· 9/13/1990
Benally v. Hodel
Citations
- 940 F.2d 1194
- 1991 WL 138868
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Civil Rights Act of 1991 not retroactive
- reciting the legislative history and reaching the astonishing conclusion that the legislative intent was \surely that the new law be prospective only\
- holding not retroactive based on a presumption
- applying retroactively the portion of the statute governing expert witness fees
- “[WJhenever a congressional majority could be marshalled, retroactivity opponents ‘hedged their bets’ by expressly making specific provisions, such as [Section 109], prospective only.”
- “this case involves civil rights, undisputable a ‘great national concern' that merits a presumption of retroactivity.’’
Source: CourtListener parenthetical corpus (CC0).
Judges: Brunetti, Hall, Tang
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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