Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.