Liberal Construction Of Remedial Statutes

132 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Endebrock-White Co., Inc.
  275 F.2d 57· 4th Cir.· 1960-02-26 ·cited 20×
  The court held that a materialman under the Miller Act need only prove a good faith reasonable belief that materials were intended for the prime contract work, not actual incorporation into the work.
• ST. Marys Sewer Pipe Co. (North Point Mine) v. Dir. of the United States Bureau of Mines
  262 F.2d 378· 3d Cir.· 1959-01-16 ·cited 20×
  The court held that the Federal Coal Mine Safety Act's classification of a mine as 'gassy' applies regardless of whether the methane originates from the coal seam or from an external source like an abandoned gas well.
• Stansfield v. Lykes Bros. S. S. Co., Inc.
  124 F.2d 999· 5th Cir.· 1941-12-11 ·cited 20×
• Clare Caldwell v. Fla. Dep't of Elder Affairs
  121 So. 3d 1062· Fla. 1st DCA· 2013-04-22 ·cited 18×
  Clare Caldwell appealed the Florida Commission on Human Relations' dismissal of her whistleblower retaliation complaint, arguing the Commission was obligated to investigate. The appellate court affirmed the dismissal, holding that Caldwell's complaint contained only conclusory al
• Holliday v. Consol. Rail Corp.
  914 F.2d 421· 3d Cir.· 1990-09-14 ·cited 18×
  The dissenting judge would find that the FELA permits recovery for emotional distress and that the plaintiff alleged sufficient facts to create a genuine issue of material fact regarding negligence causing emotional injury.
• Great Dane Trailers and Jones v. Langene Flis
  435 So. 2d 931· Fla. 1st DCA· 1983-07-29 ·cited 18×
  A workers' compensation case where an employee injured his back in an industrial accident and subsequently suffered a heart attack. The court held that the heart attack was a compensable injury causally related to the back injury, and that the carrier's denial of compensability f
• Garvey Grain Co. & United Fire Ins. Co. v. Dir., Off. OF Workers' Comp. Programs & Max Cuellar
  639 F.2d 366· 7th Cir.· 1981-01-05 ·cited 18×
  The court held that the injured worker was an employee under the Longshoremen's and Harbor Workers' Compensation Act, that the 10% penalty for late payment was mandatory, and that administrative delay did not require reversal.
• Marine Stevedoring Corp. v. Oosting
  398 F.2d 900· 4th Cir.· 1968-06-20 ·cited 18×
  The dissenting judge argues that the Longshoremen's and Harbor Workers' Compensation Act was intended to cover injuries occurring on navigable waters, not on the dock itself. The majority's interpretation is seen as a distortion of congressional intent.
• The United States for the Use & Benefit of Clark-Fontana Paint Co., Inc. v. Glassman Constr. Co., Inc.
  397 F.2d 8· 4th Cir.· 1968-05-03 ·cited 18×
  A supplier of materials can recover under the Miller Act for the balance due, even after endorsing checks sufficient to cover the balance, if the endorsement language does not clearly and explicitly waive the right to claim under the Act.
• Murray Seasongood and Agnes Seasongood v. Commissioner OF Internal Revenue
  227 F.2d 907· 6th Cir.· 1955-12-14 ·cited 18×
  Contributions to an organization are deductible if the organization is operated exclusively for charitable or educational purposes and no substantial part of its activities involves propaganda or attempting to influence legislation.
• Sheridan v. State
  182 So. 3d 787· Fla. 1st DCA· 2016-01-06 ·cited 17×
  In this employment discrimination case under the Florida Civil Rights Act of 1992 (FCRA), the court reversed summary judgment against an employee who filed a premature civil action before exhausting administrative remedies. The court held that although the lawsuit was prematurely
• Schenita Green v. Burger King Corp.
