Procedural Rights

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

• YIU Fong Cheung v. Immigr. & Naturalization Serv.
  418 F.2d 460· D.C. Cir.· 1969-03-20 ·cited 17×
  The court held that the deportation order must be vacated and the case remanded because the alien was not afforded the procedural safeguards required by regulations, including adequate notice and opportunity to consult counsel, even though he was deportable.
• Empire State Ins. Co. v. Chafetz
  302 F.2d 828· 5th Cir.· 1962-05-09 ·cited 17×
  The court held that the attorneys were entitled to a fee award for services rendered prior to their withdrawal, and that the relevant Florida statute was constitutional.
• Romine v. Fla. Birth Related Neurological Injury Comp. Ass'n
  842 So. 2d 148· Fla. 5th DCA· 2003-02-14 ·cited 16×
  The Romines appealed an administrative order denying NICA benefits to their daughter Loren, who suffered a birth-related neurological injury. The central issue was whether a 1998 statutory amendment barring NICA benefits to claimants who previously recovered in civil settlements
• Fountain v. The United States & Redev. Land Agency
  427 F.2d 759· Ct. Cl.· 1970-06-12 ·cited 16×
  Administrative decisions regarding eligibility for relocation assistance are final and not subject to judicial review.
• Fisher et ux. v. Home Indem. Co.
  198 F.2d 218· 5th Cir.· 1952-06-30 ·cited 16×
  A Louisiana statute allowing direct action against an insurer cannot constitutionally impair a valid 'no action' clause in a policy issued and accepted in another state, without the insurer's consent.
• Wells v. Am. Emp'rs' Ins. Co.
  132 F.2d 316· 5th Cir.· 1942-12-09 ·cited 16×
  The court held that the right to sue an insurance company directly under Louisiana law is a substantive right, not merely procedural, and should be enforced in federal court in Texas.
• Cole v. Universal Prop. & Cas. Ins. Co.
  363 So. 3d 1089· Fla. 4th DCA· 2023-05-03 ·cited 15×
  The court affirmed the dismissal of a breach of contract suit against an insurance company. The dismissal was based on the plaintiff's failure to comply with a new statutory requirement for providing presuit notice of intent to litigate, which the court found to be a procedural r
• Calamia v. Singletary
  686 So. 2d 1337· Fla.· 1996-12-19 ·cited 14×
  Florida Supreme Court rejected habeas corpus and mandamus petitions from two inmates convicted of murder who challenged the retroactive cancellation of provisional credits awarded for prison overcrowding as an ex post facto violation. The Court held that provisional credits are a
• United States v. Jenkins
  780 F.2d 472· 4th Cir.· 1986-01-09 ·cited 14×
  The court held that a first offense DUI under South Carolina law, carrying a maximum penalty of thirty days imprisonment, is a 'petty' offense and does not carry a constitutional right to a jury trial under federal law.
• Douglas v. City OF Jeannette
  130 F.2d 652· 3d Cir.· 1942-08-31 ·cited 14×
  The dissenting judge would reverse the lower court's decree and remand with directions to dismiss the complaint for want of jurisdiction.
• In the Interest of K.M. v. Dep't of Child. & Families
  978 So. 2d 211· Fla. 2d DCA· 2008-03-26 ·cited 12×
  A Florida appellate court dismissed an appeal by a maternal grandmother who sought to challenge an order placing her granddaughter with the child's father in a dependency case. The court held that the grandmother lacked standing to appeal because, although she was the child's leg
• Rauschenberg v. Williamson
  785 F.2d 985· 11th Cir.· 1986-04-02 ·cited 12×
  The court held that special factors counsel hesitation against allowing a Bivens action for procedural rights violations by a parole officer, and that the plaintiff failed to state claims under Bivens or § 1983.
• Fausto v. The United States
  783 F.2d 1020· Fed. Cir.· 1986-02-10 ·cited 12×
  The Civil Service Reform Act does not preclude Claims Court jurisdiction for federal employees in Fausto's situation, and Fausto is entitled to back pay for the period of his constructive suspension due to the agency's failure to follow proper procedures within a reasonable time.
