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

• United States v. Harlin Jerome Traxel
  914 F.2d 119· 8th Cir.· 1990-09-06 ·cited 26×
  The court held that Minnesota convictions for which civil rights were restored before 1975, without an express firearm possession prohibition, do not count as predicate "violent felonies" for sentence enhancement under 18 U.S.C. § 924(e)(1).
• Standford P. Birnholz v. The 44 Wall St. Fund, Inc.
  880 F.2d 335· 11th Cir.· 1989-08-10 ·cited 26×
  The appellate court held that the amended statute requiring periodic fees to maintain a securities registration exemption was procedural and thus applied retroactively. It also held that the amended statute only required payment of the fee, not refiling of documents, to maintain
• Turboff v. Merrill Lynch
  867 F.2d 1518· 5th Cir.· 1989-03-23 ·cited 26×
  The court held that a recent amendment to the Federal Arbitration Act precludes appellate jurisdiction over interlocutory orders compelling arbitration, absent a Section 1292(b) certification.
• Brackenridge v. Ametek, Inc.
  517 So. 2d 667· Fla.· 1987-12-03 ·cited 26×·via Retrospective Application
  The Florida Supreme Court affirmed the dismissal of a product liability action where the plaintiff was injured by a product more than twelve years after its delivery. The court held that the 1983 legislative amendment abolishing the statute of repose in product liability actions
• Schuneman v. United States
  783 F.2d 694· 7th Cir.· 1986-02-10 ·cited 26×
  Taxpayers are entitled to special use valuation because the adjustable cash rent lease was substantially dependent upon production, and the government must refund interest paid on the state death tax credit from the date of verified proof of payment.
• Dep't of Health & Rehabilitative Servs. v. Am. Healthcorp of Vero Beach, Inc.
  471 So. 2d 1312· Fla. 1st DCA· 1985-06-18 ·cited 26×
  The Department of Health and Rehabilitative Services appeals a summary judgment ordering it to issue a certificate of need (CON) to American Healthcorp by default due to HRS's failure to timely decide the application. The court reverses, holding that section 381.494(8)(c), the sp
• Friel v. The Cessna Aircraft Co.
  751 F.2d 1037· 9th Cir.· 1985-01-14 ·cited 26×
  The court held that the recently enacted three-year statute of limitations, 46 U.S.C. § 763a, applies to this case, not the repealed two-year statute.
• United States v. Fernandez-Toledo
  749 F.2d 703· 11th Cir.· 1985-01-03 ·cited 26×
  The court held that it lacked jurisdiction to hear the government's appeal from the district court's bail order, as such appeals are not expressly authorized by Congress.
• McNAUGHTON v. Dillingham Corp.
  722 F.2d 1459· 9th Cir.· 1984-01-04 ·cited 26×·via Retrospective Application
  The court held that the Supreme Court's decision in Del Costello v. Teamsters, which established the six-month NLRA limitations period for hybrid Section 301/fair representation claims, should not be applied retroactively to this case.
• Johnson v. Lehman
  679 F.2d 918· D.C. Cir.· 1982-05-25 ·cited 26×
  The court held that the Supreme Court's decision in Lehman v. Nakshian, denying jury trials in ADEA actions against federal entities, should be applied retroactively, and that a jury instruction allowing a finding of age discrimination solely based on the employer's failure to fo
• State v. Edward M. Chadbourne, Inc.
  382 So. 2d 293· Fla.· 1980-02-28 ·cited 26×
  The Florida Supreme Court upheld the constitutionality of a 1974 statute providing price adjustments for asphalt on road construction contracts to compensate for oil embargo-induced price increases, but held that a 1976 amendment modifying the adjustment formula could not be appl
• Sallie v. State OF N.C.
  587 F.2d 636· 4th Cir.· 1978-11-28 ·cited 26×
  The court's discussion and decision on an unnecessary Sixth Amendment question creates a large exception to Stone v. Powell, potentially endangering its future application in habeas corpus cases.
• Nelson v. Brunswick Corp.
  503 F.2d 376· 9th Cir.· 1974-08-08 ·cited 26×
  The court held that the trial court erred in imputing Nelson's contributory negligence to Legion and in giving an instruction on voluntary assumption of risk to Galliher, requiring new trials for those parties.
