Florida Justice Reform Institute

DeSantis quietly names Judge Meredith Sasso to the Florida Supreme Court

/in

Florida Phoenix

She’s another conservative with affiliation with Federalist Society

BY: MICHAEL MOLINE – MAY 23, 2023 

Sasso DeSantis

Meredith Sasso is pictured with Gov. Ron DeSantis and her children in this photo released on

May 23, 2-23, following her appointment to the Florida Supreme Court. Credit: governor’s office

The Florida Supreme Court’s newest justice is Meredith Sasso, a Cuban American, formerly an intermediate state appellate justice who becomes the third woman now sitting in the seven-member court.

Gov. Ron DeSantis announced the pick without fanfare via a press release on Tuesday, in contrast to the press conferences he’s used to announce past appointments to the state’s highest court.

When Sasso takes her seat, it will mark the first time in Florida history that three women have served on the court at the same time, according to the governor’s press office.

“I am proud to appoint Judge Meredith Sasso to the Florida Supreme Court because her fidelity to the Constitution will help preserve freedom in our state for generations to come,” DeSantis said in a written statement. “As a Cuban American woman who understands the importance of our constitutional system and the rule of law, Judge Sasso will serve our state well.”

“I am incredibly honored that Gov. Ron DeSantis is entrusting me with this position,” Sasso said. “The judiciary plays a critical and unique role in our constitutional government, and I am resolutely committed to upholding the rule of law for as long as I am privileged to serve.”

Sasso, previously chief judge of the newly created Sixth District Court of Appeal in Lakeland, replaces former Justice Rick Polston, who resigned in March to become general counsel and chief legal officer at Citizens Property Insurance Corp., the state-backed insurer of last resort. He left just months after winning another six-year term in the November elections.

Women on the court
In September, DeSantis placed former South Florida trial judge Renatha Francis on the court. She is a Jamaican-American whom the governor tried to seat two years earlier, only to see the court reject her for failing to meet the 10-year Florida Bar membership qualification.

The other female justice is Jamie Grosshans, whom DeSantis appointed after the failure of the first Francis appointment.

The Judicial Nominating Commission for the Supreme Court, which vets candidates for that court, on March 5 forwarded the names of six possibilities, including Sasso, to the governor. She can take her seat once the paperwork gets taken care of.

From that perch, Sasso will help decide the validity of Florida’s 15-week abortion ban. In 1989, a more moderate-to-liberal court ruled that the Florida Constitution’s Privacy Clause protected the right to choose an abortion, but now the court, bolstered by DeSantis-appointed conservatives like Sasso, has made a habit of overturning its own precedents.

The law establishing the state’s new six-week abortion ban — a de facto ban on the procedure given that most people don’t realize they are pregnant at that point — is contingent on the court reversing that precedent.

The new justice boasts solid conservative credentials, including memberships in the Federalist Society for Law and Public Policy Studies, a sort of farm team for the conservative legal movement, and the American Enterprise Institute Leadership Network.

Working mother
According to information Sasso filed with the screening panel, she’s a Tallahassee native, married, the mother of two. Earlier in her career, Sasso served on the Fifth DCA and as a legal aide to then-Gov. Rick Scott, handling affairs for the departments of State, Education, Management Services, and Environmental Protection. Sasso also worked in private legal practice. She graduated from UF and earned her law degree from the University of Florida Levin College of Law in 2008, and was a College Republican.

Earlier, Sasso worked in private legal practice.

She graduated from UF and earned her law degree from the University of Florida Levin College of Law in 2008. She was a College Republican. She’s been twice certified to the governor for appointment to the Supreme Court, in 2019 and 2022, although he didn’t select her. She’s been a Federalist Society member since 2011. She’s married to attorney Michael Sasso but the number and names of her children were redacted. She declared $197,272 in net income for 2022 and nearly $1.7 million in assets.

In her application papers, Sasso noted that, on her father’s side, her grandparents left Cuba in 1953. Her maternal grandfather served in the merchant marine during World War II.

“Stories like those of my grandfathers’ drive me. I am constantly mindful that the liberty we enjoy exists because of real people’s incredible sacrifices. And I am resolutely committed to fulfilling my judicial role in the manner for which it was intended: as an integral part of the structure of government created expressly to secure liberty for ourselves and our posterity.”

Reaction
William Large, president of the Florida Justice Reform Institute, which advocates for limits on lawsuits, welcomed the appointment.

