6 Florida opinions name it 2 courts 1968–2019 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carnival Corp. v. Carlislegreen1 sentence2019In doing so, the court -5- recognized that it was not bound by lower federal court decisions, but it also acknowledged the Florida Supreme Court's admonition to "adhere to the federal principles of harmony and uniformity when applying federal maritime law." Id. at 1161 (quoting Carnival Corp. v. Carlisle, 953 So. 2d 461, 470 (Fla. 2007)). | 1 | 1 |
Tampa Port Authority v. M/V DUCHESSgreen1 sentence2014May 13, 1997); see also Tampa Port Auth. v. M/V Duchess, 65 F.Supp.2d 1279,1296-97 (M.D.Fla.1997), amended, 65 F.Supp.2d 1299 , affirmed, 184 F.3d 822 (11th Cir.1999) (table), other federal courts have considered whether state fee-shifting statutes may supplement federal maritime law and have consistently concluded that application of state fee-shifting statutes conflicts with maritime law and violates the important maritime principle of uniformity. | 1 | 1 |
Tampa Port Authority v. M/V Duchessgreen1 sentence2014May 13, 1997); see also Tampa Port Auth. v. M/V Duchess, 65 F.Supp.2d 1279,1296-97 (M.D.Fla.1997), amended, 65 F.Supp.2d 1299 , affirmed, 184 F.3d 822 (11th Cir.1999) (table), other federal courts have considered whether state fee-shifting statutes may supplement federal maritime law and have consistently concluded that application of state fee-shifting statutes conflicts with maritime law and violates the important maritime principle of uniformity. | 1 | 1 |
Tyrone Powell v. Offshore Navigation, Inc., Etc.green1 sentence1983See Powell v. Offshore Navigation Inc., 644 F.2d 1063 (5th CCA 1981), fn. 5. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Royal Caribbean Cruises, Ltd. v. Cox
green
2 sentences2019After citing a plethora of federal case law for the proposition that application of state fee-shifting statutes, including section 768.79, "conflicts with maritime law and violates the important maritime principle of uniformity," the court concluded that "Florida's offer of judgment statute conflicts with the general rule of federal maritime law that parties pay their own fees absent an exception." Cox, 137 So. 3d at 1160-61 . 2019Thus because the American Rule generally bars an award of attorneys' fees in a maritime case absent one of those exceptions, an award of attorneys' fees pursuant to section 768.79 in such a case "violates the important maritime principle of uniformity." Cox, 137 So. 3d at 1160 .3 Juneau Tanker was based on case law that has since been receded from, and we are now convinced that the underlying premise of Juneau Tanker is no longer good law. | 1 | 2019–2019 |
Palmer v. Ribax, Inc.
green
1 sentence1992Id. at 979 . | 1 | 1992–1992 |
Still v. Dixon
green
1 sentence1986Still v. Dixon, 337 So.2d 1033 (Fla. 2d DCA 1976); Rountree v. A.P. | 1 | 1986–1986 |
Whiteley v. Webb's City
green
1 sentence1968Accordingly, until 1953 it might have been argued with some force that the purposeful scope of the statute necessarily excluded the maritime doctrine of "unseaworthiness" and other principles which predicate liability on implied warranty theory or which are founded on expanding concepts of "strict liability." It is obvious, however, that whatever notion may have existed prior to 1953 concerning the limited nature of substantive concepts of liability under the statute [see Whiteley v. Webb's City, Inc. (Fla. 1951), 55 So.2d 730 ] such was clearly expunged by the amendment (Ch. 28280) in 1953 by | 1 | 1968–1968 |
Green v. American Tobacco Company
green
1 sentence1968Under the amendatory clarification as to the intended scope of substantive liability embraced by the statute, this Court has incurred little difficulty in predicating wrongful death recovery on the theory of "implied warranty." See Green v. American Tobacco Co. (Fla. 1963), 154 So.2d 169 . | 1 | 1968–1968 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.