• Bernstein v. N. V. Nederlandsche-Amerikaansche Stoomvaart - Maatschappij (Chemical Bank & Tr. Co.
  173 F.2d 71· 2d Cir.· 1949-02-21 ·cited 26×·via Retroactive Legislation
  The court held that the New York statute of limitations was tolled by a wartime amendment, and that a license from the Treasury Department was required for a receiver to assert claims on behalf of a blocked German corporation.
• Lee v. Lang
  140 Fla. 782· Fla.· 1939-11-28 ·cited 26×
  The Florida Supreme Court upheld Chapter 19165, Acts of 1939, which retroactively barred the State from collecting additional license taxes after receiving taxes for two consecutive years, effectively abolishing a pending tax claim against Lakeland Grocery Company. The court reje
• Fla. Ins. Guar. Ass'n, Inc. v. Bernard
  140 So. 3d 1023· Fla. 1st DCA· 2014-05-14 ·cited 25×·via Retroactivity Of Statutory Amendments
  FIGA appeals a summary judgment ordering it to pay approximately $237,000 directly to Bernard for sinkhole loss. The court reverses, holding that FIGA's obligations under the FIGA Act are governed by the statutory definition of "covered claim" in effect when the insurer was adjud
• Walker v. Cash Register Auto Ins. OF Leon Cnty., Inc.
  946 So. 2d 66· Fla. 1st DCA· 2006-12-22 ·cited 25×
  Gabriel Dean Walker sued Cash Register Auto Insurance under 42 U.S.C. § 1981 claiming racial discrimination when denied restroom access for his young son. After losing at trial, Walker appealed an award of attorney's fees and costs to Cash Register. The appellate court affirmed f
• Life Care Ctrs. OF Am., Inc. v. Sawgrass Care Ctr., Inc.
  683 So. 2d 609· Fla. 1st DCA· 1996-11-21 ·cited 25×
  Life Care Centers of America appealed an Agency for Health Care Administration decision denying its certificate of need application for a nursing home while approving a competing application. The court affirmed, holding that although the agency failed to comply with the former st
• Thomas v. State
  662 So. 2d 1334· Fla. 1st DCA· 1995-11-14 ·cited 25×
  The court held that the trial court erred in imposing an adult sentence without considering a presentence investigation report and issuing a written sentencing order, but did not err in failing to make specific findings regarding suitability for adult sanctions due to a statutory
• Pub. Health Tr. OF Dade Cnty. v. Magda Menendez
  584 So. 2d 567· Fla.· 1991-08-15 ·cited 25×
  The Florida Supreme Court held that medical malpractice claims against governmental hospitals are governed by the statutory limitation period in section 768.28(11) (3.5 years with no repose period), not section 95.11(4)(b) (2 years with a 4-year repose period), for incidents occu
• Fla. Patient's Comp. Fund v. Scherer
  558 So. 2d 411· Fla.· 1990-03-08 ·cited 25×
  The Florida Supreme Court addressed whether attorney's fees under section 768.56 apply to medical malpractice claims where the negligent act occurred before the statute's July 1, 1980 effective date but the plaintiff discovered the injury afterward. The Court held that the cause
• Bailey v. Chattem, Inc.
  838 F.2d 149· 6th Cir.· 1988-01-26 ·cited 25×
  The court held that the amended version of 28 U.S.C. § 1961, which became effective October 1, 1982, should not be applied retroactively to a judgment entered on October 27, 1980.
• Patlex Corp. v. Mossinghoff
  758 F.2d 594· Fed. Cir.· 1985-03-07 ·cited 25×·via Retroactive Legislation
  The court affirmed the district court's decision upholding the constitutionality of the patent reexamination statute's retroactive application, finding that Congress acted rationally to serve a legitimate public purpose. The court vacated the decision regarding specific PTO regul
• Carlson v. State
  405 So. 2d 173· Fla.· 1981-08-06 ·cited 25×
  The Florida Supreme Court held that a defendant's prior conviction for keeping a house of ill fame bars a subsequent RICO prosecution based on the same conduct of maintaining a house of prostitution, as the offenses are the same for double jeopardy purposes. The court rejected va
• Love v. Ira S. Jacobson, M.D.
