Cheryl Cohen, on Behalf of Herself and Others Similarly Situated v. Office Depot, Inc., a Florida Corporation
Court of Appeals for the Eleventh Circuit
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
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Snyder v. HarrisSupreme Court of the United States · 1969
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- 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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- Miriam W. Williams v. Best Buy Co., Inc.Court of Appeals for the Eleventh Circuit · 2001
- Roe v. Michelin North America, Inc.Court of Appeals for the Eleventh Circuit · 2010
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