THE STEWART ORGANIZATION, INC., A CORPORATION; WALTER H. STEWART, AND JAMES S. SNOW, JR., PLAINTIFFS-APPELLEES,
v.
RICOH CORPORATION, A CORPORATION, RICOH OF AMERICA, INC., A CORPORATION, DEFENDANTS-APPELLANTS

11th Cir. | 1986-03-14
No. 85-7231
Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON and CLARK, Circuit Judges and TUTTLE, Senior Circuit Judge.
785 F.2d 896 Court of Appeals for the Eleventh Circuit (1986) Positive Treatment
Cited by 8 cases

Opinion of the Court
BY THE COURT:

BY THE COURT:

A member of this Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the cause shall be reheard by this Court en banc with oral argument on a date hereafter to be fixed. The previous panel’s opinion is hereby VACATED.

The Clerk will specify a briefing schedule for the filing of en banc briefs.


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  • Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22 (U.S. 1988)
    …eable as a matter of federal law. 779 F. 2d 643 (1986). The panel therefore reversed the order of the District Court and remanded with instructions to transfer the case to a Manhattan court. After petitioner successfully moved for rehearing en banc, 785 F. 2d 896 (1986), the full Court of Appeals proceeded to adopt the result, and much of the reasoning, of the panel opinion. 810 F. 2d 1066 (1987).2 The en banc court, citing Congress’ enactment or approval of several rules to govern venue determinations in di…
  • …spoused in Erie, a federal court must determine whether to apply federal or state law to settle the disputed issue. The question of which law to apply is a “sticky” one, see Stewart Org., Inc. v. Ricoh Corp., 779 F. 2d 643, 645 (11th Cir.), vacated, 785 F. 2d 896 (11th Cir.1986), and is best understood by examining Erie and its progeny. Erie eliminated the existence of independent federal common law in diversity cases by overruling Swift v. Tyson, 41 U.S. (16 Pet.) 1, 10 L.Ed. 865 (1842). The Court denounce…
  • The Stewart Org., Inc. v. Ricoh Corp., 810 F.2d 1066 (11th Cir. 1987)
    …al and state court treatment of forum selection clauses will lead to "the kinds of forum shopping ... deplored in Erie." Post at 1077; see also Stewart Org., Inc. v. Ricoh Corp., 779 F. 2d 643, 651 (11th Cir.1986) (Godbold, J., dissenting), vacated, 785 F. 2d 896 (11th Cir.1986). The forum shopping that disturbed the Erie Court was the ability of a plaintiff to get an entirely different result in his case, depending on whether he brought it in state or federal court. As I demonstrate in the text, the Van Dus…

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