Repeal By Implication

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

• Johnson v. Williford
  821 F.2d 1279· 7th Cir.· 1987-06-04 ·cited 12×
  The U.S. Parole Commission has statutory authority to decide parole suitability for D.C. Code offenders, but must apply D.C. parole laws and regulations, not federal ones.
• Am. Trucking Ass'ns, Inc. v. Interstate Commerce Comm'n & United States
  722 F.2d 1243· 5th Cir.· 1984-01-20 ·cited 12×
  The Interstate Commerce Act, as revised by the Motor Carrier Act of 1980 and the Staggers Rail Act of 1980, does not require the Interstate Commerce Commission to adhere to its longstanding policy of restricting rail-affiliated motor carriers to operations auxiliary to or supplem
• Cal. Cartage Co., Inc. v. United States
  721 F.2d 1199· 9th Cir.· 1983-12-12 ·cited 12×
  The court held that off-dock container freight station operators have standing under the Shipping Act's 'detriment to commerce' standard to challenge a maritime labor agreement that allegedly harms their competitive position.
• Am. Fed'n OF Gov't Emps., AFL-CIO v. Campbell
  659 F.2d 157· D.C. Cir.· 1980-12-18 ·cited 12×
  The court held that an appropriations bill effectively amended the prevailing rate statute, capping wage increases at 5.5%, and that employees had no vested statutory right to larger raises until an agency order was issued.
• Alford v. Duval Cnty. Sch. Bd.
  324 So. 2d 174· Fla. 1st DCA· 1975-10-08 ·cited 12×
  This case addresses whether Florida's new Administrative Procedure Act (APA) repealed the procedural provisions of the Duval County Teachers' Tenure Act governing teacher dismissal proceedings. The court held that the special act was not impliedly repealed by the general APA beca
• Commissioner OF Internal Revenue v. Robert M. and Sally L. Bilder
  289 F.2d 291· 3d Cir.· 1961-04-07 ·cited 12×
  The court should reverse the Tax Court's decision, as living expenses incurred during medical travel are not deductible under the 1954 Code.
• United States v. Strothers
  228 F.2d 34· D.C. Cir.· 1955-11-17 ·cited 12×
  Prosecutions for violations of Section 1 of the Act of August 3, 1935 (as amended), now codified as D.C. Code § 22-2701, should be conducted by the United States Attorney in the name of and for the benefit of the United States.
• Kendall Young v. State
  219 So. 3d 206· Fla. 5th DCA· 2017-05-12 ·cited 11×
  A juvenile offender challenged a ten-year mandatory minimum sentence for armed robbery as violating the Eighth Amendment under Miller v. Alabama and Graham v. Florida, arguing that mandatory minimums preclude individualized sentencing consideration for juveniles. The Fifth Distri
• City of Dallas v. Crippen
  171 F.2d 526· 5th Cir.· 1948-12-10 ·cited 11×
  The City of Dallas does not have priority over the United States for tax payment under Section 104 of the Bankruptcy Act.
• Fidel Catarino Blanco v. United States
  775 F.2d 53· 2d Cir.· 1985-10-15 ·cited 10×
  The court held that the Sealift Atlantic is a public vessel subject to the Public Vessels Act, and the Honduras Treaty does not supersede the reciprocity clause of the Public Vessels Act.
• Dep't OF Revenue v. Honorable James E. Joanos
  364 So. 2d 24· Fla. 1st DCA· 1978-10-16 ·cited 10×
  The circuit court has jurisdiction to hear the respondent's challenge to the sales tax assessment, as the relevant statute was not repealed by implication and the policy of exhaustion of administrative remedies does not divest jurisdiction.
