Plain Meaning Rule

2,378 Florida cases classified under this topic · sorted by citation count

• Fisons PLC v. Quigg
  876 F.2d 99· Fed. Cir.· 1989-05-16 ·cited 4×
  The court held that the term 'product' in the patent term extension statute refers to the active ingredient, not the specific drug product formulation.
• United States v. Atkins
  872 F.2d 94· 4th Cir.· 1989-04-11 ·cited 4×
  A conviction in a foreign court qualifies as a conviction 'by any court' under 18 U.S.C. § 922(g).
• Crowley Caribbean Transp., Inc. v. United States
  865 F.2d 1281· D.C. Cir.· 1989-01-24 ·cited 4×
  The court held that the broad exemption in the Foreign Assistance Act for disaster relief shipments completely exempts those shipments from the Cargo Preference Act.
• Marge Metzer v. Lyng
  864 F.2d 75· 8th Cir.· 1988-12-20 ·cited 4×
  The Food Security Act of 1985, specifically the amendment excluding lender-retained student loan fees from income, became effective immediately upon enactment, entitling recipients to retroactive benefits.
• The Neptune Mut. Ass'n v. The United States
  862 F.2d 1546· Fed. Cir.· 1988-11-30 ·cited 4×
  The court held that 26 U.S.C. § 4371 applies to Neptune's insurance policies, and Neptune does not meet the exemption criteria under 26 U.S.C. § 4373(1). The statute of limitations issue requires further factual determination.
• Kingsley v. Dep't of Ins. & Treas.
  535 So. 2d 604· Fla. 2d DCA· 1988-11-16 ·cited 4×
  The court held that the Department of Insurance erred in terminating supplemental compensation benefits based on an interpretation of intent when the rule's plain language dictated continued eligibility.
• Refined Sugars Inc. v. S. Commodity Corp.
  709 F. Supp. 1117· S.D. Fla.· 1988-10-28 ·cited 4×
  Offensive collateral estoppel, based on a guilty plea to criminal charges, precludes relitigation of fraud and civil theft issues in a subsequent civil case.
• MacDONALD v. PAN Am. World Airways, Inc.
  859 F.2d 742· 9th Cir.· 1988-10-14 ·cited 4×
  The court held that the Administrative Committee could substitute a single valuation date for quarterly dates, interpreting 'and' as 'or'.
• Gov't Emps. Ins. Co. v. Benton
  859 F.2d 1147· 3d Cir.· 1988-10-12 ·cited 4×
  The court held that the policy was 'issued' after the statutory effective date because the policy document itself was not created until after that date, despite earlier coverage under a binder.
• State OF Or. v. Bowen
  854 F.2d 346· 9th Cir.· 1988-08-18 ·cited 4×
  The court held that the Provider Reimbursement Review Board has jurisdiction to review a fiscal intermediary's refusal to reopen a Medicare reimbursement determination, and that judicial review of such decisions is available.
• Thurner Heat Treating Corp. v. Nat'l Labor Relations Bd.
  839 F.2d 1256· 7th Cir.· 1988-02-16 ·cited 4×
  Statements made by non-agency employees to agency investigators, even if recorded by the agency, are not 'intra-agency memorandums' exempt from disclosure under FOIA Exemption (b)(5) if they are the product of the non-employee's statements rather than the agency's internal delibe
• Mut. Fire v. Fla. Testing & Eng'g Co.
  511 So. 2d 360· Fla. 5th DCA· 1987-07-09 ·cited 4×
  The court held that policy language is clear and unambiguous, and extrinsic evidence should not have been admitted.
• AMP Inc. v. United States
  820 F.2d 612· 3d Cir.· 1987-06-04 ·cited 4×
  The court held that the plain language of 26 U.S.C. § 404(a)(1)(A)(iii) permits the amortization of the entire past service liability, not just the unfunded portion, for calculating an employer's tax deduction.
• Wright v. Millard B. Wright
  509 So. 2d 329· Fla. 3d DCA· 1987-05-19 ·cited 4×
  In a divorce alimony dispute, the Florida Third District Court of Appeal held en banc that a trial court properly denied alimony to a wife who had been married only eleven months and made no substantial contribution to the marriage. The court rejected the wife's argument that the
• Shea v. Cnty. OF Rockland
  810 F.2d 27· 2d Cir.· 1987-01-21 ·cited 4×
  Compensatory damages for non-economic loss, such as mental pain and suffering, cannot be recovered under 28 U.S.C. § 1875.
• Juster v. Montgomery Ward Dev. Corp.
  496 So. 2d 851· Fla. 2d DCA· 1986-09-24 ·cited 4×
  Martin Juster, who purchased Floriland's interest in a shopping mall, sued Montgomery Ward entities for underpayment of common area maintenance charges under a 1971 reciprocal operating agreement. The Florida appellate court reversed the trial court's judgment for Ward, holding t
• Ira S. Feldman and Susan B. Feldman v. Commissioner OF Internal Revenue
  791 F.2d 781· 9th Cir.· 1986-06-10 ·cited 4×
  The court held that the rental-use exception for a home office under 26 U.S.C. § 280A(c)(3) applies to bona fide rental agreements, even if the taxpayer could not meet the stricter requirements for a home office deduction under § 280A(c)(1).
