Lex Loci Delicti

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

• Petersen v. Chicago
  138 F.2d 304· 8th Cir.· 1943-10-26 ·cited 18×
• AETNA Cas. & Sur. Co. v. Huntington Nat'l Bank
  587 So. 2d 483· Fla. 4th DCA· 1991-08-28 ·cited 16×
  Aetna Casualty and Surety Company, the uninsured motorist insurer of a deceased victim, appealed a judgment requiring it to pay $250,000 to resolve a cross-claim with Huntington National Bank, the lessor of the at-fault vehicle. The court affirmed, holding that Florida law, not O
• Ray and Marilyn Perkins v. Clark Equip. Co.
  823 F.2d 207· 8th Cir.· 1987-07-06 ·cited 16×
  The court held that the district court correctly applied North Dakota's significant contacts approach to choice of laws, determining that Iowa's statute of limitations applied and barred the suit.
• In re Managed Care Litigation
  298 F. Supp. 2d 1259· S.D. Fla.· 2003-12-08 ·cited 15×
  The court held that the plaintiffs sufficiently alleged a RICO enterprise and predicate acts of mail and wire fraud, allowing those claims to proceed.
• Wal-Mart Stores, Inc. v. Budget Rent-A-Car Sys.
  567 So. 2d 918· Fla. 1st DCA· 1990-09-04 ·cited 15×
  Wal-Mart appeals the dismissal of its contribution claim against vehicle rental companies and related parties after paying a judgment in a personal injury case. The court reverses, holding that Florida law—not Georgia law—applies to Wal-Mart's contribution claim under the dangero
• Garcia v. Pub. Health Tr. OF Dade Cnty.
  841 F.2d 1062· 11th Cir.· 1988-04-04 ·cited 15×
  The court held that Florida's worker's compensation law bars an employee's tort action against their employer when the employee has received full compensation under a worker's compensation system, even if Spanish law would permit such a suit.
• Saloomey v. Jeppesen & Co.
  707 F.2d 671· 2d Cir.· 1983-05-10 ·cited 15×
  The district court erred in applying Connecticut's 'most significant relationship' test for choice of law in a tort action, instead of the established rule of lex loci delicti.
• Linnell v. Angelyn Alexander Sloan
  636 F.2d 65· 4th Cir.· 1980-12-04 ·cited 15×
  The court held that the district court erred in applying Virginia law to the claims after a venue transfer; the choice-of-law rules of the original forum (District of Columbia) should have been applied, which would have led to the application of Maryland law.
• Barnes Grp., Inc. v. C & C Prods., Inc.
  716 F.2d 1023· 4th Cir.· 1983-08-31 ·cited 14×
  The court held that Ohio's substantive law should apply to both the contract validity and tortious interference claims, disagreeing with the majority's application of Alabama and Louisiana law.
• Puig v. AVIS Rent-A-Car Sys.
  574 F.2d 37· 1st Cir.· 1978-04-24 ·cited 14×
  The court held that the plaintiff's claim did not meet the $10,000 jurisdictional amount required for diversity jurisdiction, as the proofs showed the damages were not that substantial.
• United States v. Leta Moore
  469 F.2d 788· 3d Cir.· 1972-10-19 ·cited 14×
  The court held that the Medical Care Recovery Act requires the existence of state tort liability, and therefore, the United States cannot recover if state law bars such claims due to intrafamilial immunity.
• Kline v. Wheels BY Kinney, Inc.
  464 F.2d 184· 4th Cir.· 1972-07-06 ·cited 14×
  The rental agreement, by its conformity clause, incorporates New York Vehicle and Traffic Law § 388, making the rental company liable for the customer's negligence, regardless of the accident's location.
• Mrs. Minnie Brade Glona v. Am. Guar. & Liab. Ins. Co.
  379 F.2d 545· 5th Cir.· 1967-06-22 ·cited 14×
  The court held that the trial court properly granted summary judgment because the plaintiff failed to raise the choice of law issue below and the Louisiana classification was not unreasonable.
