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

• In re Park AT Dash Point, L.P. v. Crossland Mortg. Corp.
  985 F.2d 1008· 9th Cir.· 1993-02-05
  The court held that the 1989 amendment to Wash.Rev.Code § 7.28.230 was curative and clarified existing law, thus Crossland's security interest in the rents was perfected upon recording, even though the bankruptcy petition was filed before the amendment's effective date.
• Savoury v. State
  616 So. 2d 8· Fla.· 1993-01-21 ·via Retroactivity Of Statutory Amendments
• Hughes v. Matthews
  986 F.2d 1168· 8th Cir.· 1992-12-08
  The court held that the jury trial provisions of the Civil Rights Act of 1991 do not apply retroactively, and that the plaintiff failed to present direct evidence of discrimination or pretext for her termination.
• Colantuno v. Aetna Ins. Co.
  980 F.2d 908· 3d Cir.· 1992-12-01
  The court held that the Pennsylvania bad faith statute applies to conduct occurring after its effective date, even if the insurance policy predates the statute.
• Kravitz v. Lewis S. Benjamin, D.M.D.
  608 So. 2d 584· Fla. 4th DCA· 1992-11-25
  The court held that the statutory requirements for a presuit notice of intent to initiate litigation did not apply to causes of action arising before the statute's effective date.
• City of Miami v. Meyer
  614 So. 2d 1109· Fla. 1st DCA· 1992-10-14
  The City of Miami's appeal of a workers' compensation offset ordinance decision was affirmed, with the court rejecting the city's arguments that Barragan v. City of Miami should not apply retroactively and that a ten percent penalty was improper.
• Sheridan v. Struble
  977 F.2d 1229· 8th Cir.· 1992-10-08
  A new statute of limitations does not apply to actions already accrued unless the legislature expressly states so.
• Commonwealth OF The N. Mariana Islands v. Mariano Faisao Mendiola
  976 F.2d 475· 9th Cir.· 1992-09-23
  The CNMI Supreme Court had jurisdiction over the appeal, but Mendiola's confessions were involuntary due to the totality of the circumstances, including inadequate Miranda warnings and his mental state, and should have been suppressed.
• Gonsalves v. Internal Revenue Serv.
  975 F.2d 13· 1st Cir.· 1992-09-14
  The court held that the taxpayer could not recover damages under 26 U.S.C. § 7433 for alleged constitutional violations or for actions predating the statute's effective date, nor could he circumvent standard tax refund procedures.
• Perveler v. Estelle
  974 F.2d 1132· 9th Cir.· 1992-09-08
  The court held that the Board of Prison Terms had 'some evidence' to support the rescission of the appellant's parole date, satisfying due process requirements.
• Nobles v. White Cnty.
  973 F.2d 544· 7th Cir.· 1992-08-24 ·via Retroactivity Of Statutory Amendments
  The court held that White County could be liable for failing to warn of a sight obstruction at an intersection under the pre-1986 version of the Local Governmental and Governmental Employees Tort Immunity Act, and that proximate cause was a jury question.
• Honeywell, Inc. v. United States
  973 F.2d 638· 8th Cir.· 1992-08-21 ·via Retroactive Tax Legislation
  The court held that the 1989 Act eliminating the WIN tax credit was not an unconstitutional statute of limitations, and Honeywell's claim based on retroactive certifications was invalid.
• Ryan v. Louis W. Sullivan, M.D.
  972 F.2d 721· 6th Cir.· 1992-08-18
  The court held that the amendment to 42 U.S.C. § 1382(c)(5) should be applied prospectively only, not retroactively.
• United States ex rel. Clarence Walker v. O'Leary
  973 F.2d 521· 7th Cir.· 1992-08-11
  The court held that the state's failure to resentence a prisoner under a more favorable intervening statute, when that statute provided for retroactive application, violated the prisoner's due process rights.
• Citizens & S. Nat'l Bank v. Fed. Deposit Ins. Corp.
  602 So. 2d 691· Fla. 4th DCA· 1992-08-05
• Haugen v. Total Petroleum, Inc.
  971 F.2d 124· 8th Cir.· 1992-07-27
  The court held that the Minnesota Supreme Court would not apply the new, longer statute of limitations retroactively to disability discrimination claims under the Minnesota Human Rights Act.
• Katzer v. Baldor Elec. Co.
  969 F.2d 935· 10th Cir.· 1992-07-13
  The court held that the district court erred in granting summary judgment on the wrongful discharge claim based on public policy, but correctly granted summary judgment on the intentional infliction of emotional distress and statutory discrimination claims.
