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

• AIR Prods. & Chems., Inc. v. The La. Land & Exploration Co.
  867 F.2d 1376· 11th Cir.· 1989-03-16 ·cited 18×
  The court held that the seller did not waive its right to retroactive application of a substitute fuel price index, but that prejudgment interest should be calculated from the date of demand, not from when the substitute index could have first been applied.
• Gioda v. Saipan Stevedoring Co., Inc.
  855 F.2d 625· 9th Cir.· 1988-08-18 ·cited 18×
  The court should have decided the merits of the appeal rather than remanding.
• Stoot v. Fluor Drilling Servs., Inc.
  851 F.2d 1514· 5th Cir.· 1988-08-15 ·cited 18×
  The court held that Louisiana's Oilfield Anti-Indemnity Statute voids the indemnity provision in the contract because the contract is a master service agreement subject to the statute, despite being a maritime contract.
• Buckle v. State
  528 So. 2d 1285· Fla. 2d DCA· 1988-07-27 ·cited 18×·via Retroactivity Of Statutory Amendments
  Scott Buckle appeals his sentence imposed upon revocation of his probation as a youthful offender under Florida's Youthful Offender Act. The appellate court reverses the seven-year sentence, holding that the 1985 amendment to section 958.14 limits youthful offenders to a maximum
• Windels v. Solitron Devices, Inc.
  510 So. 2d 1177· Fla. 4th DCA· 1987-08-12 ·cited 18×
  A New York law firm appealed a trial court's denial of its motion to abate for lack of personal jurisdiction in a legal malpractice suit brought by its client, a Florida-based corporation. The Florida appellate court affirmed the trial court's exercise of jurisdiction, finding th
• Peery v. Verne Brakke
  826 F.2d 740· 8th Cir.· 1987-08-12 ·cited 18×
  The court held that the district court erred in granting judgment notwithstanding the verdict because the employee did not receive adequate procedural due process prior to termination. The court also held that the governing Supreme Court decision applied retroactively and that th
• Ctr. FOR Sci. IN THE Pub. Interest v. Regan
  802 F.2d 518· D.C. Cir.· 1986-09-26 ·cited 18×
  The court held that the 1985 amendments to the Equal Access to Justice Act (EAJA), which expanded the definition of the government's 'position' to include pre-litigation agency actions, apply to pending fee applications.
• George Alexopulos by his next friend Marguerite Alexopulos and Marguerite Alexopulos v. Riles
  784 F.2d 1408· 9th Cir.· 1986-03-18 ·cited 18×
  The court held that the Education for All Handicapped Children Act (EAHCA) provides the sole remedy for denial of educational rights, and that claims for compensatory education are barred by the Eleventh Amendment and statutes of limitations.
• Windham v. Fla. Dep't of Transp.
  476 So. 2d 735· Fla. 1st DCA· 1985-09-27 ·cited 18×
  The Windhams sued the Florida Department of Transportation for injuries caused by TCE contamination of their well water, allegedly resulting from the Department's contractor improperly disposing of the chemical in 1959. The court affirmed dismissal, holding that the negligent act
• Richardson v. State
  472 So. 2d 1278· Fla. 1st DCA· 1985-07-10 ·cited 18×
  Luke Richardson appealed his sentencing for sale of cocaine and escape, challenging the trial court's application of amended sentencing guidelines that were effective after his offenses occurred. The court held that applying disadvantageous guideline amendments retroactively viol
• Smith v. Shell OIL Co.
  746 F.2d 1087· 5th Cir.· 1984-11-27 ·cited 18×
  The court held that the jury's findings of negligence against Shell and PSI were supported by sufficient evidence, and that the indemnity agreement between Shell and PSI was valid and enforceable. However, the court reversed the denial of prejudgment interest.
• Tiodoso Cisnero, III v. State
  458 So. 2d 377· Fla. 2d DCA· 1984-10-26 ·cited 18×
  A defendant convicted of aggravated battery and two counts of aggravated assault appealed the denial of his postconviction relief motion challenging three consecutive mandatory minimum sentences imposed for crimes arising from the same incident. The court held that the Florida Su
• Astra v. Colt Indus. Operating Corp.
