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

• State v. Stabile
  443 So. 2d 398· Fla. 4th DCA· 1984-01-04 ·cited 17×·via Retroactivity Of Statutory Amendments
  The State of Florida appealed the dismissal of antitrust charges against Dominic Stabile and Lucas Mesa. The trial court dismissed the charges twice—first because the state failed to comply with new statutory procedures enacted after charging, and second based on law of the case
• Alford v. Summerlin
  423 So. 2d 482· Fla. 1st DCA· 1982-12-14 ·cited 17×
  In this medical malpractice wrongful death action, the Florida First District Court of Appeal affirmed summary judgment for the defendant physician based on the statute of limitations. The court held that the plaintiff failed to establish by evidence that he discovered the defend
• Grace v. Butterworth
  635 F.2d 1· 1st Cir.· 1980-06-27 ·cited 17×
  The court affirmed the denial of habeas corpus, holding that the appellants' claims regarding jury instructions were procedurally defaulted or did not rise to the level of constitutional error.
• Manganiello v. Manganiello
  359 So. 2d 26· Fla. 3d DCA· 1978-05-30 ·cited 17×
  A pre-1973 divorce decree requiring child support without a termination date obligates the husband to pay until the child reaches twenty-one, unless modified under Section 61.14, Florida Statutes.
• United States v. Karp
  508 F.2d 1122· 9th Cir.· 1974-12-04 ·cited 17×
  The court held that the rule established in United States v. McCormick regarding warrantless seizures for forfeiture should be applied prospectively only.
• The Exch. Nat'l Bank OF Tampa v. Hosp. & Welf. Bd. OF Hillsborough Cnty.
  181 So. 2d 9· Fla. 2d DCA· 1965-12-10 ·cited 17×
  Exchange National Bank, as executor of Carlo Falcone's estate, appealed a judgment requiring it to pay the Hospital and Welfare Board of Hillsborough County approximately $8,000 for hospital services rendered to the deceased. The appellate court affirmed, holding that the estate
• Glaze v. Worley
  157 So. 3d 552· Fla. 1st DCA· 2015-03-03 ·cited 16×
  The court reversed a summary judgment in a slip-and-fall negligence case, holding that section 768.0710 (the pre-2010 statute) applies to the accident, and that evidence of water flowing from Chick-fil-A's employee-only service area creates a genuine issue of material fact regard
• Daniel Weingrad, M.D. v. Miles
  29 So. 3d 406· Fla. 3d DCA· 2010-03-03 ·cited 16×
  Dr. Weingrad appeals a $1.5 million noneconomic damages award, arguing that Florida's 2003 statutory cap on noneconomic damages in medical malpractice cases ($500,000) cannot be retroactively applied to his case. The Third District reverses, holding that the cap can constitutiona
• Thompson v. State
  887 So. 2d 1260· Fla.· 2004-11-10 ·cited 16×
  Thompson was convicted of felony driving with a suspended license based on prior DWLS convictions that occurred under an earlier statute lacking a knowledge element. The Florida Supreme Court held that due process requires the State to prove all elements of the current offense, i
• 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
• State v. Goad
  754 So. 2d 95· Fla. 1st DCA· 2000-03-13 ·cited 16×
  The Florida Department of Corrections sought to recover incarceration costs from an inmate under sections 960.293 and 960.297, which allow the state to charge inmates $50 per day for subsistence costs. The court held that these statutes can be applied retroactively to inmates inc
• State v. Hootman
  709 So. 2d 1357· Fla.· 1998-03-26 ·cited 16×
  The Florida Supreme Court held that a newly enacted aggravating factor for capital sentencing (victim's advanced age or disability) cannot be retroactively applied to a murder committed before the statute's enactment, as doing so would violate the Ex Post Facto Clause of both the
• Roberts v. Butterworth
  668 So. 2d 580· Fla.· 1996-02-21 ·cited 16×
  The court held that handwritten notes were properly withheld as non-public or exempt work product, and clemency materials are confidential and not subject to public records disclosure.