• Rowe v. State
  602 So. 2d 642· Fla. 2d DCA· 1992-07-10
  The court reversed the defendant's habitual offender sentence a second time because the trial judge failed to make the required statutory findings under the 1987 version of Florida's habitual offender statute.
• United States v. Santamaria-Hernandez
  968 F.2d 980· 9th Cir.· 1992-07-07
  A seizure under the Fourth Amendment occurs upon physical apprehension of a suspect who flees, not at the moment of a show of authority, allowing events during flight to be considered for founded suspicion.
• Wilson v. State
  600 So. 2d 546· Fla. 1st DCA· 1992-06-17
  A defendant sentenced as a habitual violent felony offender may file a successive Rule 3.850 motion to challenge consecutive minimum mandatory sentences imposed for crimes arising from a single criminal episode when a controlling appellate decision announced during the appeal's p
• Slawomir Zegarski v. Immigr. & Naturalization Serv.
  965 F.2d 426· 7th Cir.· 1992-06-10 ·via Retroactivity Of Statutory Amendments
  The court held that the aggravated felony exception to the automatic stay of deportation is retroactive, and thus, the petitioner is not entitled to an automatic stay.
• Assily v. Tampa Gen. Hosp.
  59 Fair Empl. Prac. Cas. (BNA) 41· M.D. Fla.· 1992-05-29
  The court held that the Civil Rights Act of 1991 applies retroactively to pending cases, allowing claims for compensatory and punitive damages and a jury trial, as no manifest injustice would result.
• Robert v. Steinhilber
  965 F.2d 602· 8th Cir.· 1992-05-26
  The court held that the malicious prosecution claim was barred by the statute of limitations and that the abuse of process claim was also time-barred under Missouri law.
• Haynes v. Shoney's, Inc.
  803 F. Supp. 393· N.D. Fla.· 1992-03-12
  The court held that the Civil Rights Act of 1991 should not be applied retroactively to cases filed before its enactment. The court denied the plaintiffs' motion regarding the Act's applicability.
• Davis v. State OF Neb.
  958 F.2d 831· 8th Cir.· 1992-03-11
  The court held that the state court's retroactive application of its interpretation of the habitual criminal statute, which combined elements of two prior convictions in an unforeseeable manner, violated the Due Process Clause of the Fourteenth Amendment.
• Harrold v. State
  590 So. 2d 1015· Fla. 2d DCA· 1991-12-11
• Sink v. BOB Bell Roofing, Inc.
  590 So. 2d 504· Fla. 1st DCA· 1991-12-03
  Appellate court affirmed the 12-week duration of attendant-care benefits but reversed the award of minimum wage reimbursement, holding that pre-October 1988 attendant care must be reimbursed at market rate rather than statutory minimum wage.
• Wilson v. C.M. Lensing and Attorney General of Louisiana
  943 F.2d 9· 5th Cir.· 1991-09-27
  The court held that the retroactive application of Louisiana's amended statute allowing sentencing on habitual offender bills after an appeal order did not constitute an ex post facto violation.
• Peter Kurachek, D.M.D. v. Dep't of Prof'l Reg.
  588 So. 2d 3· Fla. 2d DCA· 1991-09-20
  The court affirmed the Board of Dentistry's suspension and probation of a dentist's license but reversed the $3,000 fines imposed for violations occurring before the 1986 statutory amendment increasing the maximum fine to $3,000, holding that only the prior $1,000 maximum applied
• Ulvin v. Parayno
  943 F.2d 862· 8th Cir.· 1991-09-03
  The court held that opt-in plaintiffs cannot rely on an EEOC charge that does not put the employer on notice of their specific claims, and that a broad release in a termination agreement, signed before the Older Workers Benefit Protection Act, is valid for ADEA claims if it meets
• Darin Gray Arnold v. Maynard
  942 F.2d 761· 10th Cir.· 1991-08-19
  Venue for a 42 U.S.C. § 1983 action is proper in any district where the claim arose or where any defendant resides, even if defendants reside in different districts within the same state, under 28 U.S.C. § 1392(a).
• The Nat'l Wildlife Fed'n v. The Agric. Stabilization & Conservation Serv.
  941 F.2d 667· 8th Cir.· 1991-08-08
  The court vacated the district court's judgment and remanded the case because a subsequent amendment to the Swampbuster Act provided an explicit good-faith exemption, which applied retroactively.
• Parrado v. State
  582 So. 2d 146· Fla. 3d DCA· 1991-07-09
  Defendant's thirty-year sentence for cocaine trafficking was vacated because the trial judge imposed a departure from guidelines without entering written reasons as required by Pope v. State, and the case was remanded for resentencing within guidelines.
• Jackson v. State
  581 So. 2d 237· Fla. 4th DCA· 1991-06-12 ·via Retroactivity Of Statutory Amendments
• Browning v. Maytag Corp.
