Lex Loci Delicti

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

• COX v. Chesapeake Ohio R.R. Co.
  494 F.2d 349· 6th Cir.· 1974-03-14 ·cited 4×
  The Federal Employers’ Liability Act (F.E.L.A.) does not apply to railroad employees injured outside the territorial United States.
• Strickland v. Transamerica Ins. Co.
  481 F.2d 138· 5th Cir.· 1973-07-03 ·cited 4×
  A corporate officer can be held personally liable to third parties for negligence if they knew or should have known of a specific hazard, had the authority to correct it, and failed to do so, even if the duty also runs to the corporation. Insurance exclusions for workers' compens
• Sherwood J. Propst v. Fisher
  313 F.2d 248· 6th Cir.· 1963-02-14 ·cited 4×
  The Indiana non-claim statute barring claims against a decedent's estate does not have extraterritorial effect and does not bar actions filed in a federal court in Michigan for wrongful death arising from an accident in Michigan.
• Sestito v. Knop
  297 F.2d 33· 7th Cir.· 1961-11-17 ·cited 4×
  A wife's claim for loss of consortium, arising from her husband's injury in a tort that occurred in Wisconsin, is governed by Wisconsin law, even if Michigan law would permit such a claim.
• Gillen v. United States
  281 F.2d 425· 9th Cir.· 1960-07-12 ·cited 4×
  The court held that the trial court's findings of fact and conclusions of law were supported by substantial evidence and not clearly erroneous, affirming the judgment for the United States.
• Brown v. Nat'l CAR Rental Sys., Inc.
  707 So. 2d 394· Fla. 3d DCA· 1998-03-04 ·cited 3×
  A Florida resident injured by a negligent driver sued National Car Rental for vicarious liability under Florida's dangerous instrumentality doctrine. The trial court dismissed the claim, applying Georgia law where the car was rented, but the appellate court reversed, holding that
• Morris v. SSE, Inc.
  912 F.2d 1392· 11th Cir.· 1990-09-26 ·cited 3×
  The court held that Alabama law governed the breach of warranty claim, and that the claim was untimely under Alabama's two-year statute of limitations for wrongful death actions.
• Emmart v. Piper Aircraft Corp.
  659 F. Supp. 843· S.D. Fla.· 1987-05-07 ·cited 3×
  The court held that Indiana law should apply to determine the availability of punitive damages because Indiana has a more significant relationship to the parties and the occurrence, particularly concerning the issue of punitive damages.
• Wiedemann & Fransen v. Hollywood Marine, Inc.
  811 F.2d 864· 5th Cir.· 1987-02-23 ·cited 3×
  The court held that the alleged tortious interference with a contingent fee agreement was not a maritime tort because its effects were not felt on navigable waters, and Louisiana law, which does not recognize such a cause of action, would apply.
• Felix v. Pennington
  456 So. 2d 507· Fla. 2d DCA· 1984-09-05 ·cited 3×
  This conflict of laws case involves a car accident in Florida between Ohio residents, where the court applied Ohio law rather than Florida law to bar both a spouse's negligence claim and a third party's contribution claim against the spouse. The decision illustrates Florida's ado
• Project Veritas v. Cable News Network, Inc.
  121 F.4th 1267· 11th Cir.· 2024-11-07 ·cited 2×
  Project Veritas sued CNN for defamation over on-air statements by Ana Cabrera suggesting that Twitter suspended Project Veritas's account for promoting misinformation, when the actual reason was violating Twitter's policy against publishing private information. The Eleventh Circu
• Northland Cas. Co. v. HBE Corp.
  145 F. Supp. 2d 1310· M.D. Fla.· 2001-05-24 ·cited 2×
  The court determined that Florida law, specifically the 'most significant relationship' test under Restatement (Second) of Conflict of Laws § 193, governs the insurance coverage dispute for risks located in Florida.
• Barton v. Hertz Corp.