  728 So. 2d 369· Fla. 3d DCA· 1999-03-24 ·cited 17×
  Schenita Green appealed the dismissal of her employment discrimination complaint against Burger King, which was dismissed as time-barred because her initial complaint to the Florida Commission on Human Relations was unverified. The court reversed, holding that an unverified compl
• DE Freese v. United States
  270 F.2d 730· 5th Cir.· 1959-09-30 ·cited 17×
  The Federal Food, Drug, and Cosmetic Act's prohibition on dispensing certain drugs without a prescription applies to bulk sales for resale by physicians, not just retail sales by pharmacists.
• Wagner, Vaughan, McLAUGHLIN & Brennan, P.A. v. Kennedy LAW Grp.
  64 So. 3d 1187· Fla.· 2011-04-07 ·cited 16×
  The Florida Supreme Court resolved a conflict between district courts regarding the applicability of the wrongful death attorney fees statute (§ 768.26) to pre-suit settlements and determined how to allocate fees when survivors are represented by separate counsel. The Court held
• Greene v. Whirlpool Corp.
  708 F.2d 128· 4th Cir.· 1983-05-31 ·cited 15×
  The court held that unequivocal oral notice can satisfy the filing requirement under section 626(d) of the ADEA, based on remedial purpose, legislative history, and administrative interpretation.
• Philbin v. Gen. Elec. Cap. Auto Lease
  929 F.2d 321· 7th Cir.· 1991-04-05 ·cited 14×
  A timely filed Intake Questionnaire, later verified by a formal charge, can satisfy the statutory requirement for filing a charge with the EEOC, even if the verification occurs after the statutory period. The EEOC's regulation allowing such amendments to relate back is a reasonab
• Ackley v. Chicago & N. W. Transp. Co.
  820 F.2d 263· 8th Cir.· 1987-06-02 ·cited 14×
  The court held that a jury instruction stating the employer has the right to assume employees will exercise reasonable care and obey safety rules prejudicially diminished the employer's duty under the FELA. This instruction was particularly erroneous given the facts where the emp
• In re Cleve Jackson Howell v. Cleve Jackson Howell
  638 F.2d 81· 9th Cir.· 1980-08-21 ·cited 14×
  The court held that an adult child's economic inability to support himself, even without mental or physical handicap, can qualify a parent as a 'head of a household' for homestead exemption purposes under California Civil Code § 1261.
• Apache Powder Co. v. Ashton Co., Inc.
  264 F.2d 417· 9th Cir.· 1959-02-24 ·cited 14×
  The court held that Apache's April 25, 1957, written notice to the prime contractor was a sufficient compliance with the Miller Act, entitling Apache to sue on the payment bond.
• United States v. Cont'l Cas. Co.
  414 F.2d 431· 5th Cir.· 1969-08-01 ·cited 13×
  Summary judgment was properly granted against a general contractor's surety under the Miller Act because the materialman demonstrated compliance with the Act's requirements and the surety failed to raise a genuine issue of material fact regarding good faith or material diversion.
• B & C Truck Leasing, Inc. v. Interstate Commerce Comm'n
  283 F.2d 163· 10th Cir.· 1960-09-26 ·cited 13×
  The dissenting judge would reverse the trial court's decision and dismiss the action.
• Rosa v. Dep't OF Child. & Families
  915 So. 2d 210· Fla. 1st DCA· 2005-10-26 ·cited 12×
  The court held that a jury issue existed regarding whether the plaintiff's letter constituted a protected whistleblower complaint under the statute.
• Foote v. Unemployment Appeals Comm'n
  659 So. 2d 1232· Fla. 5th DCA· 1995-08-25 ·cited 12×
  A temporary absence from work due to a legitimate family emergency, where the employee makes diligent efforts to inform the employer and the employer does not object, does not constitute misconduct disqualifying the employee from unemployment benefits.
• United States v. Crocker Nat'l Corp.
  656 F.2d 428· 9th Cir.· 1981-09-14 ·cited 12×
  The dissenting judge believes the majority erred in holding that section 8 of the Clayton Act does not exempt interlocking directorates between competing banks and non-banks.
• Centex-Winston Corp. v. Crown Paint, Inc.
