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

• FMC Wyo. Corp. v. Hodel
  816 F.2d 496· 10th Cir.· 1987-04-09 ·cited 8×
  The court held that the Secretary of the Interior's readjustment of coal lease royalty rates was both timely and lawful, affirming the application of the Federal Coal Leasing Amendments Act of 1976 to pre-existing leases with post-amendment anniversary dates.
• Dilla v. State
  503 So. 2d 1316· Fla. 2d DCA· 1987-03-04 ·cited 8×
  Michael Dilla appealed his sentencing for extortion, challenging the imposition of court costs under a statute that became effective after his crime was committed. The court held that applying the statute retroactively violated ex post facto provisions and that the trial court fa
• Snell v. State
  502 So. 2d 489· Fla. 4th DCA· 1987-02-11 ·cited 8×
  The court affirmed the conviction but reversed the order for restitution and costs.
• Olita D. Wilson v. Harris Tr. & Sav. Bank
  777 F.2d 1246· 7th Cir.· 1985-11-26 ·cited 8×
  The court held that 11 U.S.C. § 525, as it existed prior to the 1984 amendment, did not apply to private employers and therefore did not prohibit a private employer from terminating an employee due to bankruptcy.
• Graham v. Commissioner OF Internal Revenue
  770 F.2d 381· 3d Cir.· 1985-08-28 ·cited 8×
  The court held that IRS agents' good faith reliance on facially valid Rule 6(e) orders, even if later deemed invalid, permits the use of information obtained from grand jury materials as a basis for tax deficiency notices.
• Toinette Durring and Regina Everett v. Reynolds
  471 So. 2d 603· Fla. 1st DCA· 1985-06-18 ·cited 8×
  Toinette Durring and Regina Everett were injured in an automobile accident on an interstate highway designed by Reynolds, Smith & Hills in 1958-1962. They sued for negligent design in 1983, but the defendant sought summary judgment based on a 15-year statute of repose enacted in
• United States v. Montgomery Cnty.
  761 F.2d 998· 4th Cir.· 1985-05-09 ·cited 8×
  The court held that the Montgomery County transient rental tax was intended to apply to the occupants of hotel rooms, not the entity that booked the rooms, and therefore the tax did not violate the Supremacy Clause when applied to the National Institutes of Health.
• United States v. Ilario M.A. Zannino
  761 F.2d 52· 1st Cir.· 1985-05-03 ·cited 8×
  The dissenting judge believes Congress did not intend the new Bail Act's 'dangerous person' detention provision to apply retroactively to individuals already released on bail before the Act's passage.
• Alexander v. Robinson
  756 F.2d 1153· 5th Cir.· 1985-04-08 ·cited 8×
  The court held that the reduction of current food stamp benefits to offset past inadvertent overissuances is a prospective application of the statute, and even if considered retroactive, the statute is remedial and can be applied retroactively.
• Tindall v. James E. Miller, M.D.
  463 So. 2d 1262· Fla. 2d DCA· 1985-01-23 ·cited 8×
  In a medical malpractice case, the trial court awarded attorney's fees to the prevailing defendants under Florida Statute §768.56. The appellate court reversed, holding that the statute cannot be retroactively applied to causes of action that accrued before the statute's effectiv
• League OF Women Voters OF Tulsa, Inc. v. The United States Corps OF Eng'rs
  730 F.2d 579· 10th Cir.· 1984-03-14 ·cited 8×
  The court held that the final contract for water storage space was not a major federal action requiring a NEPA impact statement because all significant decisions and actions regarding the project and the contract's subject matter had been made prior to NEPA's enactment.
• Meller v. The Heil Co.
  745 F.2d 1297· 10th Cir.· 1984-01-16 ·cited 8×
  The court held that evidence of post-manufacture design changes was admissible to show the feasibility of alternative designs under Federal Rule of Evidence 407 and that the Colorado statute did not bar its admission. The court also held that the exclusion of drug paraphernalia e
• State OF NEW Jersey v. Hufstedler
  724 F.2d 34· 3d Cir.· 1983-12-27 ·cited 8×
  The court held that the 1978 amendments to the Elementary and Secondary Education Act apply retroactively to grants approved under earlier standards, and remanded the case for factual determinations.
