded drugs into commerce, finding the evidence supported the government's claims of misbranding and danger.
• Fletcher v. Grinnell Bros.
  150 F.2d 337· 6th Cir.· 1945-07-09 ·cited 34×
  Employees engaged in wholesale operations of a chain store organization are not exempt from the Fair Labor Standards Act as employees of a retail establishment. The case is remanded to determine if the Motor Carrier Act exemption applies.
• Reynolds v. Salt River Valley Water Users Ass'n
  143 F.2d 863· 9th Cir.· 1944-06-30 ·cited 33×
  The concurring judge disagrees with the majority's reasoning regarding the factual basis for applying the Fair Labor Standards Act.
• Baldwin v. Morgan
  287 F.2d 750· 5th Cir.· 1961-02-17 ·cited 32×
  State action, including the maintenance and marking of separate waiting rooms based on race, violates the Fourteenth Amendment and Civil Rights Acts, regardless of whether occupancy is compelled.
• Kelly v. Ford
  162 F.2d 555· 3d Cir.· 1947-06-12 ·cited 32×
  The court held that the plaintiff employee's work on original construction, processing work orders, did not constitute engagement in commerce or production of goods for commerce under the Fair Labor Standards Act.
• Philco Corp. v. Phillips MFG. Co.
  133 F.2d 663· 7th Cir.· 1943-01-19 ·cited 32×
  The court held that federal law governs trademark infringement and unfair competition cases involving registered trademarks used in interstate commerce, and federal courts should exercise independent judgment in interpreting the Trade-Mark Act of 1905, rather than applying state
• Hartford Elec. Light Co. v. Fed. Power Comm'n
  131 F.2d 953· 2d Cir.· 1942-11-25 ·cited 32×
• Sassaman v. Pa. R. Co.
  144 F.2d 950· 3d Cir.· 1944-09-12 ·cited 30×
  A railroad employee traveling to or from work on a pass furnished by the employer is considered a passenger for hire, rendering any liability release on the pass void.
• Bracey v. Luray
  138 F.2d 8· 4th Cir.· 1943-09-16 ·cited 30×
  Employees handling scrap iron, even if sold intrastate to dealers who then fabricate it into goods for interstate commerce, are engaged in the production of goods for commerce under the Fair Labor Standards Act.
• Consol. Timber Co. v. Womack
  132 F.2d 101· 9th Cir.· 1942-12-07 ·cited 30×
  The court held that cookhouse employees engaged in producing goods for commerce are not exempt under the retail or service establishment provision of the Fair Labor Standards Act if their establishment is an integral part of the production process.
• Hamlet Ice Co., Inc. v. Fleming
  127 F.2d 165· 4th Cir.· 1942-04-13 ·cited 30×
  The court held that the Hamlet Ice Company's employees were covered by the Fair Labor Standards Act because the ice produced was intended for interstate commerce, even if sold and delivered intrastate to common carriers.
• Division OF Alcoholic Beverages AND Tobacco v. McKESSON Corp.
  524 So. 2d 1000· Fla.· 1988-02-18 ·cited 28×
  The Florida Supreme Court held that Florida's revised alcoholic beverage tax preference scheme, which exempted beverages made from citrus, sugarcane, and certain grape species grown in Florida, violated the Commerce Clause by placing a discriminatory burden on interstate commerce
• Swift Textiles, Inc. v. Watkins Motor Lines, Inc.
  799 F.2d 697· 11th Cir.· 1986-09-15 ·cited 28×
  A domestic shipment that is a continuation of foreign commerce is subject to the Carmack Amendment, and a statute of limitations incorporated by reference in a bill of lading, even if non-mandatory, is enforceable if the shipper's agent prepared the bill of lading and the limitat
• Cent. ICE Cream Co. v. Golden ROD ICE Cream Co.
  287 F.2d 265· 7th Cir.· 1961-02-08 ·cited 26×
  The court held that the plaintiff failed to establish a violation of the Robinson-Patman Act because the price discrimination, if any, occurred solely in intrastate commerce, not interstate commerce as required by the statute.
• Lichtenstein v. Fed. Trade Comm'n
  194 F.2d 607· 9th Cir.· 1952-02-05 ·cited 26×
  The court held that the Federal Trade Commission has the authority to prevent the interstate shipment of gambling devices intended for use in intrastate sales of merchandise, as this constitutes an unfair practice in commerce. The court affirmed one order entirely and amended ano
• Sun Cosm. Shoppe, Inc. v. Elizabeth Arden Sales Corp.
  178 F.2d 150· 2d Cir.· 1949-12-01 ·cited 26×
• The King Lumber & Mfg. Co. v. The Atl. Coast Line R.R. Co.
  58 Fla. 292· Fla.· 1909-06-01 ·cited 25×
  King Lumber challenged a Florida statute requiring railroads to equip flat cars with adequate restraints for lumber cargo, arguing the statute violated due process, equal protection, and interstate commerce clauses. The Florida Supreme Court upheld the statute as a valid regulati
• Franchised Stores OF NEW York, Inc. v. Winter
  394 F.2d 664· 2d Cir.· 1968-05-01 ·cited 24×
  A trademark licensor can maintain a trademark infringement action against a sub-licensee who is still operating under the agreement, and federal subject matter jurisdiction exists if intrastate infringing acts have a substantial effect on interstate commerce.
• Fairway Foods, Inc. v. Fairway Mkts., Inc.
  227 F.2d 193· 9th Cir.· 1955-11-09 ·cited 24×
  The court held that the plaintiff's trademark was not infringed because there was no competition or likelihood of confusion, and the defendant's use of the mark did not affect interstate commerce. The court also reversed the injunction against the plaintiff, finding no present im
• A. H. Phillips, Inc. v. Walling
  144 F.2d 102· 1st Cir.· 1944-07-20 ·cited 24×
  The court held that a central office and warehouse serving a chain of retail stores is not a 'retail establishment' exempt from the Fair Labor Standards Act, even if the majority of sales are intrastate.
• Atl. Coast Line R. R. Co. v. R.R. Comm'n
  149 Fla. 245· Fla.· 1942-01-09 ·cited 24×
  The Florida Railroad Commission granted Flamingo Truck Lines, Inc. a certificate to operate in intrastate commerce, finding it was in the public interest due to more efficient and economical transportation. The appellate court affirmed, holding that the Commission did not err in
• La. Power & Light Co. v. United GAS Pipe Line Co.
  456 F.2d 326· 5th Cir.· 1972-01-14 ·cited 23×
  The court held that the district court erred in dismissing the case based on LP&L's failure to demonstrate irreparable injury and in concluding that the FPC had unquestionable jurisdiction, reversing the dismissal and remanding for further fact development.