Tortious Breach Of Contract

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

• Anthony Frank Sibley, M.D. v. Lutheran Hosp. OF Md., Inc.
  871 F.2d 479· 4th Cir.· 1989-03-31 ·cited 2×
  A plaintiff must present clear and convincing evidence of actual malice to overcome a qualified privilege in a defamation claim, and speculative allegations are insufficient to survive summary judgment.
• Dial v. The Hartford Accident & Indem. Co.
  863 F.2d 15· 5th Cir.· 1989-01-12 ·cited 2×
  A plaintiff asserting a tortious breach of a workers' compensation policy must exhaust administrative remedies before filing a tort action in court.
• Becker v. Celebration, Inc.
  541 F.2d 156· 6th Cir.· 1976-08-26 ·cited 2×
  The court held that the promoter did not breach its contract and that Tennessee law does not recognize a cause of action for tortious breach of contract, thus reversing the jury's verdict.
• Heckethorn v. Sunan Corp.
  992 F.2d 240· 9th Cir.· 1993-07-02
  The court held that Fed.R.Civ.P. 41(a)(2) does not provide an independent basis for sanctioning attorneys with fees or requiring them to submit to depositions, absent specific statutory authority or other recognized exceptions.
• Winchell v. United States Dep't OF Agric.
  961 F.2d 1442· 9th Cir.· 1992-04-20
  The court held that the plaintiff's claims, arising from contractual disputes with government agencies, did not constitute a tortious breach of the covenant of good faith under Montana law, thus precluding FTCA jurisdiction.
• Jackson B. Smith and Vivian E. Smith v. Blue Cross & Blue Shield United OF Wis. & Delco Elecs. Corp.
  959 F.2d 655· 7th Cir.· 1992-03-27
  The court affirmed the district court's decision, holding that state law claims were preempted by ERISA, the plaintiffs failed to exhaust internal remedies, and the imposition of Rule 11 sanctions was appropriate.
• Grosinsky v. United States
  947 F.2d 417· 9th Cir.· 1991-10-22
  The court held that the Feres doctrine bars claims arising from injuries to servicemen, including derivative claims by family members and claims based on medical malpractice at a military hospital, and that contracts with the US require proof of official authority.
• Johnson v. The Sec'y OF & U.S. Dep't OF Hous. & Urban Dev.
  710 F.2d 1130· 5th Cir.· 1983-08-01
  The court held that while the Secretary acted arbitrarily in disallowing profit and overhead due to an 'identity of interest,' sovereign immunity bars claims for damages beyond interest reduction payments, which are payable from the Secretary's funds.
• Fla. Farm Bureau Cas. Ins. Co. v. Evans
  419 So. 2d 709· Fla. 1st DCA· 1982-09-08
  The Florida District Court of Appeal affirmed a final judgment awarding an insured $15,000 in compensatory damages for breach of contract. The court found that the insurer unreasonably withheld consent for the insured to settle with a third party, violating the insurance policy t
• Ramco Int'l, Inc. v. Travex Corp.
  531 F. Supp. 796· S.D. Fla.· 1982-02-11
  The court held that the plaintiffs failed to state a claim under Sections 1 and 2 of the Sherman Act and that diversity jurisdiction was destroyed by a lack of complete diversity between plaintiffs and a defendant.
• L'Enfant Plaza Props., Inc. v. The United States
  645 F.2d 886· Ct. Cl.· 1981-03-11
  The court held that the lease terms placed the risk of third-party trespass during the pre-possession period on the lessee, and that tort claims for fraud and misrepresentation were outside the court's jurisdiction.
• Baroco v. Araserv, Inc.
  621 F.2d 189· 5th Cir.· 1980-07-11