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

• Watson v. Secretary OF Health
  562 F.2d 386· 6th Cir.· 1977-09-14 ·cited 2×
  The court held that the Secretary's regulation limiting attorney's fees could not be applied retroactively to claims where a fee contract was entered into before the regulation's effective date, but affirmed the Secretary's authority to regulate fees for other claims.
• Hosp. Ass'n OF NEW York State, Inc. v. Toia
  554 F.2d 12· 2d Cir.· 1977-03-16 ·cited 2×·via Retroactive Legislation
  The court held that constitutional issues regarding Eleventh Amendment immunity and due process, not decided by the district court, should be remanded for initial determination.
• Reinhardt v. Schwab
  343 So. 2d 837· Fla.· 1977-03-10 ·cited 2×
• Franks v. Estelle
  543 F.2d 567· 5th Cir.· 1976-12-06 ·cited 2×
  The state's refusal to retroactively apply an amended sentencing credit statute and a new good time policy does not violate the U.S. Constitution's Equal Protection Clause.
• Tarralene Burroughs and Charles Burroughs v. Bd. OF Trs. OF Alachua Gen. Hosp. & Herbert Wagemaker, M.D.
  328 So. 2d 538· Fla. 1st DCA· 1976-03-11 ·cited 2×·via Retroactivity Of Statutory Amendments
  Plaintiffs injured by an automobile driven by a psychiatric patient granted on day pass sued the hospital and physician for negligence. The court reversed summary judgments for defendants, holding that the 1971 Baker Act's immunity provision protected only the patient-provider re
• RAY Walker & Assocs. v. JAY Caponey, Inc.
  320 So. 2d 13· Fla. 4th DCA· 1975-10-10 ·cited 2×
  The court held that the statute providing for constructive service cannot be applied retroactively to causes of action that accrued prior to its effective date.
• Barney Buford Hunt v. State
  318 So. 2d 523· Fla. 1st DCA· 1975-09-10 ·cited 2×
  Barney Hunt was convicted of unlawful possession of a firearm by a convicted felon and sentenced to six years imprisonment. The appellate court reversed the sentencing order and directed the trial court to give Hunt credit for time previously spent in jail pending trial, based on
• Earley v. Louisville & Nashville R.R. Co.
  518 F.2d 55· 7th Cir.· 1975-06-13 ·cited 2×
  Subsequent statutory amendments shortening the limitations period apply to claims that have not yet expired, even if the cause of action accrued before the amendment.
• United States v. Hunter
  485 F.2d 1035· D.C. Cir.· 1973-08-27 ·cited 2×
  The court affirmed the conviction and vacated the sentence, remanding for consideration under the Narcotic Addict Rehabilitation Act.
• United States v. Mallow
  470 F.2d 967· 5th Cir.· 1972-12-18 ·cited 2×
  The court held that the savings clause in the Comprehensive Drug Abuse Prevention and Control Act of 1970 applies to violations occurring before its effective date, regardless of when the prosecution began.
• City OF Hope v. Levin
  266 So. 2d 59· Fla. 3d DCA· 1972-08-29 ·cited 2×
  The court held that the plaintiff's complaint did not sufficiently allege partial performance to overcome the statute of frauds defense for an oral agreement to make a bequest.
• Noriega-Arjona v. U. S. Bureau OF Prisons
  464 F.2d 561· 9th Cir.· 1972-07-14 ·cited 2×
  The court held that the defendant is not eligible for parole or resentencing under the Comprehensive Drug Act because he was sentenced before the Act's effective date.
• Lenny Paul Wells v. Pinnock
  463 F.2d 1176· 9th Cir.· 1972-06-29 ·cited 2×
  The court held that a state court's interpretation of state law, even if seemingly illogical, does not present a federal constitutional question.
• In re Fed. Shopping WAY, Inc. v. McQUAID
  457 F.2d 176· 9th Cir.· 1972-03-14 ·cited 2×
  Assignments of rents executed by a mortgagor to a mortgagee are invalid and unenforceable under Washington law as it existed prior to a 1969 statutory amendment, and a Chapter X bankruptcy court has exclusive jurisdiction over such rents.
• York v. Page
  433 F.2d 941· 10th Cir.· 1970-10-29 ·cited 2×
  The court held that the petitioner's due process rights were not violated by an unforeseeable construction of an Oklahoma criminal statute.
• United States v. Smith
  433 F.2d 341· 4th Cir.· 1970-10-20 ·cited 2×
  The court held that the repeal of a statute does not bar prosecution for offenses committed before the repeal, if a saving statute provides for continuing liability.
• Qualen v. United States
  425 F.2d 720· 9th Cir.· 1970-03-13 ·cited 2×
• Winkle v. Kropp
  403 F.2d 661· 6th Cir.· 1968-11-15 ·cited 2×·via Retrospective Application
  The court held that the Mapp v. Ohio decision should not be applied retrospectively to convictions that were final before Mapp was decided.