• United States Fire Ins. Co. v. Ky. Truck Sales
  786 F.2d 736· 6th Cir.· 1986-03-27 ·cited 4×
  The court held that the insurance policy's exclusion for stunting activities applied, and therefore the insurer owed neither coverage nor a defense for the accident that occurred during the truck pull.
• United Food & Commercial Workers Union, Local 1119, AFL-CIO v. United Mkts., Inc.
  784 F.2d 1413· 9th Cir.· 1986-03-18 ·cited 4×
  The arbitrator's decision, which fashioned a flexible remedy for inadvertent contract violations, should be reinstated due to deference owed to arbitration.
• Gramaglia v. United States
  766 F.2d 88· 2d Cir.· 1985-06-26 ·cited 4×
  The court held that an alien who obtains an exemption from military service based on alienage, even under a treaty, is permanently ineligible for U.S. citizenship under 8 U.S.C. § 1426(a).
• Sallade v. Colonial Ins. Co. of Cal.
  465 So. 2d 1307· Fla. 1st DCA· 1985-03-14 ·cited 4×
  Appellants sought declaratory judgment that their personal injury protection (PIP) auto insurance policy must include uninsured motorist coverage under Florida's uninsured motorist statute. The court affirmed summary judgment for the insurer, holding that the uninsured motorist s
• Smith v. Auto Owners Ins. Co.
  462 So. 2d 599· Fla. 5th DCA· 1985-01-24 ·cited 4×
  The court reversed summary judgment for an insurance surety on a mobile home dealer bond, holding that the bond's coverage is not limited to sales at the specific location listed in the dealer's license certificate. The decision protects retail customers who purchased mobile home
• United States v. Roach
  745 F.2d 1252· 9th Cir.· 1984-10-23 ·cited 4×
• Squillacote v. United States
  739 F.2d 1208· 7th Cir.· 1984-07-13 ·cited 4×
  The court held that the FY 1979 salary limitation applied to SES members, but the FY 1980 limitation did not. The court reversed the district court's decision regarding FY 1980 and 1981.
• Dixon F. Miller v. Commissioner OF Internal Revenue
  733 F.2d 399· 6th Cir.· 1984-05-02 ·cited 4×
  A taxpayer's voluntary election not to file an insurance claim for a casualty loss does not preclude them from taking a casualty loss deduction under 26 U.S.C. § 165, as long as the loss was not actually compensated by insurance.
• Neb. Pub. Power Dist. v. 100.95 Acres OF Land IN Cnty. OF Thurston
  719 F.2d 956· 8th Cir.· 1983-10-28 ·cited 4×
  A public utility can condemn allotted Indian land under 25 U.S.C. § 357, as this statute was not impliedly repealed by the later Indian Right-of-Way Act of 1948. However, land in which an Indian tribe holds an interest cannot be condemned under § 357.
• Reid v. Life Ins. Co. OF N. Am., Inc.
  718 F.2d 677· 4th Cir.· 1983-10-12 ·cited 4×
  The court held that the policy term 'actual severance' is unambiguous and requires physical dismemberment, not functional loss of a limb due to surgery.
• Kent Ins. Co. v. Capitol Maint., Inc.
  433 So. 2d 1295· Fla. 1st DCA· 1983-06-30 ·cited 4×
  Kent Insurance Company sought a declaratory judgment regarding the proper interpretation of a $1,000 deductible clause in a liability policy issued to Capitol Maintenance, which was sued for paint damage to numerous vehicles. The court reversed in part the trial court's determina
• Bellefonte Ins. Co. v. Queen
  431 So. 2d 1039· Fla. 4th DCA· 1983-05-18 ·cited 4×
  Parents of a child killed by a school bus sought to sue the school board for negligent supervision at a crosswalk, claiming their earlier 'Special Release' only covered negligence in bus operation, not supervision. The trial court agreed, but the appellate court reversed, holding
• Ocean's Edge Dev. Corp. v. Town OF Juno Beach
  430 So. 2d 472· Fla. 4th DCA· 1983-02-16 ·cited 4×
  Ocean's Edge Development Corp. challenged a town's denial of a certificate of occupancy for a time-sharing condominium development, claiming the town retroactively applied a moratorium ordinance enacted after the developer had obtained permits and purchased the property. The appe
• Blair E. Hildebrand v. Commissioner OF Internal Revenue
  683 F.2d 57· 3d Cir.· 1982-06-22 ·cited 4×
  A taxpayer is precluded from deducting contributions to an Individual Retirement Account (IRA) if they were an active participant in an employer-sponsored pension plan at any point during the tax year, regardless of their status at year's end.
• United States Lines, Inc. v. Baldridge
  677 F.2d 940· D.C. Cir.· 1982-05-14 ·cited 4×
  The court held that Section 506 of the Merchant Marine Act applies to military time charters of CDS-built vessels, requiring repayment of construction-differential subsidies for domestic trade operations.