• In re the Application OF Malcolm E. Bergy
  563 F.2d 1031· C.C.P.A.· 1977-10-06 ·cited 10×
• Richey v. Town OF Indian River Shores
  337 So. 2d 410· Fla. 4th DCA· 1976-09-24 ·cited 10×
  The Florida District Court of Appeal reversed a trial court judgment that upheld the Town of Indian River Shores' charter provisions allowing non-resident property owners to vote in municipal elections. The court held that the 1973 state law requiring a mandatory statewide perman
• Dist. OF Columbia Nat'l Bank v. Dist. OF Columbia
  348 F.2d 808· D.C. Cir.· 1965-07-12 ·cited 10×
  A national bank doing business in the District of Columbia is subject to the District's gross earnings tax, as federal law does not preempt this tax.
• Gardner v. THE Tugboat L. N. Danzler
  281 F.2d 719· 4th Cir.· 1960-08-26 ·cited 10×
  The court held that the daily deduction for furnished rations was lawful for seamen on coastwise vessels, as statutory provisions for ration scales and penalties for delayed wages do not apply to such vessels.
• Kaku Nagano v. McGRATH
  187 F.2d 759· 7th Cir.· 1951-02-26 ·cited 10×
  The court held that the plaintiff, a permanent resident of the United States, was not an 'enemy' under the Trading with the Enemy Act, and therefore could maintain a suit to recover her property seized by the Alien Property Custodian. Section 39 of the War Claims Act of 1948 did
• Anderson-Tully Co. v. Murphree
  153 F.2d 874· 8th Cir.· 1946-01-16 ·cited 10×
  The court held that the 1901 Act vested title to re-formed land within original boundaries in former owners' successors, and that tax descriptions were sufficient to establish title under the 1929 Act, despite the land's location on an island.
• Luke v. State
  5 Fla. 185· Fla.· 1853-01-01 ·cited 10×
  Luke, an enslaved man, was convicted of malicious mischief for killing mules under his master's direction. The Florida Supreme Court reversed his conviction, holding that enslaved persons must be tried and punished under the special 1828 statute governing slaves and free persons
• Munguia v. U.S. Parole Comm'n
  871 F.2d 517· 5th Cir.· 1989-04-28 ·cited 9×
  The court held that the Parole Commission's forfeiture of Munguia's street time was mandatory under statute, and therefore, the lack of prehearing notice of this specific penalty did not violate his due process rights.
• Browning-Ferris Indus. OF Ala., Inc. v. Ala. Dept. OF Env't MGMT.
  799 F.2d 1473· 11th Cir.· 1986-09-22 ·cited 9×
  Facial challenges to the Alabama Minus Act are ripe for adjudication because the potential hardship to the plaintiff outweighs the need for further factual development.
• True v. Off. OF Pers. Mgmt.
  926 F.2d 1151· Fed. Cir.· 1991-02-25 ·cited 8×
  The Board correctly determined that Mr. True was not entitled to a redetermined annuity because he did not complete five years of actual reemployment service, and neither 5 U.S.C. §§ 8151(a) nor 8332(f) allows non-actual service to count towards this requirement.
• United States v. Edwin John Hagen (87-1011/2135) & William John Varellas (87-1012/2134)
  869 F.2d 277· 6th Cir.· 1989-02-28 ·cited 8×
  The district court exceeded its authority by designating a minimum term of fifty years for parole eligibility, as 18 U.S.C. § 4205(b) does not permit parole ineligibility terms greater than ten years.
• Nunn v. Chem. Waste Mgmt., Inc.
  856 F.2d 1464· 10th Cir.· 1988-09-02 ·cited 8×
  The court held that the trial court did not err in finding a breach of warranty regarding site contamination and compliance with laws, but erred in awarding lost profits to a non-party corporation and in discharging the defendants from their contractual obligations.
• Alexander v. Commissioner OF Internal Revenue
  825 F.2d 499· D.C. Cir.· 1987-08-07 ·cited 8×
  The enactment of 28 U.S.C. § 1631 did not revoke the court's inherent power to transfer cases over which it has jurisdiction but not venue, and it is in the interest of justice to do so.
• United States v. King
  824 F.2d 313· 4th Cir.· 1987-07-29 ·cited 8×
  A federal court cannot impose the special assessment under 18 U.S.C. § 3013 on a defendant convicted under the Assimilative Crimes Act (ACA) for a state offense if state law does not provide a similar assessment for that offense.
