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

• Milwe v. Cavuoto
  653 F.2d 80· 2d Cir.· 1981-06-25 ·cited 34×
  The court held that the district court abused its discretion in denying attorney's fees under 42 U.S.C. § 1988, as its reasoning was based on an overly restrictive interpretation of precedent and failed to consider key factors.
• Clutter v. Johns-Manville Sales Corp.
  646 F.2d 1151· 6th Cir.· 1981-04-07 ·cited 34×
  Under Ohio law, causes of action for insidious diseases like asbestosis, caused by asbestos exposure, accrue when the disease manifests itself, not upon the date of last exposure.
• Corpus v. Estelle
  605 F.2d 175· 5th Cir.· 1979-10-26 ·cited 34×
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to cases pending at the time of its enactment, and the Eleventh Amendment does not bar such awards against states.
• Olivares v. Martin
  555 F.2d 1192· 5th Cir.· 1977-05-31 ·cited 34×
  The court held that while the district court correctly dismissed some claims for lack of subject-matter jurisdiction, it erred in dismissing others on the same grounds; however, all claims ultimately fail to state a claim upon which relief can be granted.
• Ettinger v. Johnson
  518 F.2d 648· 3d Cir.· 1975-06-18 ·cited 34×
  The court's holding in Sperling v. United States, which grants federal employees trial de novo for employment discrimination, is the law of the circuit.
• Burston v. Caldwell
  506 F.2d 24· 5th Cir.· 1975-01-06 ·cited 34×
• United States v. Seiffert
  501 F.2d 974· 5th Cir.· 1974-10-04 ·cited 34×
  The court held that the judge's prior attendance at a creditors' meeting did not require disqualification, and the defendant's voluntary deposition testimony and business records were not protected by bankruptcy immunity in his criminal trial.
• Keystone Water Co., Inc. v. Bevis
  278 So. 2d 606· Fla.· 1973-05-09 ·cited 34×
  Keystone Water Company sought review of the Florida Public Service Commission's rate-setting decision that used a rate base of $50,000 instead of the undisputed fair value of $195,134.94. The Florida Supreme Court reversed, holding that utility rates must be based on fair value t
• Muniz v. Beto
  434 F.2d 697· 5th Cir.· 1970-11-05 ·cited 34×
  The majority opinion grants relief to Muniz based on discriminatory jury composition, but the dissenting judge disagrees with the retroactivity of this holding.
• United States v. Perry
  431 F.2d 1020· 9th Cir.· 1970-06-09 ·cited 34×
  The court held that summary judgment was inappropriate due to unresolved factual issues regarding whether payments constituted illegal kickbacks under the Anti-Kickback Act, and that the 1960 amendment extending the Act's coverage should be applied retroactively.
• Wagner v. Baron
  64 So. 2d 267· Fla.· 1953-03-17 ·cited 34×
  Wagner v. Baron addresses whether a prior judgment in bastardy proceedings under the pre-1951 version of Florida's bastardy statute bars a subsequent action under the amended 1951 statute. The Florida Supreme Court held that res judicata does not apply when intervening legislatio
• Hampton Roads Stevedoring Corp. v. O'Hearne
  184 F.2d 76· 4th Cir.· 1950-08-07 ·cited 34×
  The amendment to the Longshoremen's and Harbor Workers' Compensation Act, effective after the injury but before death, applies to death benefits because a new cause of action arises at death. The court also found substantial evidence supported the Commissioner's finding that the
• Van Horne v. Hines
  122 F.2d 207· D.C. Cir.· 1941-06-30 ·cited 34×
  The court held that a recent act stripping federal courts of jurisdiction to review decisions of the Administrator of Veterans' Affairs applies retroactively to pending appeals, requiring dismissal for lack of jurisdiction.