• Darrel L. Bartholomew v. United States
  740 F.2d 526· 7th Cir.· 1984-07-18 ·cited 12×
  The court held that a probationary Postal Service employee's discharge was valid despite technical violations of notice regulations, as the employee was not prejudiced and the regulations did not confer binding procedural rights.
• In re Est. of Clifford M. Jelley v. Hitt
  360 So. 2d 1313· Fla. 2d DCA· 1978-08-02 ·cited 12×
  Katherine Stevens appealed an order disallowing her claim against a decedent's estate under a new statute of limitations. The court held that a newly enacted statute shortening the limitations period for undisposed estate claims does not apply retroactively to claims filed before
• Payne v. Elbert V. Nash
  327 F.2d 197· 8th Cir.· 1964-02-10 ·cited 12×
  The court held that the amendment to Missouri's Habitual Criminal Act was procedural and not an ex post facto violation, as it did not materially disadvantage the appellant.
• Gonzales v. United States
  212 F.2d 71· 6th Cir.· 1954-04-15 ·cited 12×
  The court held that the denial of conscientious objector and ministerial status was not arbitrary or capricious and did not violate due process.
• In re Hill v. Hill
  811 F.2d 484· 9th Cir.· 1987-02-24 ·cited 10×
  The bankruptcy rules setting deadlines for filing nondischargeability complaints are valid procedural rules and do not contravene the statute granting the right to challenge dischargeability, even if they result in hardship.
• City OF Aurora v. Erwin
  706 F.2d 295· 10th Cir.· 1983-04-29 ·cited 10×
  A defendant is not entitled to a jury trial before a federal magistrate for a state petty offense removed to federal court.
• Aktiebolaget Karlstads Mekaniska Werkstad & KMW-Johnson, Inc. v. United States Int'l Trade Comm'n & Beloit Corp.
  705 F.2d 1565· Fed. Cir.· 1983-04-18 ·cited 10×
  The court held that the '269 patent is valid and not obvious from the prior art, and that KMW's headboxes literally infringe certain claims.
• Xaphes v. Shearson
  508 F. Supp. 882· S.D. Fla.· 1981-02-23 ·cited 10×
  The court held that the equitable defense of 'in pari delicto' did not bar the plaintiff's securities fraud claim because the plaintiff was not a 'tippee' with a duty to disclose, and the defendants' alleged conduct constituted a 'double fraud'.
• Lokey v. Richardson
  600 F.2d 1265· 9th Cir.· 1979-07-11 ·cited 10×
  The court held that the appellant's claim for damages was not mooted by his return to minimum custody and that the issue of qualified immunity required further factual development.
• In re C.H. Butcher, Jr. v. First Nat'l Bank OF Louisville
  829 F.2d 596· 6th Cir.· 1987-09-23 ·cited 9×
  A bankruptcy court lacks jurisdiction to hear a preferential or fraudulent transfer action if the complaint is not filed within the two-year statute of limitations provided by 11 U.S.C. § 546(a), and Bankruptcy Rule 9006(a) does not extend this period.
• Ronald v. Dellums
  797 F.2d 817· 9th Cir.· 1986-08-21 ·cited 9×
  The court held that private citizens lack standing to seek judicial review of the Attorney General's refusal to conduct a preliminary investigation under the Ethics in Government Act.
• Benally v. Hodel
  940 F.2d 1194· 9th Cir.· 1990-09-13 ·cited 8×
  The court held that individual members of the Navajo Tribe lack standing to challenge the Relocation Commission's compliance with the Settlement Act, as such procedural rights are vested in the tribal chairmen.
• Royal v. Clemons
  394 So. 2d 155· Fla. 4th DCA· 1981-02-04 ·cited 8×
  This case involves an appeal of a final judgment foreclosing a mechanics lien filed by subcontractor Oscar Clemons against property owners for unpaid site preparation work on a shopping center project. The court upheld the lien award despite Clemons' untimely filing of notice to
• Busby v. Elec. Utils. Emp. Union
  147 F.2d 865· D.C. Cir.· 1945-01-22 ·cited 8×
  An unincorporated labor union in the District of Columbia has the capacity to sue and be sued in its own name in ordinary law actions.