  390 So. 2d 782· Fla. 3d DCA· 1980-11-25 ·cited 25×·via Statutory Retroactivity
  The Loves sued for medical malpractice but voluntarily dismissed their action on the trial date. The hospital sought and obtained attorney's fees under a statute allowing such fees when no justiciable issue exists. The appellate court reversed because the statute was not retroact
• Zerilli v. The Evening News Ass'n
  628 F.2d 217· D.C. Cir.· 1980-06-11 ·cited 25×
  The court held that neither 18 U.S.C. § 2520 nor the Fourth Amendment provides a civil remedy for post-enactment disclosure of information unlawfully intercepted before the statute's effective date, nor can a private newspaper be held liable under Bivens for conspiring to receive
• Allen v. State
  383 So. 2d 674· Fla. 5th DCA· 1980-04-16 ·cited 25×
  The Youthful Offender Act does not apply retroactively to offenses committed before its effective date, and a written probation revocation order must accurately reflect the trial judge's findings.
• Republic Steel Corp. v. Costle
  581 F.2d 1228· 6th Cir.· 1978-08-21 ·cited 25×
  The 1977 Clean Water Act amendments, specifically § 309(a)(5)(B), provide the exclusive avenue for relief from the July 1, 1977 compliance deadline, and this new law applies to pending cases.
• K.J. v. Dep't of Child. & Families
  33 So. 3d 88· Fla. 1st DCA· 2010-04-12 ·cited 24×
  An appellant's claims challenging grounds for termination of parental rights are not preserved for appellate review when not raised in the trial court or when a motion for judgment of dismissal is not filed at the close of the GAL's case.
• Leveritt v. State
  817 So. 2d 891· Fla. 1st DCA· 2002-05-07 ·cited 24×
  Robert Charles Leveritt appeals his convictions for DUI manslaughter and vehicular homicide following a fatal single-car accident while intoxicated. The court affirmed the convictions but vacated the vehicular homicide conviction as duplicative, certified a question of great publ
• Trotter v. State
  690 So. 2d 1234· Fla.· 1996-12-19 ·cited 24×
  The Florida Supreme Court affirmed Melvin Trotter's death sentence on resentencing following his original conviction for first-degree murder. The Court reversed its prior holding that community control cannot be used as an aggravating circumstance in capital sentencing, relying o
• Waffle House & O'Steen Adjusting Servs. v. Lecia Hutchinson
  673 So. 2d 883· Fla. 1st DCA· 1996-04-26 ·cited 24×
  Florida Statutes § 440.192(8) is procedural rather than substantive because it alters only the process and burden of proof, not the parties' substantive rights or statutory entitlement to benefits. The statute may therefore be applied retroactively, and a carrier that fails to de
• In re Resolution Tr. Corp. v. Resolution Tr. Corp.
  888 F.2d 57· 8th Cir.· 1989-10-20 ·cited 24×
  The court held that the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 grants jurisdiction to appeal remand orders, even if the original removal was by FSLIC.
• Coleman v. Lyng
  864 F.2d 604· 8th Cir.· 1988-12-28 ·cited 24×·via Retroactive Legislation
  The passage of the Agricultural Credit Act of 1987 moots both the government's appeal and the farmers' cross-appeal, requiring vacation of the District Court's judgment and dismissal of the case.
• Jones v. State
  528 So. 2d 1171· Fla.· 1988-06-23 ·cited 24×
  Leo Jones appealed the denial of his Rule 3.850 motion for postconviction relief in a first-degree murder and death penalty case. The Florida Supreme Court affirmed the trial court's denial, finding that Jones's trial counsel provided effective assistance and made reasonable tact
• Felts v. State
  537 So. 2d 995· Fla. 1st DCA· 1988-01-14 ·cited 24×
  William Felts appeals his ten-year armed robbery sentence, which exceeded the three-year guideline recommendation. The court affirms the sentence, holding that one valid reason for departure (a gun battle with police) justifies the departure even though other stated reasons were
• Dupont v. State
  514 So. 2d 1159· Fla. 2d DCA· 1987-11-06 ·cited 24×
  The court reversed the summary denial of a motion to correct sentence, holding that the retroactive application of more severe sentencing guideline scoring mechanisms violates constitutional proscriptions against ex post facto laws.