• Notami Hosp. OF Fla., Inc. v. Bowen
  927 So. 2d 139· Fla. 1st DCA· 2006-04-21 ·cited 33×
  A hospital challenged a trial court's ruling that Florida's Amendment 7 (the Patients' Right to Know About Adverse Medical Incidents) is self-executing and that the implementing statute (section 381.028) is unconstitutional because it impermissibly restricts the constitutional ri
• Mem'l Hospital-West Volusia, Inc. v. News-Journal Corp.
  729 So. 2d 373· Fla.· 1999-01-21 ·cited 33×
  Memorial Hospital-West Volusia, Inc., a private nonprofit corporation operating a public hospital under a lease agreement with the West Volusia Hospital Authority, is subject to Florida's public records and open meetings laws because it is acting on behalf of the Authority in per
• Small v. Niagara Mach. & Tool Works
  502 So. 2d 943· Fla. 2d DCA· 1987-01-20 ·cited 33×
  The Smalls appeal a summary judgment dismissing their products liability action against Niagara Machine & Tool Works based on Florida's twelve-year statute of repose. The court affirms, holding that the statute of repose applies to bar the suit filed over 30 years after the punch
• Hight v. State
  253 So. 3d 1137· Fla. 4th DCA· 2018-08-08 ·cited 32×
  A statutory amendment to the Stand Your Ground law that shifts the burden of persuasion and proof from the defendant to the state constitutes a substantive change in the law and applies only prospectively from its effective date, not retroactively to cases completed before enactm
• Edema Abrakata v. State
  168 So. 3d 251· Fla. 1st DCA· 2015-06-18 ·cited 32×
  Edema Abrakata, convicted at age 17 of attempted second-degree murder and sentenced to 25 years with a mandatory minimum, appeals on three grounds: sentencing review eligibility, whether the mandatory minimum violates Graham v. Florida, and imposition of costs. The court affirmed
• Lecorn v. State
  832 So. 2d 818· Fla. 5th DCA· 2002-11-08 ·cited 32×
  Calvin Lecorn appeals his conviction and seven-year mandatory minimum sentence for trafficking in cocaine after pleading nolo contendere. The Fifth District affirmed, rejecting his challenges to the suppression denial and the constitutionality of the sentencing statute.
• City OF Miami v. Bell
  606 So. 2d 1183· Fla. 1st DCA· 1992-09-16 ·cited 32×
  The City of Miami appeals a workers' compensation order awarding Ronald Bell retroactive PTD benefits that had been improperly offset against his disability pension under an ordinance invalidated by the Florida Supreme Court in Barragan v. City of Miami. The court affirms the awa
• City OF Miami v. Jones
  593 So. 2d 544· Fla. 1st DCA· 1992-01-17 ·cited 32×
  The court held that section 440.09(4), Florida Statutes, in effect at the time of the claimant's injury, was a substantive statute permitting offsets of workers' compensation benefits from pension benefits, and its repeal did not affect the City's entitlement to take such offsets
• DeVARGAS v. Mason & Hanger-Silas Mason Co., Inc.
  911 F.2d 1377· 10th Cir.· 1990-08-09 ·cited 32×
  The court held that the Civil Rights Restoration Act of 1987 does not apply retroactively, and Mason & Hanger did not receive federal financial assistance under Section 504.
• Vill. OF Bellwood v. Chandra Dwivedi
  895 F.2d 1521· 7th Cir.· 1990-01-30 ·cited 32×
  The court held that the jury instructions regarding the intent required for a Title VIII violation were flawed, potentially affecting the verdict, and that the evidence against one defendant was insufficient.
• Jasperson v. Purolator Courier Corp.
  765 F.2d 736· 8th Cir.· 1985-06-24 ·cited 32×
  The court held that the amended service letter statute applies retrospectively, limiting punitive damages to failure to issue a letter, and that the plaintiff failed to prove actual damages.
