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

• Phillips Petroleum Co. v. United States Env't Prot. Agency
  803 F.2d 545· 10th Cir.· 1986-10-10 ·cited 14×
  The court held that it has jurisdiction to review the EPA's regulation and that the Safe Drinking Water Act empowers the EPA to promulgate underground injection control regulations for Indian lands.
• Canisius Coll. v. United States
  799 F.2d 18· 2d Cir.· 1986-08-20 ·cited 14×·via Retroactive Tax Legislation
  The court held that the 1984 Deficit Reduction Act retroactively validated FICA taxes paid under Revenue Ruling 65-208, and this retroactive application is constitutional.
• van Horn v. State
  485 So. 2d 1380· Fla. 3d DCA· 1986-04-08 ·cited 14×
  Timothy Van Horn appealed his sentencing, arguing that applying amended sentencing guidelines effective July 1, 1984 to crimes committed on March 11, 1984 violated the ex post facto clause. The court affirmed the sentence, rejecting the constitutional challenge and certifying to
• State Farm Mut. Auto. Ins. Co. v. Gant
  478 So. 2d 25· Fla.· 1985-09-26 ·cited 14×
  Applying a statutory amendment allowing stacking of uninsured motorist coverage to a policy entered into before the amendment's effective date, and containing an anti-stacking provision, unconstitutionally impairs the contract.
• United States v. Draper
  762 F.2d 81· 10th Cir.· 1985-05-09 ·cited 14×
  The court held that the trial court did not abuse its discretion in granting a new trial based on discrepancies in witness testimony, and that the new statute allowing such appeals could be applied retroactively.
• Robert M.T. Wilson v. Turnage
  755 F.2d 967· D.C. Cir.· 1985-02-26 ·cited 14×
  The court vacated its prior opinion and transferred the case to the Federal Circuit, recognizing that court's exclusive jurisdiction over Tucker Act appeals.
• Dorothy M. Farish for Shirley F. Farish v. Courion Indus., Inc.
  754 F.2d 1111· 4th Cir.· 1985-02-11 ·cited 14×
  The dissenting judge would hold that the anti-privity statute was intended to apply to the cases, reversing the majority's decision.
• United States v. Waste Indus., Inc.
  734 F.2d 159· 4th Cir.· 1984-05-08 ·cited 14×
  The court held that section 7003 of the Resource Conservation and Recovery Act (RCRA) authorizes the EPA to seek injunctive relief to abate environmental hazards caused by past disposal of hazardous waste, even if the disposal itself has ceased.
• In re Lara v. Lara
  731 F.2d 1455· 9th Cir.· 1984-05-01 ·cited 14×
  A loan made by a licensed real estate broker is exempt from usury laws, even if the broker is not acting in their licensed capacity. However, a loan 'arranged' by a broker requires the broker to be acting in their licensed capacity.
• Atl. Nat'l Bank OF Fla. v. Tworoger
  448 So. 2d 616· Fla. 3d DCA· 1984-04-17 ·cited 14×
  Atlantic National Bank appealed a trial court's award of attorneys' fees to mortgagors under Florida Statute Section 701.04, which requires satisfaction of paid mortgages. The court held that Section 701.04's attorneys' fees provision applies only to actions brought by those who
• Cal. Tribal Chairman's Ass'n v. United States Dep't OF Labor
  730 F.2d 1289· 9th Cir.· 1984-04-11 ·cited 14×·via Retroactivity Of Statutory Amendments
  The court held that the Department of Labor has the authority under the 1973 CETA Act to recover misspent grant funds from a recipient's general funds.
• Recon Paving, Inc. v. Cook
  439 So. 2d 1019· Fla. 1st DCA· 1983-10-31 ·cited 14×
  This workers' compensation appeal addresses whether a 1982 Florida statute retroactively increased permanent impairment benefits for an employee who lost vision in 1981. The court held that the 1982 amendment was prospective only, applying to injuries occurring after May 1, 1982,
• Pension Benefit Guar. Corp. v. Ouimet Corp.
