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

• Hicks v. Brown Grp., Inc.
  952 F.2d 991· 8th Cir.· 1991-12-23 ·cited 2×
  The court denied motions to vacate its judgment and extend a stay because the appellant failed to file a timely petition for rehearing en banc, which would preclude Supreme Court review.
• Fibreboard Corp. v. Kerness
  590 So. 2d 501· Fla. 3d DCA· 1991-12-03 ·cited 2×
  The court held that because the plaintiff's cause of action accrued after the effective date of the current long-arm statute, personal jurisdiction was proper under that statute.
• Augustine Antonio Ledo v. State
  587 So. 2d 632· Fla. 3d DCA· 1991-10-15 ·cited 2×
  The court held that the trial court committed reversible error by refusing to instruct the jury that knowledge of the substance's nature was an essential element of the crime and by admitting evidence of a previously acquitted marijuana charge.
• Robinson v. State
  591 So. 2d 266· Fla. 4th DCA· 1991-10-09 ·cited 2×·via Retroactive Application Of Sentencing Statutes
  Robinson was convicted of burglary and theft committed in 1984 and sentenced as a habitual offender to 30 years. After his sentence was reversed on appeal for lack of written reasons for departure from guidelines, he was resentenced to the same term but was never given the opport
• Anthony C. and Mildred M. Licari v. Commissioner OF Internal Revenue
  946 F.2d 690· 9th Cir.· 1991-10-07 ·cited 2×
  The court held that the retroactive application of the increased 25% tax penalty did not violate the taxpayers' constitutional rights to equal protection or due process.
• Osie Cook, Jr. v. Navistar Int'l Transp. Corp.
  940 F.2d 207· 7th Cir.· 1991-08-05 ·cited 2×
  The court held that the district court's evidentiary rulings, while potentially erroneous in some instances, did not constitute reversible error and that the defective notice of appeal did not deprive the court of jurisdiction.
• United States v. German Valentin Ruiz
  935 F.2d 1033· 9th Cir.· 1991-06-06 ·cited 2×
  The court held that the district court did not violate due process by refusing to apply a withdrawn circuit precedent (Restrepo I) when sentencing, as the precedent was not settled law and the defendant was not convicted of acts previously deemed legal.
• State Bank & Tr. Co. OF Golden Meadow v. "D.J. Griffin" Boat
  926 F.2d 449· 5th Cir.· 1991-03-05 ·cited 2×
  A state bank is entitled to a stay of execution of a money judgment pending appeal without posting a supersedeas bond, pursuant to La. Rev.Stat. Ann. § 6:244B and Fed. R. Civ. P. 62(f).
• Vaughan v. Grijalva
  927 F.2d 476· 9th Cir.· 1991-03-01 ·cited 2×
  The court held that the district court erred in dismissing the prisoners' claims based on the statute of limitations without sufficient evidence of when the prisoners knew or reasonably should have known of their right to bring the action.
• Sofia Glantzis and Phillip Glantzis v. State Auto. Mut. Ins. Co.
  573 So. 2d 1049· Fla. 4th DCA· 1991-02-06 ·cited 2×
  Sofia and Phillip Glantzis appealed a judgment dismissing their uninsured motorist claim as barred by the statute of limitations. The Fourth District Court of Appeal reversed, holding that the statute of limitations was tolled when State Auto agreed to arbitrate the claim, and th
• Richardo Felipe Junco v. State
  571 So. 2d 570· Fla. 3d DCA· 1990-12-26 ·cited 2×
  The court affirmed consecutive sentences imposed after resentencing, finding that kidnapping and sexual battery were distinct from home invasions, and thus could be sentenced separately and consecutively.
• United States v. Linker
  920 F.2d 1· 7th Cir.· 1990-12-06 ·cited 2×
  A defendant cannot petition for remission of a fine under 18 U.S.C. § 3573, as the current version of the statute only permits the government to do so.
• Great W. Bank v. Off. OF Thrift Supervision
  916 F.2d 1421· 9th Cir.· 1990-10-18 ·cited 2×
  The Bank Board's decision denying the merger application was not arbitrary and capricious because the appellants' prior memorandum of understanding did not pertain to the specific transaction that would result in their exit from the FSLIC fund, thus they were not grandfathered fr
• Murray v. Cowley
  913 F.2d 832· 10th Cir.· 1990-09-05 ·cited 2×
  The court held that the appellant was not similarly situated to other prisoners whose sentences were reduced, and therefore, the refusal to reduce his sentence did not violate equal protection.
• Faries v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  909 F.2d 170· 6th Cir.· 1990-07-26 ·cited 2×
  The court held that the petitioner's due process rights were not violated because the legal standard for invoking the interim presumption under the Black Lung Benefits Act remained consistent with the Mullins decision at the time of his initial hearing, and he had the opportunity
• 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.
• Wesley Theological Seminary of the United Methodist Church v. United States Gypsum Co.
  876 F.2d 119· D.C. Cir.· 1989-05-19 ·cited 2×·via Retroactive Legislation
  The court held that the retroactive application of the amended statute of repose was constitutional and reversed the dismissal of the tort claim based on the prior version of the statute. The court affirmed other rulings regarding evidentiary exclusions and a directed verdict on
• 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.
• Alphonsa Taylor v. State
  543 So. 2d 366· Fla. 1st DCA· 1989-05-16 ·cited 2×·via Retroactivity Of Statutory Amendments
  Florida appellate court affirmed dual convictions for attempted second-degree murder with a firearm and shooting into an occupied dwelling, holding that the convictions did not violate double jeopardy because they arose from separate criminal offenses under amended Florida Statut
• State v. Therion Frierson
  542 So. 2d 983· Fla.· 1989-04-27 ·cited 2×·via Retrospective Application
• 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×
• Shaw v. Gen. Motors Corp.
  518 So. 2d 900· Fla.· 1987-12-03 ·cited 2×·via Retrospective Operation Of Statutes
• Allen v. A.M.F., Inc.
  515 So. 2d 982· Fla.· 1987-12-03 ·cited 2×·via Retrospective Operation Of Statutes
• Keyes v. Fulton Mfg. Corp.
  515 So. 2d 979· Fla.· 1987-12-03 ·cited 2×·via Retrospective Operation Of Statutes
• 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