Retroactive Legislation

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

• Equal Emp. Opportunity Comm'n v. Westinghouse Elec. Corp.
  765 F.2d 389· 3d Cir.· 1985-06-20 ·cited 2×
  Congress may ratify retroactively the institution of a lawsuit by the EEOC to enforce the Equal Pay Act, and such ratification cures defects in the EEOC's authority to sue.
• Est. of Azalea Smith Downs v. The United States
  564 F.2d 48· Ct. Cl.· 1977-10-19 ·cited 2×
  The court held that the 1951 Powers of Appointment Act was not unconstitutionally applied retroactively to the estate, as the decedent had not demonstrated an attempt to renounce the power or that such an attempt would have been futile under Texas law.
• Hosp. Ass'n OF NEW York State, Inc. v. Toia
  554 F.2d 12· 2d Cir.· 1977-03-16 ·cited 2×
  The court held that constitutional issues regarding Eleventh Amendment immunity and due process, not decided by the district court, should be remanded for initial determination.
• Indus. Credit Co. v. Berg
  388 F.2d 835· 8th Cir.· 1968-01-30 ·cited 2×
  The court held that the assignee (Industrial) was not barred from seeking adjudication of its rights in the installment contract, either by the contract being void ab initio or by the prior judgment in Berg I, as the prior judgment expressly excluded the assignee and the assignee
• Sagastivelza v. Puerto RICO Hous. Auth.
  195 F.2d 289· 1st Cir.· 1952-03-14 ·cited 2×
  The court held that the repeal of a statute providing for restoration of condemned property was effective, and that the conditions for restoration under that statute had not been met, thus affirming the dismissal of the property owner's petition.
• O'Brien v. J.I. Kislak Mortg. Corp.
  934 F. Supp. 1348· S.D. Fla.· 1996-05-09 ·cited 1×
  The court held that the plaintiffs failed to meet the requirements for class certification because individual issues predominated over common issues, particularly regarding the agency relationship between the defendant and its correspondents.
• United States v. Entin
  750 F. Supp. 512· S.D. Fla.· 1990-10-26 ·cited 1×
  The court held that the defendants violated the False Claims Act by conspiring to defraud the SBA with false representations about Miami Capital Corporation's capitalization, and are jointly and severally liable for damages.
• BUS Benches Co. v. Porter W. Homer
  189 So. 2d 524· Fla. 3d DCA· 1966-07-26 ·cited 1×
  The court held that the trial court's findings of fact were not clearly erroneous and affirmed the judgment for breach of contract.
• Neill v. Summit Materials, Inc.
  Del. Ch.· 2025-12-19
  The Delaware Court of Chancery affirmed the Magistrate Judge's denial of a stockholder's request to inspect corporate books and records. The court held that the stockholder lacked a proper purpose because he had already filed a plenary action challenging the same alleged wrongdoi
• Sieber v. Havana Harry's II, Inc.
  604 F. Supp. 2d 1368· S.D. Fla.· 2009-03-31
  The Court held that the Clarification Act, which retroactively precluded claims based solely on the printing of credit card expiration dates, was a permissible exercise of Congressional power and did not violate the separation of powers doctrine. Therefore, the plaintiff's claim
• The Me. Cent. R.R. Co. v. Brotherhood OF Maintenance OF WAY Employees
  835 F.2d 368· 1st Cir.· 1987-12-11
  Congress's imposition of financial burdens through the Second Act to resolve a specific labor dispute did not violate the Fifth Amendment's Equal Protection or Due Process clauses, nor the doctrine of separation of powers.
• Bd. OF Trs. OF the W. Conf. OF Teamsters Pension Tr. Fund v. Thompson Bldg. Materials
  749 F.2d 1390· 9th Cir.· 1984-12-27
  The Multiemployer Pension Plan Amendments Act (MPPAA) is constitutional, and employers withdrawing from multiemployer pension plans are liable for withdrawal liabilities, even if the withdrawal was involuntary due to union action.
• Talmadge v. Dist. Sch. Bd. OF Lake Cnty.
  406 So. 2d 1127· Fla. 5th DCA· 1981-05-27
  Talmadge sued a school board and its employee for injuries sustained during physical education class. The court held that a Florida statute amended to bar suits against government employees cannot be applied retroactively to pending litigation, as it would impair the plaintiff's
• United States v. Carrillo
  497 F.2d 559· 9th Cir.· 1974-01-08
  The court held that an order to report for induction under the Military Selective Service Act of 1967 expired with the termination of induction authority on July 2, 1971, and was not revived by the subsequent 1971 Act.
• Addison v. Huron Stevedoring Corp.
  204 F.2d 88· 2d Cir.· 1953-03-20
  The Portal to Portal Act is constitutional because releasing employers from a part, but not all, of their contractual obligations for overtime pay did not constitute an unconstitutional taking of property without just compensation or a deprivation of property without due process.
• United States v. Garrison
  S.D. Fla.· 1930-03-07
  A World War I veteran's converted insurance policy issued in 1927 named "Genieve Garrison, his wife" as beneficiary, but the insured was lawfully married to Lillian A. Garrison at that time. The court held that a 1928 amendment to the World War Veterans' Act, made retroactive to