Retroactive Legislation

85 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Harbor v. Welles
  78 Fla. 227· Fla.· 1919-07-31 ·cited 94×
  The Florida Supreme Court upheld the validity of the Charlotte Harbor Special Road and Bridge District in DeSoto County, which overlapped with the previously established Punta Gorda Special Road and Bridge District. The court ruled that the legislature had broad power to authoriz
• State v. Knowles
  402 So. 2d 1155· Fla.· 1981-06-25 ·cited 78×
  The Florida Supreme Court held that a 1980 statute granting public employees absolute immunity from suit cannot be applied retroactively to a pending case where a jury had already awarded a plaintiff $70,000 in damages. The Court found that retroactive application would unconstit
• Republic Indus., Inc. v. Teamsters Joint Council NO. 83 OF Va. Pension Fund
  718 F.2d 628· 4th Cir.· 1983-09-09 ·cited 74×
  The Multiemployer Pension Plan Amendments Act of 1980's retroactive withdrawal liability provisions are constitutional, but the denial of attorney's fees to the prevailing defendant was an error.
• Mozee v. Am. Commercial Marine Serv. Co.
  963 F.2d 929· 7th Cir.· 1992-05-07 ·cited 69×
  The dissent argues that the Civil Rights Act of 1991 should apply retroactively to the case, and that the majority's mechanical application of legal principles is unjust.
• Corbett v. Gen. Eng'g & Mach. Co. & Glens Falls Indem. Co.
  160 Fla. 879· Fla.· 1948-10-12 ·cited 64×
  The Florida Supreme Court held that Chapter 23908 of the 1947 Acts, which extended the statute of limitations for workers' compensation claims from one year to two years, applies to claims that were pending when the law was enacted and had not yet been barred under the prior one-
• Textile Workers Pension Fund v. Standard DYE & Finishing Co., Inc.
  725 F.2d 843· 2d Cir.· 1984-01-09 ·cited 56×
  The court held that the retroactive application of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) withdrawal liability provisions is constitutional and does not violate employers' due process rights.
• Saint Mary OF Nazareth Hosp. Ctr. v. Dep't OF Health & Human Servs.
  698 F.2d 1337· 7th Cir.· 1983-02-01 ·cited 54×
  The court held that costs incurred for providing free care to indigents under the Hill-Burton Act are not reimbursable under Medicare, and that bedside telephones are not necessarily 'personal comfort items' excluded from reimbursement.
• Republic Indus., Inc. v. Cent. Pa. Teamsters Pension Fund
  693 F.2d 290· 3d Cir.· 1982-11-19 ·cited 52×
  The court held that the exhaustion doctrine does not apply to facial constitutional challenges to a statute when the administrative remedy cannot resolve the constitutional issues or provide factual findings for judicial review.
• Peick v. Pension Benefit Guar. Corp.
  724 F.2d 1247· 7th Cir.· 1983-12-19 ·cited 48×
  The dissent argues that the employer associations and the 705 Fund lack standing to challenge the MPPAA because they have not demonstrated a concrete and immediate injury sufficient to satisfy Article III's case or controversy requirement.
• Adams Nursing Home OF Williamstown, Inc. v. Mathews
  548 F.2d 1077· 1st Cir.· 1977-02-02 ·cited 46×
  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.
• Seese v. Bethlehem Steel Co. Shipbuilding Div.
  168 F.2d 58· 4th Cir.· 1948-05-05 ·cited 46×
  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.
• 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.
• The Wash. Star Co. v. Int'l Typographical Union Negotiated Pension Plan
  729 F.2d 1502· D.C. Cir.· 1984-03-27 ·cited 36×
  The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) withdrawal liability provisions do not violate substantive or procedural due process or the right to a jury trial.
• 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.
• 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.
• 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
• Bernstein v. N. V. Nederlandsche-Amerikaansche Stoomvaart - Maatschappij (Chemical Bank & Tr. Co.
  173 F.2d 71· 2d Cir.· 1949-02-21 ·cited 26×
  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.
• Patlex Corp. v. Mossinghoff
  758 F.2d 594· Fed. Cir.· 1985-03-07 ·cited 25×
  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
• Coleman v. Lyng
  864 F.2d 604· 8th Cir.· 1988-12-28 ·cited 24×
  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.
• Constancia A. Vda de Daylo v. Administrator OF Veterans' Affairs
  501 F.2d 811· D.C. Cir.· 1974-06-26 ·cited 24×
  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.
