Repeal By Implication

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

• N.Y. Airways, Inc. v. The United States
  369 F.2d 743· Ct. Cl.· 1966-12-16 ·cited 23×
  The court held that the Civil Aeronautics Board has the authority to obligate the United States for subsidy payments to air carriers, even in the absence of specific congressional appropriations, and that appropriation acts do not amend this substantive power unless the intent is
• State v. Lee
  119 Fla. 745· Fla.· 1935-04-03 ·cited 23×
  The Florida Supreme Court held that the 1921 Act (Senate Bill No. 517) requiring counties in certain judicial circuits to supplement circuit judges' salaries to $6,000 per annum remained valid and enforceable despite subsequent legislation reducing state-paid salaries to $5,000.
• Anton L. Hendricks v. Otis R. Bowen, M.D.
  847 F.2d 1255· 7th Cir.· 1988-05-25 ·cited 22×
  A claimant whose case was remanded under the Social Security Disability Benefits Reform Act of 1984 may recover attorney's fees under the EAJA if they would have prevailed under pre-Reform Act law and the government's position was not substantially justified.
• State OF Neb. v. Fed. Labor Relations Auth.
  705 F.2d 945· 8th Cir.· 1983-02-08 ·cited 22×
  The court held that the National Guard Technicians Act of 1968 conflicts with the Civil Service Reform Act of 1978 regarding binding arbitration of certain adverse personnel actions, and this conflict must be resolved in favor of the earlier, more specific Technicians Act.
• Friends OF THE Earth v. Ellis L. Armstrong
  485 F.2d 1· 10th Cir.· 1973-08-02 ·cited 22×
• State v. Bd. OF Pub. Instruction OF Escambia Cnty.
  113 So. 2d 368· Fla.· 1959-06-17 ·cited 22×
  Florida Supreme Court upheld the validation of school bonds issued by a special tax district after a reregistration of freeholder electors. The Court resolved a conflict between a permanent registration statute and a later statute requiring reregistration of freeholders for bond
• Preston v. Heckler
  734 F.2d 1359· 9th Cir.· 1984-06-07 ·cited 21×
• United States v. Gottesman
  724 F.2d 1517· 11th Cir.· 1984-02-16 ·cited 20×
  The court held that the transportation of pirated videotape cassettes constitutes 'stolen property' under 18 U.S.C. § 2314, and that the Copyright Act does not preclude prosecution under that statute. The court also affirmed the RICO conviction and the admission of co-conspirator
• United States v. Burnett
  505 F.2d 815· 9th Cir.· 1974-11-13 ·cited 20×
  The court held that the government may elect to prosecute under either 18 U.S.C. § 1001 or 18 U.S.C. § 1919 when a single act violates both statutes, and the indictment was proper.
• State of Fla. ex rel. Hyman Martin v. Michell
  188 So. 2d 684· Fla. 4th DCA· 1966-07-13 ·cited 20×
  The Florida District Court of Appeal held that a state attorney has the implied common law power to request issuance of a grand jury subpoena before the grand jury is formally impaneled and sworn, rejecting petitioner Martin's challenge to a subpoena issued for a grand jury not y
• Safe Harbor Water Power Corp. v. Fed. Power Comm'n
  179 F.2d 179· 3d Cir.· 1949-12-30 ·cited 20×
  The Federal Commission has the power to regulate Safe Harbor's rates under Part II of the Federal Power Act, and its rate base formula is authorized by the Act, allowing a fair rate of return.
• Creque v. Honorable Juan Luis
  803 F.2d 92· 3d Cir.· 1986-10-14 ·cited 18×
  The court held that the specific statute governing the Virgin Islands Water and Power Authority (WAPA) board members' tenure, 30 V.I.C. § 103(a), prevails over a more general statute, 3 V.I.C. § 65a, regarding holdover terms after expiration. Therefore, board members continue to
• Cosgrove v. Smith
  697 F.2d 1125· D.C. Cir.· 1983-01-11 ·cited 18×
  The court held that the district court prematurely granted summary judgment, as the record was inadequate to determine the scope of federal authority over D.C. Code offenders and whether federal and D.C. parole standards differ.
