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

• Smith v. SNO Eagles Snowmobile Club, Inc.
  823 F.2d 1193· 7th Cir.· 1987-07-16 ·cited 12×
  The court held that the defendants, Sno Eagles and Headwaters, were 'occupants' under Wisconsin's Recreational Use Statute and their actions did not rise to the level of willful misconduct, thus they were immune from liability.
• United States v. Harrol Jerry Holley
  818 F.2d 351· 5th Cir.· 1987-05-22 ·cited 12×·via Retroactivity Of Statutory Amendments
  The court held that the defendant's conviction and sentence for federal firearms violations were valid, as the relevant statutory amendment was not retroactive and did not apply to his prior conduct.
• Stanley v. State
  507 So. 2d 1131· Fla. 5th DCA· 1987-04-09 ·cited 12×
  A trial court cannot impose a departure sentence based on the quantity of cannabis possessed when the statute prescribes no distinction between quantities within the statutory range, as such an enhancement invades the legislative province.
• United States v. Breier
  813 F.2d 212· 9th Cir.· 1987-03-16 ·cited 12×
• Wallis v. The Grumman Corp.
  503 So. 2d 366· Fla. 3d DCA· 1987-02-24 ·cited 12×·via Retrospective Operation Of Statutes
• Melendez v. Dreis & Krump Mfg. Co.
  503 So. 2d 365· Fla. 3d DCA· 1987-02-17 ·cited 12×·via Retrospective Operation Of Statutes
• Brackenridge v. Ametek, Inc.
  503 So. 2d 363· Fla. 3d DCA· 1987-02-10 ·cited 12×·via Retrospective Operation Of Statutes
• Tuerk v. Allstate Ins. Co.
  498 So. 2d 504· Fla. 3d DCA· 1986-11-12 ·cited 12×
  Appellants Pena and Tuerk appealed the trial courts' awards of attorney's fees in their insurance disputes with Allstate, and the denial of expert witness fees. The appellate court affirmed Pena's attorney's fees award but reversed Tuerk's, finding the trial court erred in limiti
• Triplett v. The Bhd. OF Ry.
  801 F.2d 700· 4th Cir.· 1986-09-23 ·cited 12×
  The court held that the six-month statute of limitations from DelCostello v. International Brotherhood of Teamsters applies to breach of contract and duty of fair representation claims under the Railway Labor Act and should be applied retroactively.
• United States v. Carter
  801 F.2d 78· 2d Cir.· 1986-09-11 ·cited 12×
  The court held that the evidence was sufficient to convict the defendants of dealing in firearms without a license and affirmed the judgments of conviction.
• Warner-Lambert Co., Inc. v. United Retail & Wholesale Emp's. Teamster Local NO. 115 Pension Plan
  791 F.2d 283· 3d Cir.· 1986-05-30 ·cited 12×
  The court held that the date of withdrawal is an issue for arbitration, not pure statutory construction, and affirmed the district court's decision to defer this issue.
• Rowland v. Safeco Ins. Co. of Am.
  634 F. Supp. 613· M.D. Fla.· 1986-03-04 ·cited 12×
  The court held that the plaintiffs' amended complaint stated a cause of action for bad faith refusal to settle an insurance claim under Fla.Stat. § 624.155(1)(b)1.
• Long Island OIL Prods. Co., Inc. v. Local 553 Pension Fund & Bernard Pellegrino
  775 F.2d 24· 2d Cir.· 1985-09-27 ·cited 12×·via Retroactive Legislation
  Congress does not violate due process by enacting a retroactive law and then repealing its retroactive effect, provided the repeal is supported by a rational legislative purpose and rational means.
• Ralis v. Rfe/Rl, Inc
  770 F.2d 1121· D.C. Cir.· 1985-08-16 ·cited 12×
  The court held that the 1984 ADEA amendment extending coverage to U.S. citizens employed abroad does not apply retroactively to actions taken in 1981, as doing so would impose a new, substantive liability and constitute a manifest injustice.
