Liberal Construction Of Remedial Statutes

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

• Novelties Distrib. Corp. & N.J. Mfrs. Ins. Co. v. Molee
  710 F.2d 992· 3d Cir.· 1983-06-29 ·cited 4×
  An employee injured while moving cargo from a ship's stringpiece to an adjacent storage area is engaged in maritime employment under the LHWCA, regardless of the employer's corporate structure or agency relationship with consignees.
• Weldon v. The Celotex Corp.
  695 F.2d 67· 3d Cir.· 1982-12-14 ·cited 4×
  The Pennsylvania Occupational Disease Act provides the exclusive remedy for asbestosis claims arising from employment, barring common law actions even for post-employment failure to warn.
• Rice v. Clenis Wilcox and Bill Davis
  630 F.2d 586· 8th Cir.· 1980-08-27 ·cited 4×
  The court held that the Secretary of Agriculture has jurisdiction under the Packers and Stockyards Act to address unjust practices in livestock marketing, not limited to stockyard services, and that the nonpayment for cattle, following a pattern of honoring drafts, constituted su
• United States v. Elledge
  614 F.2d 247· 10th Cir.· 1980-01-21 ·cited 4×
  An enterprise providing custodial and educational services for preschool-aged children is considered a preschool under the Fair Labor Standards Act, regardless of state law definitions or primary emphasis on custody.
• Summer v. Victor Chem. Works
  298 F.2d 66· 9th Cir.· 1961-11-30 ·cited 4×
  The court held that exposure to phosphorus fumes, as alleged, constitutes an occupational disease under Montana law, and the employer's failure to elect coverage under the Occupational Disease Act preserves the employee's common law right of action.
• United States v. Gen. Motors Acceptance Corp.
  296 F.2d 246· 5th Cir.· 1961-11-29 ·cited 4×
  The court held that an arrest, indictment, and subsequent dismissal or nolle prosequi, without more, does not constitute a "record or reputation" for violating liquor laws under the forfeiture remission statute.
• Kendrick Wyly v. Felder
  384 So. 3d 260· Fla. 4th DCA· 2024-12-26 ·cited 3×
  The trial court's judgment was affirmed based on proper application of Florida's declaratory judgment statute and standing doctrine.
• Lenard M. Hughes v. Variety Child's. Hosp.
  710 So. 2d 683· Fla. 3d DCA· 1998-04-29 ·cited 3×
  Dr. Lenard Hughes, a licensed physician with 16 years of experience, was denied unemployment benefits by the Unemployment Appeals Commission on the theory that his position as a fellow in pediatric surgery constituted excluded "intern" work under Florida law. The court reversed,
• Putnam Cnty. Env't Council, Inc. v. Bd. OF Cnty. Comm'rs OF Putnam Cnty.
  757 So. 2d 590· Fla. 5th DCA· 2000-05-12 ·cited 2×
  The Putnam County Environmental Council challenged a county board's approval of a special exception for a middle school construction, claiming it violated the comprehensive plan. The trial court dismissed for lack of standing, but the appellate court reversed, holding that the en
• Bradford M. Yanda v. AETNA Life Ins. Co. & Affiliated Cos.
  658 So. 2d 1218· Fla. 3d DCA· 1995-08-16 ·cited 2×
• United States For The Use & Benefit of Cobb-Strecker-Dunphy & Zimmerman, Inc. v. M.A. Mortenson Co.
  894 F.2d 311· 8th Cir.· 1990-01-23 ·cited 2×
  Workers' compensation and general liability insurance premiums do not constitute 'labor or materials' under the Miller Act, and therefore are not recoverable from a general contractor or surety on a payment bond.
• Robinson v. Adams
  830 F.2d 128· 9th Cir.· 1987-10-13 ·cited 2×
  The court held that a plaintiff must prove intentional discrimination, which requires the employer to know the applicant's race, and that general population statistics are insufficient to establish a prima facie case of disparate impact.
• Sandra Fashions, Inc. v. Doyle
  389 So. 2d 1234· Fla. 5th DCA· 1980-11-12 ·cited 2×
  Sandra Fashions appealed the Board of Review's decision awarding unemployment compensation to employee Gladys Doyle, who declined a one-day work assignment due to a personal hair appointment. The court held that an employee's unavailability for work must be evaluated under state
• United States v. Mo. Pac. R.R. Co. & the Tex. & Pac. Ry. Co.