• Gelis v. State
  215 So. 2d 86· Fla. 2d DCA· 1968-10-30 ·cited 2×
  The court affirmed the denial of relief for Spivey but reversed and remanded for Gelis, finding a Bruton error that applied retroactively.
• Indus. Credit Co. v. Berg
  388 F.2d 835· 8th Cir.· 1968-01-30 ·cited 2×·via Retroactive Legislation
  The court held that the assignee (Industrial) was not barred from seeking adjudication of its rights in the installment contract, either by the contract being void ab initio or by the prior judgment in Berg I, as the prior judgment expressly excluded the assignee and the assignee
• Baltimore Contractors, Inc. v. The Renegotiation Bd.
  383 F.2d 690· 4th Cir.· 1967-09-13 ·cited 2×
  The Renegotiation Act of 1951 is a constitutional exercise of Congress's war powers, applicable even to construction contracts related to national defense, and the contractor's concession of renegotiability precludes a claim of lack of hearing.
• Sampson Constr. Co., Inc. v. Farmers Coop. Elevator Co.
  382 F.2d 645· 10th Cir.· 1967-08-08 ·cited 2×
  The court held that the implied warranty of fitness in a construction contract included a prospective warranty that the structure would last a reasonable time, and the cause of action for breach did not accrue until the defects became known upon collapse, thus the action was not
• Stith v. United States
  374 F.2d 309· D.C. Cir.· 1967-01-24 ·cited 2×
  The dissenting judge believes the confessions were involuntary and should have been excluded based on Fifth Amendment rights, arguing for the application of Miranda v. Arizona.
• Nance v. United States
  359 F.2d 273· D.C. Cir.· 1966-04-08 ·cited 2×
  There is no constitutional right to counsel at a preliminary examination that requires retrospective application via collateral attack on a final judgment.
• Florentine v. Church OF OUR Lady OF MT. Carmel
  340 F.2d 239· 2d Cir.· 1965-01-13 ·cited 2×
  The court held that it was error to charge the jury that violation of a New York City ordinance requiring artificial lighting of stairways could be evidence of negligence, absent proof that the building was constructed after the ordinance's effective date.
• Standard Lumber Co. v. Commissioner OF Internal Revenue
  299 F.2d 382· 9th Cir.· 1962-01-26 ·cited 2×
  The court held that the petitioner did not own sufficient stock to qualify for filing a consolidated tax return.
• Ella Shure Cahen Tr. v. United States
  292 F.2d 33· 7th Cir.· 1961-07-19 ·cited 2×
  Premiums paid by a trust whose income was taxable to the decedent are considered indirectly paid by the decedent for estate tax purposes, and the proportionate share of life insurance proceeds is includible in the gross estate.
• Clews v. Stiles
  303 F.2d 290· 10th Cir.· 1960-10-28 ·cited 2×
  The court held that the New Mexico statute providing for substituted service on non-residents applies retroactively, allowing service of process in this case.
• Huffman v. Farros
  275 F.2d 350· 9th Cir.· 1960-02-08 ·cited 2×
  The court held that the trustee in bankruptcy cannot claim title to the liquor license because it was subject to a constructive trust in favor of the claimant, who was entitled to its retransfer.
• Barber v. Rietmann
  248 F.2d 118· 9th Cir.· 1957-09-13 ·cited 2×
  The Savings Clause of the 1952 Immigration and Nationality Act does not preserve a right to re-enter the United States for an alien who was previously debarred from citizenship, as the Act specifically provides for the exclusion of such aliens.
• Anne Harley Kohl and William J. Harley v. United States
  226 F.2d 381· 7th Cir.· 1955-10-13 ·cited 2×·via Retroactive Tax Legislation
  The court held that applying amended Internal Revenue Code Section 811(g) to include proceeds of life insurance policies gifted before the amendment, where the decedent retained no incidents of ownership, is unconstitutional as a direct, unapportioned tax and a deprivation of pro
• Heikkila v. Barber
  216 F.2d 407· 9th Cir.· 1954-10-13 ·cited 2×
  The court held that a prior Supreme Court decision affirming dismissal of an alien's deportation order review was res judicata, barring a second suit seeking the same relief.
• Holden v. Patterson et ux.
  64 So. 2d 772· Fla.· 1953-04-21 ·cited 2×
  A judgment creditor sought to foreclose a judgment lien against property owned by the heirs of a deceased judgment debtor, but the Florida Supreme Court held that the judgment creditor was required to file her claim against the decedent's estate within statutory time limits rathe
• Warner & Swasey Co. v. War Contracts Price Adjustment Bd.
  201 F.2d 201· D.C. Cir.· 1952-11-20 ·cited 2×
  The court held that prior decisions regarding the applicability of the Renegotiation Act to contracts with the Defense Plant Corporation are controlling and will not be reconsidered.