• United States ex rel. Fred Reed v. Lane
  759 F.2d 618· 7th Cir.· 1985-04-10 ·cited 12×
  The dissenting judge believes the petitioner had adequate notice that the compulsion defense would not be available due to his participation in a second murder.
• United States v. Whitley
  759 F.2d 327· 4th Cir.· 1985-03-29 ·cited 12×
  A defendant resentenced after a successful collateral attack on an initial plea should not receive a harsher sentence unless the judge articulates a reason adequate to justify the increase.
• Taxpayers FOR THE Animas-La Plata Referendum v. Animas-La Plata Water Conservancy Dist.
  739 F.2d 1472· 10th Cir.· 1984-07-11 ·cited 12×·via Retroactive Legislation
  The court held that House Bill 1272 was constitutional, did not violate the Supremacy Clause, and was not unlawful retroactive legislation, thereby mooting the plaintiff's claims for declaratory and injunctive relief. The court also affirmed the dismissal of damages claims due to
• Dep't OF Transp. v. Paige Soldovere
  452 So. 2d 11· Fla. 1st DCA· 1984-04-03 ·cited 12×
  The Department of Transportation appealed a change of venue order transferring a negligence action from Leon County back to Palm Beach County. The court affirmed, holding that the plaintiff properly objected to venue in Leon County based on newly decided case law interpreting the
• Camitsch v. Risley
  705 F.2d 351· 9th Cir.· 1983-05-03 ·cited 12×
  The court held that the denial of access to juvenile witness case files did not violate the defendant's confrontation rights, and the application of a narrower state law standard for jury instructions on appeal did not violate due process.
• First Nat'l Bank OF Mobile v. Alton A. Norris
  701 F.2d 902· 11th Cir.· 1983-03-28 ·cited 12×·via Retroactivity Of Statutory Amendments
  The trustee's objection to the homestead exemption amount was sufficient, and the debtors are limited to the $2,000 exemption available under Alabama law at the time their debts were incurred.
• Harper-Grace Hosps. v. Schweiker
  708 F.2d 199· 6th Cir.· 1983-03-23 ·cited 12×
  The court denied the petition for rehearing, affirming that the new Medicare Act amendment, which excluded Hill-Burton expenses from reimbursement, was constitutional and applicable to the petitioner's claim.
• Est. OF Jane B. Ceppi v. Commissioner OF Internal Revenue
  698 F.2d 17· 1st Cir.· 1983-01-11 ·cited 12×·via Retroactive Tax Legislation
  The court held that while the 1976 version of the statute supported the taxpayer's 'subtraction out' theory, the retroactive application of the 1978 version, adopting the IRS's 'de minimis' theory, was constitutional and thus the estate tax exclusion was not allowed.
• Rudolph v. Unger
  417 So. 2d 1095· Fla. 3d DCA· 1982-08-10 ·cited 12×
  A mortgagor sought attorney's fees from a mortgagee for releasing only part of property encumbered by a 1974 mortgage. The court held that attorney's fees under Florida Statute Section 701.04 (amended in 1980) are only recoverable when a mortgage is fully satisfied, not upon part
• Bray v. Dir., Off. OF Workers' Comp. Programs, U. S. Dep't OF Labor, Transp. Indem. Co. & Aetna Cas. & Sur. Co.
  664 F.2d 1045· 5th Cir.· 1981-12-28 ·cited 12×·via Retroactivity Of Statutory Amendments
  The Benefits Review Board had jurisdiction to hear the claimant's administrative appeal of the deputy commissioner's supplementary order regarding benefit payments.
• The State OF W. Va. v. Secretary OF Education
  667 F.2d 417· 4th Cir.· 1981-10-15 ·cited 12×
  The court held that the Secretary of Education acted within statutory authority and on a substantial factual basis when ordering the refund of Title I funds.
