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

• Slaughter v. State
  493 So. 2d 1109· Fla. 1st DCA· 1986-09-11 ·cited 46×
  Sixteen defendants appealed court cost assessments imposed under a 1985 Florida statute. The appellate court reversed the cost assessments (except for one defendant) because the trial court failed to determine indigency before imposing costs, which the statute required as a prere
• Sturdivan v. State
  419 So. 2d 300· Fla.· 1982-06-24 ·cited 46×
  Merle Sturdivan was convicted of first-degree murder and sentenced to death for a 1971 killing, but the Florida Supreme Court reversed and remanded for a new trial because the trial court erroneously refused to instruct the jury on lesser included offenses. The court held that th
• Iowa Power & Light Co. v. Burlington N., Inc.
  647 F.2d 796· 8th Cir.· 1981-04-27 ·cited 46×
  The court held that the Staggers Rail Act of 1980 did not apply to this case due to its timing and the manifest injustice of retroactive application, and that the ICC properly considered the parties' agreed rate as evidence of a reasonable maximum.
• Adams Nursing Home OF Williamstown, Inc. v. Mathews
  548 F.2d 1077· 1st Cir.· 1977-02-02 ·cited 46×·via Retroactive Legislation
  The court held that the Secretary's 'recapture' regulation for accelerated depreciation payments is constitutional and within statutory authority, reversing the lower court's injunction.
• Anton E. Sperling v. United States
  515 F.2d 465· 3d Cir.· 1975-05-02 ·cited 46×
  The court held that Section 717 of the Equal Employment Opportunity Act of 1972 applies retroactively to cases pending administrative review at its enactment, and that federal employees are entitled to a de novo trial in district court, not merely review of the administrative rec
• Trs. OF Tufts Coll. v. Triple R. Ranch, Inc.
  275 So. 2d 521· Fla.· 1973-03-21 ·cited 46×
  The Florida Supreme Court determined whether Section 704.05, a 1970 statute limiting mineral rights easements to 20 years, applies retroactively to interests created before its enactment. The Court held the statute applies only prospectively, thereby protecting pre-existing veste
• Seese v. Bethlehem Steel Co. Shipbuilding Div.
  168 F.2d 58· 4th Cir.· 1948-05-05 ·cited 46×·via Retroactive Legislation
  The Portal-to-Portal Act of 1947 is constitutional, as it is a valid exercise of Congress's commerce power and does not violate the Fifth Amendment.
• Paschal v. Louie L. Wainwright
  738 F.2d 1173· 11th Cir.· 1984-08-13 ·cited 45×
  The court held that the Florida Parole and Probation Commission's application of the Objective Parole Guidelines Act of 1978 did not violate the ex post facto clause because it did not substantively alter the petitioner's parole eligibility or increase his punishment.
• Berman v. Schweiker
  713 F.2d 1290· 7th Cir.· 1983-07-27 ·cited 45×
  The dissenting judge argues that the Equal Access to Justice Act (EAJA) should not be applied retroactively to award attorney's fees incurred before its effective date. The majority's decision is seen as an unwarranted expansion of liability on the public treasury.
• Angora Enters., Inc. v. Benjamin Cole et ux.
  439 So. 2d 832· Fla.· 1983-06-16 ·cited 45×
  The Florida Supreme Court upheld a Fourth District Court of Appeal decision holding that escalation clauses in recreational leases attached to a condominium declaration are void and unenforceable under Florida Statute 718.401(8), and that the lessor's language in the declaration
• The Dep't OF Motor Vehicles of the State of Fla. v. Mercedes-Benz OF N. Am., Inc.
  408 So. 2d 627· Fla. 2d DCA· 1981-12-16 ·cited 45×
  Fifth Avenue Motors and Dwayne Hawkins sought to transfer a Mercedes-Benz franchise under a dealer agreement that expressly provided for New Jersey law governance. The lower court dismissed their complaint applying Florida law, but the appellate court reversed, holding that the p
• Lang v. Tex. & Pac. Ry. Co. & Missouri-Pacific R.R. Co.