• In re Adams v. Adams
  761 F.2d 1422· 9th Cir.· 1985-05-29 ·cited 32×
  Debts arising from liabilities incurred as a result of drunk driving are nondischargeable, and this includes both compensatory and punitive damages.
• Wayne and Vivian Smith v. L.J. "Lu" Hindery
  454 So. 2d 663· Fla. 1st DCA· 1984-07-25 ·cited 32×
  Wayne and Vivian Smith appeal a forfeiture order for a pickup truck used by Wayne in a stolen cattle transport. The First District Court of Appeal reversed, holding that property held by the entireties cannot be forfeited by one spouse acting alone without the other spouse's know
• Nat'l Labor Relations Bd. v. Monark Boat Co.
  713 F.2d 355· 8th Cir.· 1983-07-22 ·cited 32×
  The court held that the company's allegations of election coercion raised substantial and material factual issues requiring an evidentiary hearing, thus denying enforcement of the NLRB's bargaining order.
• Lincoln Isaac v. Engle
  646 F.2d 1129· 6th Cir.· 1980-12-12 ·cited 32×
• Weisenberger v. Huecker
  593 F.2d 49· 6th Cir.· 1979-02-27 ·cited 32×
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to pending cases and allows for attorney's fees for time spent litigating fee awards.
• Carpenter v. Fla. Cent. Credit Union
  369 So. 2d 935· Fla.· 1979-02-22 ·cited 32×
  The Florida Supreme Court reversed the trial court's holding that a statutory reduction of the limitations period for sealed promissory notes from 20 to 5 years violated the Contract Clause. The Court held that the seal created no substantive contractual right but merely designat
• Krogen v. Krogen
  320 So. 2d 483· Fla. 3d DCA· 1975-10-21 ·cited 32×
  Child support obligations cease when a child reaches the age of eighteen, regardless of college attendance, unless the child is mentally or physically disabled.
• Overseas African Constr. Corp. v. McMULLEN
  500 F.2d 1291· 2d Cir.· 1974-07-05 ·cited 32×
  The court held that the insurer's jurisdictional challenge was insufficient to overcome the statutory presumption of jurisdiction under the Defense Base Act, and that attorney fees incurred by the claimant in resisting the insurer's appeal were recoverable.
• The Mont. Power Co. v. Fed. Power Comm'n
  445 F.2d 739· D.C. Cir.· 1970-07-15 ·cited 32×
  The dissenting opinion argues that section 28 of the Federal Water Power Act of 1920, which protects existing licenses from subsequent amendments, should prevent the Federal Power Commission from unilaterally altering the arbitration clause for rental readjustments in the Montana
• United States Fid. & Guar. Co. v. Hendry Corp.
  391 F.2d 13· 5th Cir.· 1968-02-29 ·cited 32×
• Schoen v. Mountain Producers Corp.
  170 F.2d 707· 3d Cir.· 1948-11-09 ·cited 32×
  The court held that the venue statute for stockholder derivative suits requires diversity of citizenship between the injured corporation and the defendants for the special venue provision to apply. It also held that corporate defendants waived improper venue objections by not rai
• Tashara Love v. State
  286 So. 3d 177· Fla.· 2019-12-19 ·cited 31×
  Section 776.032(4) is a procedural change in law that applies to all Stand Your Ground immunity hearings conducted on or after the statute's effective date, including in pending cases. The statute does not operate retroactively in the constitutional sense because it does not atta
• Jennings v. McDONOUGH
  490 F.3d 1230· 11th Cir.· 2007-07-03 ·cited 31×
  Bryan Jennings was convicted of the 1979 murder of six-year-old Rebecca Kunash and sentenced to death. On federal habeas review under 28 U.S.C. § 2254, Jennings challenged his death sentence on four grounds: (1) Brady violations based on withheld evidence regarding his intoxicati
• Env't Confederation OF Sw. Fla., Inc. v. IMC Phosphates, Inc.
