Plain Meaning Rule

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

• United States v. Brackeen
  969 F.2d 827· 9th Cir.· 1992-07-15 ·cited 2×
  Bank robbery is not per se a crime involving "dishonesty or false statement" under Federal Rule of Evidence 609(a)(2).
• Page v. Pension Benefit Guar. Corp.
  968 F.2d 1310· D.C. Cir.· 1992-07-10 ·cited 2×
  The court held that the Pension Benefit Guaranty Corporation (PBGC) erred in interpreting ERISA § 4022(a) to deny benefits based on plan terms that were unlawful under Title I of ERISA.
• Desvi, Inc. v. Cont'l Ins. Co.
  968 F.2d 307· 3d Cir.· 1992-06-12 ·cited 2×
  The court held that the Virgin Islands statute requiring interest on insurance claims applies only when a judgment is entered, not to settled claims.
• In re the Receivership of Int'l Med. Ctrs., Inc. v. State Mut. Life Assurance Co. OF Am. In re the Receiverships of Sunshine Health Plan, Inc.
  604 So. 2d 505· Fla. 1st DCA· 1992-06-11 ·cited 2×
  In four consolidated cases arising from the insolvency of three Florida HMOs, the court interpreted the term "unaffiliated provider" in reinsurance insolvency endorsements to mean providers without any contract with the HMO, not merely providers without "affiliated provider contr
• State v. Smith
  601 So. 2d 263· Fla. 1st DCA· 1992-06-02 ·cited 2×
  Florida appealed a trial court's judgment of acquittal on the firearm possession enhancement to drug trafficking charges, arguing the evidence was legally sufficient to support the jury's guilty verdict on that element. The First District Court of Appeal reversed, holding that 'p
• Omnibank Parker Rd., N.A. v. Emp'rs Ins. OF Wausau
  961 F.2d 1521· 10th Cir.· 1992-04-21 ·cited 2×
  The court held that the loss sustained by the plaintiff was excluded from coverage under the Bankers Special Bond because it resulted from nonpayment of credit card sales drafts, which were considered evidence of debt and were discounted by the plaintiff.
• Newman v. Love
  962 F.2d 1008· Fed. Cir.· 1992-04-15 ·cited 2×
  A subsequent court order dividing property is not a 'modification' of a prior divorce decree under 5 U.S.C. § 8341(h)(4) if the divorce decree expressly reserved property matters for later resolution.
• Carroll v. Wolpoff & Abramson
  961 F.2d 459· 4th Cir.· 1992-03-30 ·cited 2×
  A debt collector's follow-up collection letter must comply with the Fair Debt Collection Practices Act's disclosure requirements, even if an initial letter did.
• First Nat'l Bank OF Council Bluffs v. Off. OF the Comptroller OF the Currency
  956 F.2d 1456· 8th Cir.· 1992-02-19 ·cited 2×
  The court held that the Comptroller correctly determined the Bank violated TILA by failing to disclose a composite annual percentage rate, but erred in setting the reimbursement period for that violation and in ordering reimbursement for mortgage insurance nondisclosures.
• Connors v. Tanoma Mining Co., Inc.
  953 F.2d 682· D.C. Cir.· 1992-01-28 ·cited 2×
  The court held that issue preclusion was not appropriate because the prior decision's basis was unclear, and thus it could not be determined if the same issue was actually and necessarily decided.
• Cal. Union Ins. Co. v. Am. Diversified Sav. Bank
  948 F.2d 556· 9th Cir.· 1991-10-30 ·cited 2×
  The court held that the fidelity bond terminated automatically upon FSLIC's takeover and that FSLIC failed to present sufficient evidence of loss discovery prior to termination.
• Albert J. Petrulis, D.D.S. v. Commissioner OF Internal Revenue
  938 F.2d 78· 7th Cir.· 1991-07-24 ·cited 2×
  The timely-mailing-as-timely-filing provisions of 26 U.S.C. § 7502 apply only to documents delivered by the United States Postal Service, not private delivery services.
