Retroactive Application Of Statutes

2,390 Florida cases classified under this topic, plus 320 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Nader v. Volpe
  475 F.2d 916· D.C. Cir.· 1973-01-12 ·cited 24×
• Abner Wynn Gordon v. The John Deere Co.
  466 F.2d 1200· 5th Cir.· 1972-09-18 ·cited 24×
  The court held that service of process in federal diversity actions is governed by state law, not a uniform federal standard, and that Fla.Stat. § 48.182 does not apply retroactively.
• United States v. Marchesani
  457 F.2d 1291· 6th Cir.· 1972-04-05 ·cited 24×
  The court held that evidence of prior acts was admissible to show the conspiracy's continuation and the victim's fear, and that limitations on cross-examination were within the trial court's discretion.
• Universal Underwriters Ins. Co. v. Wagner
  367 F.2d 866· 8th Cir.· 1966-11-07 ·cited 24×
  The court held that diversity jurisdiction was proper and that under Nebraska law, the omnibus statute applied broadly to insurance policies, entitling the driver to full coverage under the owner's policy, not limited by financial responsibility act minimums.
• Sw. Petroleum Corp. v. Udall
  361 F.2d 650· 10th Cir.· 1966-06-06 ·cited 24×
  The court held that the bona fide purchaser amendment to the Mineral Leasing Act was intended to apply retroactively and that the assignee, Lowe, qualified for its protection, making his rights superior to the first qualified applicant, Southwestern.
• Dayton Typographical Union NO. 57 (International Typographical Union v. Nat'l Labor Relations Bd.
  326 F.2d 634· D.C. Cir.· 1963-11-14 ·cited 24×
  The court should set aside the Board's order and dismiss the complaint because the statute in question does not apply to the facts of this case.
• United States v. Matson Nav. Co.
  201 F.2d 610· 9th Cir.· 1953-01-19 ·cited 24×
  The court held that the Admiralty Extension Act of 1948, which extends admiralty jurisdiction to damage caused by vessels on navigable waters to property on land, applies retroactively to claims arising before its enactment, and that damage to a dike is a maritime tort.
• Emp'rs Grp. of Motor Freight Carriers, Inc. v. Nat'l War Labor Bd.
  143 F.2d 145· D.C. Cir.· 1944-06-02 ·cited 24×
  The National War Labor Board's directive order is not reviewable by the courts, as no statute authorizes such review and the order does not directly injure legally protected interests or provide a basis for judicial proceedings against the plaintiffs.
• Vinson v. Palmer
  45 Fla. 630· Fla.· 1903-01-01 ·cited 24×
  The Supreme Court of Florida addressed whether a lawsuit on promissory notes barred by the statute of limitations could proceed based on alleged partial payments and subsequent promises to pay. The court also considered procedural issues like amending the declaration and the vali
• Mateo v. State
  Fla. 3d DCA· 2026-04-08 ·cited 23×
  Jose Mateo appealed a conviction in Miami-Dade County, raising issues regarding retroactive application of a change in law. The Third District Court of Appeal affirmed the conviction, holding that even if a legal change occurred (referencing Erlinger), it does not apply retroacti
• Shep Harris, Jr. v. Zenoria T. McKINNEY
  20 So. 3d 400· Fla. 2d DCA· 2009-10-09 ·cited 23×·via Retroactivity Of Statutory Amendments
  The Florida Second District Court of Appeal affirmed a child support order requiring retroactive payments to the child's birth date, but reversed the awards of attorney's fees and prejudgment interest on the retroactive support, holding that retroactive child support constitutes
• State v. Miranda
  793 So. 2d 1042· Fla. 3d DCA· 2001-07-18 ·cited 23×
  The State appealed the trial court's refusal to sentence Miranda as a Prison Releasee Reoffender (PRRPA) for burglary of an unoccupied dwelling. The appellate court affirmed, holding that burglary of an unoccupied dwelling was not an enumerated offense under the PRRPA at the time
• Carter v. Smith Food King
  765 F.2d 916· 9th Cir.· 1985-07-11 ·cited 23×
  The court held that a plaintiff's claim for breach of a collective bargaining agreement was not time-barred under the six-month federal statute of limitations and that a statutory discrimination claim against an employer should not have been dismissed for failure to exhaust admin
• Harper-Grace Hosps. v. Schweiker
  691 F.2d 808· 6th Cir.· 1982-10-22 ·cited 23×
  The court held that a recent amendment to the Medicare Act, which excludes Hill-Burton free care costs from reimbursement, applies to this appeal and resolves the dispute.