  294 So. 2d 694· Fla. 3d DCA· 1974-05-14 ·cited 12×
  An error or omission in a claim of lien under the mechanic's lien law will not prevent foreclosure if the party has not been adversely affected by the error.
• Valborg Berven v. Gardner
  414 F.2d 857· 8th Cir.· 1969-09-04 ·cited 12×
  The court held that the Secretary's determination that the appellant was not disabled was not supported by substantial evidence, and she is entitled to disability benefits.
• United States v. Russell
  776 F.2d 955· 11th Cir.· 1985-11-18 ·cited 11×
  The court held that a Rule 35 motion filed after a notice of appeal was jurisdictionally barred, but affirmed the denial of the defendant's motion to withdraw his guilty plea and vacate his sentence.
• Panama City Hous. Auth. v. Sowby
  587 So. 2d 494· Fla. 1st DCA· 1991-09-06 ·cited 10×
  The Panama City Housing Authority discharged Mrs. Sowby, an assistant director, alleging a conflict of interest from 1986-1987 when her mother rented a cottage owned by Sowby through the Section 8 rent subsidy program that Sowby administered. The court affirmed that Sowby was ent
• Peterson v. City OF Wichita
  888 F.2d 1307· 10th Cir.· 1989-11-06 ·cited 10×
  An unverified EEOC charge, timely filed, can be amended by a later verified charge which relates back to the original filing date.
• Kane v. Douglas
  635 F.2d 141· 2d Cir.· 1980-11-26 ·cited 10×
  A complaint filed on the Monday following a Sunday deadline is timely under Title VII, as Rule 6(a) of the Federal Rules of Civil Procedure applies to extend the filing period.
• Arvid Halvorsen v. Dunlap
  495 F.2d 817· 8th Cir.· 1974-04-29 ·cited 10×
  The court held that under South Dakota law, the "pecuniary injury" in a wrongful death action can include the loss of the decedent's advice, comfort, assistance, and protection, and that evidence of the decedent's plans for a resort was admissible to show potential pecuniary loss
• United States v. Frank Graham Co.
  199 F.2d 499· 5th Cir.· 1952-10-28 ·cited 10×
  The court held that the facts did not bring the case within the invoked subsection of the forfeiture statute, and remission was not error.
• Pinder v. Bahamasair Holdings Ltd., Inc.
  661 F. Supp. 2d 1348· S.D. Fla.· 2009-10-09 ·cited 9×
  The court held that an employee's report of a manager's violation of federal airline regulations constitutes statutorily protected activity under the Florida Whistleblower Act, even if the violation was by an employee acting within the scope of employment, and that the employer i
• Regency Towers Owners Ass'n, Inc. v. Pettigrew
  436 So. 2d 266· Fla. 1st DCA· 1983-07-22 ·cited 9×
  The court held that the Commission lacked jurisdiction because the employer did not meet the statutory definition of 'employer' requiring 15 or more employees for each working day in 20 or more calendar weeks.
• Ferrigno v. Progressive Am. Ins. Co.
  426 So. 2d 1218· Fla. 4th DCA· 1983-02-09 ·cited 8×
  The court reversed a summary judgment for an auto insurer, holding that the insurer had a statutory obligation to notify insureds of uninsured motorist coverage options as of October 1, 1980, regardless of whether the Department of Insurance had yet approved the form of notice. T
• Mullins v. Andrus
  664 F.2d 297· D.C. Cir.· 1980-12-31 ·cited 8×
• Ovel W. Ohler v. Secretary OF Health
  583 F.2d 501· 10th Cir.· 1978-09-11 ·cited 8×
  The court held that evidence outside the administrative record cannot be considered when determining if the agency's decision was based on substantial evidence, but such evidence may be grounds for remand.
• United States v. Nat'l Sur. Corp.
  268 F.2d 610· 5th Cir.· 1959-06-29 ·cited 7×
  The court held that a surety bond under the Miller Act covers a contractor's obligation to reimburse a lessor for lost rented equipment, in addition to rental payments.
• Ramos v. Steak N Shake, Inc.