  35 F. Supp. 2d 1377· M.D. Fla.· 1999-02-11 ·cited 2×
  The court held that Florida law applies to the action because Florida has the most significant relationship to the parties and events, and denied the motion to dismiss the action and the claim for attorney's fees, but granted the motion to strike claims for punitive damages.
• Jaisinghani v. Cap. Cities/ABC, Inc.
  973 F. Supp. 1450· S.D. Fla.· 1997-03-22 ·cited 2×
  The court held that California's one-year statute of limitations applies because California has the most significant relationship to the case, barring the plaintiff's defamation claims.
• Prince Alexander, Jr. v. Beech Aircraft Corp.
  952 F.2d 1215· 10th Cir.· 1991-12-26 ·cited 2×
  The court held that the Indiana statute of repose, applied as substantive law of the place of injury, bars claims for failure to warn regarding original product defects, and that the Indiana discovery rule does not apply to claims against the seatbelt manufacturer.
• MacUrdy v. Sikov & Love, P.A.
  894 F.2d 818· 6th Cir.· 1990-01-24 ·cited 2×
  The court held that the district court erred in applying Pennsylvania law to the fraud claim and in dismissing the contract claim without sufficient factual development regarding the fee-splitting agreement's compliance with professional responsibility rules.
• Nailen v. Ford Motor Co.
  873 F.2d 94· 5th Cir.· 1989-05-22 ·cited 2×
  The court held that the district court correctly applied Mississippi's conflict of laws rules, which led to the application of Alabama's wrongful death statute and its statute of limitations, thus affirming the dismissal.
• Hager v. Nat'l Union Elec. Co.
  854 F.2d 259· 7th Cir.· 1988-08-12 ·cited 2×
  The court vacated the district court's judgment and remanded the case for further consideration, as a recent Indiana Supreme Court decision clarified the choice of law rules applicable to the case.
• Bader v. Purdom
  841 F.2d 38· 2d Cir.· 1988-03-03 ·cited 2×
  The court held that Ontario law, not New York law, applies to the third-party complaint because New York's public policy against parental supervision claims does not constitute special circumstances to override the lex loci delicti rule.
• The Monarch Ins. Co. OF Ohio & the Cent. Nat'l Ins. Co. of Omaha v. The Ins. Corp. OF Ireland Ltd. & Frelinghuysen Livestock Managers, Inc.
  835 F.2d 32· 2d Cir.· 1987-12-07 ·cited 2×
  The court held that the jury was justified in finding valid reinsurance contracts existed and that ICI ratified them, and that ICI's counterclaims and challenges to evidentiary rulings and jury instructions were without merit.
• Danford Evan Bodrug & Nat'l Tr. Co. v. United States & Fed. Aviation Admin.
  832 F.2d 136· 10th Cir.· 1987-10-29 ·cited 2×
  The court held that damages for loss of prospective inheritance are available under both Utah and Montana law, and affirmed the trial court's damage award as not clearly erroneous.
• Gupton v. United States
  799 F.2d 941· 4th Cir.· 1986-09-04 ·cited 2×
  The United States is not liable under the Federal Tort Claims Act for injuries caused by Sergeant Jones' negligence because he was not acting within the scope of his employment at the time of the accident.
• Klippel v. U-Haul Co. OF Ne. Mich.
  759 F.2d 1176· 4th Cir.· 1985-04-25 ·cited 2×
  The court held that New York Vehicle and Traffic Law § 388 does not apply when the offending vehicle is not registered in New York and the lease was not executed there, even if the injured plaintiff is a New York resident.
• Burbank v. Ford Motor Co.
  703 F.2d 865· 5th Cir.· 1983-04-25 ·cited 2×
  The court held that the choice-of-law provision in the employment contract, selecting Michigan law, was valid and enforceable.
• Marigold E. Mason v. S. New England Conf. Ass'n of Seventh-Day Adventists of the Town of S. Lancaster
  696 F.2d 135· 1st Cir.· 1982-12-27 ·cited 2×
  The court held that Massachusetts law applied due to significant contacts and that the defendant charitable organization was protected by the state's limited charitable immunity statute for the activity in question.