• Alexander v. State OF Md.
  719 F.2d 1241· 4th Cir.· 1983-10-20 ·cited 8×
  The court held that the state failed to prove Alexander would have been waived to adult court in 1961, and that his petition was not barred by laches under Habeas Rule 9(a).
• Stillwell v. Jack B. Thigpen, Jr., M.D.
  426 So. 2d 1267· Fla. 1st DCA· 1983-02-14 ·cited 8×
  The court reversed a summary judgment dismissing a medical negligence wrongful death action against state physicians, holding that a statute restricting liability for state employees cannot be retroactively applied to causes of action that accrued before the statute's effective d
• Suntide Condo. Ass'n, Inc. v. Div. of Fla. Land Sales & Condos.
  409 So. 2d 65· Fla. 1st DCA· 1982-01-12 ·cited 8×
  The Division has the authority to issue a cease and desist order regarding condominium common expense assessments, but the record is insufficient to review the constitutional claim of impairment of contract.
• Slaughter v. Pa. X-Ray Corp. & John J. Geiger v. Delco Gen. Truck Sales Co., Inc.
  638 F.2d 639· 3d Cir.· 1981-01-15 ·cited 8×
  A "loan receipt" arrangement between joint tortfeasors to fund a settlement is valid and not a prohibited settlement payment, and a comparative negligence statute does not apply retroactively to torts committed before its effective date.
• Lake Tippecanoe Owners Ass'n, Inc. v. Nat'l Lake Developments, Inc.
  390 So. 2d 185· Fla. 2d DCA· 1980-11-19 ·cited 8×
  The court held that retroactive application of Fla. Stat. § 718.401(4) to a pre-existing lease without express consent is an unconstitutional impairment of contract rights, thus the trial court erred in requiring payments under that statute.
• Transp. Enters., Inc. v. Nat'l Labor Relations Bd.
  630 F.2d 421· 5th Cir.· 1980-11-14 ·cited 8×
  An employer may rely on a formal decision by an NLRB regional office declining jurisdiction, and subsequent assertion of jurisdiction by the Board cannot retroactively transform lawful conduct into an unfair labor practice for back-pay purposes.
• Bernstein v. Commissioner OF Internal Revenue
  622 F.2d 442· 9th Cir.· 1980-06-30 ·cited 8×
  The court held that installment payments designated as 'alimony in gross' in a divorce decree are not deductible as periodic alimony payments under I.R.C. §§ 71 and 215, even if a subsequent state statute might have allowed modification.
• Appalachian Power Co. v. Train
  620 F.2d 1040· 4th Cir.· 1980-04-28 ·cited 8×
  The court held that EPA's amended regulations for BPT variances sufficiently comply with prior mandates by allowing consideration of cost and other statutory factors, and that § 301(7) does not prohibit variances for toxic pollutants under BPT limitations.
• Clark McPHAIL v. G. Frank Jenkins, D.D.S.
  382 So. 2d 1329· Fla. 1st DCA· 1980-04-25 ·cited 8×
  The court held that the Wrongful Death Act's definition of 'minor' at the time of the death, as interpreted by precedent, governed the claim, and the 1977 amendment could not be applied retroactively. The court also held that the allegations did not support claims for outrageous
• McINTIRE v. State
  381 So. 2d 1154· Fla. 5th DCA· 1980-02-27 ·cited 8×
  Appellant's felony conviction for delivery of cannabis in excess of five grams was reversed and remanded for entry of a misdemeanor conviction for delivery of not more than five grams because, under the retroactively applied Purifoy standard excluding both stems and stalks from w
• Commodore Plaza AT Century 21 Condo. Ass'n, Inc. v. Cohen
  378 So. 2d 307· Fla. 3d DCA· 1979-12-11 ·cited 8×
  The court held that applying the statute retroactively to impose attorneys' fees not originally bargained for unconstitutionally impairs the obligation of contract.