• Lutz v. State
  664 So. 2d 1060· Fla. 4th DCA· 1995-11-29 ·cited 16×·via Retroactivity Of Statutory Amendments
  John Lutz appeals his conviction and adult sentence for burglary and grand theft committed as a minor. The court affirms because the effective date of an amended statute eliminated the former requirement for contemporaneous written findings supporting adult sanctions, and Lutz's
• Henley v. Slone
  961 F.2d 23· 2d Cir.· 1992-03-23 ·cited 16×
  The court held that Section 27A requires application of the laws, including retroactivity principles, as they existed on June 19, 1991, to determine the timeliness of securities fraud actions commenced before that date.
• B & B Steel Erectors & Claims Ctr. v. Burnsed
  591 So. 2d 644· Fla. 1st DCA· 1991-12-03 ·cited 16×
  B & B Steel Erectors and its insurance carrier appealed an award of workers' compensation benefits to William Burnsed, who suffered paraplegia from a workplace fall. The court affirmed the award, holding that under the 1990 Workers' Compensation Act as reenacted in 1991, corporat
• Rivera v. United States
  924 F.2d 948· 9th Cir.· 1991-01-31 ·cited 16×
  The Whistleblower Protection Act of 1989 does not authorize federal employees to bring Federal Tort Claims Act claims for conduct already addressed by the Civil Service Reform Act's remedial scheme.
• United States v. Elwood Schular, Jr.
  907 F.2d 294· 2d Cir.· 1990-06-27 ·cited 16×
  The court held that while some upward departure was warranted based on the defendant's knowledge of his customers' criminal intent, the extent of the departure was unreasonable and required resentencing.
• In re Pac. FAR E. Lines, Inc. v. Wyle
  889 F.2d 242· 9th Cir.· 1989-11-08 ·cited 16×
  The court held that the bankruptcy court had jurisdiction to order a refund of RSEF contributions paid under the 1898 Act, and that the 1984 RSEF Act's $200,000 cap applied retroactively to fees already paid in pending cases.
• Gooding v. Shearson Lehman Bros. Inc.
  878 F.2d 281· 9th Cir.· 1989-06-23 ·cited 16×
  The court held that an arbitration clause's express exclusion of federal securities claims, even if initially included due to a rescinded rule, must be enforced as written, granting the customer the right to litigate those claims.
• United States v. Facchini
  874 F.2d 638· 9th Cir.· 1989-05-09 ·cited 16×
• United States v. Davis
  871 F.2d 71· 8th Cir.· 1989-03-22 ·cited 16×
  The court held that the district court's finding that the government articulated racially neutral reasons for its peremptory challenges was not clearly erroneous.
• MAX M. and his parents Mr. and Mrs. M. v. NEW Trier High Sch. Dist. NO. 203
  859 F.2d 1297· 7th Cir.· 1988-10-19 ·cited 16×
  The Handicapped Children’s Protection Act of 1986 applies retroactively to cases pending on July 4, 1984, and the district court did not abuse its discretion in awarding attorneys' fees.
• OIL v. Nat'l Labor Relations Bd.
  842 F.2d 1141· 9th Cir.· 1988-03-28 ·cited 16×
  The court held that the NLRB erred by retroactively applying a new standard for interpreting no-strike clauses and by failing to consider extrinsic evidence of the parties' intent when determining if a broad no-strike clause waived the right to engage in sympathy strikes.
• Pait v. Ford Motor Co.
  515 So. 2d 1278· Fla.· 1987-12-03 ·cited 16×
  The Florida Supreme Court held that a legislative amendment abolishing the statute of repose in product liability actions does not apply retroactively to causes of action that accrued before the amendment's effective date. The Court affirmed the dismissal of a wrongful death acti
• Condo. Ass'n OF Plaza Towers N., Inc. v. Plaza Rec. Dev. Corp.