• Hercules Inc. v. United States Env't Prot. Agency
  938 F.2d 276· D.C. Cir.· 1991-07-12 ·cited 2×
  The court held that the EPA's interpretation of CERCLA section 120(h) to apply notice requirements only to contamination occurring during federal ownership contradicts the statute's plain language, which extends to all owned property regardless of when contamination occurred.
• Bldg. & Constr. Trades Dep't, Afl-Cio v. United States Dep't OF Labor Wage Appeals Bd.
  932 F.2d 985· D.C. Cir.· 1991-05-17 ·cited 2×
  The court held that the Davis-Bacon Act's requirement to pay prevailing wages applies only to mechanics and laborers employed directly on the physical site of the work, and not to off-site material delivery truckdrivers, even if employed by the government contractor.
• Adams v. Dole
  927 F.2d 771· 4th Cir.· 1991-03-05 ·cited 2×
  The court held that the whistle-blower provision of the Energy Reorganization Act (ERA) § 210 does not apply to employees of Department of Energy (DOE) contractors, but only to employees of Nuclear Regulatory Commission (NRC) licensees and their contractors.
• First S. Prod. Credit Ass'n v. The Farm Credit Admin.
  926 F.2d 339· 4th Cir.· 1991-02-19 ·cited 2×
  The court held that the Agricultural Credit Act of 1987 does not permit the Farm Credit Administration to require the merger of the Farm Credit Bank of Texas with the Federal Intermediate Credit Bank of Jackson, as the statute's plain language mandates mergers only between specif
• Craft Mach. Works, Inc. v. The United States
  926 F.2d 1110· Fed. Cir.· 1991-02-13 ·cited 2×
  The court held that the phrase "supplies to be furnished under this contract" in the Cargo Preference Clause refers only to complete end items, not component parts, based on the contract's plain language and the agency's long-standing interpretation.
• Lindley v. DePriest
  755 F. Supp. 1020· S.D. Fla.· 1991-01-28 ·cited 2×
  The thirty-day period for removal begins upon the defendant's receipt of the initial pleading, regardless of whether service of process was proper.
• Ernzen v. United States
  922 F.2d 1433· 9th Cir.· 1991-01-11 ·cited 2×
  Taxes paid by retirees on Tier II railroad retirement benefits are income taxes and do not qualify as 'contributions' that can be excluded from income under the Tax Code.
• McMILLAN v. State Mut. Life Assurance Co. of Am. Appeal of Trans World Airlines, Inc.
  922 F.2d 1073· 3d Cir.· 1990-12-28 ·cited 2×
  The court held that the employee was not acting within the scope of her employer's business when injured.
• Dunn v. Sec'y OF the United States Dep't OF Agric.
  921 F.2d 365· 1st Cir.· 1990-12-19 ·cited 2×
  The court held that the Secretary of Agriculture's set-off regulations, allowing erroneous underissuances to be offset against unreimbursed overissuances, are a permissible interpretation of the Food Stamp Act and are not inconsistent with 7 U.S.C. § 2020(e)(ll).
• Payne v. Fed. Land Bank OF Columbia
  916 F.2d 179· 4th Cir.· 1990-10-16 ·cited 2×
  The court held that the bank failed to comply with the Agricultural Credit Act's requirement to offer the farmer a right of first refusal before selling his foreclosed property at public auction.
• Thriftway Co. v. U.S. Dep't OF Energy
  920 F.2d 23· Temp. Emer. Ct. App.· 1990-09-26 ·cited 2×
  The court affirmed the district court's decision, upholding the Department of Energy's Remedial Order that directed Thriftway to repay illegally acquired small refiner bias entitlements.
• Hudson Ins. Co. v. Gelman Sciences
  921 F.2d 92· 7th Cir.· 1990-09-18 ·cited 2×
  An excess umbrella liability insurer is not obligated to 'drop down' and cover losses from an insolvent underlying insurer unless the contract language clearly and unambiguously creates such an obligation.
