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644 F.2d 594·
7th Cir.·
1981-01-05
·cited 51×
The court held that under applicable state choice-of-law rules, punitive damages cannot be allowed against either the manufacturer or the airline in these wrongful death actions.
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2007 U.S. Dist. LEXIS 51492·
S.D. Fla.·
2007-07-17
·cited 46×
Plaintiffs brought a class action against Budget Rent a Car Systems alleging that Budget's $3.00 daily cost recovery fee (CRF) violated consumer fraud statutes in New Jersey, Florida, and North Carolina, and constituted unjust enrichment and money had and received. The court appl
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631 F.2d 1171·
5th Cir.·
1980-12-01
·cited 42×
The court held that the January 16 settlement agreement was binding on Hugh Hunt, and the master settlement agreement reasonably embodied its terms, despite Hugh Hunt's claims of no meeting of the minds, duress, or undue influence.
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478 F.2d 360·
2d Cir.·
1973-04-13
·cited 31×
The court held that the Massachusetts court's order, amended to clarify it was not an adjudication on the merits, removed the res judicata bar to the New York action. The court also found that the New York borrowing statute's application was not definitively established by the re
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932 F.2d 458·
5th Cir.·
1991-06-03
·cited 30×
The court held that stare decisis does not require adherence to a prior panel's flawed interpretation of state law when subsequent state court decisions clarify the law.
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752 F.2d 874·
3d Cir.·
1984-12-31
·cited 30×
The court held that the district court erred in failing to apply Indian law to the power of attorney and in not applying the Garrett standard of scrutiny to the release executed by the seaman's mother.
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625 F. Supp. 2d 1198·
S.D. Fla.·
2008-04-16
·cited 27×
The court granted summary judgment for the defendant, finding no genuine dispute of material fact regarding the plaintiffs' claims.
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669 F.2d 1049·
5th Cir.·
1982-03-11
·cited 27×
The court held that the choice of law provision in the second agreement, requiring application of Kansas law, was valid and enforceable, and that the buyer had waived implied warranties under Kansas law.
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768 F.2d 1278·
11th Cir.·
1985-08-16
·cited 24×
The court held that Illinois law, not Florida law, should apply to determine the beneficiaries of the wrongful death action because Illinois had the most significant relationship to the issue.
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518 F.2d 89·
1st Cir.·
1975-06-12
·cited 24×
The court held that Puerto Rico law properly applied to determine damages, but the jury's award for beneficiaries' pain and suffering was excessive and unconscionable, requiring a new trial on that issue.
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477 F.2d 1116·
6th Cir.·
1973-05-01
·cited 19×
The court holds that the rule that prisoners removed from their domicile do not lose it should not be an absolute presumption.
-
820 F.2d 1000·
9th Cir.·
1987-06-22
·cited 18×
The court held that Polish law, rather than California law, properly governed the calculation of damages in a wrongful death action arising under the Warsaw Convention and FSIA, and that the district court's calculation of damages under Polish law was not clearly erroneous.
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879 F.2d 1518·
7th Cir.·
1989-07-18
·cited 17×
The court agrees with the judgment but notes the contract is ambiguous, requiring further proceedings.
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497 So. 2d 976·
Fla. 4th DCA·
1986-11-19
·cited 15×
The Fourth District Court of Appeal addressed whether a wife could recover from her deceased husband's estate for injuries sustained in an automobile accident, and whether a New York-issued insurance policy provided coverage. The court held that interspousal immunity does not app
-
652 F.2d 306·
2d Cir.·
1981-06-29
·cited 14×
The court held that the insurance policy's language defining 'loss' as 'dismemberment by severance' at or above the wrist or ankle joints unambiguously refers to actual physical separation and does not cover functional loss of use of limbs.
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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.
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930 F.2d 777·
9th Cir.·
1991-04-19
·cited 13×
Exportadora is not immune from suit under the FSIA because its commercial activity had substantial contact with the United States, and California law applies to the actions because it has a more significant relationship to the litigation than Mexico.
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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.
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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.
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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
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853 F.2d 1027·
1st Cir.·
1988-08-10
·cited 8×
The majority's decision to apply New York law to determine the plaintiff's domicile, despite his minority status under Puerto Rican law, is criticized.
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710 F.2d 207·
5th Cir.·
1983-07-25
·cited 8×
The court denied the petition for rehearing, affirming its prior decision that American law was inapplicable to the case.
-
712 F.2d 1498·
1st Cir.·
1983-07-25
·cited 8×
The court held that New Hampshire law governs the insurance policy's construction and that the employee exclusion does not bar coverage for executive officers sued by an employee. However, loss of consortium claims are not covered as 'bodily injury'.
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944 F.2d 809·
11th Cir.·
1991-10-09
·cited 7×
Joanna Digioia was injured while operating a food cart manufactured by H. Koch & Sons during an Eastern Airlines flight from California to Florida in 1987, and filed suit in Florida nearly two years later. The court applied Florida's borrowing statute and the significant relation
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789 F.2d 236·
3d Cir.·
1986-04-30
·cited 7×
The court held that the district court erred in applying Pennsylvania law to the substantive issues of informed consent and damages in a medical malpractice action, and that Texas law should apply.
-
709 F.3d 1342·
11th Cir.·
2013-02-22
·cited 5×
Chau Kieu Nguyen sought to recover deposits and a certificate of deposit from JP Morgan Chase Bank that her father had placed in Chase's Saigon branch between 1966 and 1975; the branch closed without notice in April 1975 as Saigon fell to North Vietnamese forces, and Nguyen did n
-
483 F. Supp. 2d 1187·
S.D. Fla.·
2007-03-30
·cited 5×
The court adopted the magistrate's recommendation to grant summary judgment on the oral distributorship agreement claims due to the Statute of Frauds, and also granted summary judgment on the tortious interference claim based on the economic loss rule.
