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

• Irons v. Diamond
  670 F.2d 265· D.C. Cir.· 1981-12-18 ·cited 30×
  The court held that decisions relating to pending or abandoned patent applications are entirely exempt under 35 U.S.C. § 122 and FOIA Exemption 3, reversing prior precedent. It also reversed the requirement for prepayment of search fees for certain decisions, remanding for furthe
• Duple Motor Bodies, Ltd. v. Hollingsworth
  417 F.2d 231· 9th Cir.· 1969-09-19 ·cited 30×
  The dissenting judge argues that exercising jurisdiction over a foreign corporation based on minimal, extraterritorial contacts violates due process and intrudes on international relations.
• Glenn v. Leland
  129 Fla. 429· Fla.· 1937-10-14 ·cited 30×
  A property owner who purchased a tax sale certificate from the state after the repeal of Chapter 14,572 sought to foreclose the tax lien and recover attorney's fees and a clerk's search fee. The Florida Supreme Court held that while the foreclosure right was valid, attorney's fee
• Kenz v. Miami-Dade Cnty. & Unicco Serv. Co.
  116 So. 3d 461· Fla. 3d DCA· 2013-04-24 ·cited 29×
  Carrie Kenz appealed a summary judgment in a slip-and-fall case, arguing that the trial court should have applied the pre-suit statute (§768.0710) rather than the post-suit statute (§768.0755). The Third District Court of Appeal affirmed, holding that §768.0755 is procedural in n
• R.A.M. OF S. Fla., Inc. v. WCI Cmtys., Inc.
  869 So. 2d 1210· Fla. 2d DCA· 2004-03-26 ·cited 29×
  R.A.M. of South Florida, a subcontractor, appealed the trial court's ruling that its contract with WCI Communities was illegal and unenforceable because R.A.M. was unlicensed when it performed construction work. The appellate court affirmed, holding that R.A.M. had no vested righ
• Corinthia Louise Wilson v. Gen. Motors Corp.
  888 F.2d 779· 11th Cir.· 1989-11-16 ·cited 29×
  The one-year limitation on removal under the Judicial Improvements & Access to Justice Act does not retroactively apply to cases removed before the Act's effective date, even if the removal occurred more than one year after the action commenced.
• United States v. Mandel
  862 F.2d 1067· 4th Cir.· 1988-12-07 ·cited 29×
  The dissent argues that the majority misperceived the standard of review for a writ of error coram nobis, leading to an improper result. It asserts that the petitioners' conduct remains criminal under post-McNally law, and the evidence was sufficient to support the verdict, thus
• Bontkowski v. United States
  850 F.2d 306· 7th Cir.· 1988-06-24 ·cited 29×
  The court held that the district court properly dismissed the § 2255 petition regarding the cocaine conviction, but remanded the bank fraud conviction claim concerning insufficient factual basis for the plea.
• Duncan Campbell v. United States
  809 F.2d 563· 9th Cir.· 1987-02-03 ·cited 29×
  The dissenting justice believes the amended post-judgment interest rate should not apply to judgments entered before the amendment's effective date.
• Litton Sys., Inc. v. Am. Tel. & Tel. Co.
  746 F.2d 168· 2d Cir.· 1984-10-16 ·cited 29×
  The 1982 amendment to 28 U.S.C. § 1961, changing the post-judgment interest rate calculation, should not be applied retroactively to judgments entered before its effective date, even if pending on direct appeal.
• Long v. United States Internal Revenue Serv.
  742 F.2d 1173· 9th Cir.· 1984-09-14 ·cited 29×
  The court held that the ERTA amendment to 26 U.S.C. § 6103(b)(2) qualifies under FOIA Exemption 3, but the Commissioner's determination of impairment is subject to de novo judicial review.
• Rivera v. Becerra
  714 F.2d 887· 9th Cir.· 1983-08-29 ·cited 29×
  The court held that the Secretary was not required to provide notice and comment for the interpretative rule, that social security and private pensions are offset according to the statutory language, and that the statute does not violate equal protection or impermissibly retroact
• Okaloosa Cnty. GAS Dist. v. Mandel
  394 So. 2d 453· Fla. 1st DCA· 1981-02-06 ·cited 29×
  The court held that the attorney's fee award was not excessive, but the award of interest on the fee should run from the date the deputy commissioner determined the fee, not from 21 days after a stipulation was approved.