  711 F.2d 1085· 1st Cir.· 1983-06-09 ·cited 14×
  The court held that the Ouimet Group's liability for pension plan termination under ERISA is not reducible by benefits accrued before Avon's membership, and the bankrupt entities' estates should not be prioritized over solvent members' liability to PBGC.
• Frazier v. Manson
  703 F.2d 30· 2d Cir.· 1983-03-07 ·cited 14×
  The court held that Connecticut's statute increasing good time credits for prisoners sentenced after October 1, 1976, does not violate the Equal Protection Clause because the distinction is rationally related to the legitimate state purpose of avoiding legislative encroachment on
• Coral Isle E. Condo. & Coral Isle W. Condo. v. Snyder
  395 So. 2d 1204· Fla. 3d DCA· 1981-03-10 ·cited 14×
  The court held that Section 718.401(4), Florida Statutes (1979) was automatically incorporated into the condominium declarations, rendering it constitutional as applied.
• Knights OF the KU Klux Klan v. E. Baton Rouge Parish Sch. Bd.
  643 F.2d 1034· 5th Cir.· 1981-02-23 ·cited 14×
• Marston v. RED River Levee & Drainage Dist.
  632 F.2d 466· 5th Cir.· 1980-12-08 ·cited 14×·via Retroactive Legislation
  The court held that the amendments to the Louisiana statute regarding compensation for appropriated land did not alter the outcome, and attorneys' fees for the appeal were authorized and fixed by the court.
• Puig v. Standard Dredging Corp. & Travelers Ins. Co.
  599 F.2d 467· 1st Cir.· 1979-05-31 ·cited 14×
  The court held that applying the 1972 amendment to award death benefits for a death occurring after the amendment's effective date, even if the injury occurred prior, is a prospective application and does not violate the Fifth Amendment. The court also found the maritime nexus ar
• Todd Shipyards Corp. & The Travelers Ins. Co. v. Witthuhn
  596 F.2d 899· 9th Cir.· 1979-05-14 ·cited 14×
  The court held that amended Section 909 of the Longshoremen's and Harbor Workers' Compensation Act applies to death benefits when the death occurs after the amendment's effective date, even if the disabling injury occurred prior, and that this application is constitutional.
• Hall v. State
  358 So. 2d 891· Fla. 2d DCA· 1978-05-17 ·cited 14×
  The court held that the appellant is entitled to credit for time spent in the state hospital under commitment as a mentally disordered sex offender.
• Foley v. George A. Morris, M.D.
  325 So. 2d 37· Fla. 2d DCA· 1976-01-14 ·cited 14×
  A medical malpractice plaintiff appealed the dismissal of his complaint on statute of limitations grounds. The court held that when a new, shorter statute of limitations becomes effective, it applies prospectively to pre-existing causes of action if the plaintiff has received the
• DeLUCA v. Mathews
  297 So. 2d 854· Fla. 4th DCA· 1974-07-26 ·cited 14×
  The court held that the two-year statute of limitations for medical malpractice actions does not retroactively apply to alleged acts of malpractice that occurred prior to the statute's effective date, and that the term 'medical' malpractice includes osteopathy.
• Place v. Caspar Weinberger
  497 F.2d 412· 6th Cir.· 1974-05-15 ·cited 14×
  The court held that the Equal Employment Opportunity Act of 1972 does not apply retroactively to claims filed before its enactment, and that Executive Order 11478 does not confer subject matter jurisdiction.
• Brennan v. Gen. Tel. Co. OF Fla.
  488 F.2d 157· 5th Cir.· 1973-11-30 ·cited 14×
  The Consumer Credit Protection Act does not preclude an employer from discharging an employee based on garnishments that occurred prior to the Act's effective date.
• Toribio Villanueva-Jurado v. Immigr. & Naturalization Serv.
  482 F.2d 886· 5th Cir.· 1973-07-10 ·cited 14×
  The court held that the petitioner's claim of American citizenship based on his mother's status was without merit, and the deportation order was valid. Congress has broad power to define the requirements for citizenship, especially for those born abroad.
