Plain Meaning Rule

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

• Lavurne Unruh v. Rushville State Bank OF Rushville
  987 F.2d 1506· 10th Cir.· 1993-03-05
  The court held that sole proprietors retain cognizable 'interests' in their bankruptcy estates and that retaining control and rights to future profits constitutes retaining 'property' under 11 U.S.C. § 1129(b)(2)(B)(ii), thus barring confirmation of their reorganization plans whe
• State Farm Fire & Cas. Co. v. Pinson
  984 F.2d 610· 4th Cir.· 1993-01-22
  A boatowner's liability insurance policy covers injuries caused by a collision involving a boat being towed, as the boat is considered in 'use' and its use causally contributed to the injuries.
• Baum v. Edward R. Madigan (91-3913)
  979 F.2d 438· 6th Cir.· 1992-11-16
  Utility reimbursements paid directly to households constitute income for food stamp benefit calculations under the plain language of the Food Stamp Act, 7 U.S.C. § 2014(d)(1).
• In re Burton D. Morgan
  990 F.2d 1230· Fed. Cir.· 1992-10-29
  The court held that the Commissioner of Patents and Trademarks lacks authority to reissue a patent once its term has expired, rendering the appeal moot.
• Fedway Assocs., Inc. v. United States Treasury
  976 F.2d 1416· D.C. Cir.· 1992-10-23
  The court held that the Federal Alcohol Administration Act's "exclusion" requirement does not prohibit a wholesaler's promotion merely because it leads retailers to purchase less of a rival product; "exclusion" requires a showing of threatened retailer independence through a tie
• RAY Indus., Inc. v. Liberty Mut. Ins. Co.
  974 F.2d 754· 6th Cir.· 1992-09-10
  The court held that a PRP letter from the EPA does not constitute a 'suit' under the insurance policy, and therefore does not trigger the insurer's duty to defend.
• Central States v. Cullum Cos., Inc.
  973 F.2d 1333· 7th Cir.· 1992-09-01
  The court held that the purchaser's contractual obligation to contribute to the pension plan at the time of sale satisfies the "sale of assets" exemption under ERISA, regardless of subsequent actual contributions.
• Bailey v. City OF Lawrence
  972 F.2d 1447· 7th Cir.· 1992-08-20
  Under Indiana law, a person reaches a given age on their birthday, not the day before. Therefore, Bailey was not ineligible for appointment when appointed the day before his thirty-sixth birthday.
• Spokane Indian Tribe v. United States
  972 F.2d 1090· 9th Cir.· 1992-08-12
  The court held that Pick Six is not a Class II gaming device under the Indian Gaming Regulatory Act because it is an electronic facsimile of a game of chance and the legislative history shows Congress did not intend to include lotteries within the definition of 'lotto'.
• Frey v. Gangwish
  970 F.2d 1516· 6th Cir.· 1992-07-21
  The dissenting judge would hold that the debt collector's post-judgment letter did not violate the FDCPA's validation notice or disclosure requirements, and that the case should not have been brought due to lack of damages.
• Brigham Young Univ. v. Lumbermens Mut. Cas. Co.
  965 F.2d 830· 10th Cir.· 1992-05-22
  The court held that General Agreement C, not Section 10, governs the extent of coverage for losses discovered during the current policy period but occurring before its effective date, and that recovery costs exceeding the value of recovered art are not reimbursable under Rider No
• Hinkleman v. Shell OIL Co.
  962 F.2d 372· 4th Cir.· 1992-05-06
  The court held that a service station can constitute a "service or facility" under Maryland law, and allegations that it was furnished on unequal terms state a cause of action.
• Bryant v. State of Fla. Bd. OF Regents
  596 So. 2d 1233· Fla. 1st DCA· 1992-04-10
  James Bryant, Jr. appeals summary judgment upholding his termination as an Instructor. The court reverses, finding that the employment contract clearly entitled Bryant to five years of employment as an Instructor regardless of whether he pursued a doctorate degree during that per
• Derrek Crump v. State Farm Mut. Auto. Ins. Co.
  961 F.2d 725· 8th Cir.· 1992-04-08
  The court held that Derrek Crump was covered as a 'relative' under his mother's insurance policy because he was an unmarried, unemancipated child attending school away from home, even if the school was local.
• Imwa Equities IX Co. v. WBC Assocs. Ltd. P'ship
  961 F.2d 480· 4th Cir.· 1992-04-08
  A partner may sue co-partners for breach of an express indemnity covenant in the partnership agreement before dissolution and final accounting, and individual partners can be held liable if the agreement language supports it.
• Covill v. United States
  959 F.2d 58· 6th Cir.· 1992-03-17
  The court held that 10 U.S.C. § 1371 is unambiguous and allows the Secretary to consider a warrant officer's entire service record in a higher temporary grade to determine retirement rank, not just the first 30 days. The court also held that the plaintiff's due process rights wer
• Marascalco v. Fantasy, Inc.