• The Menominee Tribe OF Indians v. The United States
  388 F.2d 998· Ct. Cl.· 1967-04-14 ·cited 18×
  The dissenting judge argues that the majority's decision leaves the Menominee plaintiffs in a state of legal uncertainty by failing to definitively resolve their hunting and fishing rights.
• Thermo King Corp. v. The United States
  354 F.2d 242· Ct. Cl.· 1965-12-17 ·cited 18×
  The court, in dissent, holds that the plaintiff's refrigeration units were subject to the automotive parts and accessories tax, even with the temporary commercial refrigeration tax.
• Nelan Sweet v. Josephson
  173 So. 2d 444· Fla.· 1965-03-31 ·cited 18×
  The court held that the earlier statute imposing liability on dog owners for any damage caused by their dogs was not repealed by implication by the later statute specifically addressing liability for dog bites.
• W. L. Mead, Inc. v. Int'l Bhd. OF Teamsters
  217 F.2d 6· 1st Cir.· 1954-11-18 ·cited 18×
  The court held that the Norris-LaGuardia Act prohibits federal courts from issuing injunctions against peaceful strikes and picketing, even when such actions violate a collective bargaining agreement under the Labor Management Relations Act.
• Atkinson v. State
  156 Fla. 449· Fla.· 1945-10-12 ·cited 18×
  The court held that the 1943 statute did not repeal the 1868 statute by implication, as both statutes have distinct elements and spheres of operation.
• United States v. Meyer
  140 F.2d 652· 2d Cir.· 1944-02-03 ·cited 18×
  The court held that the defendant's false statements to the Exclusion Board, made within the jurisdiction of a military agency, violated 18 U.S.C.A. § 80, and that the defendant could not challenge the board's authority in this prosecution.
• Blackfeet Tribe OF Indians v. State OF Mont.
  729 F.2d 1192· 9th Cir.· 1984-04-03 ·cited 17×
  The court held that the 1924 Act's taxing authorization remains applicable to leases entered into after the promulgation of the 1938 Act, as there was no implied repeal.
• State v. The Cnty. Comm'rs of Putnam Cnty.
  23 Fla. 632· Fla.· 1887-06-01 ·cited 17×
  The Florida Supreme Court held that the establishment of the municipality of Palatka Heights did not divest the County Commissioners of Putnam County of their jurisdiction over an existing public road that lay within the town's territorial limits. The court rejected the commissio
• Friedrich v. City OF Chicago & Fred Rice
  888 F.2d 511· 7th Cir.· 1989-10-31 ·cited 16×
  The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, allows for the recovery of expert witness fees as part of costs, even though the statute literally refers only to 'attorney's fees'. This interpretation is based on the Act's purpose to restore pre-Alyeska equ
• Malloy v. Eichler
  860 F.2d 1179· 3d Cir.· 1988-10-25 ·cited 16×
  The court held that the Secretary's interpretation of section 2640 of DEFRA to include sibling and grandparent income for Medicaid eligibility determinations violates the Medicaid statute, specifically 42 U.S.C. § 1396a(a)(17)(D).
• Muscogee (Creek) Nation v. Hodel
  851 F.2d 1439· D.C. Cir.· 1988-07-15 ·cited 16×
  The Oklahoma Indian Welfare Act (OIWA) repealed the Curtis Act's abolition of tribal courts, thereby restoring the Muscogee (Creek) Nation's power to establish tribal courts with civil and criminal jurisdiction.
• Harris v. The United States & The United States Dep't of the Army
  841 F.2d 1097· Fed. Cir.· 1988-03-10 ·cited 16×
  The court held that the Civil Service Reform Act's grievance procedures, as incorporated into a collective bargaining agreement, are the exclusive remedy for environmental differential pay claims, precluding Tucker Act jurisdiction.
• United States v. Barrett
  837 F.2d 933· 10th Cir.· 1988-01-27 ·cited 16×
  A defendant forging an endorsement on a treasury check for $500 or less may be prosecuted under the general felony statute (18 U.S.C. § 495) even though a later, more specific misdemeanor statute (18 U.S.C. § 510) covers the same conduct.