• City OF Winter Haven v. Allen
  541 So. 2d 128· Fla. 2d DCA· 1989-03-17 ·cited 21×
  The City of Winter Haven appeals a $600,000 wrongful death judgment arising from a shooting incident during a drug raid in which a Winter Haven police officer (Clouse) shot Deputy Waymon Allen. The appellate court upholds the city's insurable liability but reverses and remands fo
• In re Koerner v. Colonial Bank
  800 F.2d 1358· 5th Cir.· 1986-09-24 ·cited 19×
  The court held that the district court's order rejecting the constitutional challenge to the 1984 Act was not a final order and thus not immediately appealable, but the subsequent appeal from the dismissal of the bankruptcy appeal was properly before the court. The court affirmed
• Nacirema Operating Co. & the Travelers Ins. Co. v. Dorothy Lynn and the Director
  577 F.2d 852· 3d Cir.· 1978-06-05 ·cited 16×
  The 1972 amendment to the Longshoremen's and Harbor Workers' Compensation Act, expanding death benefits, applies to claims where the injury occurred before 1972 but the death occurred after, and is not unconstitutionally retroactive.
• Mazda Motors OF Am., Inc. v. S. C. Henderson & Sons, Inc.
  364 So. 2d 107· Fla. 1st DCA· 1978-11-17 ·cited 15×
  When a statute of limitations has not yet completely run, a subsequent legislative amendment extending the period is not retroactive legislation and does not impair a vested right, so the extended period applies to pending causes of action.
• Bush v. State
  823 So. 2d 833· Fla. 2d DCA· 2002-08-14 ·cited 14×
  Terrell Bush appeals the denial of his motion to correct an illegal sentence, arguing that a prior appellate decision rendered the three-year mandatory minimum sentence unconstitutional. The court affirms, holding that even if the prior decision applies, the mandatory minimum exi
• Ayala-Chavez v. U.S. Immigr. & Naturalization Serv.
  945 F.2d 288· 9th Cir.· 1991-09-20 ·cited 14×
  The 1990 amendment eliminating automatic stays of deportation for aggravated felonies does not apply to convictions that occurred prior to the enactment of the Anti-Drug Abuse Act of 1988.
• Donnell Counsel v. DOW
  849 F.2d 731· 2d Cir.· 1988-06-10 ·cited 14×
  The court held that Congress had the constitutional authority to enact the Handicapped Children's Protection Act (HCPA) with retroactive attorney's fees, but that the plaintiff did not prevail against the local defendants, thus reversing the fee award against them.
• Marston v. RED River Levee & Drainage Dist.
  632 F.2d 466· 5th Cir.· 1980-12-08 ·cited 14×
  The court held that the amendments to the Louisiana statute regarding compensation for appropriated land did not alter the outcome, and attorneys' fees for the appeal were authorized and fixed by the court.
• Morgan L. Jones v. Reagan
  748 F.2d 1331· 9th Cir.· 1984-12-04 ·cited 13×
  The court considered whether a defendant is entitled to a special verdict instruction when charged with first-degree murder on alternative theories of premeditation and felony murder, and whether separate convictions for underlying felonies are permissible.
• Alpine Ridge Grp. v. Kemp
  955 F.2d 1382· 9th Cir.· 1992-02-07 ·cited 12×
  The HUD Reform Act unconstitutionally abrogates owners' vested property rights in formula-based rent adjustments, violating the Fifth Amendment's due process clause.
• Long Island OIL Prods. Co., Inc. v. Local 553 Pension Fund & Bernard Pellegrino
  775 F.2d 24· 2d Cir.· 1985-09-27 ·cited 12×
  Congress does not violate due process by enacting a retroactive law and then repealing its retroactive effect, provided the repeal is supported by a rational legislative purpose and rational means.
• Taxpayers FOR THE Animas-La Plata Referendum v. Animas-La Plata Water Conservancy Dist.
  739 F.2d 1472· 10th Cir.· 1984-07-11 ·cited 12×
  The court held that House Bill 1272 was constitutional, did not violate the Supremacy Clause, and was not unlawful retroactive legislation, thereby mooting the plaintiff's claims for declaratory and injunctive relief. The court also affirmed the dismissal of damages claims due to
• Hoffman v. City OF Warwick
  909 F.2d 608· 1st Cir.· 1990-07-26 ·cited 11×
  The court held that the retroactive repeal of a state statute granting seniority credits to veterans did not violate the Contract Clause, Takings Clause, or Due Process Clause, as the statute did not create vested contractual or property rights.
• Gray v. First Winthrop Corp.
  989 F.2d 1564· 9th Cir.· 1993-04-07 ·cited 10×
  Section 27A of the Securities Exchange Act of 1934 is constitutional, as it changes the underlying substantive law and does not violate separation of powers, finality principles, or due process/equal protection guarantees.
• Wheeler v. Commissioner of Internal Revenue
  143 F.2d 162· 9th Cir.· 1944-05-16 ·cited 8×
  The court held that the 1940 Revenue Act, which sought to retroactively alter the calculation of corporate earnings and profits for tax purposes, could not be applied to a liquidation completed in 1938 under a specific 1938 Act that had a limited effective period.