  553 F.2d 1156· 8th Cir.· 1977-04-20 ·cited 2×
  The court held that the Federal Railway Administration (FRA) could require a railroad to provide crew members for its test cars and assume liability for their negligence during track inspections, and that formal rule-making was not required for this practice.
• Soby v. Johnson
  270 F.2d 193· 9th Cir.· 1959-09-08 ·cited 2×
  The court held that the District Court for the Territory of Alaska had jurisdiction under the Miller Act and that the award of damages and prejudgment interest was supported by substantial evidence.
• United States v. Clifford F. MacEVOY Co.
  137 F.2d 565· 3d Cir.· 1943-08-13 ·cited 2×
  The Miller Act's payment bond protects suppliers of materials to a materialman, even without a direct contractual relationship with the prime contractor.
• Domino's Pizza v. Wiederhold
  248 So. 3d 212· Fla. 5th DCA· 2018-05-07 ·cited 1×
  A surviving spouse under Florida's Wrongful Death Act need not have been married to the decedent at the time of injury; survivorship is determined as of the date of death. A franchisor may be held vicariously liable for a franchisee's employee's tortious acts based on control of
• United States v. Sutton
  642 F.2d 1001· 6th Cir.· 1980-12-03 ·cited 1×
  The dissenting opinion argues that the government failed to prove the existence of the RICO enterprise as alleged in the indictment, which described a multi-purpose unlawful business enterprise. Instead, the evidence only supported a narcotics distribution conspiracy. The dissent
• Rollas v. Dep't of Bus. & Prof'l Reg.
  243 So. 3d 474· Fla. 5th DCA· 2018-02-02
  John Rollas appeals the Florida Real Estate Commission's denial of his claim against the Florida Real Estate Recovery Fund after a trial court found that a licensed real estate broker, Peter Voigt, had converted rental proceeds and security deposits belonging to Rollas through a
• Glass v. Captain Katanna's, Inc.
  77 F. Supp. 826· M.D. Fla.· 2013-06-17
  Pregnancy discrimination claims are cognizable under the Florida Civil Rights Act (FCRA).
• City OF Tampa v. Hines
  596 So. 2d 160· Fla. 2d DCA· 1992-03-25
  A writ of garnishment may be enforced against a municipality to collect attorney's fees awarded in a dissolution of marriage action under section 61.12, Florida Statutes.
• Wiley v. Consolidation Coal Co.
  915 F.2d 1076· 6th Cir.· 1990-10-10
  The court held that Part 718 standards apply to pulmonary function tests performed after March 31, 1980, and that studies cannot be invalidated by criteria outside the applicable regulations at the invocation stage.
• United States v. Fid. & Deposit Co. OF Md.
  895 F.2d 546· 9th Cir.· 1990-01-31
  The court held that supplies are material if reasonably expected to be consumed in the bonded projects as a group, not on a contract-by-contract basis.
• Kowalchick v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  893 F.2d 615· 3d Cir.· 1990-01-12
  The court held that the claimant had met the burden to invoke the interim presumption of disability under the Black Lung Benefits Act, and that the presumption could not be rebutted by the evidence presented.
• Owens v. Royce V. Jackson, M.D.
  493 So. 2d 507· Fla. 1st DCA· 1986-08-20
  Adult children who are full-time students and wholly or partly dependent on the decedent for support or services qualify as "survivors" under the Wrongful Death Act, even if not "minor children" under a strict statutory definition.
• United States v. Penn Cent. Transp. Co.
  616 F.2d 951· 6th Cir.· 1980-03-03
  Time spent by an employee traveling from their residence to a duty assignment by their own means, when not reporting to a normal duty station first, constitutes 'deadhead transportation' and is counted as 'time on duty' under the Hours of Service Act.
• Marshall v. Canada DRY Bottling Co. OF Nashville, Inc.
  593 F.2d 712· 6th Cir.· 1979-02-07
  The court held that the district court's finding of voluntary resignation was not clearly erroneous, and therefore the employer did not violate the Fair Labor Standards Act's discriminatory discharge provisions.
• Zenaida Y. Rodriguez v. Fla. Dep't OF Commerce
  328 So. 2d 24· Fla. 3d DCA· 1976-02-17
  The court reviewed an order denying unemployment benefits to a claimant who voluntarily left a part-time job while continuing full-time employment. The court found the denial was an improper application of the law, as the statute's re-employment requirement was not intended for i
• King v. Glens Falls Indem. Co.
  124 F.2d 942· 5th Cir.· 1942-01-13
  The dissenting judge believes the lower court's judgment should be affirmed, disagreeing with the majority's interpretation of the statute.