  452 So. 2d 1031· Fla. 4th DCA· 1984-07-05 ·cited 18×
  This case concerns whether a foreign manufacturer waived its objection to personal jurisdiction by filing initial motions without raising the issue, and whether Florida's long-arm statute could be applied retroactively. The court held that the manufacturer did not waive the objec
• Wilderness Country Club P'ship, Ltd. v. Groves
  458 So. 2d 769· Fla. 2d DCA· 1984-03-02 ·cited 18×
  The court held that the rent escalation clause was unenforceable under Florida Statutes and that the entire sublease should be rescinded because the clause was not severable from the rest of the agreement.
• In re Reynolds v. Reynolds
  726 F.2d 1420· 9th Cir.· 1984-02-28 ·cited 18×
  The court should apply the law in effect at the time of decision unless it is manifestly unjust or violates congressional intent.
• Troy Ltd. v. Renna
  727 F.2d 287· 3d Cir.· 1984-01-30 ·cited 18×
  The New Jersey Senior Citizens and Disabled Protected Tenancy Act, including its retroactive provision, does not violate the impairment of contracts or taking clauses of the U.S. Constitution.
• Doyle Nations and Marie Nations v. SUN OIL Co. (Delaware) & Sun Prod. Co.
  705 F.2d 742· 5th Cir.· 1983-05-23 ·cited 18×
  The court held that retroactive application of Doubleday v. Boyd Construction Co. was proper and that collateral estoppel did not bar Sun Oil from raising the statutory employer defense. The wife's award for pain and suffering was also affirmed.
• Frock v. United States R.R. Ret. Bd.
  685 F.2d 1041· 7th Cir.· 1982-08-06 ·cited 18×
  The court held that section 3(h)(6) of the Railroad Retirement Act was correctly applied to deny dual benefits to petitioners, and that the section is constitutional.
• Estrella v. George A. Brandt, M.D.
  682 F.2d 814· 9th Cir.· 1982-07-28 ·cited 18×
  The court held that the district court erred in its interpretation of California's statutes of limitations for medical malpractice actions, finding the plaintiff's complaint timely filed.
• Stoller v. Marsh
  682 F.2d 971· D.C. Cir.· 1982-06-22 ·cited 18×·via Retroactivity Of Statutory Amendments
  The court held that summary judgment was improper on the plaintiff's 1972 claim because reliance on discriminatory evaluations, even if prepared by supervisors unaware of the animus, violates Title VII unless the employee had a reasonable opportunity to inspect and correct the fi
• In re Webber v. Credithrift OF Am., Inc.
  674 F.2d 796· 9th Cir.· 1982-04-14 ·cited 18×
  The Bankruptcy Reform Act's lien exemption can constitutionally apply to a lien created after the statute's enactment but before its effective date.
• Nelson v. Serwold
  687 F.2d 278· 9th Cir.· 1982-02-01 ·cited 18×
  The court held that the defendant is not liable for profits made by other members of a stock pooling agreement because no agency, partnership, or joint venture existed, and that attorneys' fees under a Washington statute were not applicable retroactively to the transaction.
• Menominee Rubber Co. v. Gould, Inc.
  657 F.2d 164· 7th Cir.· 1981-08-21 ·cited 18×
  The court affirmed the grant of a preliminary injunction, finding no clear abuse of discretion by the district court in preserving the status quo pending trial.
• Busch v. State
  392 So. 2d 272· Fla. 1st DCA· 1980-11-17 ·cited 18×
  On remand from the U.S. Supreme Court following Payton v. New York, the court considers whether a warrantless, nonconsensual entry into Busch's home violated the Fourth Amendment and whether his resulting confession must be suppressed. The court remands for further factual findin
• Harless v. Boyle-Midway Division
  594 F.2d 1051· 5th Cir.· 1979-05-11 ·cited 18×
  The court held that the trial court erred in excluding rebuttal evidence regarding the effectiveness of a new warning label and in its jury instructions concerning the defense of the decedent's negligence. The court also found that evidence of the decedent's marijuana use was und
• United States v. Fresno Unified Sch. Dist.