• Johnson v. Szymanski
  368 So. 2d 370· Fla. 2d DCA· 1979-02-09 ·cited 8×
  The court held that the two-year medical malpractice statute of limitations, which includes a discovery rule, applies when the malpractice is discovered after its effective date, even if the malpractice itself occurred before that date.
• Garrett v. Bamford
  582 F.2d 810· 3d Cir.· 1978-08-11 ·cited 8×
  The court held that while the district court correctly abstained, it erred in dismissing the action, and should have retained jurisdiction pending state court proceedings.
• Hosp. Emps. Labor Program OF Metro. Chicago v. Ridgeway Hosp.
  570 F.2d 167· 7th Cir.· 1978-01-11 ·cited 8×
  The court held that the amendment to § 2(2) of the Labor Management Relations Act, which brought not-for-profit hospitals under its coverage, does not apply retroactively to breaches of collective bargaining agreements that occurred before the amendment's effective date. Therefor
• Capuano v. State
  347 So. 2d 629· Fla. 4th DCA· 1977-05-06 ·cited 8×
  The appellate court reversed a trial court's denial of a motion to expunge an arrest record. The trial court had ruled the expungement statute was not retroactive, but the appellate court found it should be applied retroactively based on a subsequent Supreme Court decision.
• Dep't OF Revenue of the State of Fla. v. Leadership Hous., Inc.
  343 So. 2d 611· Fla.· 1977-03-03 ·cited 8×·via Retroactive Tax Legislation
  The Florida Supreme Court held that capital appreciation in assets is not taxable income until it is realized through a sale or other disposition, even if the appreciation accrued before the constitutional amendment authorizing corporate income tax in 1971. The court reversed the
• Dorfman v. State
  333 So. 2d 481· Fla. 3d DCA· 1976-05-25 ·cited 8×·via Retroactive Application Of Sentencing Statutes
  Bernard Dorfman appeals his conviction for nine counts of lewd and lascivious assault on female minors, challenging the legality of his sentence and claiming insufficient credit for time served. The court affirmed in part and reversed in part, holding that while the sentence itse
• Lucien H. Martel v. Gibeaut, Inc.
  330 So. 2d 493· Fla. 4th DCA· 1976-04-15 ·cited 8×
  This case addresses whether a 1974 amendment to Florida's workers' compensation law, which removed a bar to certain lawsuits between subcontractors, could be applied retrospectively to an accident that occurred in 1972. The court held that applying the amendment retrospectively w
• McSHAY v. State
  321 So. 2d 464· Fla. 4th DCA· 1975-10-10 ·cited 8×
  The appellant was sentenced as a recidivist without following the procedural requirements of Fla.Stat. § 775.11. The court held that although the trial court failed to comply with § 775.11, this failure is not reversible error because the statute has since been repealed and proce
• Hoffmann v. Three Thousand S. Ass'n, Inc.
  318 So. 2d 486· Fla. 4th DCA· 1975-09-12 ·cited 8×
  The trial court erred in denying the defendants-appellants' motion to quash service of process because the statutes used for service were not effective at the time the cause of action arose and the plaintiff failed to rebut evidence of the inapplicability of the long-arm statute.
• Adams v. Brinegar
  521 F.2d 129· 7th Cir.· 1975-08-05 ·cited 8×
  The court held that Section 717 of the Equal Employment Opportunity Act of 1972 applies retroactively to federal employee discrimination claims pending administratively on its effective date.
• Colvin v. Estelle
  506 F.2d 747· 5th Cir.· 1975-01-15 ·cited 8×
  A new penal code with different sentencing does not entitle a prisoner to release if a saving clause preserves prior convictions and sentences.
• Fullerton Metal Co. & Zurich Ins. Co. v. Abell Howe Co. & Cent. Air Conditioning Co.
  299 So. 2d 151· Fla. 3d DCA· 1974-08-06 ·cited 8×
  The court held that a statutory amendment eliminating a cause of action should not be applied retrospectively unless the legislature clearly intends it.
• R & R Lounge, Inc. v. Wynne
  286 So. 2d 13· Fla. 1st DCA· 1973-11-27 ·cited 8×
  R & R Lounge challenges a civil penalty and license suspension for employing a 19-year-old barmaid in violation of the state's beverage law, which at the time of the violation prohibited employment of persons under 21. The court addresses whether a 1973 legislative amendment lowe
• In re Freedomeand, Inc.