• Gore v. Ne. Airlines, Inc.
  373 F.2d 717· 2d Cir.· 1967-02-23 ·cited 14×
  The court held that New York's public policy against damage limitations in wrongful death actions, rather than the Massachusetts statute's limitation, applies, and that the beneficiaries' domicile at the time of death, not later, is controlling.
• S. Ariz. York Refrigeration Co. v. The Bush Mfg. Co.
  331 F.2d 1· 9th Cir.· 1964-04-28 ·cited 14×
  The court held that the doctrine of res ipsa loquitur could apply to infer negligence in the manufacture of refrigeration coils, and that the 'imminently dangerous' product exception to the privity requirement extends to property damage claims.
• Urda v. Pan Am. World Airways, Inc.
  211 F.2d 713· 5th Cir.· 1954-03-31 ·cited 14×
  The court held that the wife's acceptance of Florida workers' compensation benefits barred her from pursuing a wrongful death claim under Brazilian law in Florida, as it was contrary to Florida's public policy.
• Wilson v. Massengill
  124 F.2d 666· 6th Cir.· 1942-01-09 ·cited 14×
  The court held that the statute of limitations of the state where the cause of action arose, which created the cause of action, applies, even if it differs from the forum state's statute of limitations.
• In re Korean AIR Lines Disaster OF September 1
  932 F.2d 1475· D.C. Cir.· 1991-05-07 ·cited 13×
  The court held that there was sufficient evidence for a jury to find willful misconduct, but vacated the punitive damages award.
• Houston N. Hosp. Props. v. Telco Leasing, Inc.
  688 F.2d 408· 5th Cir.· 1982-10-07 ·cited 13×
  The court held that the mere appearance of 'jury requested' on a docket cover sheet is insufficient to preserve the right to a jury trial absent compliance with Rule 81(c) or Rule 38, and that even if a jury trial were proper, summary judgment for the defendant was appropriate.
• O'Connor v. Lee-Hy Paving Corp. & Davis E. Clem
  579 F.2d 194· 2d Cir.· 1978-06-12 ·cited 13×
  The court held that the Seider v. Roth procedure, allowing jurisdiction through attachment of an insurer's obligations, survives Shaffer v. Heitner because the insurance policy is directly related to the cause of action and the insurer controls the defense. The court also held th
• Lund's, Inc. v. Chem. Bank
  870 F.2d 840· 2d Cir.· 1989-03-16 ·cited 12×
  The court held that summary judgment was inappropriate because genuine issues of material fact exist regarding whether Rubin's endorsement of the check was authorized for partnership business, and whether his actions made it impossible to carry on the partnership's ordinary busin
• Shields v. Consol. Rail Corp. V. Bethlehem Steel Corp.
  810 F.2d 397· 3d Cir.· 1987-01-29 ·cited 12×
  The court held that Indiana law, not Pennsylvania law, governs the contribution claim between Conrail and Bethlehem Steel. Therefore, Conrail cannot seek contribution from Bethlehem under Indiana law.
• Randall v. Arabian Am. OIL Co.
  778 F.2d 1146· 5th Cir.· 1985-12-26 ·cited 12×
  The court held that a foreign country's exclusive jurisdiction provision does not divest a U.S. federal court of subject matter jurisdiction, especially when the provision can be characterized as procedural under the forum's choice of law rules.
• Bailey Emp. Sys., Inc. v. Hahn
  655 F.2d 473· 2d Cir.· 1981-07-23 ·cited 12×
  The court held that the district court erred by not construing the Connecticut Unfair Trade Practices Act (CUTPA) and applying it to the facts, requiring a remand.
• Broome v. Antlers' Hunting Club
  595 F.2d 921· 3d Cir.· 1979-03-30 ·cited 12×
  The court held that a Pennsylvania court would apply Pennsylvania law to both liability and damages in a survival action for a tort committed in Pennsylvania, even if the decedent was a New York resident.
• Forsyth v. Cessna Aircraft Co.