• Alvord v. Little
  16 Fla. 158· Fla.· 1877-06-01 ·cited 8×
  This case addresses whether the Florida Legislature could retroactively extend the deadline for perfecting an appeal after the statutory period had expired, and whether a former partner could recover expenses and compensation from a subsequently formed partnership. The court held
• Smith v. Sturm
  510 So. 2d 343· Fla. 2d DCA· 1987-07-17 ·cited 6×
  Smith appeals summary judgment dismissing his products liability suit against Sturm, Ruger based on Florida's statute of repose. The court affirms, holding that the Pullum decision retroactively reinstated the statute of repose, barring Smith's claim filed in 1986 for injuries oc
• Yellow CAB Co. OF Dade Cnty. & Home of Yellow Cab Co., Inc. v. Dade Cnty.
  412 So. 2d 395· Fla. 3d DCA· 1982-03-23 ·cited 6×
  The court held that Dade County ordinances prohibiting exclusive taxi service at hotels did not unconstitutionally impair contracts because the county's interests outweighed the impairment.
• Moss v. Hawaiian Dredging Co.
  187 F.2d 442· 9th Cir.· 1951-01-31 ·cited 6×
  The Court held that the retroactive provisions of the Overtime-on-Overtime Act are constitutional and do not violate the Fifth Amendment's Due Process Clause.
• Palm BAY Towers Corp. v. Brooks
  466 So. 2d 1071· Fla. 3d DCA· 1984-09-18 ·cited 5×
  Past unit owners in Palm Bay Towers Condominium sought to recover assessments allegedly owed by the developer and related entities for units held during pre-sale ownership. The trial court entered summary judgment relying on prior precedent, but the appellate court reversed, find
• Harrison v. Otis Elevator Co.
  935 F.2d 714· 5th Cir.· 1991-07-17 ·cited 4×
  The court affirmed the district court's decisions, finding no error in the denial of a directed verdict, judgment notwithstanding the verdict, or a new trial, and upholding the intervenor's recovery limitations.
• Nieves v. Hess OIL Virgin Islands Corp.
  819 F.2d 1237· 3d Cir.· 1987-05-22 ·cited 4×
  The court held that the Virgin Islands legislature is not barred by the contract clause from retroactively amending the Workmen's Compensation Act to correct a judicial interpretation, as the amendment did not impair any contract-based expectation and served a legitimate public p
• United States v. McGEE
  714 F.2d 607· 6th Cir.· 1983-07-26 ·cited 4×
  The court held that Ohio Rev.Code § 709.01, requiring Secretary of Defense approval for military base annexation, applied to the pending petition, and that potential friction between city and military officials justified the injunction.
• Webb v. Schweiker
  701 F.2d 81· 9th Cir.· 1983-03-07 ·cited 4×
  The court held that the grandfather clause of the pension offset provision applies to Webb, exempting him from the offset.
• Myer Klig v. Brownell
  244 F.2d 742· D.C. Cir.· 1957-04-04 ·cited 4×
  The dissenting judge argues that the alien is not deportable under the Internal Security Act of 1950 based on prior membership in a foreign Communist Party before entering the U.S.
• Woods v. Schmid
  164 F.2d 981· 5th Cir.· 1947-12-26 ·cited 4×
  The court held that landlords who obtained eviction judgments by agreement during a rent control lapse could not enforce those judgments after rent control was reinstated.
• Crooks v. State ex rel. E. R. Pierce
  141 Fla. 597· Fla.· 1940-01-16 ·cited 4×
  The Florida Supreme Court upheld a mandamus order requiring the Fort Pierce Port District to pay the County Tax Assessor commissions for assessing taxes under Chapter 17876, Acts of 1937, a general law that established uniform tax assessor compensation throughout Florida. The cou
• Dunham v. M/V Marine Chemist
  812 F.2d 212· 5th Cir.· 1987-03-11 ·cited 3×
  Congress's retroactive amendment of the penalty wage statute, which extinguished a seaman's claim for wage penalties, did not constitute a Fifth Amendment taking because the maritime lien securing the claim vanished with the invalidated claim.
• Herring v. Singletary
  879 F. Supp. 1180· N.D. Fla.· 1995-03-10 ·cited 2×
  Herring, a Florida inmate convicted of second-degree murder, challenged the forfeiture of 1,540 days of provisional credits that had been awarded under Fla. Stat. § 944.277 (1988) but retroactively cancelled by Fla. Stat. § 944.278 (1993). The district court held that the retroac
• Wesley Theological Seminary of the United Methodist Church v. United States Gypsum Co.
  876 F.2d 119· D.C. Cir.· 1989-05-19 ·cited 2×
  The court held that the retroactive application of the amended statute of repose was constitutional and reversed the dismissal of the tort claim based on the prior version of the statute. The court affirmed other rulings regarding evidentiary exclusions and a directed verdict on