  857 So. 2d 207· Fla. 1st DCA· 2003-07-31 ·cited 31×
  The court held that environmental advocacy groups denied standing to initiate an administrative challenge to an environmental permit have standing to appeal that denial, because the deprivation of the right to initiate a proceeding constitutes an injury sufficient for judicial re
• Timothy v. Summers
  747 So. 2d 987· Fla. 5th DCA· 1999-11-19 ·cited 31×·via Retroactivity Of Statutory Amendments
  In this post-conviction appeal, the court held that Timothy Summers was illegally sentenced as an habitual offender for a second-degree murder conviction committed in January 1994, because the habitual offender statute did not apply to life felonies until an October 1995 amendmen
• Gersman v. Grp. Health Ass'n, Inc.
  975 F.2d 886· D.C. Cir.· 1992-09-15 ·cited 31×
  The court held that the Civil Rights Act of 1991 does not apply retroactively to conduct that occurred before its enactment, and therefore, the prior ruling based on Patterson v. McClean Credit Union stands.
• Cooper v. Louie L. Wainwright
  807 F.2d 881· 11th Cir.· 1986-12-19 ·cited 31×
  The court held that the doctrine of Wainwright v. Sykes and Murray v. Carrier does not bar review of the petitioner's claim that the trial court unconstitutionally excluded mitigating evidence.
• Louis Vuitton S.A. v. Spencer Handbags Corp.
  765 F.2d 966· 2d Cir.· 1985-06-26 ·cited 31×
  The court held that the Trademark Counterfeiting Act's treble damages provision should be applied prospectively to avoid potential constitutional issues, and affirmed the district court's denial of the motion to amend the judgment.
• State v. Eldridge Pizarro
  383 So. 2d 762· Fla. 4th DCA· 1980-05-14 ·cited 31×
• Sikora v. Am. CAN Co.
  622 F.2d 1116· 3d Cir.· 1980-03-31 ·cited 31×
  The court held that the 1978 amendments to the Age Discrimination in Employment Act, which prohibit involuntary retirement, should not be applied retroactively to cases where employees were retired before the amendments took effect, due to manifest injustice.
• Silas R. Stone and Charles R. Krisher v. Town OF Mexico Beach
  348 So. 2d 40· Fla. 1st DCA· 1977-06-29 ·cited 31×
  Stone and Krisher appealed the trial court's judgment upholding a town's garbage collection ordinances and foreclosing liens against their property for non-payment of garbage fees. The appellate court affirmed the town's authority to charge flat-rate garbage collection fees and i
• United States v. Seiffert
  463 F.2d 1089· 5th Cir.· 1972-07-21 ·cited 31×
  The court held that the government failed to meet its burden of proving that evidence used against the defendant was derived from a legitimate source wholly independent of his compelled bankruptcy testimony.
• Shiflett v. Commonwealth OF Va.
  447 F.2d 50· 4th Cir.· 1971-06-24 ·cited 31×
  The judge, initially concurring with the panel majority, now joins the en banc opinion, agreeing with prospective application of the decision.
• Reed v. HOY
  909 F.2d 324· 9th Cir.· 1989-12-15 ·cited 30×
  The court held that the jury instruction misstated the law by applying a substantive due process standard instead of the Fourth Amendment's objective reasonableness standard for excessive force claims.
• Schaefer v. Heckler
  792 F.2d 81· 7th Cir.· 1986-06-04 ·cited 30×
  The court held that a posthumous determination of paternity under amended state law does not retroactively establish inheritance rights for purposes of Social Security survivor benefits if the law in effect at the time of death did not permit such inheritance.
• United States v. Kimberlin
  776 F.2d 1344· 7th Cir.· 1985-11-04 ·cited 30×·via Retroactivity Of Statutory Amendments
  The court held that the district court lacked jurisdiction to consider the defendant's sentence reduction motion because it was filed outside the 120-day time limit of the applicable version of Fed.R.Crim.P. 35(b).