• Rollins v. Metro. Life Ins. Co. & Nancy J. Rollins
  912 F.2d 911· 7th Cir.· 1990-09-04 ·cited 2×
  The court held that while a constructive trust was properly imposed on federal life insurance benefits to protect the children's equitable rights, the amount recoverable was limited to $10,000, representing the value of a specific policy the father was obligated to maintain under
• Bianchi v. Bellingham Police Dep't
  909 F.2d 1316· 9th Cir.· 1990-07-26 ·cited 2×
  The court held that actual, uninterrupted incarceration is the touchstone for determining disability by incarceration under Washington's tolling provision, allowing the statute of limitations to be tolled.
• Pottgieser v. Kizer
  906 F.2d 1319· 9th Cir.· 1990-06-25 ·cited 2×
  The court held that the state may not collect from an estate the cost of Medicaid insurance premiums paid on behalf of a decedent, as premiums are not included in the statutory definition of 'medical assistance'.
• United States v. Jones
  902 F.2d 1152· 4th Cir.· 1990-05-10 ·cited 2×
  The sentencing statute's plain language allows for a fine or imprisonment, or both, and the court is not bound by alleged legislative drafting errors.
• J.P. Francis & Assocs., Inc. v. United States
  902 F.2d 740· 9th Cir.· 1990-04-30 ·cited 2×
  The court held that 28 U.S.C. § 1491(a)(3) grants exclusive jurisdiction to the Claims Court for pre-award government contract claims, divesting district courts of such jurisdiction.
• Harper v. Am. Chambers Life Ins. Co.
  898 F.2d 1432· 9th Cir.· 1990-03-26 ·cited 2×
  The court held that the existence of an ERISA plan is a question of fact and that partners or their spouses can be ERISA beneficiaries, allowing them to sue under ERISA if the policy is deemed a plan.
• Newman v. Teigeler
  898 F.2d 1574· Fed. Cir.· 1990-02-28 ·cited 2×
  The court held that the plain meaning of the Spouse Equity Act, as amended, entitles a former spouse to a survivor annuity if she remarried before age 55, provided the remarriage occurred before September 14, 1978, and the agency's regulation to the contrary is unreasonable.
• In re The Recall OF Barney Koretsky
  557 So. 2d 24· Fla.· 1990-02-15 ·cited 2×
  The Florida Supreme Court held that section 100.361's recall provisions do not apply to municipalities that have not affirmatively adopted recall procedures. The case clarifies that despite legislative intent for uniform statewide recall procedures, the statute's explicit languag
• Scott v. Estalella
  563 So. 2d 701· Fla. 3d DCA· 1990-02-13 ·cited 2×
  Maxine Scott sued her employer under Florida Statute § 40.271 for wrongful discharge allegedly based on her federal jury service. The court affirmed dismissal of the complaint, holding that § 40.271 protects only state jury service, not federal jury service, as a matter of statut
• City OF Miami v. Fraternal Order OF Police
  559 So. 2d 627· Fla. 3d DCA· 1990-02-13 ·cited 2×
  The City of Miami appeals a summary judgment declaring that Section 185.34, Florida Statutes—which presumes certain health conditions of police officers are work-related—applies to workers' compensation claims under Chapter 440. The court reverses, holding that Section 185.34 app
• United States (Internal Revenue Service) v. Barbier
  896 F.2d 377· 9th Cir.· 1990-02-13 ·cited 2×
  A federal tax lien under 26 U.S.C. § 6321 can attach to property that is exempt from administrative levy under 26 U.S.C. § 6334(a).
• United States v. W. Elec. Co.
  894 F.2d 1387· D.C. Cir.· 1990-02-02 ·cited 2×
  The court held that the term 'manufacture' in the consent decree, in light of the parties' contemporaneous intent and the decree's purpose, encompasses not only fabrication but also the design and development of telecommunications products and software integral to such hardware.
• Grav v. The United States
  886 F.2d 1305· Fed. Cir.· 1989-10-04 ·cited 2×
  The statute establishing the milk diversion program is not money-mandating, and therefore the Claims Court lacks jurisdiction over claims arising from it.
• Appeal of United States (By the Attorney General). United States (By the Off. OF Indep. Counsel) v. Fernandez
  887 F.2d 465· 4th Cir.· 1989-09-29 ·cited 2×
  The court held that the independent counsel, not the Attorney General, has the sole authority to bring an interlocutory appeal under CIPA because the Ethics in Government Act transferred all prosecutorial functions, including the right to appeal, to the independent counsel.