• Thoman v. Timmothy Ashley
  170 So. 2d 332· Fla. 2d DCA· 1964-12-18 ·cited 7×
  The court rejected a challenge to the trial court's striking of a res judicata defense in a second negligence action. The court held that an oral grant of nonsuit in the first action, without entry of a final judgment, could not support a res judicata defense because res judicata
• Ctr. for a Sustainable Coast v. U.S. Army Corps of Eng'rs
  100 F.4th 1349· 11th Cir.· 2024-05-02 ·cited 6×
  The court held that the Center for a Sustainable Coast had standing to bring its NEPA claim because the alleged procedural injury was redressable by vacating the permit and remanding for further review. The court affirmed dismissal of the Seashore Act claim as abandoned.
• Moreau v. Fed. Energy Regulatory Comm'n
  982 F.2d 556· D.C. Cir.· 1993-01-15 ·cited 6×
  The court held that it lacked jurisdiction over claims for which rehearing was not timely sought before FERC or which remained pending before FERC. The court found petitioners had standing for remaining claims.
• Metro Transp. Co. v. N. Star Reinsurance Co.
  912 F.2d 672· 3d Cir.· 1990-08-30 ·cited 6×
  The court held that the Pennsylvania PUC's retroactive cancellation of an insurance policy was invalid as it affected substantive rights, and that insurers are liable for minimum coverage if the insured is not an approved self-insurer.
• Pratt v. Nat'l Distillers & Chem. Corp.
  853 F.2d 1329· 6th Cir.· 1988-08-01 ·cited 6×
  The court held that the new Ohio statute (Ohio Rev.Code Ann. § 4121.80) could not be applied retroactively to disturb the plaintiff's substantive rights to a jury determination of damages and the common law definition of intentional tort. The court reinstated the jury's damages a
• In the Interest of R. P. C.
  352 So. 2d 75· Fla. 4th DCA· 1977-06-03 ·cited 6×
  A juvenile adjudicated delinquent for attempted larceny appealed the delinquency finding, challenging whether the trial court erred by not dismissing the petition due to late filing of a required written custody report. The court affirmed, holding that the three-day reporting req
• Stern v. Inter-Mountain Tel. Co.
  226 F.2d 409· 6th Cir.· 1955-10-25 ·cited 6×
  The court held that a federal court's dismissal order with conditions, even if it conflicts with state law regarding voluntary nonsuit, is permissible under Federal Rule of Civil Procedure 41(a)(2).
• Nelson v. Westland Oil Co.
  181 F.2d 371· 8th Cir.· 1950-04-13 ·cited 6×
  The court held that the 1949 amendment to North Dakota's Workmen's Compensation Act, which changed the procedure for third-party liability claims, applied retroactively to causes of action that accrued before its effective date, allowing plaintiffs to bring suit.
• Sierra v. State
  230 So. 3d 48· Fla. 2d DCA· 2017-08-04 ·cited 5×
  Francisco Sierra appeals the denial of his motion for postconviction relief based on ineffective assistance of trial counsel. The court reverses and remands for a new trial, finding counsel deficiently performed by failing to move for a mistrial or object when prosecution witness
• Am. Fam. Mut. Ins. Co. v. Alvis
  72 So. 3d 314· Fla. 2d DCA· 2011-10-21 ·cited 5×
  The Florida Second District Court of Appeal reversed an award of $155,422 in attorney's fees to the estate of a deceased Nebraska resident who recovered uninsured motorist insurance benefits. The court held that Nebraska law governs the substantive right to attorney's fees, and t
• Doe v. Bd. of Cnty. Comm'rs
  783 F. Supp. 1379· S.D. Fla.· 1992-01-30 ·cited 4×
  The court held that the Civil Rights Act of 1991 does not apply retroactively to the plaintiff's claims, and therefore, the motion to amend the complaint to add claims under the 1991 Act is denied in part.