• McLEAN v. Central States
  762 F.2d 1204· 4th Cir.· 1985-05-24 ·cited 16×
  A debtor's interest in a pension fund subject to a valid anti-assignment provision under applicable non-bankruptcy law is not property of the bankruptcy estate. Consequently, a contempt order based on non-compliance with a pay order directing such funds to the trustee is invalid.
• ROE v. Casey
  623 F.2d 829· 3d Cir.· 1980-04-18 ·cited 16×
  The court held that the Hyde Amendment substantively modified Title XIX, restricting state obligations to fund abortions, and that Pennsylvania statutes were still inconsistent with the modified law.
• Panama Canal Co. v. Anderson
  312 F.2d 98· 5th Cir.· 1963-01-09 ·cited 16×
  The court held that specific statutes governing vessel employees of the Panama Canal Company take precedence over the general provisions of the Thomas Amendment, thus reversing the lower court's decision.
• Barnett Hollander v. United States
  248 F.2d 247· 2d Cir.· 1957-10-01 ·cited 16×
  The court held that the 1951 retroactive tax relief measure, Section 607 of the Revenue Act of 1951, overrides the statute of limitations and prior litigation finality, and was not repealed by the 1953 Act, allowing the estate to claim a refund.
• Mogis v. Lyman-Richey Sand & Gravel Corp.
  189 F.2d 130· 8th Cir.· 1951-05-18 ·cited 16×
  The dissent argues that the Nebraska Railway Commission's rate schedules were not required to be filed with the Secretary of State under the 1945 filing act. The dissent believes the legislative history and established principles of statutory construction demonstrate that the act
• White's Will v. Commissioner of Internal Revenue
  142 F.2d 746· 3d Cir.· 1944-05-10 ·cited 16×
  The court held that the Tax Court correctly denied motions to vacate prior decisions, as the new Revenue Act did not repeal by implication the statutory provisions regarding the finality of tax decisions.
• Zombro v. Baltimore City Police Dep't
  868 F.2d 1364· 4th Cir.· 1989-03-03 ·cited 15×
  The court held that the Age Discrimination in Employment Act (ADEA) provides the exclusive remedy for age discrimination claims, precluding a separate action under 42 U.S.C. § 1983, even when the claim is framed as a Fourteenth Amendment violation.
• Kidd v. United States Dep't OF Interior
  756 F.2d 1410· 9th Cir.· 1985-04-02 ·cited 15×
  The court held that the Desert Land Entry Act was not repealed by implication by the Taylor Grazing Act, and substantial compliance with the witness statement requirement was insufficient.
• United States v. Snow
  748 F.2d 928· 4th Cir.· 1984-11-29 ·cited 15×
  The court held that an escapee's appeal may proceed if recaptured before dismissal, and that the Federal Magistrates Act does not limit district court sentencing under the Federal Youth Corrections Act.
• Resolution Tr. Corp. for Am. Sav. & Loan Ass'n of Brazoria Cnty. v. Leroy and Janet Lightfoot
  938 F.2d 65· 7th Cir.· 1991-07-19 ·cited 14×
  The Resolution Trust Corporation (RTC) may remove cases to the federal district court where the state action was pending, in addition to the venues expressly authorized by FIRREA.
• Owner-Operators Indep. Drivers Ass'n OF Am., Inc. v. Skinner
  931 F.2d 582· 9th Cir.· 1991-04-26 ·cited 14×
  The court held that challenges to Federal Highway Administration (FHWA) motor carrier safety regulations must be filed in the courts of appeals, not the district courts, because a statutory provision preserved the judicial review procedures applicable to the Interstate Commerce C
• United States v. Stewart
  879 F.2d 1268· 5th Cir.· 1989-07-31 ·cited 14×
  The court held that the alleged prosecutorial misconduct was harmless error, the jury instruction on the presumption of innocence was not plain error, and the statutory minimum sentence was not implicitly repealed by the Sentencing Guidelines.