“The governor’s appointment of Meredith Sasso to the Florida Supreme Court cements this promise of appointing justices with a proven record of embracing textualism, and the notion that the courts should interpret our laws, not write them,” Large said in a written statement.

“Justice Sasso is an exceptional choice for the Florida Supreme Court due to her extensive legal experience, dedication to public service, and her strong, demonstrated commitment to upholding justice and the rule of law. We further applaud Gov. DeSantis for his continuing commitment to a Court that can draw on a rich diversity of life experience.”

https://floridaphoenix.com/2023/05/23/desantis-quietly-names-judge-meredith-sasso-to-the-florida-supreme-court/ 

Florida Justice Reform Institute

DeSantis Names Sasso to Supreme Court

/in

News Service of FL

By Jim Saunders – Tuesday, May 23, 2023 

TALLAHASSEE — Continuing to mold a conservative Florida Supreme Court, Gov. Ron DeSantis on Tuesday named Meredith Sasso to succeed former Justice Ricky Polston, who stepped down in March.

Sasso, of Orlando, has served as a state appeals-court judge since 2019 and is chief judge of the Lakeland-based 6th District Court of Appeal. Her previous positions included chief deputy general counsel for former Gov. Rick Scott.

With the pick, DeSantis has appointed five of the seven Supreme Court members, as the court has become dramatically more conservative since the Republican governor took office in January 2019.

“I am proud to appoint Judge Meredith Sasso to the Florida Supreme Court because her fidelity to the Constitution will help preserve freedom in our state for generations to come,” DeSantis said in a prepared statement.

Since Polston announced his resignation, speculation had swirled about Sasso as a potential successor. Along with serving in the Scott administration, she has been active in The Federalist Society, a conservative group that has played a key role in state and federal judicial appointments.

In her application for the Supreme Court seat, Sasso wrote that while working in the executive branch of government, she “gained an informed appreciation for the separation of powers.”

“Appropriate deference to coordinate branches is not a matter of courtesy; it is essential for the people’s chosen representatives to operate,” Sasso wrote. “Likewise, judicial decisions are not the only available solution to problems. When judges step outside their role, they often justify it by claiming an altruistic purpose of correcting a perceived injustice. But as judges, we should honor both our defined role and the overall system in which we operate.”

The Florida Justice Reform Institute, a legal group that advocates on issues such as limiting lawsuits against businesses, praised the appointment. William Large, the organization’s president, issued a statement that said the pick continued DeSantis’ efforts to carry out a promise to reshape the Supreme Court.

“The governor’s appointment of Meredith Sasso to the Florida Supreme Court cements this promise of appointing justices with a proven record of embracing textualism and the notion that the courts should interpret our laws, not write them.” Large said.

Sasso will join Chief Justice Carlos Muniz and Justices John Couriel, Jamie Grosshans and Renatha Francis as DeSantis appointees on the court. Justices Charles Canady and Jorge Labarga were appointed by then-Republican Gov. Charlie Crist.

Before DeSantis took office, the Supreme Court had a generally liberal majority — much to the frustration of state Republican leaders and business groups. But three longtime justices, Barbara Pariente, R. Fred Lewis and Peggy Quince, left the court in early 2019 because of a mandatory retirement age, allowing DeSantis to make appointments.

Polston, another Crist appointee, was usually part of a conservative majority, so it is unclear how much Sasso will affect the ideology of the court. Labarga is the only remaining justice from the more-liberal previous majority.

After Polston announced his resignation, three candidates, including Sasso, initially applied to succeed him. But the Florida Supreme Court Judicial Nominating Commission extended a deadline and drew 15 applicants.

The commission forwarded the names of six finalists to DeSantis. In addition to Sasso, the finalists were 6th District Court of Appeal Judges Joshua Mize, Jared Smith and John Stargel, Hillsborough County Circuit Judge Thomas Palermo and 20th Judicial Circuit Chief Judge Thomas McHugh.

Sasso became a judge on the 5th District Court of Appeal in 2019 and shifted to the newly created 6th District Court of Appeal this year after a reorganization of the appellate-court system.

In her application, Sasso gave examples of opinions she had written, including a 2020 opinion about the dismissal of a former church employee that Sasso described as testing “the reach of secular judicial power.” Sasso’s opinion rejected a lawsuit alleging breach of an employment agreement, finding that what is known as the “ecclesiastical abstention doctrine” left the issue to church authorities.