• Univ. Med. Ctr. & Johns E. Co., Inc. v. Sumpter
  591 So. 2d 288· Fla. 1st DCA· 1991-12-09 ·cited 4×
  The court held that the amendment to section 440.15(3)(b)l, Florida Statutes, created a new offset right for the employer/carrier against wage-loss benefits, and this change was substantive and not retroactive to the claimant's injury date.
• Ava P. Trahan v. Brady
  907 F.2d 1215· D.C. Cir.· 1990-07-17 ·cited 4×
  The court held that the District Court did not abuse its discretion in finding the government's position substantially justified, thus denying attorneys' fees under the EAJA.
• Orma G. Moore v. United Servs. Auto. Assocation
  808 F.2d 1147· 5th Cir.· 1987-02-05 ·cited 4×
  The court held that Florida law prohibits the stacking of insurance policies in this case and that a direct action against the insurer is barred by Mississippi law and the policy's 'no action' clause. Claims of bad faith and fraud were also rejected.
• Atkinson v. Bass
  579 F.2d 865· 4th Cir.· 1978-07-13 ·cited 4×
  The court held that the ex parte communication by defendants to withdraw their hearing request, without notice to the plaintiff, prejudiced the plaintiff's procedural rights and warrants reversal.
• McKAMEY v. The United States
  458 F.2d 47· Ct. Cl.· 1972-04-14 ·cited 4×
  The court held that the plaintiff was unlawfully removed from his position because the agency failed to provide him with the right to an oral reply as required by statute and regulation.
• Edward J. Sullivan and Elwood v. Wilson v. The United States
  416 F.2d 1277· Ct. Cl.· 1969-10-17 ·cited 4×
  The court held that the FAA's policy requiring GS-8 assistant air traffic controllers to qualify for GS-10 journeyman positions through training was consistent with the Classification Act, and plaintiffs' dismissal for failure to do so was proper.
• Genie A. Keyton v. Anderson
  229 F.2d 519· D.C. Cir.· 1956-01-19 ·cited 4×
  The court held that the right to file a grievance does not protect an employee from removal for including false and defamatory charges in the grievance.
• Miccosukee Tribe of Indians of Florida v. United States
  6 F. Supp. 2d 1346· S.D. Fla.· 1998-03-11 ·cited 2×
  The court held that the Flo-Sun Agreement did not constitute 'major federal action' requiring an EIS under NEPA, and that entering the agreement was a litigation decision not subject to APA notice-and-comment requirements.
• Florida Key Deer v. Stickney
  864 F. Supp. 1222· S.D. Fla.· 1994-08-25 ·cited 2×
  The court held that the plaintiffs had standing to sue FEMA for failing to consult with the U.S. Fish and Wildlife Service regarding the National Flood Insurance Program's impact on the endangered Key deer, and that FEMA had violated the Endangered Species Act.
• Murphy v. Sowders
  801 F.2d 205· 6th Cir.· 1986-09-12 ·cited 2×
  The court held that the retroactive repeal of a rule requiring corroboration of accomplice testimony, when applied to a defendant whose crime occurred before the repeal, violates the Ex Post Facto Clause of the U.S. Constitution.
• The State OF Ohio v. United States Dep't OF Transp. & the Materials Transp. Bureau
  766 F.2d 228· 6th Cir.· 1985-06-27 ·cited 2×
  The State of Ohio has standing to seek judicial review of a federal regulation that preempts its state statute requiring prenotification of radioactive material shipments.
• Bruner v. Bd. OF Real Est. & Dep't of Prof'l Reg.
  409 So. 2d 146· Fla. 5th DCA· 1982-01-27 ·cited 2×
  Susan Bruner sought a writ of prohibition to prevent revocation of her real estate broker's license after the Board of Real Estate found probable cause against her. The court clarified its prior order denying the writ, explaining that a statutory amendment effective July 1, 1981