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435 So. 2d 290·
Fla. 3d DCA·
1983-06-28
·cited 4×
Under Florida's adoption of the Restatement (Second) significant relationships test, the law of the state with the most significant relationship to a tort action, not necessarily the place of injury, determines rights and liabilities. When the place of injury is merely fortuitous
-
461 F.2d 158·
D.C. Cir.·
1971-11-10
·cited 4×
The court held that the Loan Shark Act was not intended to cover these transactions and that Walker & Dunlop were exempt from its licensing requirements.
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383 B.R. 798·
S.D. Fla.·
2007-11-05
·cited 3×
The court held that the plaintiff, as a trustee, lacked standing to pursue claims on behalf of creditors against third parties like Ernst & Young and the Wellspring Defendants, as these claims were not directly assigned to the trust under the plan.
-
888 F.2d 59·
8th Cir.·
1989-10-23
·cited 2×
The court affirmed the finding of breach of contract but vacated the damages award, remanding for recalculation because the mitigation defense was not properly pleaded or tried.
-
861 F.2d 221·
9th Cir.·
1988-11-08
·cited 2×
The court held that the Washington Deadman's Statute is procedural under Oregon law, meaning Oregon's liberal evidence rules apply, and that triable issues of fact existed regarding one policy but not the other.
-
861 F.2d 1291·
1st Cir.·
1988-08-22
·cited 2×
The court held that New York law applies to the certificates of deposit, and the cause of action accrues upon demand, making the plaintiffs' suit timely.
-
810 F.2d 1377·
5th Cir.·
1987-03-02
·cited 2×
The court held that the federal rule of civil procedure governing relation back of amended pleadings applies in diversity cases, and that the Texas UCC's four-year limitations period for warranty claims is procedural and thus applicable if the claims are recognized in the relevan
-
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.
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Del. Super. Ct.·
2025-04-21
The Delaware Superior Court granted partial summary judgment for the plaintiffs on their breach of contract claim (Count I) and breach of the employee repayment agreement claim (Count II). The court also granted partial summary judgment for the defendant on the plaintiffs' claims
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N.D. Fla.·
2024-10-28
The court held that plaintiffs failed to demonstrate predominance and superiority for a multi-state class action due to variations in state law, thus denying class certification.
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Del. Super. Ct.·
2024-10-07
The court held that Deadspin's statements accusing the child of wearing 'Black face' and implying racial animus, as well as accusing the parents of teaching such hatred, were provably false assertions of fact and thus actionable for defamation. The court also denied Deadspin's mo
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S.D. Fla.·
2023-02-28
The court granted default judgment for conversion but denied claims for RICO, unjust enrichment, and constructive trust due to lack of adequate remedy at law or insufficient allegations.
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S.D. Fla.·
2022-08-19
Odette Blanco De Fernandez sued Seaboard Marine Ltd. under the Helms-Burton Act to recover damages for trafficking in property confiscated by the Cuban Government, claiming a 20% stake in companies whose assets were seized in 1960. The district court granted Seaboard Marine's mot
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S.D. Fla.·
2022-02-01
VSI Sales and related entities sued Anthony and Angela DiSimone for breach of fiduciary duty, breach of contract, unfair competition, and conversion of assets after the defendants allegedly diverted company contracts to their competing business, Engineered Pole Structures, while
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Del. Super. Ct.·
2022-01-18
The court denied the defendants' application for certification of an interlocutory appeal, finding that the order did not decide a substantial issue of material importance that merits appellate review before a final judgment and that the probable costs of interlocutory review out
-
Del. Ch.·
2021-09-16
The court held that Pennsylvania law applies to two individual life insurance policies and Delaware law applies to a group life insurance policy. The court further held that the respondents' counterclaim for equitable relief in the form of a constructive trust failed to state a c
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S.D. Fla.·
2021-07-23
The court held that it was premature to deny a motion to amend a complaint based on futility due to choice of law issues, as further briefing and factual development were needed.
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M.D. Fla.·
2020-12-10
Two Florida residents who obtained payday loans from a tribal-owned lender challenged the enforceability of an arbitration clause when the lender's successor attempted to collect on the defaulted loans, alleging violations of federal and state debt collection laws. The court held
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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
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Del. Ch.·
2020-11-19
The court held that Pennsylvania law governs the disposition of individual life insurance proceeds due to the decedent's domicile in Pennsylvania at the time of her death and Pennsylvania's revocation-on-divorce statute, divesting the former husband of his beneficiary status. How
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Del. Ch.·
2020-03-27
The Court denied Plaintiffs' motion for a preliminary injunction in large part, finding they failed to demonstrate a likelihood of success on the merits regarding the non-compete, non-solicitation, and business opportunity provisions. The Court granted limited injunctive relief c
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Del. Super. Ct.·
2019-09-30
The court granted the defendant's motion to dismiss, finding that the plaintiff's claims were time-barred under California's one-year statute of limitations, as applied through Delaware's Borrowing Statute and California's Savings Statute. Additionally, the court dismissed the ca
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Del. Super. Ct.·
2019-06-14
The Industrial Accident Board's decision denying the employer a credit against future workers' compensation benefits for the surviving spouse's underinsured motorist (UIM) recovery is affirmed. Delaware law, specifically 19 Del. C. § 2363(e) and precedent from the Delaware Suprem