Retroactive Application Of Statutes

2,388 Florida cases classified under this topic · sorted by citation count

• Timmy S. v. Grady Stumbo
  916 F.2d 312· 6th Cir.· 1990-07-25 ·cited 2×
  The court held that the Adoption Assistance and Child Welfare Act of 1980 creates an enforceable right for foster parents to administrative hearings regarding denial or termination of benefits.
• Laundree v. Amca Int'l
  908 F.2d 43· 6th Cir.· 1990-07-06 ·cited 2×
  The court held that the amended Michigan workers' compensation statute applies retroactively and that the plaintiff's allegations did not meet the 'substantial certainty' standard for an intentional tort. Therefore, the claim was barred by the exclusive remedy provision of the wo
• Andes v. Knox
  905 F.2d 188· 8th Cir.· 1990-05-31 ·cited 2×
  The court held that the statute of limitations for a civil action under 18 U.S.C. § 2520 barred the plaintiff's claim because it was filed more than two years after she had a reasonable opportunity to discover the wiretapping violation.
• Meir v. Kirk
  561 So. 2d 399· Fla. 2d DCA· 1990-05-09 ·cited 2×
  In this legal malpractice case, the Florida District Court of Appeal affirmed a directed verdict for a law firm, holding that the firm was not liable for its advice regarding the statute of limitations on a malpractice claim against another attorney. The court determined that the
• United States v. Rent Am.
  734 F. Supp. 474· S.D. Fla.· 1990-04-04 ·cited 2×
  The court held that the Fair Housing Amendments Act of 1988 can be applied retroactively to alleged discrimination occurring before its effective date, and that 'monetary damages' includes compensatory and punitive damages.
• United States v. King
  895 F.2d 205· 5th Cir.· 1990-02-15 ·cited 2×
  The court held that the Sentencing Reform Act and its guidelines do not apply retroactively to offenses committed before their effective date.
• Norwood v. Brennan
  891 F.2d 179· 7th Cir.· 1989-12-12 ·cited 2×
  The court held that the 1987 amendment to § 235(b)(3) of the Sentencing Reform Act did not violate the ex post facto clause and properly applied to the petitioner's parole determination.
• Moore v. City OF Paducah
  890 F.2d 831· 6th Cir.· 1989-11-29 ·cited 2×
  The court affirmed the lower court's decision, finding no direct evidence or reasonable inference of a conspiracy by the private citizen defendant.
• Cernuda v. Heavey
  720 F. Supp. 1544· S.D. Fla.· 1989-09-18 ·cited 2×
  The court held that original works of art constitute 'informational materials' exempt from the Trading With the Enemy Act (TWEA) under the 1988 amendment, and that this amendment applies retroactively.
• Johnson v. The Sw. Miss. Reg'l Med. Ctr.
  878 F.2d 856· 5th Cir.· 1989-08-02 ·cited 2×
  The court held that former public hospital employees did not have a property interest in their continued employment at the time of their discharge, and thus were not entitled to due process protections.
• Garden Isles Apts. NO. 3, Inc. v. Connolly
  546 So. 2d 38· Fla. 4th DCA· 1989-06-28 ·cited 2×
  The court held that the associations' claims were barred by the statute of limitations, as the cause of action accrued at the time of the first rent escalation, not upon subsequent escalations.
• Lopez v. O.L. McCOTTER
  875 F.2d 273· 10th Cir.· 1989-05-17 ·cited 2×
  The court held that the state court's construction of the Uniform Criminal Extradition Act was unforeseeable and could not be retroactively applied to criminalize conduct privileged under common law, but the bail bondsman's privilege does not extend to assaulting a peace officer.
• Tomlin v. McDANIEL
  865 F.2d 209· 9th Cir.· 1989-01-10 ·cited 2×
  A motion for relief from judgment under Fed.R.Civ.P. 60(b) cannot be used to revive a case that became final before changes in the applicable law occurred.