• SCM Corp. v. The United States
  675 F.2d 280· Ct. Cl.· 1982-03-24 ·cited 4×
  The court's interpretation of the contract is contrary to its plain language and the parties' intent.
• Ala. AIR Pollution Control Comm'n & the State of Ala. v. Republic Steel Corp.
  646 F.2d 210· 5th Cir.· 1981-05-29 ·cited 4×
  The court held that steel-making constitutes a single process under the Commission's regulations, but affirmed the trial court's decision not to impose sanctions due to the company's efforts to improve emissions control.
• Wash. Trollers Ass'n v. Kreps
  645 F.2d 684· 9th Cir.· 1981-05-18 ·cited 4×
  The court held that summary judgment was improper because material issues of fact remained regarding the accessibility of information used in the Fishery Management Plan.
• Copper Valley Mach. Works, Inc. v. Andrus
  653 F.2d 595· D.C. Cir.· 1981-04-23 ·cited 4×
  The court held that the Secretary relied on legally irrelevant grounds to deny the lease extension and remanded for the Secretary to decide explicitly whether winter-only drilling restrictions are 'suspensions' under § 209.
• Combined Commc'ns Corp. v. Seaboard Sur. Co.
  641 F.2d 743· 9th Cir.· 1981-04-06 ·cited 4×
  The court held that the term 'claim' in the insurance policy's deductible endorsement was not ambiguous and referred to each claim filed by a third party against the insured, not each broadcast.
• Buckeye Indus., Inc. v. Secretary of Labor
  587 F.2d 231· 5th Cir.· 1979-01-08 ·cited 4×
  The court should not entertain the Secretary's collateral estoppel objections because they were not raised before the Commission as required by statute.
• Baptist Mem'l Hosp. v. Beaty
  364 So. 2d 546· Fla. 1st DCA· 1978-11-22 ·cited 4×
  The filing of an answer by one defendant in a medical malpractice mediation claim tolls the statute of limitations for all named defendants, even if others do not answer.
• Artist L. McRAE v. State
  355 So. 2d 1252· Fla. 2d DCA· 1978-03-10 ·cited 4×
  A coperpetrator cannot be guilty of felony murder when the victim is killed by police officers, not by the coperpetrators.
• Verlo v. The Equitable Life Assurance Soc'y OF the United States
  562 F.2d 1034· 8th Cir.· 1977-08-02 ·cited 4×
  The court held that the phrase 'cessation of active work' in the insurance policy is unambiguous and refers to the last day the employee actively worked, not a later scheduled work date.
• United States v. Carrillo-Colmenero
  523 F.2d 1279· 5th Cir.· 1975-11-24 ·cited 4×
  The court held that 18 U.S.C. § 1546 applies to falsely personating another when applying for admission to the United States, regardless of whether an entry-type document was involved.
• Benno P. Ludwig v. Mass. Mut. Life Ins. Co.
  524 F.2d 376· 7th Cir.· 1975-10-17 ·cited 4×
  The court held that the decedent was not covered by the insurance policy because he was not 'in or upon' a public conveyance at the time of his death.
• United States v. Truelove
  527 F.2d 980· 4th Cir.· 1975-10-13 ·cited 4×
  A prior conviction for transporting untaxed marihuana is a prior conviction for purposes of sentencing enhancement under the Comprehensive Drug Abuse Prevention and Control Act of 1970.
• Tracy Leigh Dev. Corp. v. Gov't OF the Virgin Islands
  501 F.2d 439· 3d Cir.· 1974-06-25 ·cited 4×
  The dissenting judge held that Tracy Leigh was entitled to 'ownership' subsidies, not just construction subsidies, based on its establishment and ownership of the condominium business.
• In re the Arb. of the Typo-Publishers Outside Tape Fund. Thomas G. S. Christensen v. NEW York Times Co.
  478 F.2d 374· 2d Cir.· 1973-05-15 ·cited 4×
  The court should disregard the literal text of the statute and allow the parties to carry out their voluntary agreement.
• Johnson v. McDONALD
  269 So. 2d 682· Fla.· 1972-11-22 ·cited 4×
  The Florida Supreme Court upheld a trial court's interpretation of the state constitution allowing legislative subcommittees to exercise the same investigative and subpoena powers granted to standing and select committees. The decision resolved a constitutional question about whe
• Beckwith v. The Bd. OF Pub. Instruction OF Dade Cnty.
  261 So. 2d 504· Fla.· 1972-04-05 ·cited 4×
  The court held that the amended statute entitled teachers who had completed all requirements except the examination by June 30, 1967, to a continuing contract effective July 1, 1967.
• In re Parkwood v. Equitable Life Ins. Co.
  461 F.2d 158· D.C. Cir.· 1971-11-10 ·cited 4×
  The court held that the Loan Shark Act was not intended to cover these transactions and that Walker & Dunlop were exempt from its licensing requirements.
• The Hartford Steam Boiler Inspection & Ins. Co. v. Schwartzman Packing Co.
  423 F.2d 1170· 10th Cir.· 1970-04-06 ·cited 4×
  The court held that the trial court did not err in admitting parol evidence to interpret the insurance policy and in instructing the jury to construe ambiguous terms in favor of the insured.