“The case is significant because it demonstrates that a secular court’s only legitimate role in resolving disputes related to religious doctrine is to ensure those disputes are committed to religious authorities,” Sasso wrote in a description of the case.

Sasso has ties to Grosshans, who also served on the 5th District Court of Appeal before being appointed to the Supreme Court in 2020. Sasso spoke at a Supreme Court investiture ceremony for Grosshans in 2021, according to Sasso’s application.

Sasso, who grew up in Tallahassee, received bachelor’s and law degrees from the University of Florida. Her paternal grandparents left Cuba in 1953, according to the application.

After stepping down from the Supreme Court, Polston became general counsel of the state-backed Citizens Property Insurance Corp. He had served on the Supreme Court since 2008.

https://www.newsserviceflorida.com/latest/headlines/desantis-names-sasso-to-supreme-court/article_92ef354e-f98e-11ed-8406-2fad1024610a.html?utm_source=newsserviceflorida.com&utm_campaign=%2Flatest%2Fheadlines%2Fdesantis-names-sasso-to-supreme-court%2Farticle-92ef354e-f98e-11ed-8406-2fad1024610a.html%3Fmode%3Demail%26-dc%3D1684863062&utm_medium=auto%20alert%20email&utm_content=headline 

Florida Justice Reform Institute

DeSantis Names Meredith Sasso, Another Federalist Society Apostle, to Supreme Court

/in

FlaglerLive

MAY 23, 2023

Judge Meredith Sasso

Judge Meredith Sasso of the Sixth District Court of Appeal. 

Continuing to mold a conservative Florida Supreme Court, Gov. Ron DeSantis on Tuesday named Meredith Sasso to succeed former Justice Ricky Polston, who stepped down in March.

Sasso, of Orlando, has served as a state appeals-court judge since 2019 and is chief judge of the Lakeland-based 6th District Court of Appeal. Her previous positions included chief deputy general counsel for former Gov. Rick Scott.

With the pick, DeSantis has appointed five of the seven Supreme Court members, as the court has become dramatically more conservative since the Republican governor took office in January 2019.

“I am proud to appoint Judge Meredith Sasso to the Florida Supreme Court because her fidelity to the Constitution will help preserve freedom in our state for generations to come,” DeSantis said in a prepared statement.

Since Polston announced his resignation, speculation had swirled about Sasso as a potential successor. Along with serving in the Scott administration, she has been active in The Federalist Society, a conservative group that has played a key role in state and federal judicial appointments.

In her application for the Supreme Court seat, Sasso wrote that while working in the executive branch of government, she “gained an informed appreciation for the separation of powers.”

“Appropriate deference to coordinate branches is not a matter of courtesy; it is essential for the people’s chosen representatives to operate,” Sasso wrote. “Likewise, judicial decisions are not the only available solution to problems. When judges step outside their role, they often justify it by claiming an altruistic purpose of correcting a perceived injustice. But as judges, we should honor both our defined role and the overall system in which we operate.”

The Florida Justice Reform Institute, a legal group that advocates on issues such as limiting lawsuits against businesses, praised the appointment. William Large, the organization’s president, issued a statement that said the pick continued DeSantis’ efforts to carry out a promise to reshape the Supreme Court.

“The governor’s appointment of Meredith Sasso to the Florida Supreme Court cements this promise of appointing justices with a proven record of embracing textualism and the notion that the courts should interpret our laws, not write them.” Large said.

Sasso will join Chief Justice Carlos Muniz and Justices John Couriel, Jamie Grosshans and Renatha Francis as DeSantis appointees on the court. Justices Charles Canady and Jorge Labarga were appointed by then-Republican Gov. Charlie Crist.

Before DeSantis took office, the Supreme Court had a generally liberal majority — much to the frustration of state Republican leaders and business groups. But three longtime justices, Barbara Pariente, R. Fred Lewis and Peggy Quince, left the court in early 2019 because of a mandatory retirement age, allowing DeSantis to make appointments.

Polston, another Crist appointee, was usually part of a conservative majority, so it is unclear how much Sasso will affect the ideology of the court. Labarga is the only remaining justice from the more-liberal previous majority.

After Polston announced his resignation, three candidates, including Sasso, initially applied to succeed him. But the Florida Supreme Court Judicial Nominating Commission extended a deadline and drew 15 applicants.