• Vernice Dubose v. Pierce
  857 F.2d 889· 2d Cir.· 1988-09-09 ·cited 2×
  The court affirmed the district court's award of attorney's fees under the EAJA, holding that the government's position was not substantially justified and that a settlement provision did not preclude such an award.
• ST. Joseph Hosp. v. The Celotex Corp.
  854 F.2d 426· 11th Cir.· 1988-09-06 ·cited 2×
  The court certified a question to the Georgia Supreme Court regarding the applicability of a new statute to pending asbestos property damage claims.
• Anderson Gene DuBOIS v. A.L. Lockhart
  859 F.2d 1314· 8th Cir.· 1988-07-20 ·cited 2×
  A state appellate court's reversal of a conviction based on a state statute requiring corroboration of accomplice testimony constitutes an evidentiary insufficiency, barring retrial under the Double Jeopardy Clause.
• Rubino v. Lynaugh
  849 F.2d 906· 5th Cir.· 1988-06-30 ·cited 2×
  The court certified a question to the Texas Court of Criminal Appeals regarding whether the Texas carving doctrine, if still in effect, would have barred Rubino's second prosecution for attempted murder.
• Am. Broad. Cos., Inc. v. The United States
  851 F.2d 329· Fed. Cir.· 1988-05-19 ·cited 2×
  The court held that the Claims Court properly dismissed claims for investment tax credits (ITC) where the taxpayer (ABC) lacked a financial interest in syndication rights after 1972, but vacated and remanded claims concerning pre-1972 films where syndication rights existed, due t
• Spellissy v. Kelly
  837 F.2d 967· 11th Cir.· 1988-02-17 ·cited 2×
  The court held that the jury's verdict for the defendant was supported by substantial evidence, and the trial court did not err in denying motions for judgment n.o.v. or a new trial. The court also affirmed the dismissal of claims against the aircraft manufacturer based on the st
• Enrique Morales, M.D. v. Scherer
  528 So. 2d 1· Fla. 4th DCA· 1988-02-10 ·cited 2×
  In this medical malpractice appeal, the Fourth District Court of Florida addressed whether a trial court properly denied a collateral source set-off for Medicare and Social Security benefits, upheld an award of attorney's fees to the prevailing plaintiff, and reversed a pretrial
• Ass'n OF Golden Glades Condo. Club v. Sec. Mgmt. Corp.
  518 So. 2d 967· Fla. 3d DCA· 1988-01-19 ·cited 2×
• Lane v. Koehring Co.
  515 So. 2d 981· Fla.· 1987-12-03 ·cited 2×
• Theo Miller v. State
  515 So. 2d 392· Fla. 2d DCA· 1987-11-13 ·cited 2×
  Miller appeals the denial of his motion to correct his sentence, arguing that the sentencing guidelines scoresheet was prepared in violation of the Supreme Court's holding in Miller v. Florida. The appellate court remands for the trial court to clarify whether the correct version
• Holland v. The Dist. Court
  831 F.2d 940· 10th Cir.· 1987-10-26 ·cited 2×
  The court held that the 1982 amendment to Colorado's statute of limitations for certain offenses involving child victims was intended to apply to prosecutions not already time-barred at the time of its enactment, and its application did not violate the ex post facto clause.
• Major Melvin Johnson v. R.M. Muncy
  830 F.2d 508· 4th Cir.· 1987-09-22 ·cited 2×
  The court held that the Virginia Supreme Court's shift in procedural rules regarding habeas corpus review, as established in Slayton v. Parrigan, does not bar the petitioner from seeking federal habeas corpus relief in this case. However, the case is remanded for a harmless error
• LoPICCOLO v. Second Injury Fund OF State OF Mich.
  826 F.2d 1539· 6th Cir.· 1987-09-01 ·cited 2×
  The court held that the 1984 amendment allowing the Second Injury Fund to seek reimbursement applies to benefits paid after the amendment's effective date, even if the injury occurred before the amendment.
• Purty v. McDONNELL Douglas Corp.