• Miller v. Story
  814 F.2d 320· 6th Cir.· 1987-03-23 ·cited 8×
  The court held that the petitioner's argument that the Comprehensive Crime Control Act of 1984 overrides his prior release date is without merit because the relevant section of the Act is not yet effective.
• Grindstone Butte Project v. Kleppe
  638 F.2d 100· 9th Cir.· 1981-01-30 ·cited 8×
  The Secretary of the Interior has statutory authority to impose reasonable terms and conditions on irrigation rights-of-way granted under the Act of March 3, 1891, to protect the public interest and the environment.
• Silver v. NEW York Stock Exch.
  302 F.2d 714· 2d Cir.· 1962-04-06 ·cited 8×
  The court held that the Securities Exchange Act of 1934 does not create an implied exemption from the Sherman Act for rate-fixing combinations.
• Lietz v. Flemming
  264 F.2d 311· 6th Cir.· 1959-03-03 ·cited 8×
  The court held that the 1954 amendment to the Social Security Act did not, by implication, repeal the requirement that a fully insured individual must have died after 1939 to qualify for widow's insurance benefits.
• Eisenberg v. Corning
  179 F.2d 275· D.C. Cir.· 1949-12-12 ·cited 8×
  The court held that tuition credited by taxes paid by a nonresident pupil's parent constitutes 'free instruction' prohibited by a later appropriation act, superseding prior conflicting legislation.
• Brooklyn & Richmond Ferry Co., Inc. v. United States
  167 F.2d 330· 2d Cir.· 1948-03-30 ·cited 8×
  The court held that while a ferry franchise may be considered property, the state can impose conditions on it for the public good, and payments made under a mistake of law by the government are generally recoverable. However, summary judgment was improper due to a factual dispute
• Wash. Gas Light Co. v. Byrnes
  137 F.2d 547· D.C. Cir.· 1943-07-26 ·cited 8×
  The court held that the Commission's order allowing a rate increase was improper because it failed to permit full intervention and a fair hearing as required by the Inflation Control Act.
• United States v. Cook
  922 F.2d 1026· 2d Cir.· 1991-01-07 ·cited 7×
  The majority erred in finding the St. Regis tribe a dependent Indian community and in denying a sentence reduction for acceptance of responsibility.
• Oceancoast Corp. v. The City OF Miami Beach
  221 So. 2d 802· Fla. 3d DCA· 1969-04-15 ·cited 7×
  Oceancoast Corporation challenged Miami Beach's occupational license tax that exceeded the state statutory limit of 50% of the state tax. The Florida appellate court upheld the city's authority to impose the higher tax, finding that Miami Beach's charter contained sufficiently ex
• Rios v. Bakalar & Assocs., P.A.
  795 F. Supp. 2d 1368· S.D. Fla.· 2011-06-13 ·cited 6×
  A debt collector's attempt to collect a debt discharged in bankruptcy can violate the FDCPA's prohibition against false or misleading representations, and the Bankruptcy Code does not preclude such claims.
• Bank OF NEW England OLD Colony, N.A. v. Clark
  986 F.2d 600· 1st Cir.· 1993-03-02 ·cited 6×
  The FDIC's removal of a state tax case to federal court is subject to the Tax Injunction Act, and the FDIC is not a federal instrumentality exempt from its provisions.
• United States v. Jones
  976 F.2d 176· 4th Cir.· 1992-09-18 ·cited 6×
  The court held that the defendant's conviction under the National Firearms Act was proper, as the government's conduct did not constitute entrapment or outrageous due process violations, and the charging decision was permissible.
• State v. Anatoly Vikhlyantsev
  602 So. 2d 636· Fla. 2d DCA· 1992-07-08 ·cited 6×
  The Florida Anti-Fencing Act did not implicitly repeal the cheating statute, section 817.29, Florida Statutes.