• Reuther v. Trs. OF the Trucking Emps. OF Passaic & Bergen Cnty. Welf. Fund & United States & Ray Marshall
  575 F.2d 1074· 3d Cir.· 1978-04-28 ·cited 29×
  The court held that ERISA's one-year limit for refunding mistaken contributions does not apply to contributions made before ERISA's effective date, nor does it bar claims where trustees' delay created inequitable circumstances for post-effective date contributions.
• Davidson v. City OF Coral Gables
  119 So. 2d 704· Fla. 3d DCA· 1960-03-31 ·cited 29×
  Davidson sought a declaratory judgment regarding her right to obtain a liquor license for her restaurant in Coral Gables, which met statutory requirements but was denied based on city zoning ordinances and population quota limitations. The court held that the applicable law at th
• Goodkind v. Wolkowsky
  151 Fla. 62· Fla.· 1942-07-10 ·cited 29×·via Retrospective Operation Of Statutes
  An attorney employed to represent taxpayers in a federal income tax dispute for a fixed $4,000 fee was wrongfully discharged without cause after six months of substantial performance. The Florida Supreme Court held that substantial performance of such a contract entitles the atto
• De Bowes v. De Bowes
  7 So. 2d 4· Fla.· 1942-02-20 ·cited 29×
  The court considered a motion to dismiss an appeal based on a new statute that shortened the time for taking appeals. The court held that the appeal was timely as to the "amended final decree" because it was filed within the new statutory period, even though the original decree w
• Orme v. State
  25 So. 3d 536· Fla.· 2009-11-19 ·cited 28×
  Roderick Michael Orme was convicted of murder, sexual battery, and robbery in 1992 for the brutal murder of nurse Lisa Redd. After a successful ineffective assistance of counsel claim on direct appeal regarding failure to investigate bipolar disorder, Orme was resentenced to deat
• Grice v. State
  967 So. 2d 957· Fla. 1st DCA· 2007-10-05 ·cited 28×
  Frederick Grice appeals his conviction for drug possession, arguing he was improperly denied first and last closing arguments at trial. The court holds that although the newly enacted section 918.19 (effective October 1, 2006) could constitutionally apply to pre-enactment offense
• Jones v. State
  872 So. 2d 938· Fla. 5th DCA· 2004-03-26 ·cited 28×
  Richard Jones challenges his sentences for aggravated assault on a law enforcement officer, which included mandatory minimum sentences imposed under Chapter 02-209, a 2002 legislative reenactment of an unconstitutional 1999 statute. The Fifth District Court of Appeal, sitting en
• Foster v. State
  861 So. 2d 434· Fla. 1st DCA· 2001-10-16 ·cited 28×
  Curtis Foster was convicted of burglary under jury instructions that permitted conviction based on remaining in a structure with intent to commit theft, without requiring proof he remained surreptitiously. The Florida Supreme Court's decision in Delgado v. State required that 're
• DOE v. Am. Online, Inc.
  783 So. 2d 1010· Fla.· 2001-03-08 ·cited 28×
  The Florida Supreme Court held that Section 230 of the Communications Decency Act preempts Florida tort law and bars negligence claims against Internet service providers for distributing third-party content, even when the underlying acts occurred before the CDA's enactment. The c
• ACE Disposal & Fla. Air Condition Contractors v. Holley
  668 So. 2d 645· Fla. 1st DCA· 1996-02-20 ·cited 28×
  A 1993 amendment to section 440.15(1)(f)2.b., Florida Statutes, requiring claimants receiving permanent total disability benefits to apply for and cooperate with social security disability benefits is procedural, not substantive, and therefore applies retroactively to injuries oc
• Love v. State
  559 So. 2d 198· Fla.· 1990-02-15 ·cited 28×
  The Florida Supreme Court addressed whether the retroactive application of Hall v. State, which overruled Gibson and prohibited dual convictions for armed robbery with a firearm and possession of a firearm during a felony, applies to Love's convictions that were final before Hall
• United States v. R.W. Meyer, Inc.