  953 F.2d 469· 9th Cir.· 1991-12-30
  The plain language of 17 U.S.C. § 304(a) indicates that copyright renewal rights vest upon the filing of an application for renewal, not upon survival until the renewal term begins.
• Eliawira Ndosi and Barbara Ndosi v. State OF Minn.
  950 F.2d 1376· 8th Cir.· 1991-12-17
  The court held that a corporate officer's personal liability for the corporation's unpaid unemployment insurance contributions is dischargeable in bankruptcy under 11 U.S.C. § 523(a)(1)(A) because the debt did not arise from wages 'earned from the debtor.'
• Mirax Chem. Prods. Corp. v. First Interstate Commercial Corp.
  950 F.2d 566· 8th Cir.· 1991-12-06
  A loan agreement provision allowing termination at will, even with specified events of default, is not ambiguous and does not preclude the lender from exercising that right. Actions specifically authorized by the agreement cannot constitute a breach of the duty of good faith.
• Farrel Corp. v. United States Int'l Trade Comm'n
  949 F.2d 1147· Fed. Cir.· 1991-11-22
  The U.S. Court of Appeals for the Federal Circuit held that the U.S. International Trade Commission (ITC) improperly terminated an investigation under 19 U.S.C. § 1337 based on a private arbitration agreement, as the statute only permits termination under specific circumstances n
• Barmore Duncan v. The United States
  949 F.2d 1134· Fed. Cir.· 1991-11-13
  The court held that the term "commissioned officer" in 10 U.S.C. § 3911 does not include warrant officers, and therefore Appellants were not entitled to retire in a higher commissioned grade.
• Gerrish Corp. v. Universal Underwriters Ins. Co.
  947 F.2d 1023· 2d Cir.· 1991-10-30
  An insurance policy amended by an industry organization acting as the insurer's agent covers environmental response costs as 'damages' and is not barred by the 'owned property' exclusion when pollution migrates off-premises.
• Santa Rosa Cnty. Bd. OF Cnty. Comm'rs & Travelers Ins. Co. v. Stephens
  585 So. 2d 1067· Fla. 1st DCA· 1991-09-06
  The court held that the carrier at risk during the claimant's last injurious exposure to an occupational disease is solely liable for all benefits, not a prior carrier.
• Public Citizen v. Farm Credit Admin.
  938 F.2d 290· D.C. Cir.· 1991-07-12
  Examination reports on a non-depository institution are exempt from disclosure under FOIA exemption 8, even if the agency preparing the reports does not regulate or supervise that institution.
• Jones v. Mark III Indus., Inc.
  589 So. 2d 308· Fla. 1st DCA· 1991-07-12
  A worker injured his left ring and middle fingers in a workplace accident. The employer paid amputation benefits for the ring finger but denied benefits for the reattached middle finger. The court reversed, holding that Section 440.15(3)(a) entitles an injured worker to amputatio
• Avery Dev. Corp. v. Harlan J. Bast, II
  582 So. 2d 150· Fla. 4th DCA· 1991-07-10
  Avery Development Corp. appealed the trial court's order enforcing a settlement agreement requiring the appellees to obtain a mortgage commitment 'identical in substance' to a prior commitment with 'no other contingencies.' The court reversed, holding that the substitute commitme
• ST. Paul Fire & Marine Ins. Co. v. Lewis
  935 F.2d 1428· 3d Cir.· 1991-06-27
  The court held that the phrase "living with" in an insurance policy unambiguously requires regular, personal contact with the insured's home, and that storing possessions or using an address does not satisfy this requirement.
• Lucas v. Innocenzo Natoli
  936 F.2d 432· 9th Cir.· 1991-06-17
  The court held that the 120-day service requirement of Fed.R.Civ.P. 4(j) does not apply to service made in a foreign country.
• United States v. LeCOE
  936 F.2d 398· 9th Cir.· 1991-06-06
  The dissenting judge holds that 18 U.S.C. § 510(c) is unambiguous and does not violate due process or double jeopardy clauses.
• United States Scaffold & Ladder Ass'n v. Scaffolds OF Fla., Inc.
  578 So. 2d 759· Fla. 3d DCA· 1991-04-02
• The Henhill Corp. v. State
  578 So. 2d 335· Fla. 3d DCA· 1991-04-02
  The Henhill Corporation appeals a summary judgment favoring the State in a RICO forfeiture action. The court reversed, holding that the State lost its lien priority by failing to file a required section 895.07 RICO lien notice within 90 days of filing its initial section 895.05(1
• First Nat'l Bank OF Bethany v. Am. Gen. Fire & Cas. Co.
  927 F.2d 1126· 10th Cir.· 1991-03-12
  An insurance settlement for destroyed collateral becomes proceeds subject to a perfected security interest when it becomes payable, not when the debtor actually receives the funds.
