Unincorporated Associations

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

• Florio v. State of Fla. ex rel. A. L. Epperson
  119 So. 2d 305· Fla. 2d DCA· 1960-04-06 ·cited 73×
  Property owners around Egypt Lake sought to enjoin water skiing operations conducted by the Florios at Ralston Beach and by McDonald's ski school, alleging a public nuisance. The court found a nuisance existed but reversed the injunction as overly broad and wrongfully discriminat
• In re Grand Jury Empanelled February 14
  597 F.2d 851· 3d Cir.· 1979-04-27 ·cited 62×
  The Fifth Amendment privilege against self-incrimination does not shield business records from production when a subpoena duces tecum is served on an employee who prepared and maintained those records, even if the employer owns the business.
• Underwriters AT Lloyd's v. Osting-Schwinn
  613 F.3d 1079· 11th Cir.· 2010-08-05 ·cited 61×
  Lloyd's of London syndicates sued for declaratory judgment that a settlement agreement was valid, invoking federal diversity jurisdiction based solely on the lead underwriter's citizenship without disclosing the citizenship of all syndicate members. The Eleventh Circuit held that
• Montgomery Ward & Co., Inc. v. Langer
  168 F.2d 182· 8th Cir.· 1948-05-28 ·cited 48×
  The court held that the trial court erred in dismissing the action because a right to some adjudication through class representation might exist, and relief could potentially exist against personally served individuals.
• Am. Fed'n of Musicians v. Stein
  213 F.2d 679· 6th Cir.· 1954-06-16 ·cited 44×
  The court held that the district court did not err in granting a preliminary injunction, as the Norris-LaGuardia Act was inapplicable and the jurisdictional question regarding diversity of citizenship was a substantial issue for the district court to determine.
• Cent. Operating Co. v. Util. Workers OF Am., AFL-CIO
  491 F.2d 245· 4th Cir.· 1974-01-24 ·cited 40×
  The court held that extraterritorial service on a national union's agent in another state, without specific statutory authorization, does not establish personal jurisdiction. It also held that failure to provide notice of a continuance order to a party already in default does not
• Underwood v. Maloney
  256 F.2d 334· 3d Cir.· 1958-03-26 ·cited 36×
  The court held that federal courts must apply state law to determine the capacity of unincorporated associations to sue or be sued in diversity cases, and that Pennsylvania law prohibits class actions by or against such associations, thus requiring dismissal for lack of diversity
• Loss v. Rayford T. Blankenship
  673 F.2d 942· 7th Cir.· 1982-03-12 ·cited 24×
  Dismissal of the LMRA claim was proper because the defendant was not a party to the collective bargaining agreement, but the district court erred in dismissing the tortious interference claim without considering diversity jurisdiction.
• Lowry v. The Int'l Bhd. of Boilermakers
  259 F.2d 568· 5th Cir.· 1958-09-22 ·cited 24×
  Federal diversity jurisdiction requires complete diversity between all parties on each side, and an unincorporated association's citizenship is determined by its members, not its entity status.
• AETNA Cas. & Sur. Co. v. Hillman
  796 F.2d 770· 5th Cir.· 1986-08-13 ·cited 21×
  The court held that the substitution of USF&G for Aetna did not cure the lack of diversity jurisdiction because the original plaintiff lacked standing, rendering the amendment a new lawsuit, and subsequent events do not create jurisdiction.
• Erie Human Relations Comm'n v. Hon. Louis J. Tullio
  493 F.2d 371· 3d Cir.· 1974-03-04 ·cited 20×
  The court held that the Erie Human Relations Commission lacked the capacity to sue under Federal Rule of Civil Procedure 17(b) because its organizing ordinance did not grant it such power and it did not fit the exceptions for unincorporated associations.
• Rock Drilling v. Mason & Hanger Co., Inc.
  217 F.2d 687· 2d Cir.· 1954-12-06 ·cited 20×
  The court held that Section 301(b) of the Taft-Hartley Act is a capacity statute and does not grant labor unions the substantive right to sue for individual employees' tort claims, nor can such claims be aggregated to meet the diversity jurisdiction amount.
• Reginald v. Schmidt
  555 F.2d 30· 2d Cir.· 1977-05-12 ·cited 16×
  The court held that the statute of limitations had not run on the contract and promissory estoppel claims, and that summary judgment was improperly granted on the fraud claim.
• Patrician Towers Owners, Inc. v. Charles M. Fairchild (Individually and as general partner
  513 F.2d 216· 4th Cir.· 1975-03-26 ·cited 16×
  The court held that the district court failed to make adequate findings of fact and conclusions of law regarding the plaintiffs' standing and the court's jurisdiction, requiring a remand.