  520 F.2d 608· 9th Cir.· 1975-06-26 ·cited 12×
• Wooten v. White Trucks
  514 F.2d 634· 5th Cir.· 1975-06-16 ·cited 12×
  The court affirmed the judgment for the defendant based on counsel's waiver of the assumption of risk issue.
• Gaston v. B. F. Walker, Inc.
  400 F.2d 671· 5th Cir.· 1968-09-16 ·cited 12×
  The court held that a Texas court, applying Louisiana law to a tort that occurred in Louisiana, must apply the peremptive one-year limitation period of Louisiana Civil Code Article 2315, even if the plaintiff is a Texas resident.
• ST. Clair v. E. AIR Lines, Inc.
  302 F.2d 477· 2d Cir.· 1962-04-24 ·cited 12×
  The court held that plaintiff's recovery against Eastern and the United States is limited to the amount of the larger judgment, and plaintiff is only entitled to interest from the date of the judgment, not the date of death.
• Bowman v. Koch Transfer Co.
  862 F.2d 1257· 6th Cir.· 1988-12-07 ·cited 11×
  The court held that Illinois law properly applied to damages in a wrongful death action, and the district court did not err in excluding evidence or rejecting jury instructions.
• Jamaica Nutrition Holdings, Ltd. v. United Shipping Co., Ltd.
  643 F.2d 376· 5th Cir.· 1981-04-24 ·cited 11×
  The court held that damages incurred in foreign currency should be converted to United States dollars at the exchange rate in effect on the date the loss was incurred and the cost of reprocessing was paid, not the date of delivery or final judgment.
• Flatirons Bank v. The Alan W. Steinberg Ltd. P'ship
  233 So. 3d 1207· Fla. 3d DCA· 2017-12-06 ·cited 10×
  Flatirons Bank appealed a trial court judgment in favor of the Alan W. Steinberg Limited Partnership, seeking recovery of $1,000,000 in stolen funds that passed through Steinberg's account. The appellate court affirmed, holding that Flatirons failed to prove unjust enrichment aga
• Liberty Mut. Ins. v. Elec. Sys., Inc.
  813 F. Supp. 802· S.D. Fla.· 1993-02-19 ·cited 10×
  The employer is not vicariously liable for the employee's negligence because the employee was acting outside the scope of his employment when the accident occurred.
• Kaczmarek v. Allied Chem. Corp.
  836 F.2d 1055· 7th Cir.· 1987-12-29 ·cited 10×
  The court held that Illinois tort law should apply to the claim against Allied Chemical, Indiana law to the claim against U.S. Steel, and Indiana law to the claim against Ever-Tite. New trials were ordered for Allied Chemical and U.S. Steel, while the judgment for Ever-Tite was a
• Edwardsville Nat'l Bank & Tr. Co. v. Marion Labs., Inc.
  808 F.2d 648· 7th Cir.· 1987-01-08 ·cited 10×
  The court held that the Indiana court correctly applied Indiana law and dismissed the case, even if the transfer ground was misstated by the transferor court.
• Olsen v. State Farm Auto. Ins. Co.
  386 So. 2d 600· Fla. 5th DCA· 1980-08-06 ·cited 10×
  The court reversed a summary judgment that would have applied Illinois law (which bars recovery based on contributory negligence) to an uninsured motorist claim arising from a Florida resident's death in an Illinois automobile accident. The court held that Florida's adoption of c
• Samuelson v. Susen
  576 F.2d 546· 3d Cir.· 1978-04-21 ·cited 10×
  The court held that Federal Rule of Evidence 501 requires application of the forum state's privilege law in diversity cases, and that Ohio Revised Code § 2305.251, being procedural, applies retroactively to bar discovery of medical review committee proceedings.
• Millers Mut. Ins. Ass'n of Ill. v. S. Ry. Corp.
  483 F.2d 1044· 4th Cir.· 1973-11-08 ·cited 10×
  The court held that a shipper is not liable for damage caused by residual substances in a railroad car unless the shipper had actual or constructive knowledge of the dangerous substance. Similarly, a delivering carrier is not liable for such damage unless an external inspection w
• Paoletto v. Beech Aircraft Corp.