  508 So. 2d 501· Fla. 3d DCA· 1987-06-09 ·cited 2×
• Nickerson v. Matco Tools Corp.
  813 F.2d 529· 1st Cir.· 1987-03-13 ·cited 2×
  The court held that the trial court erred in instructing the jury that proof of the defendant's knowledge of falsity was required for a deceit claim under Massachusetts law, and that the 1986 amendment to Mass. G.L. c. 93A applied retroactively to reinstate claims dismissed under
• McMILLIAN v. State
  502 So. 2d 510· Fla. 1st DCA· 1987-02-16 ·cited 2×
  McMillian appeals his sentence of community service imposed in lieu of court costs for a misdemeanor cannabis possession conviction. The court holds that the trial judge erred by imposing community service based on $200 in costs (appropriate for felonies) rather than $50 (the sta
• In re Florida Rules OF Criminal Procedure
  503 So. 2d 320· Fla.· 1987-02-05 ·cited 2×
  The Florida Supreme Court adopted Rule 3.851 to establish a more orderly procedure for postconviction and collateral relief petitions filed after death warrants are signed. The rule requires all such motions and petitions be filed within thirty days of warrant signing (when the e
• Smith v. Dep't of Bus. Reg.
  504 So. 2d 1285· Fla. 1st DCA· 1986-12-31 ·cited 2×
  Steven K. Smith challenged a Department of Business Regulation order imposing a $5,000 civil penalty and requiring him to honor time-share purchasers' rights and assume seller obligations. The court affirmed, holding that Smith, as a third-party transferee who received an assignm
• Fitte v. State
  499 So. 2d 28· Fla. 2d DCA· 1986-12-17 ·cited 2×
  The court held that applying the 1985 statute imposing additional court costs to crimes committed in 1984 violates the ex post facto provisions of the U.S. and Florida Constitutions.
• Murphy v. Sowders
  801 F.2d 205· 6th Cir.· 1986-09-12 ·cited 2×
  The court held that the retroactive repeal of a rule requiring corroboration of accomplice testimony, when applied to a defendant whose crime occurred before the repeal, violates the Ex Post Facto Clause of the U.S. Constitution.
• Brown v. State
  487 So. 2d 392· Fla. 1st DCA· 1986-04-23 ·cited 2×
  James Carl Brown appealed his conviction and sentence for burglary with intent to commit sexual battery, kidnapping with intent to commit sexual battery, and sexual battery while armed. He challenged the trial court's application of amended sentencing guidelines effective after h
• Olive S. McEACHERN v. Off. OF Pers. Mgmt.
  776 F.2d 1539· Fed. Cir.· 1985-11-15 ·cited 2×
  The court held that the Merit Systems Protection Board did not commit legal or procedural errors in denying the petitioner's disability retirement application, and affirmed the Board's decision.
• State v. Moorman
  475 So. 2d 312· Fla. 2d DCA· 1985-09-18 ·cited 2×
  Florida appealed the dismissal of a perjury indictment against Moorman, who testified falsely before a grand jury. The court affirmed the dismissal because section 914.04's immunity provision foreclosed prosecution for perjury based on testimony given pursuant to a subpoena, thou
• Lewis v. Heckler
  752 F.2d 555· 11th Cir.· 1985-02-04 ·cited 2×
  The court affirmed the district court's denial of class certification and affirmation of the Secretary's denial of child's insurance benefits.
• Eldred Horne v. Alter Sales & Am. Mut. Ins. Co. of Boston
  461 So. 2d 244· Fla. 1st DCA· 1984-12-21 ·cited 2×
  The court affirmed the affirmance of a deputy's finding, agreeing that the claimant made a prima facie showing of wage loss not solely based on conditions unrelated to his physical impairment, and that the deputy's finding of no causal connection was controverted.