• City OF Great Falls v. United States Dep't OF Labor
  673 F.2d 1065· 9th Cir.· 1982-04-05 ·cited 23×
  The court held that applying the 1978 amendments retroactively to award back pay would be manifestly unjust due to the protracted nature of the litigation and the delay in prosecution.
• Antone v. State
  410 So. 2d 157· Fla.· 1982-01-28 ·cited 23×
  Anthony Antone, convicted of murder and sentenced to death, sought post-conviction relief arguing newly discovered evidence, prosecutorial misconduct, jury selection errors, and an allegedly unlawful arrest. The Florida Supreme Court affirmed the denial of relief, finding no Brad
• United States v. Blue SEA Line
  553 F.2d 445· 5th Cir.· 1977-06-06 ·cited 23×
  The court held that the 1972 amendments to the Shipping Act, which replaced criminal penalties with civil ones, were primarily procedural and remedial, and thus applied to pre-amendment acts, barring criminal prosecution.
• United States v. Brown
  429 F.2d 566· 5th Cir.· 1970-07-24 ·cited 23×
  A conviction based on a repealed statute is valid if the offense occurred while the statute was in effect and the repealing act does not expressly provide otherwise.
• Putt v. United States
  392 F.2d 64· 5th Cir.· 1968-02-16 ·cited 23×·via Retroactivity Of Statutory Amendments
• McMAHAN v. Hunter
  179 F.2d 661· 10th Cir.· 1950-01-04 ·cited 23×
  A military prisoner must exhaust remedies under Article of War 53 before seeking habeas corpus relief in federal court.
• State v. Shaikh
  65 So. 3d 539· Fla. 5th DCA· 2011-06-03 ·cited 22×
  Florida appellate court reversed a trial court's grant of post-conviction relief based on Padilla v. Kentucky, holding that Padilla does not apply retroactively to pleas entered before the decision was issued.
• Cohn v. The Grand Condo. Ass'n, Inc.
  62 So. 3d 1120· Fla.· 2011-03-31 ·cited 22×
  The retroactive application of section 718.404(2), Florida Statutes, to the condominium association unconstitutionally impaired the obligation of contract.
• Bryson v. State
  42 So. 3d 852· Fla. 1st DCA· 2010-08-10 ·cited 22×
  Appellant Bryson challenged the denial of his motion to dismiss an attempted armed robbery charge based on the statute of limitations. The court affirmed, holding that Florida's extended statute of limitations for crimes solved through DNA analysis applied to his case, permitting
• Gregory Banks v. State
  887 So. 2d 1191· Fla.· 2004-10-14 ·cited 22×
  Gregory Banks sought postconviction relief after the 1995 sentencing guidelines were invalidated, arguing he negotiated his plea based on those guidelines and should be resentenced or allowed to withdraw his plea. The Florida Supreme Court affirmed the denial of relief, holding t
• Brown v. State
  813 So. 2d 132· Fla. 5th DCA· 2002-03-08 ·cited 22×
  The court held that the appellant's claims were successive and barred by the law of the case doctrine, and that defects in habitualization, such as lack of notice, do not render a sentence illegal.
• Riverwalk Apts., L.P. v. RTM Gen. Contractors, Inc.