• United States v. Lewis
  478 F.2d 835· 5th Cir.· 1973-05-29 ·cited 14×
  Amounts paid as fines under a retroactively unconstitutional statute can be recovered in a coram nobis proceeding attacking the convictions.
• Ernest W. Lohf in Bankruptcy of the Estate of Sudler v. Casey
  466 F.2d 618· 10th Cir.· 1972-08-04 ·cited 14×
  The Securities Investor Protection Act of 1970 does not extend coverage to customers of a broker-dealer adjudicated bankrupt prior to the Act's effective date.
• Concerned Citizens OF Marlboro v. Volpe
  459 F.2d 332· 3d Cir.· 1972-04-28 ·cited 14×
  The court held that the Federal-Aid Highway Act and the National Environmental Policy Act did not apply retroactively to the Route 18 extension project, as federal approval and funding commitments occurred before the effective dates of these laws.
• State v. Talmadge A. Buchanan and David Shifrin
  207 So. 2d 711· Fla. 3d DCA· 1968-03-04 ·cited 14×
  The State of Florida appealed the trial court's decision to quash an information charging two defendants with conspiracy to commit bribery, arguing that the court erroneously applied Garrity v. New Jersey retroactively and that the defendants' grand jury testimony did not constit
• United States ex rel. Frank Sacco v. Kenton
  386 F.2d 143· 2d Cir.· 1967-11-09 ·cited 14×·via Retroactivity Of Statutory Amendments
  The court held that the 1966 amendment to 18 U.S.C. § 3568 was not retroactive and that the sentencing judge had properly considered pre-sentence credit.
• Dillon v. Peters
  341 F.2d 337· 10th Cir.· 1965-02-13 ·cited 14×·via Retrospective Application
  The court held that the Mapp v. Ohio exclusionary rule applies to convictions that were not final at the time Mapp was decided, and that failure to object to illegally obtained evidence does not constitute a waiver of rights in habeas corpus proceedings.
• United States v. Kershner
  228 F.2d 142· 6th Cir.· 1955-12-17 ·cited 14×
  The Immigration and Nationality Act of 1952's savings clause preserves an alien's previously acquired status of nondeportability unless the Act specifically provides otherwise.
• Nat'l Air Freight Forwarding Corp. v. Civil Aeronautics Bd.
  197 F.2d 384· D.C. Cir.· 1952-04-10 ·cited 14×
  The court held that the Civil Aeronautics Board (CAB) did not err in denying an air freight forwarder's application for operating authority due to its railroad control, nor was its treatment of other applicants discriminatory.
• Miller et ux. v. United States
  186 F.2d 937· 5th Cir.· 1951-01-10 ·cited 14×
  The court held that restitution for rental overcharges could be ordered even after rent control terminated, and that the amended Housing and Rent Act allowed recovery of damages for pre-Act overcharges.
• Schilder v. Gusik
  180 F.2d 662· 6th Cir.· 1950-03-20 ·cited 14×
  The court held that the habeas corpus writ was improvidently granted because the appellee had not exhausted the new remedy provided by amended Article of War 53, which is applicable even to convictions prior to its effective date.
• Hunter v. Beets
  180 F.2d 101· 10th Cir.· 1950-02-02 ·cited 14×
  The court held that a petitioner must exhaust the administrative remedy provided by Article 53 of the Articles of War before seeking habeas corpus relief, even if the judgment was entered before the amended articles became effective.
• Cobleigh v. Woods
  172 F.2d 167· 1st Cir.· 1949-01-26 ·cited 14×
  The court held that landlords who collected rent increases during a brief lapse in rent control were liable for overcharges, and the court could order restitution and award statutory damages.
• Jones v. Clemmer
  163 F.2d 852· D.C. Cir.· 1947-09-04 ·cited 14×
  The 1947 D.C. Parole Act, specifically its provision for earning commutation for good conduct after parole revocation, cannot be applied retroactively to a prisoner whose parole was revoked and whose good conduct occurred prior to the Act's effective date.