• N. Am. Coal Corp. v. Ida Campbell (Widow of Lawrence Campbell)
  748 F.2d 1124· 6th Cir.· 1984-11-27 ·cited 2×
  The court held that the administrative law judge's finding of partial disability was supported by substantial evidence and that the Black Lung Benefits Act's presumption provision is constitutional and applicable to the claim.
• In re Caro Prods., Inc. v. H. Hirschfield & Sons, Inc.
  746 F.2d 349· 6th Cir.· 1984-10-19 ·cited 2×
  The court held that the Bankruptcy Reform Act of 1978, specifically 11 U.S.C. § 547(b), applies to transfers made during the 'gap period' (after enactment but before the effective date) if the bankruptcy petition was filed after the effective date. Such application does not raise
• Brown v. The M.W. Kellogg Co.
  743 F.2d 265· 5th Cir.· 1984-10-04 ·cited 2×
  The court held that the Texas architectural/engineer statute of ultimate repose (Tex.Rev.Stat.Ann. art. 5536a) applies to claims for latent diseases and corporate defendants, and is not unconstitutional special legislation.
• Rath v. United States
  733 F.2d 594· 8th Cir.· 1984-05-09 ·cited 2×
  The court held that the estate was not entitled to a refund because it failed to make a timely election for special use valuation, a requirement for retroactive application of certain ERTA amendments.
• Dade Cnty. Sch. Bd. & Leonard Britton v. The Miami Herald Publ'g Co.
  443 So. 2d 268· Fla. 3d DCA· 1983-12-20 ·cited 2×
  The Dade County School Board appealed a mandamus order requiring disclosure of deceased teacher Carl Brown's personnel file to the Miami Herald. The court affirmed, holding that personnel files are public records subject to disclosure under Florida's public records law and that t
• Brookins v. Sargent Indus., Inc.
  717 F.2d 1201· 8th Cir.· 1983-09-23 ·cited 2×
  The court held that the trial court erred in retroactively applying an amended statute that made contributory and comparative negligence a defense to strict liability, and in placing the burden on the plaintiff to prove unawareness of a defect.
• Kynaston v. United States
  717 F.2d 506· 10th Cir.· 1983-09-16 ·cited 2×
  The court held that the district court erred in applying the 1977 amendment to Utah's survival statute retroactively. The cause of action accrued under the 1967 version of the statute, which did not limit recovery to out-of-pocket expenses when the injured party died of an interv
• The City OF Colo. Springs v. The United States & The Interstate Commerce Comm'n
  724 F.2d 857· 10th Cir.· 1983-09-01 ·cited 2×
  The court held that the City of Colorado Springs is entitled to a hearing regarding a railroad rate increase, as the Staggers Act's retroactive application would cause manifest injustice by denying this right. However, the court affirmed the ICC's classification of the rate incre
• VAN DEN HUL v. Baltic Farmers Elevator Co.
  716 F.2d 504· 8th Cir.· 1983-08-30 ·cited 2×
  The court held that the statutes of limitations were not applied retroactively and were constitutional, but that summary judgment for Koopman was improper due to a genuine issue of material fact regarding constructive notice.
• Penthouse N. Ass'n, Inc. v. Remo M. Lombardi
  436 So. 2d 184· Fla. 4th DCA· 1983-04-27 ·cited 2×
  Penthouse North Association sued its former lessor-officers for breaching fiduciary duties in executing a 1966 lease with an escalation clause without disclosure. The Fourth District Court of Appeal affirmed dismissal of the association's complaint as time-barred but reversed and
• Ass'n OF Golden Glades v. Golden Glades Club Rec. Corp.
  441 So. 2d 154· Fla. 3d DCA· 1983-04-26 ·cited 2×
• First Nat'l Bank & Tr. Co. v. Daniel
  701 F.2d 141· 11th Cir.· 1983-03-21 ·cited 2×
  A debtor cannot avoid a bank's lien on collateral under section 522(f) of the Bankruptcy Reform Act of 1978 if the original security agreement and note predate the Act's effective date, even if a subsequent renewal note was executed after the Act's enactment.