  624 F.2d 1275· 5th Cir.· 1980-08-25 ·cited 45×
  The court held that the widow had capacity to sue after amendment and that sufficient evidence supported the jury's finding of negligence, but reversed and remanded for a new trial on damages due to the refusal of a jury instruction on income tax.
• Wheeler v. State
  549 So. 2d 687· Fla. 1st DCA· 1989-08-16 ·cited 44×
  Larry Wheeler was convicted of both sale of cocaine and possession of cocaine with intent to sell under the same Florida statute. The First District Court of Appeal reversed, holding that the statutory structure of section 893.13(1)(a) demonstrates legislative intent to punish on
• United States v. Von Kolter
  849 F.2d 541· 11th Cir.· 1988-07-13 ·cited 44×
  The court held that the amended definition of 'convicted felon' under 18 U.S.C. § 921(a)(20) applies to cases pending on its effective date, even if the offense and indictment occurred earlier.
• Am. Motors Corp. & Jeep Corp. v. Abrahantes
  474 So. 2d 271· Fla. 3d DCA· 1985-06-25 ·cited 44×
  The court reversed the denial of motions to dismiss for lack of personal jurisdiction, holding that the plaintiffs failed to establish that their causes of action arose from the defendants' activities in Florida, as required by the statute in effect at the time of the initial fil
• Watkins Motor Lines, Inc. v. Interstate Commerce Comm'n & United States
  641 F.2d 1183· 5th Cir.· 1981-04-09 ·cited 44×
  The court held that the ICC's order granting authority from Los Angeles to the Southeast and from five specific southeastern port cities to Los Angeles was supported by substantial evidence under the old law, but the grant of authority from other points in the Southeast to Los An
• State v. Munford
  357 So. 2d 706· Fla.· 1978-04-04 ·cited 44×
  The Florida Supreme Court held that a sentencing statute permitting separate sentences for multiple offenses arising from a single transaction cannot be applied retroactively to offenses committed before the statute's October 1, 1976 effective date. Under pre-1976 law, a defendan
• GAY LIB v. The Univ. OF Mo.
  558 F.2d 848· 8th Cir.· 1977-06-08 ·cited 44×
  The court, evenly divided, denied the petition for rehearing en banc, meaning the panel's decision stands. Judge Gibson dissented, arguing the panel misapplied Fed. R. Civ. P. 52's clearly erroneous standard.
• Chastang v. Flynn & Emrich Co.
  541 F.2d 1040· 4th Cir.· 1976-06-10 ·cited 44×
  The majority opinion retroactively applied the Civil Rights Act to pension benefits accrued before the Act's effective date, vitiating forfeitures for early retirement.
• Chaney v. Schweiker
  659 F.2d 676· 5th Cir.· 1981-10-21 ·cited 43×
  The court held that the district court must determine if new evidence meets the requirements of § 405(g) for a remand to the Secretary.
• Dietz v. Warden
  640 F.2d 126· 8th Cir.· 1981-01-30 ·cited 43×
  A jury instruction creating a burden-shifting presumption of intent violates due process and requires federal habeas relief, even if not objected to at trial, provided the petitioner can show cause for the failure to object.
• Winer v. Edison Bros. Stores Pension Plan
  593 F.2d 307· 8th Cir.· 1979-02-21 ·cited 43×
  The court held that the Retirement Committee violated ERISA by enforcing a "bad boy" clause to deny pension benefits to employees whose misconduct occurred before ERISA's effective date but whose claims arose after.
• Sanders v. City OF Orlando
  997 So. 2d 1089· Fla.· 2008-09-25 ·cited 42×
  The Florida Supreme Court held that the 2001 amendment to section 440.20(11)(c) of the Workers' Compensation Act did not divest Judges of Compensation Claims (JCCs) of jurisdiction to vacate or set aside settlement agreements for represented claimants. The amendment eliminated th
• State v. Solomon Stevens
  714 So. 2d 347· Fla.· 1998-03-26 ·cited 42×
  The Florida Supreme Court held that State v. Iacovone, which limited sentencing enhancement provisions to attempted first-degree murder, must be applied retroactively to defendants like Stevens who were sentenced under the broader statutory scheme. The court found that Iacovone m
• Arbour v. Jenkins
  903 F.2d 416· 6th Cir.· 1990-05-15 ·cited 42×
  The court held that the district court erred in deeming the Attorney General's scope of employment certification conclusive and nonreviewable, and in denying the plaintiff discovery on that issue.