• Jackson v. The People's Republic OF China
  794 F.2d 1490· 11th Cir.· 1986-07-25 ·cited 24×
  The court held that the Foreign Sovereign Immunities Act (FSIA) does not apply retroactively to confer subject matter jurisdiction over pre-1952 transactions, and that the district court did not abuse its discretion in setting aside a default judgment against the People's Republi
• Hammond v. United States
  786 F.2d 8· 1st Cir.· 1986-03-12 ·cited 24×
  The court held that the retroactive application of 42 U.S.C. § 2212, which substituted the United States as the defendant in suits against atomic weapons testing contractors and made the FTCA the sole remedy, did not violate the Constitution.
• Temple University-Of the Commonwealth Sys. of Higher Educ. v. United States
  769 F.2d 126· 3d Cir.· 1985-07-22 ·cited 24×·via Retroactive Tax Legislation
  The court held that the 1965 revenue ruling was not controlling authority and that the statutory language and legislative history from 1939 should govern the interpretation of FICA wages for the period 1979-1982.
• Shapiro v. Cook United, Inc.
  762 F.2d 49· 6th Cir.· 1985-05-17 ·cited 24×
  The court held that the plaintiff's cause of action accrued when the union failed to pursue arbitration within the collective bargaining agreement's time limit, and the statute of limitations was not tolled by fraudulent concealment.
• Eikenberry v. Callahan
  653 F.2d 632· D.C. Cir.· 1981-04-30 ·cited 24×
  The court held that Pub.L.No.96-486 applies retroactively to cases pending on appeal, vacating the district court's dismissal for lack of jurisdiction.
• Knapp v. The United States
  636 F.2d 279· 10th Cir.· 1980-12-01 ·cited 24×
  The court held that a quiet title action under the Quiet Title Act is jurisdictionally barred if not commenced within twelve years of the date the plaintiff or their predecessor knew or should have known of the United States' claim, even if the claim is based on a void deed.
• Westside Prop. Owners v. Schlesinger
  597 F.2d 1214· 9th Cir.· 1979-05-07 ·cited 24×
  The court held that the Air Force's Environmental Impact Statement for F-15 aircraft at Luke AFB was sufficient, the Fifth Amendment taking claim was barred by sovereign immunity, and the FAA lacked jurisdiction to regulate military aircraft noise.
• Drug Package, Inc. v. Nat'l Labor Relations Bd.
  570 F.2d 1340· 8th Cir.· 1978-02-13 ·cited 24×
  The court held that while a prospective bargaining order for 8(a)(1) violations was appropriate, a retroactive bargaining order and reinstatement based on an 8(a)(5) violation were not, as the 8(a)(5) charge was not properly litigated and the strike was not an unfair labor practi
• Norfolk v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  539 F.2d 378· 4th Cir.· 1976-08-06 ·cited 24×
  The 1972 amendment to the Longshoremen's and Harbor Workers' Compensation Act, providing death benefits to survivors of employees permanently and totally disabled by an injury who thereafter die from causes other than the injury, is constitutional and applicable to cases where th
• Constancia A. Vda de Daylo v. Administrator OF Veterans' Affairs
  501 F.2d 811· D.C. Cir.· 1974-06-26 ·cited 24×·via Retroactive Legislation
  New legislation ratifying administrative practices and amending the 'no review' statute does not invalidate final judgments that were no longer subject to appeal prior to the legislation's enactment.
• Mayer v. Moeykens
  494 F.2d 855· 2d Cir.· 1974-03-27 ·cited 24×
  The court held that a conviction will not be reversed due to a denial of a pre-trial probable cause hearing if the denial has no bearing on the conviction itself. The court also affirmed that probable cause for an arrest can be established by the arresting officers' independent k
• Field v. Field
  291 So. 2d 654· Fla. 2d DCA· 1974-03-22 ·cited 24×
  The court held that the trial court erred in sua sponte changing the child support termination date from age 21 to 18, as this modification was not justified and misapplied the law regarding the age of majority.
• Maltempo v. Cuthbert
  288 So. 2d 517· Fla. 2d DCA· 1974-01-18 ·cited 24×
  The Florida District Court of Appeal addressed whether a 1971 amendment establishing a two-year statute of limitations for medical malpractice actions applies retroactively to claims arising before the amendment's effective date of July 1, 1972. The court held that absent clear l