  514 So. 2d 381· Fla. 3d DCA· 1987-09-15 ·cited 16×
  The court affirmed a lower court's judgment enforcing a rent escalation clause in a condominium recreational lease. The court held that a statute invalidating such clauses could not be applied retroactively to a lease entered into before the statute's effective date, as the parti
• Yakima Valley Cablevision, Inc. v. Fed. Commc'ns Comm'n & the United States
  794 F.2d 737· D.C. Cir.· 1986-07-08 ·cited 16×
  The court held that the FCC's decision to retroactively change its policy and refuse to resolve franchise fee disputes arising before the Cable Act was arbitrary and capricious due to a lack of reasoned explanation. However, the court deferred ruling on the Cable Act issues to a
• Keith Fulton & Sons, Inc. v. NEW England Teamsters & Trucking Indus. Pension Fund, Inc.
  762 F.2d 1137· 1st Cir.· 1985-05-23 ·cited 16×
  The court held that the Multiemployer Pension Plan Amendments Act (MPPAA) did not violate due process by requiring employers to make withdrawal liability payments, even if withdrawal was involuntary.
• Easley v. Empire Inc. & Empiregas
  757 F.2d 923· 8th Cir.· 1985-03-20 ·cited 16×·via Retroactivity Of Statutory Amendments
  The court affirmed the judgments, finding no merit in the appellants' arguments regarding the directed verdict on the service letter issue, the applicability of a statutory amendment to punitive damages, the sufficiency of evidence for sex discrimination, or the excessiveness of
• Brown v. State
  460 So. 2d 427· Fla. 5th DCA· 1984-11-15 ·cited 16×
  Charles Brown appeals his split sentence (8 years imprisonment plus 7 years probation) for arson, arguing it violates the Villery doctrine. The court holds that while the 1983 Correctional Reform Act statutorily abolished Villery's restrictions on split sentences, the new sentenc
• Weeks v. Remington Arms Co., Inc.
  733 F.2d 1485· 11th Cir.· 1984-06-07 ·cited 16×·via Retrospective Operation Of Statutes
  The court held that the strict liability claim was time-barred by Georgia's ten-year statute of repose, but the negligence claims and discovery of similar accident files should have been allowed.
• Dante Ferrazza v. Mintzes
  735 F.2d 967· 6th Cir.· 1984-05-25 ·cited 16×
  Due process does not require a lesser included homicide offense instruction when the evidence clearly supports a first-degree murder conviction and does not warrant an instruction on a less culpable intent.
• In re Grand Jury Investigation v. United States
  719 F.2d 985· 9th Cir.· 1983-11-01 ·cited 16×
  The court held that the district court erred in ordering disclosure of grand jury materials to the IRS for civil tax liability assessment under Rule 6(e)(3)(C)(i) because the IRS's administrative tax investigation is not a judicial proceeding and the government failed to demonstr
• Scuncio Motors, Inc. v. Subaru OF NEW England, Inc.
  715 F.2d 10· 1st Cir.· 1983-08-17 ·cited 16×
  The court held that the 1982 amendment to Rhode Island's Dealers' Law does not apply retroactively to invalidate a 1981 franchise agreement's relocation clause.
• Shook & Fletcher Insulation Co. v. Cent. Rigging & Contracting Corp.
  684 F.2d 1383· 11th Cir.· 1982-09-07 ·cited 16×
  The court held that the trial court erred in denying prejudgment interest and in refusing to apply the amended statutory post-judgment interest rate, reversing that part of the decision.
• Indianapolis Power & Light Co. v. Interstate Commerce Comm'n & United States
  687 F.2d 1098· 7th Cir.· 1982-09-03 ·cited 16×
  The court held that the ICC erred in classifying specific Indiana intrastate coal rate increases as 'general rate increases' under the Staggers Act and in applying the Act retroactively to prior state commission decisions.
• Elkins v. Sec'y OF Health & Human Servs.
  658 F.2d 437· 6th Cir.· 1981-08-27 ·cited 16×
  The court held that the denial of pre-Reform Act black lung benefits was supported by substantial evidence, and the Reform Act's more liberal standards did not apply to pending Part B claims. Attorney fees were also denied.