• Regency Wood Condo., Inc. v. Bessent
  405 So. 2d 440· Fla. 1st DCA· 1981-10-14 ·cited 12×
  Regency Wood Condominium, a condominium association, sued developers and contractors for defects in a common element (Greencastle Drive) caused by improper drainage design and construction. The trial court dismissed the complaint as barred by the statute of limitations, but the a
• Glass Containers Corp. v. Miller Brewing Co.
  643 F.2d 308· 5th Cir.· 1981-04-22 ·cited 12×
  The court held that the defendant waived its affirmative defense by failing to plead it and that the plaintiff was entitled to attorney's fees under a subsequently amended statute applied retroactively.
• Standford Birnholz v. Steisel
  394 So. 2d 523· Fla. 3d DCA· 1981-02-24 ·cited 12×
  This case concerns the statute of limitations for attorney's fees. The court held that the statute of limitations for attorney fees begins to run when the services are completed, not when payment is demanded. The court also addressed the retroactivity of a statutory change in the
• Brown v. State
  392 So. 2d 280· Fla. 1st DCA· 1980-12-02 ·cited 12×·via Retrospective Application
  The Florida Court of Appeal reversed a drug conviction because the warrantless entry into the defendant's home to arrest him violated the Fourth Amendment under Payton v. New York. The court allowed suppression of evidence seized during the arrest but upheld the search warrant ev
• Amchem Prods., Inc. v. GAF Corp. & Douglas M. Costle
  594 F.2d 470· 5th Cir.· 1979-05-07 ·cited 12×
  The court held that the amendments to FIFRA requiring compensation for the use of scientific test data were effective upon enactment of FEPCA, not upon the promulgation of implementing regulations.
• Seddon v. Harpster
  369 So. 2d 662· Fla. 2d DCA· 1979-04-11 ·cited 12×
  Sara Jane Seddon appeals a judgment of ejectment holding that she wrongfully occupied land belonging to the Harpsters. The court rejects all of Seddon's defenses, including adverse possession, and certifies to the Florida Supreme Court a question regarding whether the seven-year
• Yakim v. Califano
  587 F.2d 149· 3d Cir.· 1978-11-16 ·cited 12×
  The 1977 amendments to the Federal Coal Mine Health and Safety Act are not to be applied retroactively to cases pending in the courts, absent explicit statutory direction or legislative history to the contrary.
• Monroe v. Cnty. Bd. OF Educ. OF Madison Cnty.
  583 F.2d 263· 6th Cir.· 1978-08-22 ·cited 12×
  The court held that the Emergency School Aid Act and the Civil Rights Attorney’s Fees Awards Act of 1976 apply to pending cases, entitling prevailing parties to attorney fees.
• In re Est. of Clifford M. Jelley v. Hitt
  360 So. 2d 1313· Fla. 2d DCA· 1978-08-02 ·cited 12×
  Katherine Stevens appealed an order disallowing her claim against a decedent's estate under a new statute of limitations. The court held that a newly enacted statute shortening the limitations period for undisposed estate claims does not apply retroactively to claims filed before
• Wis. Nipple & Fabricating Corp. v. Commissioner OF Internal Revenue
  581 F.2d 1235· 7th Cir.· 1978-07-26 ·cited 12×
  The Commissioner did not abuse his discretion in retroactively revoking his determination that the taxpayer's profit-sharing plan was qualified, as the taxpayer could not reasonably rely on prior determination letters in light of intervening revenue rulings.
• Puget Sound Power & Light Co. v. Fed. Power Comm'n
  557 F.2d 1311· 9th Cir.· 1977-07-21 ·cited 12×
  The court held that substantial repairs and restoration to a pre-1935 hydroelectric project do not constitute 'construction' under Section 23(b) of the Federal Power Act, and therefore do not subject the project to the FPC's licensing jurisdiction.
