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COHEN v. OFFICE DEPOT, INC.

No. 98-4787.

204 F.3d 1069 (2000)

Cheryl COHEN, on behalf of herself and others similarly situated, Plaintiff-Appellant, v. OFFICE DEPOT, INC., a Florida corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 24, 2000.

Attorney(s) appearing for the Case

Alvin D. Lodish, Bilzin, Sumberg, Robert C. Maland, Robert C. Maland, P.A., Miami, FL, for Plaintiff-Appellant.

Edward M. Mullins, Astigarraga, Davis, Mullins & Grossman, P.A., Miami, FL, John W. Little, III, Steel Hector & Davis, West Palm Beach, FL, Timothy T. Hughes, Steel, Hector & Davis, Miami, FL, for Defendant-Appellee.

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<...

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