The commission forwarded the names of six finalists to DeSantis. In addition to Sasso, the finalists were 6th District Court of Appeal Judges Joshua Mize, Jared Smith and John Stargel, Hillsborough County Circuit Judge Thomas Palermo and 20th Judicial Circuit Chief Judge Thomas McHugh.

Sasso became a judge on the 5th District Court of Appeal in 2019 and shifted to the newly created 6th District Court of Appeal this year after a reorganization of the appellate-court system.

In her application, Sasso gave examples of opinions she had written, including a 2020 opinion about the dismissal of a former church employee that Sasso described as testing “the reach of secular judicial power.” Sasso’s opinion rejected a lawsuit alleging breach of an employment agreement, finding that what is known as the “ecclesiastical abstention doctrine” left the issue to church authorities.

“The case is significant because it demonstrates that a secular court’s only legitimate role in resolving disputes related to religious doctrine is to ensure those disputes are committed to religious authorities,” Sasso wrote in a description of the case.

Sasso has ties to Grosshans, who also served on the 5th District Court of Appeal before being appointed to the Supreme Court in 2020. Sasso spoke at a Supreme Court investiture ceremony for Grosshans in 2021, according to Sasso’s application.

Sasso, who grew up in Tallahassee, received bachelor’s and law degrees from the University of Florida. Her paternal grandparents left Cuba in 1953, according to the application.

After stepping down from the Supreme Court, Polston became general counsel of the state-backed Citizens Property Insurance Corp. He had served on the Supreme Court since 2008.

–Jim Saunders, News Service of Florida

https://flaglerlive.com/desantis-names-meredith-sasso/ 

Florida Justice Reform Institute

DeSantis continues shifting Florida Supreme Court rightward with new appointment

/in

Sarasota Herald-Tribune

Zac Anderson – Sarasota Herald-Tribune – May 23, 2023

Gov. Ron DeSantis continued to reshape the Florida Supreme Court Tuesday with the appointment of Judge Meredith Sasso to replace Justice Ricky Polston, who resigned in March.

The appointment means that five of the Supreme Court’s seven sitting justices are DeSantis appointees, which has allowed the governor to steer the court firmly to the right.

A 2008 graduate of the University of Florida’s law school, Sasso worked in private practice and served as chief deputy general counsel for U.S. Sen. Rick Scott when he was governor. In 2019, DeSantis appointed her to the Fifth District Court of Appeal, and she moved to the Sixth District Court of Appeal in Lakeland this year.

Sasso DeSantis

 Judge Meredith Sasso and her two children are pictured with Govenor Ron DeSantis, who appointed her to the Supreme Court on May 23, 2023. Photo Provided.

DeSantis in 2019 replaced three liberal-leaning justices with conservatives, swinging the balance of the court, which for years had stood as an obstacle to some of the conservative policies pushed by Republicans who controlled the Legislature and governor’s mansion.

Sasso appears likely to continue pushing the court rightward. She is a member of the Federalist Society, which has helped shape some of the nation’s most prominent conservative judges. All of DeSantis’ Supreme Court appointees have been Federalist Society members.

DeSantis said Sasso’s “fidelity to the Constitution will help preserve freedom in our state for generations to come,” adding that she “understands the importance of our constitutional system and the rule of law.”

Judge Sasso

Judge Meredith Sasso questions an attorney during oral arguments for the
Sixth Dictrict Court of Appeals.  Gov. Ron DeSantis appointed Sasso to the
Florida Supreme Court Tuesday.  TBA, Ernst Peters/The Ledger

Sasso is the seventh woman to serve on the Supreme Court, which now has three female justices for the first time.

A Cuban American, Sasso grew up in Tallahassee. She is married with two children.

In her application for the Supreme Court seat, Sasso wrote that while working in the executive branch of government, she “gained an informed appreciation for the separation of powers.”

“Appropriate deference to coordinate branches is not a matter of courtesy; it is essential for the people’s chosen representatives to operate,” Sasso wrote. “Likewise, judicial decisions are not the only available solution to problems. When judges step outside their role, they often justify it by claiming an altruistic purpose of correcting a perceived injustice. But as judges, we should honor both our defined role and the overall system in which we operate.”

The Florida Justice Reform Institute, a legal group that advocates on issues such as limiting lawsuits against businesses, praised the appointment. William Large, the organization’s president, issued a statement that said the pick continued DeSantis’ efforts to carry out a promise to reshape the Supreme Court.