• Sagastivelza v. Puerto RICO Hous. Auth.
  195 F.2d 289· 1st Cir.· 1952-03-14 ·cited 2×·via Retroactive Legislation
  The court held that the repeal of a statute providing for restoration of condemned property was effective, and that the conditions for restoration under that statute had not been met, thus affirming the dismissal of the property owner's petition.
• Gold Seal Co. v. Marzall
  190 F.2d 290· D.C. Cir.· 1951-05-03 ·cited 2×
  The court held that Section 21 of the Lanham Act does not apply to trademark applications filed before its effective date, allowing the applicant to sue the Commissioner alone.
• Quincy v. Tex. Co.
  185 F.2d 139· 10th Cir.· 1950-11-08 ·cited 2×
  The Court held that the Act of January 27, 1933, does not retroactively reimpose restrictions and tax exemptions on inherited Indian lands where such restrictions had already terminated prior to the Act's effective date.
• Hall v. Scarlett
  181 F.2d 277· D.C. Cir.· 1950-02-13 ·cited 2×
  The 1937 District of Columbia adoption statute did not affect the inheritance rights of an individual adopted prior to its enactment.
• Perry v. United States
  170 F.2d 844· 6th Cir.· 1948-11-22 ·cited 2×
  The court held that the Federal Tort Claims Act does not grant jurisdiction for claims accruing before January 1, 1945, regardless of the plaintiff's minority status.
• Standard Acc. Ins. Co. v. Miller
  170 F.2d 495· 7th Cir.· 1948-11-05 ·cited 2×
  The court held that the 1945 amendment to Indiana's Workmen's Compensation Act, which provided a one-year statute of limitations from the date of award acceptance for employer subrogation claims, should be applied retrospectively to an accident that occurred before the amendment'
• Gartner v. United States
  166 F.2d 728· 9th Cir.· 1948-03-18 ·cited 2×
  The court held that the United States could not recover the costs of care for an insane patient from his estate because Congress had not enacted legislation requiring such reimbursement during the period in question.
• Minimum Wage Bd. of Puerto RICO v. Luce & Co.
  155 F.2d 983· 1st Cir.· 1946-05-22 ·cited 2×
  The court held that the Minimum Wage Act amendment, as a matter of statutory construction, did not apply retroactively to contracts for services entered into and executed before its effective date.
• Petit Anse Co. v. Commissioner of Internal Revenue
  155 F.2d 797· 5th Cir.· 1946-05-09 ·cited 2×
  Payments under debentures were dividends, not deductible interest, and depletion allowances revised due to new estimates apply only prospectively, not retroactively.
• Meltzer et ux. v. Commissioner of Internal Revenue
  154 F.2d 776· 2d Cir.· 1946-04-15 ·cited 2×·via Retroactive Tax Legislation
  The court held that the Tax Court's finding that the debt did not become worthless in 1941 was supported by substantial evidence and was therefore conclusive.
• In re 188 Randolph BLDG. Corp.
  151 F.2d 357· 7th Cir.· 1945-10-01 ·cited 2×
  An attorney who sells securities of the debtor during a Chapter X reorganization proceeding, even if acquired before the proceeding, is barred from compensation under Section 249 of the Bankruptcy Act.
• Commissioner of Internal Revenue v. Callahan Realty Corp.
  143 F.2d 214· 2d Cir.· 1944-06-08 ·cited 2×
  The court held that the Treasury regulation, which interpreted 'sale' to include 'exchange' for personal holding company surtax purposes, was an invalid broadening of the original statute.
• Buscaglia v. Bowie
  139 F.2d 294· 1st Cir.· 1943-12-17 ·cited 2×
  The court held that the tax under Act No. 267 applies only to molasses sold within Puerto Rico, not to molasses produced there before the Act's effective date but sold elsewhere. The tax under Act No. 254 was properly levied.
• Kan. City S. Ry. Co. v. McDANIEL
  131 F.2d 89· 8th Cir.· 1942-10-28 ·cited 2×
  The court held that a stack of poles can constitute an attractive nuisance as a matter of law and that a covenant not to sue one joint tortfeasor does not release others under Arkansas law.
• Gillis v. Curd
  117 F.2d 705· 6th Cir.· 1941-02-10 ·cited 2×
  The court held that the appellee acquired title to the land through adverse possession, and that the 1934 amendment to Kentucky's statute of limitations, removing coverture as a disability, applied retroactively.
• Priest v. State Farm Fla. Ins. Co.
  Fla. 1st DCA· 2026-05-20 ·cited 1×
  Section 627.70152, which requires a pre-suit notice of intent to litigate as a condition precedent to filing suit under a property insurance policy, does not apply retroactively to insurance policies issued before the statute's July 1, 2021 effective date because the statute cont