  932 F.2d 1409· 11th Cir.· 1991-06-07
  Georgia Code Ann. § 51-1-11(c) cannot bar products liability actions based on negligence if the cause of action accrued before its effective date.
• Howard v. State
  579 So. 2d 274· Fla. 2d DCA· 1991-05-03
  A change in substantive law not announced by the Florida or U.S. Supreme Court, and not constituting fundamental error, does not warrant postconviction relief, especially when the defendant received a favorable plea agreement.
• Foster Wheeler Energy Corp. & Fla. Power & Light Wrap-Up v. Faircloth
  577 So. 2d 1382· Fla. 1st DCA· 1991-04-09
• State v. Johnson
  591 So. 2d 204· Fla. 4th DCA· 1991-03-20
  The State appealed a sentence imposed pursuant to a guilty plea where the trial court withheld adjudication and imposed one year probation—a downward departure from the sentencing guidelines. The appellate court reversed and remanded for resentencing, holding that the trial court
• Norquoy v. Metcalf
  575 So. 2d 322· Fla. 4th DCA· 1991-03-06
  The court held that the trial court committed reversible error by refusing to instruct the jury on the threshold requirements of the Florida No-Fault Law and that the defense was sufficiently pled. The court also vacated the judgment against the Bank.
• J.S.M. v. Dep't of Health & Rehabilitative Servs.
  571 So. 2d 581· Fla. 4th DCA· 1990-12-28
  A man challenged an HRS order confirming a report that he masturbated in the presence of a sleeping child, seeking expungement. The court reversed, holding that because the conduct was not prohibited by child abuse statutes at the time it occurred in 1983-1984, the report must be
• Berwald v. Gen. Motors Acceptance Corp.
  570 So. 2d 1109· Fla. 5th DCA· 1990-12-06
  The court held that the statute abrogating lessor liability applies retroactively to tort claims arising after its effective date, even if the lease predates it.
• Ardmore Farms & Crawford & Co. v. Bonalyn Wallace
  571 So. 2d 47· Fla. 1st DCA· 1990-11-21
• Pamalee Chambers v. Sw. Bell Tel. Co.
  917 F.2d 5· 5th Cir.· 1990-11-14
  The court held that 42 U.S.C. § 1981 does not reach an employer's alleged retaliation for an employee filing complaints under Title VII of the Civil Rights Act of 1964.
• Jensen v. Turnage
  782 F. Supp. 1527· M.D. Fla.· 1990-10-19
  The V.A. has an independent right of indemnity against a veteran for amounts paid on a guaranteed loan, regardless of whether the veteran received notice of foreclosure proceedings or was made a party to them.
• Bernstein v. Sullivan
  914 F.2d 1395· 10th Cir.· 1990-09-18
  The court held that the six-year statute of limitations added by the 1987 amendments to the Civil Monetary Penalties Law applies to actions initiated after its effective date, and its application to Dr. Bernstein does not violate his constitutional rights.
• S. Broward Topeekeegeeyugnee Park Dist. v. Velvet Martin and Michael Martin, Sr.
  564 So. 2d 1265· Fla. 4th DCA· 1990-08-15
  This case involves a wrongful death action arising from the death of a minor child. The court affirmed the judgment for appellees on the main appeal and reversed the trial court's limitation of damages to $200,000, holding that under Florida law a judgment against a governmental
• State v. Mervyn Moreland
  564 So. 2d 1164· Fla. 4th DCA· 1990-07-11
  The State appealed a trial court's grant of a new trial to a defendant convicted of first-degree murder based on a Florida Supreme Court decision finding Palm Beach County's jury districting system unconstitutionally excluded Black citizens from jury pools. The appellate court re
• Standford P. Birnholz v. The 44 Wall St. Fund, Inc.
  904 F.2d 567· 11th Cir.· 1990-06-27
  A technical violation of failing to pay a periodic renewal fee under an amended securities statute, after initially obtaining an exemption and complying with all public protection provisions, can be excused under the doctrine of substantial compliance.
• DeSONIER v. Louis W. Sullivan, M.D.
  906 F.2d 228· 6th Cir.· 1990-06-22
  The court held that the Secretary's interpretation of 20 C.F.R. § 404.354(b) as a reasonable interpretation of 42 U.S.C. § 416(h)(2)(A) is generally valid, but remanded for consideration of a 1987 Texas probate code amendment.
• Robinson v. Louis W. Sullivan, M.D.
  905 F.2d 1199· 8th Cir.· 1990-06-21
  The court held that the retroactive application of the Omnibus Act exempting senior judges from Social Security coverage did not violate due process or the Article III Compensation Clause.