• Wynette E. Bennett v. Enstrom Helicopter Corp.
  686 F.2d 406· 6th Cir.· 1982-08-12 ·cited 2×
  The court reaffirmed its prior decision, holding that Michigan courts would apply New Zealand substantive law to the case, barring the action.
• Santana, Inc. v. Levi Strauss & Co.
  674 F.2d 269· 4th Cir.· 1982-03-23 ·cited 2×
  The dissenting judge believes Santana may have meritorious claims and would remand for a new trial, disagreeing with the majority's denial of recovery.
• Sharp v. Egler
  658 F.2d 480· 7th Cir.· 1981-08-25 ·cited 2×
  The court held that Indiana law applies, and while the dealership is not liable under respondeat superior, the plaintiff presented sufficient evidence of the driver's wanton or wilful misconduct to proceed under Indiana's guest statute.
• Stevens v. Pullman, Inc.
  388 So. 2d 580· Fla. 5th DCA· 1980-08-06 ·cited 2×
  A Florida resident sued for injuries and wrongful death from a tractor-trailer accident in Alabama, seeking to apply Florida's wrongful death statute instead of Alabama's. The court denied his petition for certiorari challenging the trial court's application of the lex loci delic
• Hawley v. Beech Aircraft Corp.
  625 F.2d 991· 10th Cir.· 1980-07-10 ·cited 2×
  The court held that the Kansas borrowing statute correctly applied California's one-year statute of limitations, barring the plaintiff's wrongful death action.
• Potter v. ST. Louis-San Francisco Ry. Co.
  622 F.2d 979· 8th Cir.· 1980-06-09 ·cited 2×
  The court held that the district court correctly applied Michigan law regarding interspousal immunity in a contribution claim, and that the admission of testimony regarding the condition of crossing signals and the jury instructions were proper.
• Burke v. Elliott
  606 F.2d 375· 3d Cir.· 1979-09-07 ·cited 2×
  The court held that Delaware law, specifically its no-fault statute and lex loci delicti rule, governs the recovery of damages for an accident occurring in Delaware, even if the plaintiff received no-fault benefits under Pennsylvania law.
• Pryor v. Swarner
  445 F.2d 1272· 2d Cir.· 1971-06-28 ·cited 2×
  The court held that New York would not apply its own internal law to allow recovery when doing so would violate the policies of both the lex loci (Ohio) and the state where the defendants reside and obtained insurance (Florida).
• Purcell v. Kapelski
  444 F.2d 380· 3d Cir.· 1971-05-24 ·cited 2×
  The court held that Pennsylvania law, which prohibits a spouse from suing the other for negligence, should govern the case, not New Jersey law.
• Goodemote v. Mushroom Transp. Co.
  427 F.2d 285· 3d Cir.· 1970-05-27 ·cited 2×
  The court held that New York law, not Pennsylvania law, governed the distribution of settlement funds, entitling the compensation carrier to full reimbursement.
• Armiger v. Real S. A. Transportes Aereos
  377 F.2d 943· D.C. Cir.· 1967-04-13 ·cited 2×
  The court held that the Brazilian Code of the Air's limitation on recovery applies to wrongful death actions arising from a plane collision over Brazil, even for plaintiffs residing in jurisdictions with different laws.
• Henry W. Goranson with the Will Annexed of the Estate of Harold T. Goranson v. Cap. Airlines, Inc.
  345 F.2d 750· 6th Cir.· 1965-05-25 ·cited 2×
  The court held that a federal court sitting in Ohio must apply Ohio's established conflict of laws rule, which dictates that the law of the place of the tort governs the measure of damages, even if it results in a lower recovery than Ohio's public policy might otherwise allow.
• Miller v. Pa. R.R. Co.
  251 F.2d 376· D.C. Cir.· 1957-12-26 ·cited 2×
  The court held that the jury could have found the railroad negligent for failing to stop its train when it knew or should have known the equipment was stuck on the tracks, even if the plaintiff was contributorily negligent.