  779 So. 2d 537· Fla. 2d DCA· 2000-12-22 ·cited 22×
  Riverwalk Apartments challenged an order lifting a stay of arbitration in a construction dispute involving an allegedly unlicensed contractor. The court reversed, holding that when a party presents colorable evidence that a contract with an arbitration clause is illegal (here, ex
• Ziccardi v. Strother
  570 So. 2d 1319· Fla. 2d DCA· 1990-05-18 ·cited 22×
  The court held that section 772.104, Florida Statutes, a remedial statute, could be applied retroactively to civil actions based on conduct occurring before its effective date, but the five-year statute of limitations barred claims against some defendants.
• Gustav Thorarinsson v. Robert F. Wilson, Inc.
  563 So. 2d 710· Fla. 1st DCA· 1990-04-18 ·cited 22×
• Jeske v. Brooks
  875 F.2d 71· 4th Cir.· 1989-05-11 ·cited 22×
  The court held that federal securities claims are arbitrable, and the arbitration clause is valid despite the rescinded SEC Rule 15c2-2. The court lacked jurisdiction to review the order compelling arbitration of state law claims.
• Coleman v. McCORMICK
  874 F.2d 1280· 9th Cir.· 1989-05-05 ·cited 22×
  The court held that the defendant's sentence must be reversed due to procedural issues in place at the time of trial regarding capital punishment hearings.
• Glenn v. State
  537 So. 2d 611· Fla. 2d DCA· 1988-11-30 ·cited 22×
  Roosevelt Glenn appeals the denial of post-conviction relief, challenging dual convictions and sentences for trafficking in and delivery of the same drugs (heroin and cocaine) as violating double jeopardy principles established in Carawan v. State. The Second District reversed, f
• Rubino v. Lynaugh
  845 F.2d 1266· 5th Cir.· 1988-05-18 ·cited 22×
  A retroactive judicial abrogation of a legal defense, even if inconsistently applied, can constitute an ex post facto violation if it substantially disadvantages a defendant by removing the possibility of a more favorable outcome or sentence.
• Henderson v. Dugger
  522 So. 2d 835· Fla.· 1988-04-11 ·cited 22×
  Robert Dale Henderson, sentenced to death for three murders, petitioned for habeas corpus and appealed the denial of a Rule 3.850 motion for post-conviction relief. The Florida Supreme Court denied all relief, holding that Michigan v. Jackson does not apply retroactively to Hende
• James P. Driscoll, Inc. v. Gould
  521 So. 2d 301· Fla. 3d DCA· 1988-03-08 ·cited 22×
  In a $6.7 million electrical subcontract dispute, Driscoll appeals a judgment entered after a 30-day nonjury trial, arguing the trial court failed to make adequate findings of fact. The appellate court affirms the substantive judgment as supported by competent evidence but revers
• Central States v. 888 Corp.
  813 F.2d 760· 6th Cir.· 1987-03-12 ·cited 22×
  The dissenting judge holds that the sale of the Barry Steel Division did not constitute a partial withdrawal from the multiemployer pension plan, rendering DEFRA inapplicable.
• Robert E. Bondurant, M.D. v. The Honorable Nicholas P. Geeker
  499 So. 2d 909· Fla. 1st DCA· 1986-12-22 ·cited 22×
  Dr. Bondurant sought a writ of prohibition to prevent a trial judge from allowing a wrongful death action to proceed after denying his motion to dismiss based on the statute of limitations. The Florida First District Court of Appeal denied the writ, holding that prohibition is no
• Nat'l Labor Relations Bd. v. Affiliated Midwest Hosp., Inc.
  789 F.2d 524· 7th Cir.· 1986-04-23 ·cited 22×
  The court affirmed the NLRB's certification of the election results and the subsequent unfair labor practice finding, holding that the Board's new rule regarding misrepresentations was reasonable and its retroactive application was not unjust.