  464 F.2d 976· 3d Cir.· 1972-07-24 ·cited 10×
  The court held that the choice of law issue was a false conflict, and that evidence regarding manufacturing standards and inspections was admissible to rebut claims of defect. The court also found no reversible error in the jury instructions or the denial of the summary judgment
• Doss v. Apache Powder Co.
  430 F.2d 1317· 5th Cir.· 1970-07-24 ·cited 10×
  The court held that the trial court erred in instructing the jury on an Arizona statute regarding dynamite age, as Texas law governed the sale in Texas and did not incorporate that foreign statute. The court also found errors in jury instructions regarding the duty to warn and th
• Brendle v. The Gen. Tire & Rubber Co.
  408 F.2d 116· 4th Cir.· 1969-03-10 ·cited 10×
  A federal court sitting in diversity must apply the choice of law rules of the forum state, and if that state's highest court has clearly adhered to a traditional rule like lex loci delicti, the federal court is bound by that precedent, even if a more modern approach might yield
• Henry W. Goranson with the Will Annexed of the Estate of Harold T. Goranson v. Honorable Frank L. Kloeb
  308 F.2d 655· 6th Cir.· 1962-10-13 ·cited 10×
  The court held that the transfer of the action was a discretionary act not reviewable by mandamus, and that Ohio law, which applies the law of the place of the accident for damages, should govern.
• Annabell M. Williamson v. Weyerhaeuser Timber Co.
  221 F.2d 5· 9th Cir.· 1955-04-11 ·cited 10×
  The court held that the law of the place where the tort occurred governs the existence of a cause of action, and Washington's Workmen's Compensation Act barred the wrongful death claim.
• Burton v. Miller (two cases)
  185 F.2d 817· 6th Cir.· 1950-12-14 ·cited 10×
  The court held that the trial court erred in applying Kentucky's one-year statute of limitations to actions that arose in Florida between non-residents.
• Mohamed Mezroub v. Capella
  702 So. 2d 562· Fla. 2d DCA· 1997-11-19 ·cited 9×
  A Florida court erred in dismissing a personal injury lawsuit by borrowing Georgia's shorter statute of limitations for an auto accident occurring in Georgia between two Florida residents. The court held that under Florida's significant relationship test, Florida's longer statute
• Dickinson v. Auto Ctr. Mfg. Co.
  594 F.2d 523· 5th Cir.· 1979-05-07 ·cited 9×
  The court held that a directed verdict was proper for the fraud claim and the May 1972 oral employment contract due to the Statute of Frauds, but erred in directing a verdict for the March 27, 1973 oral stock agreement, remanding that issue for trial.
• Beasley v. Fairchild Hiller Corp.
  401 F.2d 593· 5th Cir.· 1968-10-07 ·cited 9×
  The court held that the plaintiff's cause of action was barred by the statute of limitations of Louisiana, which applied under Florida's borrowing statute and the doctrine of lex loci delicti.
• Messinger v. TOM
  203 So. 2d 357· Fla. 2d DCA· 1967-10-20 ·cited 9×
  A minor Florida resident, through his guardians, sued the executrix of the estate of Nylah T. Bell under Florida's wrongful death statute for the death of his mother caused by Bell's negligence in a car accident in North Carolina. The trial court dismissed the complaint, applying
• Consol. Rail Corp. v. Allied Corp. & Gen. Elec. Railcar Servs. Corp.
  882 F.2d 254· 7th Cir.· 1989-08-15 ·cited 8×
  The court held that Indiana substantive law applies, and since Indiana does not recognize contribution among joint tortfeasors, the district court correctly dismissed the case.
• Vaughn v. J.C. Penney Co.
  822 F.2d 605· 6th Cir.· 1987-06-24 ·cited 8×
  The court held that Ohio law, including its two-year statute of limitations, should apply to claims against product manufacturers and sellers, while Tennessee law applies to claims against the county.