  592 F.2d 1088· 9th Cir.· 1979-03-12 ·cited 18×
  The Attorney General may initiate a pattern or practice suit against a public employer without a referral from the EEOC, provided he satisfies applicable procedural requirements.
• ST. Louis Shipbuilding & Steel Co. & Travelers Ins. Co. v. June H. Casteel (widow of Paul L. Casteel) and Director
  583 F.2d 876· 8th Cir.· 1978-08-23 ·cited 18×
  The court held that the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act apply retroactively to allow death benefits, and these amendments are constitutional.
• Hunt v. State Farm Mut. Ins. Co.
  349 So. 2d 642· Fla. 1st DCA· 1977-06-27 ·cited 18×
  A family member who is an insured under multiple underinsured motorist policies issued by different insurers may stack the coverage limits, and each insurer must contribute its pro rata share of the excess over the tortfeasor recovery.
• Huntley v. Dep't OF Health
  550 F.2d 290· 5th Cir.· 1977-04-08 ·cited 18×·via Retroactivity Of Statutory Amendments
  The court held that the employee met the burden of proving he would have been promoted but for the racial discrimination, entitling him to back pay.
• COE v. Secretary OF Health
  502 F.2d 1337· 4th Cir.· 1974-09-24 ·cited 18×
  The court held that the administrator is entitled to Medicare benefits for both of the patient's nursing home stays, applying the law in effect at the time of the appellate decision.
• Hollingshead v. State
  292 So. 2d 617· Fla. 1st DCA· 1974-04-11 ·cited 18×
• Sea-Land Serv., Inc. v. The United States
  493 F.2d 1357· Ct. Cl.· 1974-03-20 ·cited 18×
  The court held that the Assistant Secretary's interpretation of the Vessel Exchange Act and the contract regarding the cost of in-class repairs was correct, and that deferring the final valuation of vessels until after redelivery was permissible under the Act.
• Addison v. Bulk Food Carriers, Inc.
  489 F.2d 1041· 1st Cir.· 1974-01-09 ·cited 18×
  The court held that the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act, which eliminated stevedore indemnity to shipowners, were not retroactive and did not apply to injuries incurred before the amendments' effective date.
• United States v. de Simone
  468 F.2d 1196· 2d Cir.· 1972-11-06 ·cited 18×
  The court held that the no-parole provision of a repealed statute applies to a defendant whose conspiracy continued after the repeal date, as savings clauses preserve penalties and liabilities incurred under the old law.
• Sperry Rand Corp. v. Fed. Trade Comm'n
  288 F.2d 403· D.C. Cir.· 1961-02-09 ·cited 18×
  The Court held that the 1959 amendment to the Clayton Act does not apply to consent orders issued before its enactment, as Congress did not intend retroactive application to such orders.
• United States v. Otto Klaus Gunther Hoellger
  273 F.2d 760· 2d Cir.· 1960-01-13 ·cited 18×
  The government cannot enforce citizenship ineligibility when it destroyed the consideration for the original bargain by revoking the draft exemption.
• United States v. Shaughnessy
  233 F.2d 705· 2d Cir.· 1956-05-09 ·cited 18×
  The court held that the Board of Immigration Appeals did not err in denying suspension of deportation as a matter of administrative discretion, even if the appellants met the statutory eligibility requirements, and that considering the policy of a later Act in exercising discreti
• McDonald v. Commissioner of Internal Revenue
  214 F.2d 341· 2d Cir.· 1954-07-07 ·cited 18×·via Retroactive Tax Legislation
  The court held that livestock held for breeding or dairy purposes, regardless of age, qualify for capital gains treatment under I.R.C. § 117(j) if culled for reasons other than ordinary course of business sale. The court also found that the Commissioner could raise an alternative
• Phillips v. City of W. Palm Beach
  70 So. 2d 345· Fla.· 1953-12-11 ·cited 18×
  A Florida worker injured in 1945 sought additional workers' compensation after amputation of his foot in 1951, claiming that the repealed 1951 statutory amendments eliminating compensation caps should apply to his permanent partial disability award. The court held that the statut
• Sunray Oil Co. v. Commissioner of Internal Revenue
  147 F.2d 962· 10th Cir.· 1945-02-21 ·cited 18×·via Retrospective Application
  Income from state oil and gas leases is subject to federal taxation, and advance royalties paid by the lessee are a capital expenditure, not deductible from gross income in addition to percentage depletion.