• Schrader v. Idaho Dep't OF Health & Welf.
  768 F.2d 1107· 9th Cir.· 1985-08-15 ·cited 14×
  The court held that a state regulation denying AFDC benefits to families owning hard-to-liquidate real property, valued over the statutory limit, violates the Social Security Act's 'availability principle'. The court found that the regulation failed to reasonably evaluate resourc
• Glover Constr. Co. v. Andrus
  591 F.2d 554· 10th Cir.· 1979-01-11 ·cited 14×
  The court held that the Buy-Indian Act does not authorize the Bureau of Indian Affairs to bypass public advertising requirements for road construction contracts under the Federal Property and Administrative Services Act.
• State v. Sarasota Cnty.
  74 So. 2d 542· Fla.· 1954-08-31 ·cited 14×
  The Florida Supreme Court upheld the validation of $900,000 in bonds proposed by Sarasota County for hospital construction, holding that county hospitals constitute "public buildings" under general statutory authority and that special legislative authorization for an earlier bond
• State v. Keller
  133 Fla. 335· Fla.· 1938-06-30 ·cited 14×
  The Florida Supreme Court held that a 1937 general state licensing law (Chapter 18011) did not repeal or limit the City of Tampa's charter authority to impose license taxes on professions exceeding the state-mandated limit. The Court distinguished this case from American Bakeries
• Scott v. Stone
  129 Fla. 784· Fla.· 1937-11-04 ·cited 14×
  Willie Scott challenged his conviction for operating a motor truck without a properly positioned rear-view mirror, arguing that a 1925 statute had repealed the 1923 requirement. The Florida Supreme Court held that the 1925 act did not repeal the mirror requirement because the sta
• Jernigan v. Holden
  34 Fla. 530· Fla.· 1894-06-01 ·cited 14×
  Aaron Jernigan sued to eject William H. Holden and others from land in Florida that Jernigan had owned and inhabited before leaving the state in 1860. The court held that Jernigan was barred by the statute of limitations because the defendant had been in exclusive adverse possess
• The State of Fla. ex rel. Frank Mira v. Smith
  26 Fla. 427· Fla.· 1890-06-01 ·cited 14×
  Florida's Supreme Court held that the Local Option Article of the 1886 Constitution does not repeal the liquor licensing statute of 1883, which requires a petition signed by a majority of registered voters in an election district as a prerequisite for obtaining a liquor license.
• Carter v. Gibbs
  909 F.2d 1452· Fed. Cir.· 1990-03-30 ·cited 13×
  The Civil Service Reform Act of 1978 does not bar government employees covered by a collective bargaining agreement from suing under the Fair Labor Standards Act.
• N. Am. Mortg. Invs. v. Cape SAN Blas Joint Venture
  378 So. 2d 287· Fla.· 1979-12-20 ·cited 13×
  The Florida Supreme Court addressed two usury-related issues: (1) whether corrupt intent is required to prove usury when a broker's commission is collected by an agent of the lender, and (2) the proper penalty for usury violations involving corporate borrowers on loans exceeding
• Plains Elec. Generation & Transmission Coop., Inc. v. Pueblo OF Laguna & United States
  542 F.2d 1375· 10th Cir.· 1976-10-15 ·cited 13×
  The dissenting judge would affirm the trial court's decision, disagreeing with the majority's interpretation of statutory repeal.
• Ellis v. City of Winter Haven
  60 So. 2d 620· Fla.· 1952-09-23 ·cited 13×
  The Florida Supreme Court held that the City of Winter Haven could enact an ordinance restricting non-intoxicating beer sales in a specific area without following its special zoning law procedures. The court found the ordinance was a valid exercise of the city's power under the S
• State v. Springer
  965 So. 2d 270· Fla. 5th DCA· 2007-09-14 ·cited 12×
  The State of Florida appeals a trial court's modification of a mandatory sex offender probation condition that prohibits residence within 1,000 feet of playgrounds and similar child-gathering places. The Fifth District Court of Appeal holds that the trial court lacked authority t