Restatement (Second) Of Conflict Of Laws § 145

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

• State Farm Mut. Auto. Ins. Co. v. Olsen
  406 So. 2d 1109· Fla.· 1981-11-25 ·cited 72×
  State Farm sought declaratory judgment that Illinois's contributory negligence law should bar recovery in an uninsured motorist claim arising from a fatal accident in Illinois involving a Florida resident. The Florida Supreme Court held that Illinois law controls under the "signi
• Dep't OF Corr. v. McGHEE
  653 So. 2d 1091· Fla. 1st DCA· 1995-04-13 ·cited 29×
  Linda McGhee sued the Florida Department of Corrections for negligence after escaped convicts killed her husband in Mississippi. The trial court applied Florida law and found DOC liable, but the appellate court reversed, holding that under Florida law, a state agency cannot be he
• Judge v. Am. Motors Corp.
  908 F.2d 1565· 11th Cir.· 1990-08-21 ·cited 26×
  The court held that Florida's choice-of-law principles, guided by the Restatement (Second), require applying Florida law to the wrongful death claim because Mexico's interest in applying its law is slight and applying Mexican law would completely bar the claim.
• Foster v. United States
  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.
• Brinkley & W., Inc. v. Foremost Ins. Co.
  499 F.2d 928· 5th Cir.· 1974-08-26 ·cited 22×
  The court held that Louisiana courts, under modern conflicts principles, would apply the law of states that permit suits for tortious interference with contractual relations, even if Louisiana law itself does not. The court reversed and remanded for a trial on the merits.
• Pittway Corp. v. Lockheed Aircraft Corp.
  641 F.2d 524· 7th Cir.· 1981-02-23 ·cited 21×
  The court held that Illinois law, not Wisconsin law, governs the case because Illinois has the most significant relationship to the litigation, and Wisconsin has little legitimate interest.
• Butler v. United States
  726 F.2d 1057· 5th Cir.· 1984-03-12 ·cited 20×
  The court held that the discretionary function exception to the FTCA does not bar these lawsuits, and that the United States was negligent in failing to provide adequate warnings for a hazardous depression it created.
• Ryder Truck Rental, Inc. v. Rosenberger
  699 So. 2d 713· Fla. 3d DCA· 1997-07-09 ·cited 17×
  Ryder Truck Rental appeals the denial of its motion to dismiss on forum non conveniens grounds in a negligence case arising from a truck accident in Montana. The court reverses, holding that Montana law would apply to the claim and that Florida lacks sufficient interest in the li
• 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
• Vicon, Inc. v. CMI Corp.
  657 F.2d 768· 5th Cir.· 1981-09-30 ·cited 16×
  The court held that the district court did not err in applying Tennessee law to the misrepresentation claim, finding sufficient evidence of misrepresentation and damages, and did not abuse its discretion in denying the Rule 60(b) motion or prejudgment interest.
• 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
• 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.
• 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.
• Ashland OIL, Inc. v. Miller OIL Purchasing Co.
  678 F.2d 1293· 5th Cir.· 1982-06-24 ·cited 14×
  The court affirmed the lower court's judgment, finding that the trial court's findings of fact and conclusions of law were dispositive.
• Mitchell v. Lone Star Ammunition, Inc.
  913 F.2d 242· 5th Cir.· 1990-10-03 ·cited 13×
  The court held that the government contractor defense does not apply to manufacturing defects and that Texas law, with its broader tort liability, was correctly applied over North Carolina's statute of repose.
• 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.
• Futch v. Ryder Truck Rental, Inc.
  391 So. 2d 808· Fla. 5th DCA· 1980-12-31 ·cited 13×
  Appellants Futch sued truck lessor Ryder after Lindsey Futch fell from a tractor while inspecting its refrigeration unit, alleging the tractor lacked adequate safety equipment like catwalks and handrails. The trial court dismissed the complaint with prejudice, applying Maryland l
• 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×
• Caton v. Leach Corp.
  896 F.2d 939· 5th Cir.· 1990-03-21 ·cited 11×
  The court held that ambiguities in the contract regarding commission allocation upon termination require further factual inquiry, and that while an at-will employee cannot claim breach of an implied covenant of good faith for termination itself, they may have a claim if the emplo
• 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.
• 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.
• 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.
• 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
• Crowell v. Clay Hyder Trucking Lines, Inc.
  700 So. 2d 120· Fla. 2d DCA· 1997-10-08 ·cited 9×
  Florida residents were injured in a hit-and-run accident in Georgia involving a truck bearing Clay Hyder's name. The trial court applied Georgia law and granted summary judgment to Clay Hyder, but this court reverses, holding that Florida law should apply to the ownership presump
• Da Rocha v. Bell Helicopter Textron, Inc.
  451 F. Supp. 2d 1318· S.D. Fla.· 2006-09-08 ·cited 8×
  The court granted the motion to dismiss on the grounds of forum non conveniens, finding that Brazil is an adequate alternative forum and that private and public interest factors weigh in favor of dismissal.
• Crim v. Int'l Harvester Co. & Int'l Harvester Co. Truck Div.
  646 F.2d 161· 5th Cir.· 1981-05-21 ·cited 8×
  A private business has a duty to warn or protect business invitees brought from non-endemic regions for the specific purpose of engaging in human activity on its land that guarantees exposure to intense dust, distinguishing it from general landowner duties.
• Sierra v. A Betterway Rent-A-Car, Inc.
