Legal Opinion

Cheryl Cohen, on Behalf of Herself and Others Similarly Situated v. Office Depot, Inc., a Florida Corporation

Court of Appeals for the Eleventh Circuit

Decided February 24, 2000No. 98-4787PublishedCited by 482 opinions

1Opinion of the Court

ON PETITION FOR REHEARING AND SUGGESTION OF REHEARING EN BANC

Before BIRCH and CARNES, Circuit Judges, and MILLS * , Senior District Judge. CARNES, Circuit Judge:

In our prior opinion in this case, we held that Florida Statute § 768.72 conflicts with and must yield to the “short and plain statement” rule contained in Federal Rule of Civil Procedure 8(a)(3), and as a result a Florida plaintiff in federal court because of diversity jurisdiction need not obtain leave of court before pleading a request for punitive damages. Cohen v. Office Depot, Inc., 184 F.3d 1292, 1295-99 (11th Cir.1999) (“Cohen…

2Cases cited27 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  3. Snyder v. HarrisSupreme Court of the United States · 1969
  4. Zahn v. International Paper Co.Supreme Court of the United States · 1973
  5. Barbara Allen v. R & H Oil & Gas Company, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Tri-State Oil Services, Inc.Court of Appeals for the Fifth Circuit · 1995

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3Cited by482 opinions

  1. Susan Kanter Sharon Plunk v. Warner-Lambert Co. And Pfizer Inc.Court of Appeals for the Ninth Circuit · 2001
  2. Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
  3. Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
  4. Miriam W. Williams v. Best Buy Co., Inc.Court of Appeals for the Eleventh Circuit · 2001
  5. Roe v. Michelin North America, Inc.Court of Appeals for the Eleventh Circuit · 2010

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