• Fort Lauderdale Food Not Bombs v. City of Fort Lauderdale
  11 F.4th 1266· 11th Cir.· 2021-08-31 ·cited 15×
  Fort Lauderdale Food Not Bombs challenged city ordinances and park rules that effectively prohibited food-sharing demonstrations by requiring permits subject to standardless official discretion. The Eleventh Circuit Court of Appeals held that while the city had legitimate interes
• Heinold HOG Mkt., Inc. v. McCOY
  700 F.2d 611· 10th Cir.· 1983-02-18 ·cited 12×
  The court held that the National Commodity Exchange (NCE) is an unincorporated association, not a sole proprietorship, and therefore its records are not protected by the Fifth Amendment privilege against self-incrimination asserted by Larry Martin. The court also held that John G
• Swan v. The First Church OF Christ
  225 F.2d 745· 9th Cir.· 1955-08-30 ·cited 10×
  The court held that the Massachusetts religious entities were corporations for diversity jurisdiction purposes, and affirmed the dismissal of the complaint counts.
• The Stouffer Corp. v. Breckenridge
  859 F.2d 75· 8th Cir.· 1988-10-11 ·cited 9×
  The court should affirm the district court's refusal to dismiss for want of diversity jurisdiction, as the general partner is the real party to the controversy.
• The State of Fla. ex rel. Russell H. Hoadley v. The Bd. of Ins. Comm'rs of the State of Fla.
  37 Fla. 564· Fla.· 1896-01-01 ·cited 9×
  Florida's highest court invalidated a state insurance law requiring out-of-state unincorporated insurance associations to maintain $150,000 in securities while imposing no equivalent requirement on in-state citizens, finding the discriminatory provision violated the Privileges an
• Am. Civil Liberties Union v. Fed. Commc'ns Comm'n & United States
  774 F.2d 24· 1st Cir.· 1985-10-07 ·cited 8×
  The court held that affiliates who did not participate in FCC proceedings lack standing to petition for review, and venue was improper in this circuit for a membership corporation whose principal office is not located here.
• Coverdell v. Mid-South Farm Equip. Ass'n, Inc.
  335 F.2d 9· 6th Cir.· 1964-06-26 ·cited 8×
  The court held that a personal service contract could exist between the plaintiff and the defendants, and that the trustees had the authority to enter into such a contract on behalf of the Association. However, the Trust itself could not be sued as an entity, only through its tru
• Steele v. Guar. Tr. Co. of N.Y.
  164 F.2d 387· 2d Cir.· 1947-12-08 ·cited 8×
  The court held that the district court lacked jurisdiction over claims not meeting the jurisdictional amount or diversity requirements.
• Larkin v. Buranosky
  973 So. 2d 1286· Fla. 4th DCA· 2008-02-20 ·cited 6×
  Lynne Larkin, a former Vero Beach vice mayor who lost her 2005 re-election bid, appealed the dismissal of her complaint against two unincorporated political organizations that had funded negative campaign advertisements against her. The Fourth District Court of Appeal affirmed th
• Underwriters AT LaCONCORDE v. Airtech Servs., Inc.
  493 So. 2d 428· Fla.· 1986-07-03 ·cited 6×
  The court held that the district court of appeal erred in its treatment of both the prejudgment interest issue and Airtech Service's appeal regarding the negligence per se instruction.
• Marcelo Ramos Motta v. Samuel Weiser, Inc.
  768 F.2d 481· 1st Cir.· 1985-07-29 ·cited 6×
  The court held that the appellants failed to establish ownership of the Aleister Crowley copyrights because the Ordo Templi Orientis (OTO), an unincorporated association with indeterminate membership, lacks the legal capacity for its members to enforce copyright ownership.
• Renaldo Nehemiah v. The Athletics Cong. OF the U.S.A. & the Int'l Amateur Athletic Fed'n. Appeal of The Int'l Amateur Athletic Fed'n
  765 F.2d 42· 3d Cir.· 1985-06-17 ·cited 6×
  Personal service on an officer of an unincorporated association within the forum state is insufficient, on its own, to establish personal jurisdiction over the association; a minimum contacts analysis is required.
• Newport Ltd. v. Sears
  941 F.2d 302· 5th Cir.· 1991-08-26 ·cited 5×
  The court held that the district court abused its discretion in dismissing state-law claims without prejudice after the federal RICO claim was dismissed, given the extensive litigation already undertaken. The court also affirmed the dismissal of the RICO claim and the district co
• Broward Cnty. v. R. W. Obermayr, D. D. S., P. A.
  397 So. 2d 1175· Fla. 4th DCA· 1981-04-29 ·cited 5×
  Broward County appealed a trial court judgment invalidating an occupational license tax on professional associations (P.A.s) as unconstitutional discrimination. The Fourth District Court of Appeal reversed, holding that professional associations constitute a sufficiently distinct
• Curley v. Brignoli
  915 F.2d 81· 2d Cir.· 1990-09-20 ·cited 4×
  The court held that a derivative action could be recharacterized as a class action to preserve diversity jurisdiction, and the limited partnership could be dismissed as a dispensable party.
• Faysound Ltd. v. United Coconut Chems., Inc.
  878 F.2d 290· 9th Cir.· 1989-06-26 ·cited 4×
  The court held that diversity jurisdiction was lacking because an alien plaintiff cannot sue alien defendants, and the lessees were indispensable parties whose presence destroyed complete diversity.