• Turner v. Louie L. Wainwright
  379 So. 2d 148· Fla. 1st DCA· 1980-01-16 ·cited 16×
  The Florida District Court of Appeal held that the Parole and Probation Commission is subject to Florida's public meetings law (Section 286.011) and cannot conduct parole or mandatory conditional release revocation proceedings in closed sessions. The court rejected the Commission
• Nacirema Operating Co. & the Travelers Ins. Co. v. Dorothy Lynn and the Director
  577 F.2d 852· 3d Cir.· 1978-06-05 ·cited 16×·via Retroactive Legislation
  The 1972 amendment to the Longshoremen's and Harbor Workers' Compensation Act, expanding death benefits, applies to claims where the injury occurred before 1972 but the death occurred after, and is not unconstitutionally retroactive.
• White v. Warden, United States Penitentiary
  566 F.2d 57· 9th Cir.· 1977-11-15 ·cited 16×
  The Parole Commission and Reorganization Act of 1976 does not apply retroactively to grant credit for time spent on parole prior to its effective date.
• White v. Estelle
  556 F.2d 1366· 5th Cir.· 1977-08-08 ·cited 16×
  The court held that a 1976 statute retroactively validated a magistrate's evidentiary hearing, and the state court's findings were not entitled to a presumption of correctness due to insufficient written indicia.
• Bourns, Inc. v. The United States
  537 F.2d 486· Ct. Cl.· 1976-07-09 ·cited 16×
  Collateral estoppel applies to both previously litigated and unadjudicated patent claims if the issues are substantially identical, preventing relitigation.
• Dortha Allen GUY v. Robbins & Myers, Inc.
  525 F.2d 124· 6th Cir.· 1975-10-24 ·cited 16×·via Retroactivity Of Statutory Amendments
  The court did not directly rule on the retroactivity of the 1972 amendment but noted the issue was not presented to the District Court.
• William Mariniello t/a J & B Shell Station, Inc. v. Shell OIL Co.
  511 F.2d 853· 3d Cir.· 1975-02-14 ·cited 16×
  The court held that the New Jersey Supreme Court's decision, requiring good cause for franchise termination, does not violate the Supremacy Clause by conflicting with the federal Lanham Act, and that the claim of unconstitutional impairment of contract is unpersuasive.
• Wardell F. Clark v. Captain R. W. Goode
  499 F.2d 130· 4th Cir.· 1974-07-03 ·cited 16×
  The court held that the plaintiff's claim was not pending administratively on the effective date of Title VII amendments and that even if it were, the plaintiff failed to file suit within the statutory thirty-day period after final administrative action.
• Harris v. Procunier
  498 F.2d 576· 9th Cir.· 1974-05-22 ·cited 16×
  The court concurs in the reversal of the judgment, finding that the absence of counsel at the time of waiver undermines confidence in the reliability of the process leading to trial.
• Finn v. Finn
  294 So. 2d 57· Fla. 3d DCA· 1974-04-02 ·cited 16×
  A post-judgment order requiring child support payments until children reach age 21 is affirmed, as the statute removing the disability of nonage did not affect pre-existing support obligations.
• The Farmington River Power Co. v. Fed. Power Comm'n
  455 F.2d 86· 2d Cir.· 1972-01-20 ·cited 16×
  The court held that the Federal Water Power Act of 1920, as amended, does not require a license for a dam constructed on a nonnavigable stream prior to the 1935 amendments, absent clear intent for retroactive application.
• United States v. Binder
  453 F.2d 805· 2d Cir.· 1971-12-16 ·cited 16×·via Retroactive Tax Legislation
  The court held that the appellants' convictions for conspiracy and substantive offenses related to evading the Interest Equalization Tax did not violate the ex post facto clause, as their illegal acts occurred after the tax became effective.
• Plaquemines OIL & GAS Co. v. Fed. Power Comm'n
  450 F.2d 1334· D.C. Cir.· 1971-09-28 ·cited 16×
  The court held that the Federal Power Commission erred in summarily ordering Plaquemines to refund all sums from a 1964 rate increase without first determining its validity under the Natural Gas Act.