  863 So. 2d 358· Fla. 3d DCA· 2003-11-19 ·cited 7×
  Gabriel Sierra was struck by a van in Miami Beach driven by a customer who had rented the vehicle from Budget Rent-A-Car in Atlanta, Georgia. The trial court dismissed the complaint for lack of personal jurisdiction, but the appellate court reversed, holding that Budget and Bette
• Blakesley v. Wolford, D.D.S.
  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.
• Connell v. Riggins
  944 So. 2d 1174· Fla. 1st DCA· 2006-12-15 ·cited 6×
  In this vehicular accident case, the Florida appellate court reversed a judgment against defendant Connell, finding three reversible errors: (1) improper application of Florida comparative negligence law instead of Georgia law; (2) jury instruction based on hearsay driver's manua
• Siroonian v. Textron, Inc.
  844 F.2d 289· 5th Cir.· 1988-05-11 ·cited 6×
  The court held that Kentucky's one-year statute of limitations for wrongful death actions is substantive and applies to this case, barring the claim.
• Leinhart v. Jayme Jurkovich
  882 So. 2d 456· Fla. 4th DCA· 2004-09-01 ·cited 5×
  Bradley University appealed a judgment awarded to college student Jayme Jurkovich for injuries sustained in an automobile accident in Florida while she was riding in a university van. The appellate court affirmed, holding that Illinois law rather than Florida no-fault law applied
• Hoffman v. Helene Ouellette
  798 So. 2d 42· Fla. 4th DCA· 2001-10-17 ·cited 4×
  Douglas Hoffman, as representative of the estate of Raymond Coutellier, appealed a jury verdict awarding damages to Helene Ouellette for injuries sustained in an automobile accident at a mobile home park in Florida. The appellate court affirmed the judgment, holding that Florida
• Robinson v. Merkle
  700 So. 2d 723· Fla. 2d DCA· 1997-09-19 ·cited 4×
  A West Virginia resident injured at birth in West Virginia sued in Florida for medical malpractice against the deceased doctor's estate. The Florida trial court dismissed the complaint under Florida's two-year statute of limitations, but the appellate court reversed, holding that
• Glynda Randel Mills v. State Farm Mut. Auto. Ins. Co.
  827 F.2d 1418· 10th Cir.· 1987-08-28 ·cited 4×
  The court held that Oklahoma law, which does not recognize interspousal immunity, applied to the case because Oklahoma had the most significant relationship to the parties' marital relationship. The court also held that the plaintiff was bound by her pretrial stipulation to reduc
• Palmer v. Beverly Enters.
  823 F.2d 1105· 7th Cir.· 1987-07-07 ·cited 4×
  The court must decide this case as it would be decided in Illinois, applying the Second Restatement's most-significant-contacts approach as the current day-to-day law.
• Peoples Bank & Tr. Co. v. Piper Aircraft Corp.
  598 F. Supp. 377· S.D. Fla.· 1984-12-07 ·cited 4×
  The court held that Ohio law should be applied in this diversity action because Ohio has the most significant relationship to the occurrence and the parties, despite the defendant's residence in Florida.
• Proprietors Ins. Co. v. West
  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
• 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
• Hanley v. The Tribune Publ'g Co.
  527 F.2d 68· 9th Cir.· 1975-12-01 ·cited 3×
  The court held that the district court erred in applying California law and dismissing the action, as Nevada law should apply to the defamation claim.
• Berrios v. Orlando Reg'l Healthcare Sys.
  100 So. 3d 128· Fla. 5th DCA· 2012-09-21 ·cited 2×
  Under Georgia law, a release of an initial tortfeasor does not discharge claims against a subsequent tortfeasor unless the subsequent tortfeasor is expressly named in the release. Because the settlement release executed in Georgia named only the inn and its associated parties, it
• Calixto v. Watson Bowman Acme Corp.
  637 F. Supp. 2d 1064· S.D. Fla.· 2009-06-02 ·cited 2×
  The court held that New York law has the most significant relationship to the case and will apply to the claims.
• 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.
• Huddy v. Fruehauf Corp.
  953 F.2d 955· 5th Cir.· 1992-02-18 ·cited 2×
• Default Proof Credit Card Sys., Inc. v. State ST. Bank & Tr. Co.
  753 F. Supp. 1566· S.D. Fla.· 1990-12-28 ·cited 2×
  Genuine issues of material fact exist regarding whether a confidential relationship was established and whether the plaintiff possessed a trade secret, precluding summary judgment.
• Vandeventer v. Four Corners Elec. Co., Inc.
  663 F.2d 1016· 10th Cir.· 1981-11-04 ·cited 2×
  The court held that Colorado's borrowing statute, when applied with Colorado's choice of law principles, requires application of New Mexico's statute of limitations.
• The Marion Power Shovel Co. v. Hargis
  698 So. 2d 1246· Fla. 3d DCA· 1997-07-23 ·cited 1×
  The court held that Florida law, not Illinois law, governs the choice of law analysis, and under Florida law, Marion Power is immune from liability as a statutory employer.
• Jaurequi v. John Deere Co. & Deere & Co.
  986 F.2d 170· 7th Cir.· 1993-02-08 ·cited 1×
  The Indiana statute of repose should bar the plaintiff's claim because the forum state's statute of limitations generally applies, and this case is not exceptional.
• David Olson, M.D. v. Christopher and Tammy Costello
  Fla. 6th DCA· 2026-05-15
  The court has jurisdiction over a nonfinal order granting summary judgment that determines a party is not entitled to workers' compensation immunity as a matter of law, even without specific or explicit language stating so, based on the order's nature and legal effect. Florida la