• Cumberland Reclamation Co. v. Sec'y, United States Dep't OF the Interior
  925 F.2d 164· 6th Cir.· 1991-02-12
  The dissenting judge would hold that 'surface coal mining operations' under the Surface Mining Control Act does not include dredging from the surface of water.
• Boettger v. Bowen
  923 F.2d 1183· 6th Cir.· 1991-01-17
  The court held that the federal regulation and Michigan's policy allowing sanctions for termination of self-obtained employment are consistent with the authorizing statute, 42 U.S.C. § 602(a)(19)(F).
• United States v. 313.34 Acres OF Land
  923 F.2d 698· 9th Cir.· 1991-01-15
  The court held that the statutory phrase 'structures, suitable for use as a personal residence' does not inherently require a building permit for a life use reservation.
• Sea-Land Serv., Inc. v. The United States
  920 F.2d 922· Fed. Cir.· 1990-11-30
  The court held that the imported refrigerated containers were properly classified as refrigerating equipment under TSUS item 661.35, not as duty-free freight containers under item 910.80.
• COX & Palmer Constr. Corp. v. Michael A Shiff & Assocs.
  568 So. 2d 1329· Fla. 4th DCA· 1990-10-31
  Cox & Palmer Construction Corporation appealed an adverse summary judgment in a negligence action against Michael A. Shiff & Associates (an architectural firm). The trial court had granted summary judgment based on a general release Cox executed with the City of Sunrise in settle
• Metro. Dade Cnty. v. Dep't of Hwy. Safety & Motor Vehicles
  570 So. 2d 1021· Fla. 1st DCA· 1990-10-31
  Metropolitan Dade County challenged the Department of Highway Safety and Motor Vehicles' interpretation of Florida's handicapped parking statute, arguing the Department's narrow reading of "commercial real estate property" was inconsistent with legislative intent. The court affir
• Boatwright v. State
  566 So. 2d 75· Fla. 1st DCA· 1990-09-04
  The court held that exchanging marijuana for cocaine constitutes a "purchase" under the statute, even without money changing hands.
• Magnuson v. Baker
  911 F.2d 330· 9th Cir.· 1990-08-15
  The court held that 22 U.S.C. § 2705 limits the Secretary of State's power to revoke a passport, requiring an opportunity to be heard and exceptional grounds for revocation, similar to the revocation of naturalization certificates.
• United States v. Buker
  902 F.2d 769· 9th Cir.· 1990-05-08
  A district court is not compelled to sentence a defendant to treatment in lieu of imprisonment, even if the defendant suffers from a mental defect or disease.
• AIR Transp. Ass'n OF Am. v. Lenkin
  899 F.2d 1265· D.C. Cir.· 1990-04-13
  The court held that the lease's escalation clause was ambiguous and that extrinsic evidence, including a Letter of Intent and the parties' performance history, supported the interpretation that additional rent was based on increases over the initial base year.
• Shoney's, Inc. v. Schoenbaum
  894 F.2d 92· 4th Cir.· 1990-01-16
  The court held that the contract language and existence of separate service marks demonstrate the parties intended to grant rights only for restaurant operations, not motel operations.
• Edmond Levy v. Nat'l Union Fire Ins. Co. OF Pittsburgh
  889 F.2d 433· 2d Cir.· 1989-11-09
  The court held that the directors' and officers' insurance policy exclusion for claims brought by the company applied, thus denying coverage for defense costs in the underlying lawsuit.
• Laurel Huberman v. Perales
  884 F.2d 62· 2d Cir.· 1989-08-23
  The Court held that statutorily mandated changes in food stamp benefits become effective on the date of enactment of the Act, not the date regulations are issued.
• Jamie Sec. Co. v. THE Ltd., Inc.
  880 F.2d 1572· 2d Cir.· 1989-07-27
• Martin v. Ocean Reef Villas Ass'n, Inc.
  547 So. 2d 1237· Fla. 5th DCA· 1989-07-06
  Unit owners in Ocean Reef Villas Condominium sought a declaratory judgment to prevent the management association from refinancing a mortgage on Unit 101 (the manager's apartment) without owner consent. The trial court granted summary judgment for the association, and the appellat
• Parker v. Parker
  543 So. 2d 1298· Fla. 1st DCA· 1989-05-25
  In this family law appeal, the First District Court of Appeal reversed a summary judgment that had denied Donna Parker's request to modify a separation agreement, finding the trial court misinterpreted a no-oral-modification clause to require written consent before any modificati
• Sandberg v. White Labs., Inc.
  871 F.2d 3· 2d Cir.· 1989-03-13
  The court held that New York's toxic tort revival statute, which specifically lists DES but not DEN, does not apply to injuries caused by DEN, even if the drugs are chemically similar.
• Pitts v. BAY Cnty. Sch. Bd.
  540 So. 2d 157· Fla. 1st DCA· 1989-03-10
  A retired teacher sought terminal pay for accumulated sick leave under her school board's retirement policy. The court reversed summary judgment against her, holding that the policy's plain language does not require ten years of employment in Bay County—only that the employee ret