• Castillo v. Cessna Aircraft Co.
  712 F. Supp. 2d 1306· S.D. Fla.· 2010-08-26 ·cited 1×
  The court held that the defendant's motion for summary judgment based on the General Aviation Revitalization Act (GARA) was denied because the defendant failed to provide sufficient competent evidence and because GARA did not apply to the claims under Florida's choice of law rule
• In re Air Crash Near Cali
  24 F. Supp. 2d 1340· S.D. Fla.· 1998-02-25 ·cited 1×
  The court held that Florida law, rather than federal common law or the laws of Arizona or Colorado, governs the contribution claims, and denied the third-party defendants' motions for summary judgment.
• Chantier Naval Voisin v. M/Y Daybreak
  677 F. Supp. 1563· S.D. Fla.· 1988-01-27 ·cited 1×
  The court held that French law applied to the maritime lien claim, and that the claim was not barred by laches, but recovery was limited to services necessary for the vessel's preservation.
• Donaldson v. United States
  634 F. Supp. 735· S.D. Fla.· 1986-04-22 ·cited 1×
  The court held that Arizona law should be applied to determine the liability of the United States under the Federal Tort Claims Act because Arizona has the most significant relationship to the occurrence and the parties.
• Hayden v. Krusling
  531 F. Supp. 468· N.D. Fla.· 1982-01-22 ·cited 1×
  The court held that the Death On The High Seas Act (DOSHA) does not preclude recovery under a state's wrongful death statute for a non-maritime tort, even if the death occurs on the high seas.
• Goodnight v. Boston Sci. Corp.
  S.D. Fla.· 2020-11-23
  # Summary Boston Scientific Corporation attempted six months after the summary judgment deadline to raise a choice-of-law argument that Massachusetts law should govern a Florida resident's punitive damages claim arising from an allegedly defective transvaginal surgical mesh impl
• Lia Ward v. Morlock
  218 So. 3d 981· Fla. 5th DCA· 2017-05-05
  In this conflict of laws case, the Fifth District Court of Appeal held that Florida's dangerous instrumentality doctrine applies to a motor vehicle accident occurring in South Carolina where both the vehicle owner and injured plaintiff are Florida residents. The court reversed su
• IN & FOR NEW Castle Cnty. Edward Ward v. [Unknown]
  Del. Super. Ct.· 2010-11-30
  The court granted the defendants' motion to dismiss on the grounds of forum non conveniens, finding that litigating the personal injury suit in Delaware would impose an overwhelming hardship on the defendants. The court concluded that while the plaintiff's choice of forum is gene
• Liberty Corp. v. NCNB Nat'l Bank OF S.C. for the Est. of John M. Bristow
  984 F.2d 1383· 4th Cir.· 1993-01-29
  The dissenting judge would hold that the North Carolina Wrongful Death Act's anti-subrogation provision is preempted by ERISA to the extent it bars subrogation of medical costs recovered from a tortfeasor.
• Nat'l Union Fire Ins. Co. v. Watts
  963 F.2d 148· 6th Cir.· 1992-05-06
  The court held that Florida law, having the most significant relationship to the insurance contract, governs the interpretation of the policy, and thus the district court properly granted summary judgment.
• Colo. Interstate GAS Co. v. Natural GAS Pipeline Co. OF Am. & NGPL-Trailblazer, Inc.
  962 F.2d 1528· 10th Cir.· 1992-05-06
  The court held that the district court exceeded its mandate on remand by attempting to alter the substance of an already affirmed tort judgment, and that a change in state law after appeal does not justify reopening the judgment.
• Beiswenger Enters. Corp. v. Carletta
  779 F. Supp. 160· M.D. Fla.· 1991-11-13
  The court held that allegations of insurance are prejudicial and immaterial, and that New York law does not apply because the incident lacks a significant relationship to traditional maritime activity, thus granting the motions to strike.