  889 F.2d 1497· 6th Cir.· 1989-11-20 ·cited 28×
  The court held that indirect costs are recoverable under CERCLA as part of the total response costs, and that the SARA amendment authorizing prejudgment interest could be applied retroactively.
• Coleman v. Saffle
  869 F.2d 1377· 10th Cir.· 1989-03-06 ·cited 28×
  The court held that Coleman's claim regarding the unconstitutional aggravating circumstance instruction was not barred by abuse of the writ or procedural default, and that the application of Oklahoma's subsequent reweighing rule did not violate ex post facto principles.
• Outar v. State
  508 So. 2d 1311· Fla. 5th DCA· 1987-06-18 ·cited 28×
  Outar appeals a trial court's imposition of $200 in court costs conditioned on gaining time credit. The appellate court vacates the cost provision because the trial court failed to determine whether Outar could afford to pay the costs, violating due process requirements.
• United States v. Gennaro J. Angiulo
  755 F.2d 969· 1st Cir.· 1985-02-25 ·cited 28×
  The Bail Reform Act of 1984 applies to defendants charged before its effective date if they are in pretrial detention, as this does not result in manifest injustice or contravene legislative intent.
• United States v. Scalf
  708 F.2d 1540· 10th Cir.· 1983-05-27 ·cited 28×·via Retrospective Application
  The court held that the defendant's confession, obtained after he invoked his right to counsel, was inadmissible, and the admission of the gun, while potentially admissible on other grounds, did not cure the error requiring a new trial.
• Cuddy v. Carmen
  694 F.2d 853· D.C. Cir.· 1982-12-03 ·cited 28×
  The court held that federal employees and applicants do not have a right to a jury trial under the ADEA, and therefore the district court erred in ordering a jury trial. The case is remanded for the court to make findings of fact and conclusions of law.
• Trudy Unger v. Consol. Foods Corp.
  693 F.2d 703· 7th Cir.· 1982-11-26 ·cited 28×
  A prior state court judgment on a discrimination claim must be given preclusive effect under 28 U.S.C. § 1738, even in a Title VII action, unless specific exceptions apply.
• Golden L. Moore v. Califano
  633 F.2d 727· 6th Cir.· 1980-10-27 ·cited 28×
  The dissenting judge believes the claimant is entitled to the § 921(c)(4) presumption of totally disabling pneumoconiosis, as the evidence of such disease is substantial.
• Nibali v. The United States
  634 F.2d 494· Ct. Cl.· 1980-08-13 ·cited 28×
  Attorney fees under the Civil Service Reform Act of 1978 are not available for civilian pay cases pending before the court on the Act's effective date, as there is no express statutory authority for such retroactive application against the United States.
• Dade Cnty. v. Ferro
  384 So. 2d 1283· Fla.· 1980-06-12 ·cited 28×
  The Florida Supreme Court addressed whether a four-year absolute statute of limitations for medical malpractice claims enacted in 1975 could be retroactively applied to injuries occurring before the statute's effective date. The Court held that absent clear legislative intent, th
• Ramey v. Harber
  589 F.2d 753· 4th Cir.· 1978-12-15 ·cited 28×
  The court held that the Supreme Court's decision in Elrod v. Burns should not be applied retroactively to cases where the patronage dismissals occurred before Elrod was decided, due to reliance interests and the potential for inequitable results.
• United States v. Shillingford
  586 F.2d 372· 5th Cir.· 1978-12-14 ·cited 28×
  A defendant cannot be sentenced under both 18 U.S.C. § 924(c) and the enhancement provision of 18 U.S.C. § 111 for the same conduct, as this violates congressional intent and established precedent.
• Hardy v. Pioneer Parachute Co., Inc.
  531 F.2d 193· 4th Cir.· 1976-01-22 ·cited 28×
  The court held that the district court had personal jurisdiction over the defendants under South Carolina's long-arm statute and the federal constitution.
• United States v. Groner
  494 F.2d 499· 5th Cir.· 1974-05-24 ·cited 28×
  The court held that the defendant's convictions for transporting obscene materials were valid, affirming the prior judgment.