“The governor’s appointment of Meredith Sasso to the Florida Supreme Court cements this promise of appointing justices with a proven record of embracing textualism and the notion that the courts should interpret our laws, not write them.” Large said.

Sasso will join Chief Justice Carlos Muniz and Justices John Couriel, Jamie Grosshans and Renatha Francis as DeSantis appointees on the court. Justices Charles Canady and Jorge Labarga were appointed by then-Republican Gov. Charlie Crist.

Information from the News Service of Florida was used in this report.

https://www.heraldtribune.com/story/news/politics/2023/05/23/florida-gov-ron-desantis-appoints-meredith-sasso-to-supreme-court/70248010007/ 

Florida Justice Reform Institute

DeSantis names conservative judge of Cuban heritage to Florida Supreme Court

/in

yahoo! life

Jim Saunders – Tue, May 23, 2023

Sasso DeSantis

Executive Office of the Governor

Continuing to mold a conservative Florida Supreme Court, Gov. Ron DeSantis on Tuesday named Meredith Sasso to succeed former Justice Ricky Polston, who stepped down in March.

Sasso, of Orlando, has served as a state appeals-court judge since 2019 and is chief judge of the Lakeland-based 6th District Court of Appeal. Her previous positions included chief deputy general counsel for former Gov. Rick Scott.

With the pick, DeSantis has appointed five of the seven Supreme Court members, as the court has become dramatically more conservative since the Republican governor took office in January 2019.

“I am proud to appoint Judge Meredith Sasso to the Florida Supreme Court because her fidelity to the Constitution will help preserve freedom in our state for generations to come,” DeSantis said in a prepared statement.

Since Polston announced his resignation, speculation had swirled about Sasso as a potential successor. Along with serving in the Scott administration, she has been active in The Federalist Society, a conservative group that has played a key role in state and federal judicial appointments.

In her application for the Supreme Court seat, Sasso wrote that while working in the executive branch of government, she “gained an informed appreciation for the separation of powers.”

“Appropriate deference to coordinate branches is not a matter of courtesy; it is essential for the people’s chosen representatives to operate,” Sasso wrote. “Likewise, judicial decisions are not the only available solution to problems. When judges step outside their role, they often justify it by claiming an altruistic purpose of correcting a perceived injustice. But as judges, we should honor both our defined role and the overall system in which we operate.”

The Florida Justice Reform Institute, a legal group that advocates on issues such as limiting lawsuits against businesses, praised the appointment. William Large, the organization’s president, issued a statement that said the pick continued DeSantis’ efforts to carry out a promise to reshape the Supreme Court.

“The governor’s appointment of Meredith Sasso to the Florida Supreme Court cements this promise of appointing justices with a proven record of embracing textualism and the notion that the courts should interpret our laws, not write them.” Large said.

Sasso will join Chief Justice Carlos Muñiz and Justices John Couriel, Jamie Grosshans and Renatha Francis as DeSantis appointees on the court. Justices Charles Canady and Jorge Labarga were appointed by then-Republican Gov. Charlie Crist.

Before DeSantis took office, the Supreme Court had a generally liberal majority — much to the frustration of state Republican leaders and business groups. But three longtime justices, Barbara Pariente, R. Fred Lewis and Peggy Quince, left the court in early 2019 because of a mandatory retirement age, allowing DeSantis to make appointments.

Polston, another Crist appointee, was usually part of a conservative majority, so it is unclear how much Sasso will affect the ideology of the court. Labarga is the only remaining justice from the more-liberal previous majority.

After Polston announced his resignation, three candidates, including Sasso, initially applied to succeed him. But the Florida Supreme Court Judicial Nominating Commission extended a deadline and drew 15 applicants.

The commission forwarded the names of six finalists to DeSantis. In addition to Sasso, the finalists were 6th District Court of Appeal Judges Joshua Mize, Jared Smith and John Stargel, Hillsborough County Circuit Judge Thomas Palermo and 20th Judicial Circuit Chief Judge Thomas McHugh.

Sasso became a judge on the 5th District Court of Appeal in 2019 and shifted to the newly created 6th District Court of Appeal this year after a reorganization of the appellate-court system.

In her application, Sasso gave examples of opinions she had written, including a 2020 opinion about the dismissal of a former church employee that Sasso described as testing “the reach of secular judicial power.” Sasso’s opinion rejected a lawsuit alleging breach of an employment agreement, finding that what is known as the “ecclesiastical abstention doctrine” left the issue to church authorities.