• Indumati ROY v. Teachers Ins. & Annuity Ass'n & Coll. Ret. Equities Fund
  878 F.2d 47· 2d Cir.· 1989-06-14 ·cited 2×
  A retirement plan established by a governmental entity for its employees is exempt from ERISA coverage as a governmental plan, even if its maintenance is not solely by the government.
• United States Parole Comm'n v. Viveros
  874 F.2d 699· 9th Cir.· 1989-05-12 ·cited 2×
  The court held that a special parole term for a drug offense must be served after, and not concurrently with, a regular parole term for a different offense.
• In re The Recall of Barney Koretsky
  541 So. 2d 1362· Fla. 4th DCA· 1989-04-26 ·cited 2×
  The Fourth District Court of Appeal reversed an order scheduling a recall election for the Mayor of Pembroke Park, Florida, holding that section 100.361's recall provisions do not apply to municipalities that have not independently adopted recall provisions in their charters or o
• Charter Crude Oil Co. v. Exxon Co.
  103 B.R. 302· M.D. Fla.· 1989-04-20 ·cited 2×
  The court held that Exxon's objections to the bankruptcy court's report and recommendation were overruled, adopting the bankruptcy court's findings regarding setoff, prejudgment interest, contract interpretation, mitigation of damages, and allowance of claims.
• Mid-America Dairymen, Inc. v. Herrington
  878 F.2d 1448· Temp. Emer. Ct. App.· 1989-04-19 ·cited 2×
  The court held that the execution of a waiver and release by an affiliate, Roberts Dairy Company, in connection with a claim for crude oil refunds from an escrow fund, barred its parent company, Mid-America Dairymen, from pursuing its own refund claim under separate procedures, a
• United States v. Real Prop. & Residence at 31 N.W. 136th Court
  711 F. Supp. 1079· S.D. Fla.· 1989-04-18 ·cited 2×
  The court held that the entire real property is subject to forfeiture because it was used to facilitate a drug offense, and the claimant failed to rebut the government's showing of probable cause.
• Consol. Edison Co. OF NEW York, Inc. v. United States Dep't OF Energy
  870 F.2d 694· D.C. Cir.· 1989-03-17 ·cited 2×
  The court held that the Department of Energy's rule assessing a fee on 'net kilowatt hours generated' violates the Nuclear Waste Policy Act because the Act requires the fee to be based only on electricity that is both generated and actually sold.
• Reliable Springs Co. v. ST. Paul Fire & Marine Ins. Co.
  869 F.2d 993· 6th Cir.· 1989-03-16 ·cited 2×
  The court held that the insurance policy's exclusion for discrimination and unfair employment practices barred coverage for the former employee's claims, including those for emotional distress, thus relieving the insurer of its duty to defend.
• Nat'l Patent Dev. Corp. v. T.J. Smith & Nephew
  865 F.2d 353· D.C. Cir.· 1989-01-13 ·cited 2×
  The court held that 35 U.S.C. § 293, as written, should be interpreted to allow suits concerning patent ownership, and that prior precedent Neidhart v. Neidhart S.A. was wrongly decided.
• Shriners Hosps. FOR Crippled Child. v. The United States
  862 F.2d 1561· Fed. Cir.· 1988-12-13 ·cited 2×
  The court held that interest paid on a tax deficiency later expunged by retroactive statutory reformation should be refunded to the taxpayer.
• Tam-Bay Realty, Inc. v. Ross
  534 So. 2d 1200· Fla. 2d DCA· 1988-11-16 ·cited 2×
  Tam-Bay Realty and Doris Killian appealed a trial court's summary judgment finding they breached a covenant not to compete by advertising and conducting real estate business in Pinellas County. The appellate court reversed, holding that the covenant's plain language prohibited on
• United States v. Napier
  861 F.2d 547· 9th Cir.· 1988-11-08 ·cited 2×
  A conviction under 18 U.S.C. § 213 requires proof that the bank examiner accepted a loan from a bank that the examiner had actually examined.