• Abner Wynn Gordon v. The John Deere Co.
  451 F.2d 234· 5th Cir.· 1971-11-16 ·cited 28×
  The court certified a question to the Florida Supreme Court regarding whether Florida Statute § 48.182 applies retroactively to allow service of process for a wrongful act committed before the statute's enactment.
• State v. Ruiz
  863 So. 2d 1205· Fla.· 2003-12-18 ·cited 27×
  The Florida Supreme Court held that a 2001 statute (Ch. 2001-58) purporting to nullify the Delgado v. State decision on burglary does not apply retroactively to conduct occurring before February 1, 2000. The Court affirmed the Third District's reversal of burglary convictions for
• Sissel Cooper v. AETNA Cas. & Sur. Co.
  485 So. 2d 1367· Fla. 2d DCA· 1986-04-02 ·cited 27×
  The court held that prejudgment interest was not recoverable, but the trial court erred in retroactively applying a statute to limit attorney fees.
• ST. Regis Mohawk Tribe v. Brock
  769 F.2d 37· 2d Cir.· 1985-07-17 ·cited 27×·via Retroactivity Of Statutory Amendments
  The court held that the Secretary of Labor's failure to issue a final determination within 120 days does not bar the government from recovering misused CETA funds, and that the Secretary had authority under the 1973 CETA to order direct repayment.
• Jackson v. State OF Ala.
  530 F.2d 1231· 5th Cir.· 1976-04-30 ·cited 27×
  The dissenting judge argues that denying credit for pre-sentence and post-sentence detention to indigent defendants solely because of their inability to make bail constitutes unconstitutional discrimination based on wealth.
• Kai Jakobsen v. Mass. Port Auth.
  520 F.2d 810· 1st Cir.· 1975-06-30 ·cited 27×
  The court held that the Massachusetts Port Authority waived its defense regarding a statutory limitation on liability by failing to plead it timely, and that sufficient evidence supported a finding of negligence and business invitee status.
• Nettie Gelfand and Phillip Gelfand v. Tanner Motor Tours
  339 F.2d 317· 2d Cir.· 1964-12-09 ·cited 27×
  The court held that the plaintiffs' cause of action did not arise from the business transacted in New York, and remanded for a hearing on whether the defendants were 'doing business' in New York under § 301.
• Coffman v. Fed. Labs., Inc.
  171 F.2d 94· 3d Cir.· 1948-11-09 ·cited 27×
  The court held that the Royalty Adjustment Act and its implementing orders were constitutional and applicable to royalties accrued before their issuance, and that the compensation for taking patent rights during wartime is measured by the value at the time of taking, not inflated
• v. ID No. 0408022175 Paul Edward Weber
  2014 WL 4167492· Del. Super. Ct.· 2022-06-08 ·cited 26×
  The Delaware Superior Court denied the defendant's motion for an evidentiary hearing, finding it unnecessary. The court also denied the defendant's motion for a reduction of sentence under Rule 35(a) and Rule 35(b). Under Rule 35(a), the court found that the defendant's double je
• Raphael v. Shecter
  18 So. 3d 1152· Fla. 4th DCA· 2009-09-23 ·cited 26×
  The Fourth District Court of Appeal reversed a trial court's decision to retroactively apply Florida's 2003 damages cap statute to a medical malpractice case arising from a 2003 incident. The court held that the new statute could not be applied retroactively because it impaired t
• Fed. Deposit Ins. Corp. v. Wright
  942 F.2d 1089· 7th Cir.· 1991-08-29 ·cited 26×
  The court held that the D'Oench doctrine and 12 U.S.C. § 1823(e) preclude the borrower from asserting a lack of consideration defense based on unrecorded agreements, even when the FDIC acts as a receiver.
• Jennings v. State
  583 So. 2d 316· Fla.· 1991-06-13 ·cited 26×
  Bryan Fredrick Jennings, convicted of murdering six-year-old Rebecca Kunash and sentenced to death, appealed and petitioned for habeas corpus relief on grounds including Brady violations, ineffective assistance of counsel, and improper victim impact evidence. The Florida Supreme