Restatement (Second) Of Conflict Of Laws § 6

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

• Sturiano v. Martin Brooks Ad Litem of the Estate of Vito Sturiano
  523 So. 2d 1126· Fla.· 1988-03-24 ·cited 124×
  The Florida Supreme Court held that the doctrine of interspousal immunity does not bar a negligence action by a surviving spouse against her deceased husband's estate when no policy reasons for the doctrine exist, but affirmed that the lex loci contractus rule applies to automobi
• 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
• 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.
• 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.
• 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
• 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
• 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.
• 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.
• Gulf Trading & Transp. Co. v. The M/V Tento
  694 F.2d 1191· 9th Cir.· 1982-12-20 ·cited 11×
  The court held that choice of law questions involving maritime liens must be resolved by weighing and evaluating all relevant points of contact between the transaction and the affected legal systems, rather than relying on a single contact like the place of supply.
• 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
• Chierchia v. Treasure Cay Servs.
  738 F. Supp. 1386· S.D. Fla.· 1990-05-14 ·cited 8×
  The court held that the doctrine of forum non conveniens warranted dismissal because the Bahamas was an adequate alternative forum and public interest factors favored litigating the case there.
• 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.
• 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
• 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
• 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
• 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
• In re Parkwood v. Equitable Life Ins. Co.
  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.
• 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
• 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.
• 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.
• 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.
• 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
• Bell v. Miedema
  M.D. Fla.· 2020-09-02
  The court denied the motion to dismiss for lack of standing and converted the statute of limitations issue to a motion for summary judgment, allowing limited discovery.
• IN & FOR NEW Castle Cnty. Jennifer L. Jackson & Jack W. Jackson v. C.A. No. N14C-09-241 CEB Bridgestone Americas Tire Operations, LLC
  Del. Super. Ct.· 2015-11-24
  The court denied motions by defendants Bridgestone Americas Tire Operations, LLC (BATO) and Ford Motor Company (Ford) to apply the laws of Ohio and Michigan, respectively, to the plaintiff's claims. The court held that Delaware law should apply to the dispute, finding that Delawa
• IN & FOR NEW Castle Cnty. Andres Artega v. Bell Helicopter Textron, Inc.
  Del. Super. Ct.· 2014-06-10
  The court held that Texas law has the most significant relationship to the issues of liability, damages, and remedies in this products liability action arising from a helicopter crash in Mexico. Therefore, the court granted the plaintiffs' motion to apply Texas law to liability a
• In & for New Castle Cnty. Liggett Grp. Inc.
  Del. Super. Ct.· 2001-05-15
  The Delaware Superior Court held that North Carolina law governs the insurance coverage dispute, finding that North Carolina has the "most significant relationship" to the transactions and parties involved. The court determined that a global choice of law was appropriate for effi
• 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.
• Darvin Ray Dueitt v. Williams
  764 F.2d 1180· 5th Cir.· 1985-07-12
  The district court erred in its interpretation of Mississippi's workmen's compensation statute to bar a negligence suit against co-employees based on a public policy derived from the statute. The court should have performed a conflict of laws analysis.
• Danner v. Staggs
  680 F.2d 427· 5th Cir.· 1982-07-16
  The court held that Texas law applied because Texas had the most significant relationship to the occurrence and parties, despite the accident's proximity to the state line.
• Watts v. Nat'l Ins. Underwriters
  540 F. Supp. 488· S.D. Fla.· 1982-05-26
  The court held that Florida law applies to vicarious liability due to its 'dangerous instrumentality rule' and significant relationship to the parties and events, and denied summary judgment due to a genuine issue of material fact regarding aircraft ownership.