• DEL Guercio v. Gabot
  161 F.2d 559· 9th Cir.· 1947-05-13 ·cited 14×
  The court held that the petitioner, a Philippine national, was not considered an alien at the time of his offense, thus the deportation statute was inapplicable. The court affirmed the lower court's grant of the writ of habeas corpus.
• Miller v. State
  208 So. 3d 834· Fla. 3d DCA· 2017-01-25 ·cited 13×·via Retroactive Application Of Sentencing Statutes
  Miller, a juvenile offender sentenced to life in prison for first-degree murder in 1973, appealed the denial of his post-conviction relief motion. The court reversed and remanded for resentencing under Florida's new juvenile sentencing statutes, holding that all juveniles are ent
• Duer v. Moore
  765 So. 2d 743· Fla. 1st DCA· 2000-05-22 ·cited 13×
  Michael Duer challenged the Department of Corrections' application of amended gain-time statutes to his sentence for offenses allegedly committed between January and November 1995. The court held that because the information did not specify when the offenses occurred and evidence
• Nationwide Mut. Fire Ins. Co. v. MacDONALD
  645 So. 2d 1057· Fla. 4th DCA· 1994-11-16 ·cited 13×
  Nationwide Insurance appeals a judgment allowing parents to recover for mental pain and suffering in their adult son's wrongful death case under a newly amended Florida statute. The court affirms, holding that a wrongful death cause of action accrues on the date of death, not the
• Walsh v. Arrow AIR, Inc.
  629 So. 2d 144· Fla. 3d DCA· 1993-05-11 ·cited 13×
  Walsh, a flight engineer for Arrow Air, was terminated after reporting a serious hydraulic leak and grounding a flight for safety repairs. The court reversed the dismissal of his wrongful discharge claim, holding that Florida's newly enacted whistleblower statute (§448.102) appli
• Najar v. State
  614 So. 2d 644· Fla. 2d DCA· 1993-02-24 ·cited 13×
  Robert Najar appealed his concurrent life sentences for two sexual batteries committed against a single victim, arguing that the trial court erroneous doubled the victim injury points in the sentencing guidelines scoresheet. The Second District Court of Appeal agreed that victim
• Dorothy Baione for the Estate of Nickolas Baione v. Owens-Illinois, Inc.
  599 So. 2d 1377· Fla. 2d DCA· 1992-05-20 ·cited 13×
  In this asbestos wrongful death case, the Florida District Court of Appeal reversed a trial court's dismissal of strict liability counts and striking of punitive damages, holding that strict liability and negligence are alternative theories both available to plaintiffs in asbesto
• Martinez v. Ylst
  951 F.2d 1153· 9th Cir.· 1991-12-24 ·cited 13×
  The court held that the state waived its right to argue that the trial court's error was not cognizable on federal habeas corpus, and that the error was not harmless beyond a reasonable doubt.
• Jones v. State OF Ark.
  929 F.2d 375· 8th Cir.· 1991-03-27 ·cited 13×
  Sentencing a defendant under a habitual offender statute that was not in effect at the time of the offense and by its own terms does not apply to the defendant violates the ex post facto clause of the Constitution, denying due process.
• Stevens v. Allegro Leasing, Inc.
  562 So. 2d 380· Fla. 4th DCA· 1990-05-23 ·cited 13×
  The appellate court held that the trial court's application of the wrong statute, leading to penalties against the mortgagee, constituted fundamental error that could be raised for the first time on appeal.
• Azalean Stallworth v. City OF Cleveland
  893 F.2d 830· 6th Cir.· 1990-01-11 ·cited 13×
  The court affirmed the lower court's decision regarding vicarious liability and damages but reversed the award of prejudgment interest.
• Campbell v. Dominick & Dominick, Inc.
  872 F.2d 358· 11th Cir.· 1989-04-20 ·cited 13×
  The court held that the appeal must be dismissed because a new statute, 9 U.S.C. § 15, enacted while the appeal was pending, divests the court of jurisdiction over interlocutory orders compelling arbitration.