“The case is significant because it demonstrates that a secular court’s only legitimate role in resolving disputes related to religious doctrine is to ensure those disputes are committed to religious authorities,” Sasso wrote in a description of the case.

Sasso has ties to Grosshans, who also served on the 5th District Court of Appeal before being appointed to the Supreme Court in 2020. Sasso spoke at a Supreme Court investiture ceremony for Grosshans in 2021, according to Sasso’s application.

Sasso, who grew up in Tallahassee, received bachelor’s and law degrees from the University of Florida. Her paternal grandparents left Cuba in 1953, according to the application.

After stepping down from the Supreme Court, Polston became general counsel of the state-backed Citizens Property Insurance Corp. He had served on the Supreme Court since 2008.

https://ca.style.yahoo.com/desantis-names-conservative-judge-cuban-182758646.html?guccounter=1 

Florida Justice Reform Institute

DeSantis Cements Textualist Majority on Florida Supreme Court

/in

The Florida Standard

The governor has consistently appointed justices with a proven record of interpreting Florida’s laws – not writing them.

JOSH MILLER – May 23, 2023

Sasso DeSantis

TALLAHASSEE, FLORIDA — Today, Governor Ron DeSantis appointed Judge Meredith Sasso as the 93rd Justice to the Florida Supreme Court.

“I am proud to appoint Judge Meredith Sasso to the Florida Supreme Court because her fidelity to the Constitution will help preserve freedom in our state for generations to come,” said Governor DeSantis. “As a Cuban-American woman who understands the importance of our constitutional system and the rule of law, Judge Sasso will serve our state well.”

Judge Sasso – currently the Chief Judge of the Florida Sixth District Court of Appeals in Lakeland – will fill the vacancy created by the retirement of Justice Ricky Polston. Sasso is the fourth woman and, as a Cuban-American, the fourth Hispanic justice Governor DeSantis has appointed to the high court since taking office in 2019.

Upon Sasso’s Senate confirmation, three women will now sit on the Florida Supreme Court simultaneously for the first time in Florida’s history.

A textualist is a judge that relies solely on the literal or plain meaning of the text in the law and does not consider other sources, such as modern social policy or legislative history when interpreting a statute.

“The governor’s appointment of Meredith Sasso to the Florida Supreme Court cements this promise of appointing justices with a proven record of embracing textualism, and the notion that the courts should interpret our laws, not write them,” said William Large, president of the Florida Justice Reform Institute.

Judge Sasso was raised in Tallahassee, Florida, and is married with two children. She currently serves as an appointed member of the Florida Bar Appellate Court Rules Committee. Sasso is also a member of the Federalist Society and the American Enterprise Institute Leadership Network.

https://www.theflstandard.com/desantis-cements-textualist-majority-on-florida-supreme-court/ 

Florida Justice Reform Institute

Private lawyers pocket $73 million in Florida’s opioid case; Is it against state law?

/in

LEGAL NEWSLINE

Ashley Moody

Moody
By Daniel Fisher – May 17, 2023 

TALLAHASSEE, Fla. (Legal Newsline) – Florida Attorney General Ashley Moody says she found a way to pay private lawyers tens of millions of dollars for negotiating opioid settlements without triggering the state’s $50 million cap on contingency fees, though a state legal reform group disagrees. 

Moody’s explanation: The companies she sued paid the fees, with more than $70 million flowing to one Washington law firm. But her explanation could be seen as contradicted both by the contract a predecessor AG signed with outside law firms as well as Florida law, which treats any legal fee that is conditioned upon winning a case as a contingency fee. And Section 16.0155 of the Florida statutes states “in no event shall the aggregate contingency fee exceed $50 million” in any set of litigation, regardless of the number of cases or lawyers involved.

“It does not appear that the department is correctly interpreting section 16.0155, at least in light of how courts define a contingency fee,” wrote William Large, president of the Florida Justice Reform Institute, in a legal analysis obtained by Legal Newsline.

Florida passed its fee cap in 2010, part of a wave of such laws known as Transparency in Private Attorney Contracting, or TIPAC, statutes. Business organizations supported such legislation after plaintiff lawyers, many with political ties to the AGs who hired them, collected a $14 billion fee award in tobacco litigation in the late 1990s. They went on to earn hundreds of millions of dollars more, typically through no-bid contingency fee contracts.