• The Communist Party OF the United States v. United States
  384 F.2d 957· D.C. Cir.· 1967-03-03 ·cited 4×
  The court held that a statute compelling members of an unincorporated association to incriminate themselves to protect the association from criminal penalties is invalid as applied.
• Oskoian v. Theobald J. Canuel
  264 F.2d 591· 1st Cir.· 1959-03-17 ·cited 4×
  The court granted leave to appeal an interlocutory order denying a motion to dismiss, finding it involved a controlling question of law that could avoid protracted litigation.
• Benz v. Compania Naviera Hidalgo, S.A.
  233 F.2d 62· 9th Cir.· 1956-04-06 ·cited 4×
  Federal courts have jurisdiction to award damages for tortious picketing under state law, even if the picketing is peaceful, provided federal law does not offer a substantially similar remedy. However, judgments against unincorporated associations cannot be enforced against assoc
• Euclid Turnaround Opportunity Fund LP v. Amerant Equip. Fin.
  2020 WL 6472615· S.D. Fla.· 2025-09-22 ·cited 2×
  The court adopted the magistrate judge's report and recommendation, finding subject-matter jurisdiction exists based on diversity of citizenship and affirming orders compelling discovery.
• Vax-D Med. Techs., LLC v. Tex. Spine Med. Ctr. & Daniel Boudreau
  485 F.3d 593· 11th Cir.· 2007-04-26 ·cited 2×
  Vax-D Medical Technologies sued Texas Spine Medical Center and Daniel Boudreau for patent and trademark infringement and false advertising. The district court dismissed for lack of personal jurisdiction, but the Eleventh Circuit reversed, holding that service was proper under Fed
• Johnston v. Meredith
  840 So. 2d 315· Fla. 3d DCA· 2003-02-12 ·cited 2×
  The court reversed a trial court's denial of a motion to quash service of process, holding that unincorporated associations in Florida must be sued by serving all of their individual members, not just a representative or leader. Service on Thomas Johnston as District Grandmaster
• Aradia Women's Health Ctr. v. Operation Rescue
  929 F.2d 530· 9th Cir.· 1991-04-05 ·cited 2×
  Individuals acting in concert with a party enjoined by a court order can be held in civil contempt for violating that order, even if not directly named in the original injunction.
• Northbrook Excess & Surplus Ins. Co. v. The Med. Malpractice Joint Underwriting Ass'n OF Mass.
  900 F.2d 476· 1st Cir.· 1990-04-11 ·cited 2×
  The court held that Federal Rule of Civil Procedure 23.2 cannot be used to create diversity jurisdiction when an unincorporated association has jural status under state law. Therefore, the plaintiff could not amend its complaint to sue the association's members as a class.
• Homeco Developments v. Markborough Props., Ltd.
  709 F. Supp. 1137· S.D. Fla.· 1989-03-03 ·cited 2×
  The court held that the plaintiffs had the capacity to sue, were real parties in interest, and had standing to bring antitrust claims, and that the complaint sufficiently alleged violations of antitrust laws and state law claims, denying the motion to dismiss.
• Martin v. United States
  264 F.2d 270· 10th Cir.· 1959-02-10 ·cited 2×
  The court held that the defendant's claim of proprietary interest in the stolen airplane was invalid as a matter of law, and his resignation from the Aero Club was effective, negating his defense.
• Joseph v. Gen. Conf. Corp. of 7th Day Adventist
  S.D. Fla.· 2025-02-26
  Plaintiff Lorfils Joseph filed a lawsuit against the General Conference Corporation of the Seventh-day Adventist Church in federal district court in Florida. The court granted Joseph's request to proceed without paying court fees and costs, issued summonses for the defendants, an
• Asociacion de Perjudicados Por Inversiones Efectuadas En U.S.A. v. Citibank
  770 So. 2d 1267· Fla. 3d DCA· 2000-11-15
  A Spanish association of foreign investors sued Citibank and stock brokers for securities fraud losses, but the trial court dismissed the case for lack of standing and capacity to sue. The appellate court affirmed, holding that unincorporated nonprofit associations lack statutory
• Peoples GAS Sys., Inc. v. Acme GAS Corp.
  689 So. 2d 292· Fla. 3d DCA· 1997-01-15
  Peoples Gas System sought contribution and indemnification from fellow members of Gas Central, an informal emergency response system, for a $3.5 million settlement it paid in a gas explosion case. The court affirmed summary judgment against Peoples Gas, holding that the incident
• Goins v. Mo. Pac. Sys. Fed'n OF Maint. OF WAY Emp. Union
  272 F.2d 458· 8th Cir.· 1959-12-09
  A member of an unincorporated association cannot maintain an action at law for damages against the association for the alleged wrongful misconduct of its agents, as this would be equivalent to suing oneself and co-principals.
• Crenshaw v. Rogers
  160 Fla. 969· Fla.· 1948-07-23
  The Florida Supreme Court affirmed a lower court's decision regarding the Orlando Police Relief Club, upholding the city's actions concerning its police officers. The case involved a dispute over the rights and representation of police officers within the city's employment struct