• United States v. Dawes
  951 F.2d 1189· 10th Cir.· 1991-12-17 ·cited 6×
  The lack of Office of Management and Budget control numbers on federal tax regulations and instructions does not prevent conviction for failure to file income tax returns, as these documents are not 'information collection requests' subject to the Paperwork Reduction Act's public
• United States v. Lund
  853 F.2d 242· 4th Cir.· 1988-08-01 ·cited 6×
  The court held that the federal conflict-of-interest statute, 18 U.S.C. § 208(a), applies to intra-agency personnel decisions where an employee has a financial interest through their spouse. The statute's plain language and legislative history support this broad interpretation.
• The Blackfeet Indian Tribe v. The Mont. Power Co.
  838 F.2d 1055· 9th Cir.· 1988-01-28 ·cited 6×
  The court held that the Secretary of the Interior did not exceed his authority in granting fifty-year terms for natural gas pipeline rights-of-way across Blackfeet tribal lands, as both the 1904 and 1948 Acts could be applied, allowing for either a twenty or fifty-year term.
• Regular Common Carrier Conference v. United States & Interstate Commerce Comm'n
  820 F.2d 1323· D.C. Cir.· 1987-06-23 ·cited 6×
  The court held that the Interstate Commerce Commission (ICC) applied the wrong statutory criteria by using the less stringent exemption provisions of 49 U.S.C. § 11343(e) for rail-motor acquisitions, rather than the more specific and stringent requirements of 49 U.S.C. § 10505(g)
• Bethlehem Steel Corp. v. The United States
  742 F.2d 1405· Fed. Cir.· 1984-08-27 ·cited 6×
  The court held that Bethlehem's summons was timely filed because its challenge to the ITA's negative finding on the DFE program was an aspect of an overall affirmative determination, appealable after the countervailing duty order was issued.
• In re Buren v. The Soc. Sec. Admin.
  725 F.2d 1080· 6th Cir.· 1984-01-23 ·cited 6×
  The Bankruptcy Reform Act of 1978 did not repeal by implication the anti-assignment provision of the Social Security Act of 1935, meaning social security benefits cannot be compelled to be paid to a bankruptcy trustee.
• Grand Labs., Inc. v. Harris
  644 F.2d 729· 8th Cir.· 1981-03-25 ·cited 6×
  The dissenting judge argues that animal biologies, fitting the statutory definition of 'drug,' should be regulated under the Food, Drug, and Cosmetic Act, even if the resulting regulatory scheme is not perfectly symmetrical.
• Latender v. Israel
  584 F.2d 817· 7th Cir.· 1978-09-19 ·cited 6×
  Wisconsin retained criminal jurisdiction over the Menominee Reservation until it retroceded that jurisdiction, and the Menominee Restoration Act did not implicitly repeal this jurisdiction.
• W. Va. Div. OF the Izaak Walton League OF Am., Inc. v. Butz
  522 F.2d 945· 4th Cir.· 1975-08-21 ·cited 6×
  The court held that the Organic Act of 1897 requires individual marking of trees to be cut, and that only dead, physiologically mature, or large growth trees may be sold, consistent with preserving younger growth.
• Fed. Trade Comm'n v. Jantzen, Inc.
  356 F.2d 253· 9th Cir.· 1966-02-04 ·cited 6×
  The court held that it lacked jurisdiction to enforce a pre-Clayton Finality Act cease and desist order under the repealed enforcement provisions.
• Myers v. Hollister
  226 F.2d 346· D.C. Cir.· 1955-09-01 ·cited 6×
  The court held that the disputed provision of the Mutual Security Act does not repeal existing law on reductions in force or create an exception to valid restrictions.
• Brown & Williamson Tobacco Corp. v. United States
  201 F.2d 819· 6th Cir.· 1953-02-11 ·cited 6×
  The court held that the district court erred in striking the defendant's affirmative defenses, as they raised relevant issues regarding the mandatory requirement to renegotiate all contracts in aggregate for the fiscal year under the 1944 Renegotiation Act.