• Miami Cnty. Nat. Bank of Paola v. Bancroft
  121 F.2d 921· 10th Cir.· 1941-07-17 ·cited 18×
  Federal courts have jurisdiction to determine heirship and property distribution rights, even when probate proceedings are pending in state court. Federal courts are prohibited from enjoining state court proceedings except in bankruptcy cases.
• Hughes v. Universal Prop. & Cas. Ins. Co.
  374 So.3d 900· Fla. 6th DCA· 2023-11-22 ·cited 17×
• Coppola v. State
  938 So. 2d 507· Fla.· 2006-06-22 ·cited 17×
  The Florida Supreme Court resolved a conflict among district courts regarding whether Heggs v. State's decision declaring the 1995 sentencing guidelines unconstitutional constitutes newly discovered evidence and whether a defendant who negotiated a plea for a specific sentence is
• Pondella Hall FOR Hire, Inc. v. Lawson Lamar
  866 So. 2d 719· Fla. 5th DCA· 2004-01-02 ·cited 17×
  Pondella Hall for Hire appeals dismissal of its counterclaims for damages arising from a civil forfeiture action. The court affirms dismissal of wrongful injunction and forfeiture damage claims but reverses dismissal of takings claims regarding personal property, remanding for de
• Mauricio A. Arze v. Soheila Sadough-Arze
  789 So. 2d 1141· Fla. 4th DCA· 2001-06-27 ·cited 17×
  In this dissolution of marriage appeal, the Fourth District Court of Appeal affirmed the trial court's income findings but reversed and remanded regarding child support calculations and the marital home provision. The court held that the trial court erred by failing to adjust chi
• Buchanan v. Allstate Ins. Co.
  629 So. 2d 991· Fla. 1st DCA· 1993-12-28 ·cited 17×
  The Buchanans sued their insurance company Allstate for unreasonably refusing to negotiate their uninsured motorist claim. The trial court awarded them a zero verdict, and on cross-appeal, the court determined that Allstate was entitled to attorney's fees under section 45.061 for
• United States v. Schumann
  861 F.2d 1234· 11th Cir.· 1988-12-19 ·cited 17×
  The criminal conviction appeal is moot due to the defendant's death, and the civil forfeiture judgment is affirmed because the new definition of 'engaged in the business' under the Firearms Owners' Protection Act applies prospectively, not retroactively.
• Murphy Boyd Louviere v. Marathon OIL Co.
  755 F.2d 428· 5th Cir.· 1985-03-18 ·cited 17×
  The court held that subsequent amendments to the Longshoremen's and Harbor Workers' Compensation Act, which apply to pending claims, require reversal of summary judgment granted under prior law.
• Powlowski v. State
  467 So. 2d 334· Fla. 5th DCA· 1985-03-07 ·cited 17×
  The court held that a sentence exceeding life expectancy is permissible and that the amended statute regarding retained jurisdiction applied retroactively to the sentencing.
• Teamsters Pension Tr. Fund OF Philadelphia & Vicinity & Teamsters Health & Welf. Tr. Fund of Philadelphia & Vicinity & Schaffer, Jr. v. John Tinney Delivery Serv., Inc.
  732 F.2d 319· 3d Cir.· 1984-04-12 ·cited 17×
  The court held that the Multiemployer Pension Plan Amendments Act of 1980 should apply retroactively and that post-1979 claims were not precluded by prior summary judgment rulings.