• Lavender v. V & B Transmissions & Auto Repair
  897 F.2d 805· 5th Cir.· 1990-04-06 ·cited 42×
  The court held that the Supreme Court's decision in Patterson v. McLean Credit Union should be applied retroactively, and that discriminatory termination is not actionable under 42 U.S.C. § 1981.
• Santos-Martinez v. Soto-Santiago
  863 F.2d 174· 1st Cir.· 1988-12-19 ·cited 42×
  The court held that a notice of appeal failing to specifically name the appealing parties, using "et al." or "All plaintiffs," does not satisfy Federal Rule of Appellate Procedure 3(c) and deprives the court of jurisdiction.
• Nissan Motor Co., Ltd. v. Phlieger
  508 So. 2d 713· Fla.· 1987-05-28 ·cited 42×
  A statute of repose under section 95.031(2) applies only to products liability actions under section 95.11(3) and does not bar wrongful death actions under section 95.11(4)(d). Accordingly, a wrongful death action may be brought within two years of the decedent's death even if th
• Fla. Med. Ctr., Inc. v. von Stetina
  436 So. 2d 1022· Fla. 4th DCA· 1983-08-10 ·cited 42×
  A Florida appellate court affirmed a $12.47 million compensatory damages award in a medical malpractice case involving a young woman rendered permanently brain-damaged by a hospital respirator malfunction, but reversed and reduced the attorney's fees award from $4.4 million to $1
• Shelter Framing Corp. v. Pension Benefit Guar. Corp.
  705 F.2d 1502· 9th Cir.· 1983-05-20 ·cited 42×
  The court held that the retroactive application of the withdrawal liability provision of the Multiemployer Pension Plan Amendments Act violates employers' due process rights.
• Salemme v. Ristaino
  587 F.2d 81· 1st Cir.· 1978-11-22 ·cited 42×
  The court held that the petitioner's claims of constitutional error, including issues regarding evidentiary rulings, double jeopardy, witness access, voir dire, prosecutorial remarks, and jury instructions, did not warrant federal habeas corpus relief.
• Ferdinand D. Wharton, Jr. v. Knefel
  562 F.2d 550· 8th Cir.· 1977-09-19 ·cited 42×
  The trial court's finding that the plaintiff failed to prove discrimination was clearly erroneous; racial discrimination in housing is unlawful under federal civil rights acts.
• United States v. Wechsler
  392 F.2d 344· 4th Cir.· 1968-02-05 ·cited 42×
  The court held that the federal bribery statute is not limited by state law definitions of bribery and that the crime is not complete until the unlawful act is accomplished after using interstate commerce facilities.
• Local 1545, United Bhd. OF Carpenters & Joiners OF Am., AFL-CIO v. Vincent
  286 F.2d 127· 2d Cir.· 1960-12-19 ·cited 42×
  The court held that the Board majority misconstrued the import of Section 8(e) by invalidating a contract bar based on a 'hot-cargo' clause that was valid when made and not involved in the dispute.
• Burnice C. Baxley v. O'Neill
  825 So. 2d 406· Fla. 1st DCA· 2001-12-26 ·cited 41×
  The court held that the petitioner is not entitled to provisional credits because the offense was committed before the effective date of the amended statute.
• Firestone Tire & Rubber Co. v. Acosta
  612 So. 2d 1361· Fla.· 1992-10-22 ·cited 41×
  The Florida Supreme Court held that the repeal of a statute of repose does not revive a cause of action that was already extinguished by the statute before its repeal. The court reasoned that manufacturers had a vested right not to be sued once the repose period expired, and this
• Landgraf v. USI Film Prods.
  968 F.2d 427· 5th Cir.· 1992-07-30 ·cited 41×
  The court held that the Civil Rights Act of 1991 does not apply retroactively to conduct occurring before its enactment, and affirmed the district court's judgment finding no constructive discharge or retaliation.