  376 So. 3d 100· Fla. 2d DCA· 2023-12-20 ·cited 6×
  The appellate court reversed a grant of summary judgment, holding that an employee did not fail to exhaust administrative remedies by not explicitly mentioning the Florida Civil Rights Act (FCRA) in his EEOC charge. The court emphasized that the FCRA requires liberal construction
• Lorenz v. Sauer
  807 F.2d 1509· 9th Cir.· 1987-01-15 ·cited 6×
  A trustee of a defrauding corporation, even after assignment of claims from defrauded investors, is not an 'aggrieved person' entitled to recover from the California Real Estate Recovery Fund.
• Donovan v. Hahner
  736 F.2d 1421· 10th Cir.· 1984-06-15 ·cited 6×
  The 30-day filing requirement under the Occupational Safety and Health Act is a statute of limitations subject to equitable tolling, not a jurisdictional prerequisite, and the employer's misleading conduct justified tolling.
• Richards v. The Gov't OF the Virgin Islands
  579 F.2d 830· 3d Cir.· 1978-07-05 ·cited 6×
  The total award of damages, costs, and attorney's fees against the government cannot exceed the statutory limit of $25,000, and a victim compensation award is not a setoff against the government's liability for its own negligence.
• Damon v. Secretary of Health
  557 F.2d 31· 2d Cir.· 1977-05-23 ·cited 6×
  The court held that foster care payments received by a parent should be considered the parent's own property for the purpose of determining if an adopted child meets the one-half support requirement for Social Security benefits.
• United States for the Use & Benefit of Kelly-Mohrhusen Co., Inc. v. Merle A. Patnode Co.
  457 F.2d 116· 7th Cir.· 1972-02-03 ·cited 6×
  The court held that a materialman's notice to a general contractor, even if not sent by registered mail and omitting the subcontractor's name, was sufficient to preserve a claim against the surety if it was timely, substantially accurate, and the general contractor had actual kno
• United States for the Use of Gen. Elec. Co. v. H. I. Lewis Constr. Co., Inc.
  375 F.2d 194· 2d Cir.· 1967-03-09 ·cited 6×
  The court held that the ninety-day notice requirement under the Miller Act is a strict condition precedent, and a late delivery of replacement materials, not part of the original contract, cannot revive a claim extinguished by the expired notice period.
• United States for Use & Benefit of E. Gulf, Inc. v. Metzger Towing, Inc.
  910 F.2d 775· 11th Cir.· 1990-09-06 ·cited 5×
  The court should have allowed recovery for standby time under the contract and the Miller Act, as the contract was ambiguous and standby time constitutes compensable labor or materials.
• Carlisle v. Consol. Rail Corp.
  990 F.2d 90· 3d Cir.· 1993-03-29 ·cited 4×
  The court held that the Federal Employers' Liability Act (FELA) permits recovery for negligent infliction of emotional distress arising from protracted exposure to stressful and dangerous working conditions, provided the injury was a foreseeable result of the employer's negligenc
• Hotvedt v. Schlumberger Ltd. (N.V.) & Schlumberger Well Servs.
  914 F.2d 79· 5th Cir.· 1990-10-09 ·cited 4×
  The court held that the Texas saving statute applies to actions dismissed or stayed on forum non conveniens grounds, and that the district court abused its discretion in granting the forum non conveniens motion for one defendant.
• Raymar Constr. Co., Inc. v. Lopez-Soto
  547 So. 2d 282· Fla. 2d DCA· 1989-08-04 ·cited 4×
  The court reversed a final judgment that found a business liable for auto repair costs, holding that the trial court erred in ruling the Florida Motor Vehicle Repair Act did not apply to the transaction.
• Baker v. United States Steel Corp.
  867 F.2d 1297· 11th Cir.· 1989-03-15 ·cited 4×
  The court held that the Administrative Law Judge's strict geographical interpretation of the 'situs requirement' for a miner under the Black Lung Benefits Act was clearly erroneous, and that the claimant's work in a central repair shop exposed to coal dust satisfied the requireme