  480 F.2d 184· 2d Cir.· 1973-06-08 ·cited 8×·via Retroactive Tax Legislation
  A bankruptcy trustee is considered an employer for withholding tax purposes and must withhold federal and city income taxes on wage claims paid from the bankrupt estate. These withholdings are classified as second priority wage claims.
• United States v. Ramirez
  480 F.2d 76· 9th Cir.· 1973-05-29 ·cited 8×
  The court held that prosecutions initiated after the repeal of section 176a, even for offenses committed before repeal, are subject to the penalties of the successor statute, not the repealed one.
• Cuevas v. State
  279 So. 2d 817· Fla.· 1973-05-16 ·cited 8×
  Cuevas challenged the constitutionality of Florida's Drug Abuse Law (Sections 404.01(12) and 404.02(4)) as unconstitutionally vague, arguing the phrase "or other drug controlled by this chapter" lacked sufficient clarity. The Florida Supreme Court affirmed the trial court's denia
• Hackathorn v. J. E. (Bill) Decker
  438 F.2d 1363· 5th Cir.· 1971-02-17 ·cited 8×
  The court held that the appellant is entitled to a post-conviction hearing on the voluntariness of his confessions and relief under Witherspoon v. Illinois due to improper jury selection.
• Shiflett v. Commonwealth OF Va.
  433 F.2d 124· 4th Cir.· 1970-10-19 ·cited 8×
  The majority's retroactive application of the Nelson ruling to find ineffective assistance of counsel based on pre-Nelson legal standards is improper.
• Diamond Crystal Salt Co. v. P. J. Ritter Co.
  419 F.2d 147· 1st Cir.· 1969-12-30 ·cited 8×
  The Massachusetts long arm statute, Mass. G.L. c. 223A § 1 et seq., enacted in 1968, is to be applied retrospectively.
• Phoenix OF Hartford Ins. Co. v. Gale Rubin Kaplan
  220 So. 2d 365· Fla.· 1969-03-19 ·cited 8×·via Statutory Retroactivity
  The Florida Supreme Court denied a petition for writ of certiorari, finding it lacked jurisdiction. However, it awarded attorney's fees to the respondent, holding that the statute allowing such fees applied to appeals filed after its effective date, regardless of the insurance co
• Benson v. Carter
  396 F.2d 319· 9th Cir.· 1968-05-17 ·cited 8×
  The court held that the California Supreme Court's decision in People v. Perez, which modified the entrapment defense, did not retroactively entitle the petitioner to federal habeas corpus relief because the California entrapment defense is based on state policy, not federal due
• City OF Gainesville v. Hilliard
  207 So. 2d 520· Fla. 1st DCA· 1968-02-22 ·cited 8×
  The City of Gainesville appealed a circuit court judgment that quashed a municipal court conviction for driving under the influence, finding that the defendant was constitutionally entitled to a jury trial. The Florida appellate court reversed, holding that the constitutional rig
• Carter v. Celebrezze
  367 F.2d 382· 4th Cir.· 1966-10-04 ·cited 8×·via Retroactivity Of Statutory Amendments
  The court held that the case must be remanded because the lower court and the Secretary applied an outdated statutory standard for disability benefits, rather than the standard established by the 1965 amendments.
• United States v. Barnett
  346 F.2d 99· 5th Cir.· 1965-05-05 ·cited 8×
  The court held that a court initiating a criminal contempt charge must have the power to determine whether the proceeding should continue to trial.
• United States ex rel. William A. Wynn v. Wilkins
  342 F.2d 777· 2d Cir.· 1965-03-16 ·cited 8×
  The court held that the petitioner's application for a writ of habeas corpus was premature because he had not exhausted his available state remedies.
• Williams v. United States
  335 F.2d 290· D.C. Cir.· 1964-06-25 ·cited 8×
  The court held that the statute providing credit for pre-sentence jail time does not apply to sentences imposed before its effective date, and the sentence itself was not illegal.