• United States v. Liudas Kairys
  782 F.2d 1374· 7th Cir.· 1986-01-27 ·cited 22×
  Service as an armed Nazi labor camp guard is sufficient grounds for denaturalization under the 'illegally procured' standard, and the 1961 amendment to the statute applies retroactively.
• Bagues-Valles v. Immigr. & Naturalization Serv.
  779 F.2d 483· 9th Cir.· 1985-12-02 ·cited 22×
  The court held that the BIA's application of INS v. Phinpathya did not violate due process, as the Silva notices did not mislead the Bagueses and the Phinpathya ruling was retroactive.
• In re Hamilton Jordan
  745 F.2d 1574· D.C. Cir.· 1984-10-16 ·cited 22×
  The court held that the attorney's fees provision of the Ethics in Government Act, as amended, does not apply retroactively to investigations concluded before its enactment.
• Roth v. Pritikin
  710 F.2d 934· 2d Cir.· 1983-06-20 ·cited 22×
  The court held that the Copyright Act of 1978 does not apply retroactively to invalidate contracts entered into before its effective date, and that the plaintiff entered into a valid contract for her recipe creation services.
• Stephen Bodzo Realty, Inc. v. Willits Int'l Corp.
  428 So. 2d 225· Fla.· 1983-01-27 ·cited 22×
  The Florida Supreme Court overruled its prior precedent in Penza v. Neckles, holding that a release of one joint and several obligor executed before June 23, 1980, does not automatically release other joint and several obligors when the release expressly reserves the right to sue
• Andrija Artukovic v. Immigr. & Naturalization Serv.
  693 F.2d 894· 9th Cir.· 1982-12-01 ·cited 22×
• Walker v. The JIM Dandy Co.
  638 F.2d 1330· 5th Cir.· 1981-03-13 ·cited 22×·via Retroactivity Of Statutory Amendments
  The court held that Walker's Title VII claim was timely filed due to the retroactive application of the 1972 amendments, and that the class certification issue for Rhoades and Lowery needed further consideration.
• Rodrock v. Sec. Indus. Bank
  642 F.2d 1193· 10th Cir.· 1981-03-02 ·cited 22×
  The court held that while Congress intended the Bankruptcy Reform Act's lien avoidance provision (11 U.S.C. § 522(f)(2)) to apply retroactively to pre-enactment security interests, such retroactive application is unconstitutional under the Fifth Amendment.
• Fed. Election Comm'n v. Lance
  635 F.2d 1132· 5th Cir.· 1981-01-15 ·cited 22×
  The dissenting judges would hold that the individual may not be required to respond to the subpoenas and that enforcement should be denied.
• State v. Knowles
  388 So. 2d 1045· Fla. 2d DCA· 1980-07-11 ·cited 22×·via Retroactivity Of Statutory Amendments
  This case clarifies Florida's sovereign immunity statute, specifically the monetary limitations on tort claims against the state and the personal liability of state employees. The court held that the $50,000 per-person limit does not apply to separate claims by different individu
• United States v. Atl. Richfield Co.
  612 F.2d 1132· 9th Cir.· 1980-01-04 ·cited 22×
  The Alaska Native Claims Settlement Act extinguished all claims based on aboriginal title, including pre-Act trespass claims, in exchange for monetary and land compensation.
• Providence Journal Co. v. Fed. Bureau OF Investigation
  602 F.2d 1010· 1st Cir.· 1979-07-27 ·cited 22×
  Congress's deliberate balancing of privacy interests under Title III is controlling when determining whether disclosure of illegally obtained electronic surveillance records constitutes an unwarranted invasion of privacy under FOIA Exemption 7(C).
• Williams v. State
  366 So. 2d 817· Fla. 3d DCA· 1979-01-16 ·cited 22×
  Sandy Williams appeals his conviction on four counts: false imprisonment and kidnapping of two victims and aggravated assault of those same victims. The court affirms the false imprisonment convictions but reverses the aggravated assault convictions due to the trial court's failu