• Mosher v. Mosher
  321 So. 2d 450· Fla. 2d DCA· 1975-11-07 ·cited 12×
  In this divorce modification case, the trial court retroactively applied the 'no-fault divorce' law's rehabilitative alimony concept to reduce and ultimately terminate permanent alimony awarded before the no-fault law took effect. The appellate court reversed, holding that the re
• United States v. Marks
  520 F.2d 913· 6th Cir.· 1975-07-30 ·cited 12×
  The court held that applying the Miller obscenity standard retroactively to conduct occurring before Miller was decided is improper.
• Marshall v. Johnson
  301 So. 2d 134· Fla. 1st DCA· 1974-10-08 ·cited 12×
  The court held that the new long-arm statute, § 48.193, Florida Statutes, could not be applied retroactively to establish jurisdiction over appellants for a cause of action that accrued before the statute's enactment and when appellants no longer owned the property.
• Garfield Jefferson v. United States
  488 F.2d 391· 5th Cir.· 1974-01-14 ·cited 12×·via Retrospective Application
  The court held that a prior conviction under the Marijuana Tax Act, 26 U.S.C.A. § 4744(a)(1), which violated the Fifth Amendment privilege against self-incrimination, must be vacated if the defendant did not knowingly waive this defense by pleading guilty.
• United States v. Marshall
  471 F.2d 1051· D.C. Cir.· 1972-10-20 ·cited 12×·via Retrospective Application
  The court held that the district court properly submitted the issue of insanity to the jury and that a variance between the indictment and proof was not fatal.
• Wilson v. Retail Credit Co.
  457 F.2d 1406· 5th Cir.· 1972-04-14 ·cited 12×·via Statutory Retroactivity
• Shanahan v. The United States
  447 F.2d 1082· 10th Cir.· 1971-08-27 ·cited 12×·via Retroactive Tax Legislation
  The court held that the retroactive application of Internal Revenue Code § 483 to impute interest on an installment sale contract was constitutional and did not violate due process.
• Staros v. Avalon Shores, Inc.
  249 So. 2d 448· Fla. 1st DCA· 1971-06-01 ·cited 12×
  The court held that while a loan infected with usury warrants cancellation of interest, the principal amount remains enforceable. The trial court erred in cancelling both principal and interest based on a repealed criminal usury statute or a civil statute that did not authorize p
• Gianatasio v. First Lieutenant Eamonn M. Whyte
  426 F.2d 908· 2d Cir.· 1970-06-02 ·cited 12×
  The court held that the National Guard's order for active duty due to unsatisfactory participation based on hair length did not violate the appellant's constitutional rights or contractual agreements.
• Porter v. Ashmore
  421 F.2d 1186· 4th Cir.· 1970-02-10 ·cited 12×·via Retrospective Application
  The court held that the search incident to a lawful arrest was valid under pre-Chimel law and that the Chimel rule applies only prospectively.
• Still v. Nichols
  412 F.2d 778· 1st Cir.· 1969-06-05 ·cited 12×
  The district court correctly dismissed the civil rights action for damages and injunctive relief due to the complainant's failure to exhaust state remedies and the impropriety of using such an action to obtain release from custody.
• United States v. Whitfield
  411 F.2d 545· 8th Cir.· 1969-05-29 ·cited 12×
  A defendant is not entitled to credit for pre-sentence incarceration under the prior version of 18 U.S.C. § 3568 unless the sentence imposed was a mandatory minimum.
• Mfr's. Nat'l Bank OF Detroit v. Hartmeister
  411 F.2d 173· 10th Cir.· 1969-04-21 ·cited 12×
  The court held that an employee acting as an agent for his employer's wholly-owned corporations, with respect to properties owned by those corporations, is not acting as a real estate broker and is therefore not subject to real estate licensing requirements. The court also held t
• Pittsburgh Hotels Ass'n, Inc. v. The Urban Redev. Auth. OF Pittsburgh
  309 F.2d 186· 3d Cir.· 1962-10-22 ·cited 12×
  The court held that the 1959 amendment to the Housing Act does not apply retroactively to urban renewal plans approved before its effective date, and thus does not grant plaintiffs standing to sue.