• Fed. Deposit Ins. Corp. v. 232, Inc.
  920 F.2d 815· 11th Cir.· 1991-01-07 ·cited 41×
  The appellate court held that the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) applies to cases pending at its enactment, and the district court properly denied remand.
• Homemakers, Inc. v. Gonzales
  400 So. 2d 965· Fla.· 1981-07-02 ·cited 41×
  The Florida Supreme Court resolved a conflict between district courts regarding whether amended statutes of limitations apply retroactively to causes of action that accrued before the amendment. The Court held that statutes of limitations are applied prospectively unless the legi
• United States v. Vanella
  619 F.2d 384· 5th Cir.· 1980-06-16 ·cited 41×
  The court held that the 1979 amendments to the Speedy Trial Act, suspending the dismissal sanction, were procedural and thus retroactively applicable to pending cases, meaning the defendant was not entitled to dismissal.
• Am. Baseball CAP, Inc. v. Duzinski
  308 So. 2d 639· Fla. 1st DCA· 1975-01-31 ·cited 41×
  A foreign baseball cap manufacturer challenged service of process in a personal injury suit arising from a defective helmet. The court reversed the trial court's denial of a motion to dismiss, holding that a foreign corporation that was not doing business in Florida at the time o
• Kaynan Fitchner v. Lifesouth Cmty. Blood Ctrs., Inc.
  88 So. 3d 269· Fla. 1st DCA· 2012-04-13 ·cited 40×
  This wrongful death case involves a child who contracted West Nile Virus from contaminated blood supplied by LifeSouth Community Blood Centers. The court reversed a dismissal based on a 2003 statutory amendment adding blood banks to medical malpractice protections, holding the am
• Johnson v. Uncle Ben's, Inc.
  965 F.2d 1363· 5th Cir.· 1992-07-01 ·cited 40×
  The court affirmed the grant of summary judgment, holding that the plaintiff failed to establish a prima facie case of disparate impact under Title VII and that his § 1981 claim was not actionable under Patterson v. McLean Credit Union.
• Am. Stevedores, Inc. v. Salzano
  538 F.2d 933· 2d Cir.· 1976-07-06 ·cited 40×
  The court held that the Benefits Review Board correctly determined the claimant was permanently and totally disabled under the Act and that the constitutional challenge to retroactive benefit increases was without merit.
• Grubbs v. Butz
  514 F.2d 1323· D.C. Cir.· 1975-06-23 ·cited 40×
  The court held that a federal employee is not required to exhaust administrative remedies after 180 days have passed without final agency action, and administrative proceedings may continue concurrently with a civil action, provided the employee is given a full opportunity to pre
• Simpson v. Union OIL Co. OF Cal.
  411 F.2d 897· 9th Cir.· 1969-04-30 ·cited 40×
  The court held that the trial court properly considered the equities and ruled that the Supreme Court's Simpson decision should apply only prospectively, thus dismissing the appellant's damage claim. The court also affirmed the trial court's grant of a new trial.
• Horner v. Ferron
  362 F.2d 224· 9th Cir.· 1966-05-24 ·cited 40×
  The court held that the death of a plaintiff does not moot the appeal or abate the action, and that the district court erred in denying leave to file a complaint under Section 501(b) of the LMRDA based on defenses that required resolution of complex legal or factual issues.
• Tolg v. Grimes
  355 F.2d 92· 5th Cir.· 1966-01-24 ·cited 40×
• United States ex rel. Augustine Bagley v. Honorable J. E. LaVALLEE
  332 F.2d 890· 2d Cir.· 1964-06-11 ·cited 40×
  The court held that the petitioner must first exhaust his state remedies before seeking federal habeas corpus relief, as New York has provided a statutory procedure for challenging prior convictions used for sentence enhancement.
• Griffin v. State
  946 So. 2d 610· Fla. 2d DCA· 2007-01-05 ·cited 39×
  Eric Gabriel Griffin appealed his conviction for sexual battery with threat of force and mandatory thirty-year sentence as a prison releasee reoffender. The court affirmed the conviction and the prison releasee reoffender sentence but reversed and remanded to strike certain costs