Florida’s law requires the AG to make all contracts with outside lawyers public and limits contingency fees to $50 million. The contract former AG Pam Bondi signed in 2018 with Kellogg Hansen of Washington D.C. and three Florida law firms to sue Walgreens, Walmart, CVS and other opioid distributors acknowledges Section 16.0155 and the $50 million fee cap, but also says the private lawyers “shall first seek” to have their fees “paid by one or more of the parties legally responsible for the opioid crisis.”

After Florida negotiated more than $1.6 billion in settlements with those companies, a Pasco County judge awarded Kellogg Hansen $73.5 million in fees. When asked why the law firm’s fees exceeded the cap, Moody spokesperson Whitney Ray said the cap didn’t apply because the money came from the companies, not out of the state’s share of the settlement.

“We have not paid any firms,” Ray said in an e-mailed response to questions from Legal Newsline. “The contract, which was negotiated during the previous administration, provided that counsel would attempt to get fees from the defendants first.”

That explanation defies Florida precedent, said Large of the Florida Justice Reform Institute. While no court has decided how to apply Section 16.0155 – and none may, since it isn’t clear who would have standing to sue over the AG’s interpretation of the law – prior decisions including a 1990 opinion by the Florida Supreme Court have made it clear that any fee dependent on the outcome of the case is a contingency fee, Large wrote.

“That the parties agreed that the law firms would first seek payment from the defendants — and ultimately they did obtain fees as part of settlements and pursuant to fee-shifting statutes — does not transform the fees into something other than contingent fees,” Large wrote.

Moody, like her predecessor Bondi, is a Republican and Florida’s TIPAC statute was signed by Republican then-governor Charlie Crist. But Republican AGs have also shown themselves willing to make deals with private attorneys that contribute to their campaigns. Florida firms Drake Martin Law Firm, Curry Law Group, Harrison Rivard Duncan & Buzzett and Newsom Melton also may have shared in opioid fees, although Moody’s spokesperson didn’t respond to a question asking how much they were paid. Some of those firms contributed thousands of dollars to Moody’s political campaigns. 

Former Republican AG Bill McCollum, who helped draft and pass Florida’s TIPAC statute, said in an interview last year that the fee cap law means what it says.

“The fee cap applies regardless of what the court is doing,” McCollum said then. He declined to comment for this article.

Moody’s office also declined to answer questions about possible inconsistencies in the AG’s position. The global settlement with opioid distributors, which Florida attached to its court filings in Pasco County, describes the state’s contract with outside lawyers as governed by TIPAC (seen on page 585 here). 

To explain why the fee cap didn’t apply, the AG’s office cited section 501.2105 of the Florida statutes, which allows the AG’s office to recover fees in consumer fraud cases. If that statute applies, however, the law also requires a sworn statement of the state’s costs to be attached to the court order awarding fees. No such statement is in the Pasco County court docket and the AG’s office didn’t respond to requests for the affidavit.

https://legalnewsline.com/stories/641734122-private-lawyers-pocket-73-million-in-florida-s-opioid-case-is-it-against-state-law 

Florida Justice Reform Institute

GoDaddy Tries To Sway Full 11th Circ. On TCPA Standing

/in

Law 360

By Jess Krochtengel 

Law360 (May 16, 2023, 7:36 PM EDT) — GoDaddy.com is trying to persuade the Eleventh Circuit to keep its relatively high bar for standing in Telephone Consumer Protection Act class actions, while a class that got unwanted text messages from the company says the court should align with other circuits.

The full Eleventh Circuit is slated to hear argument on June 13 on the question of whether receiving a single unsolicited text message constitutes the kind of concrete injury that would confer standing under the TCPA. A now-vacated panel decision had wiped out an up to $35 million settlement between GoDaddy and a group of consumers based on the panel’s concerns about whether all class members had standing to sue.

But the en banc circuit is now considering whether its 2019 precedent in Salcedo v. Hanna correctly held that standing can’t be established for a TCPA claim through the receipt of a single unsolicited text message. The question gives the court a chance to consider how the U.S. Supreme Court’s 2021 decision in TransUnion v. Ramirez  — which held plaintiffs must establish they were concretely harmed by a statutory violation to have standing — may have shifted the landscape since the Salcedo decision.

GoDaddy wants the court to affirm the Salcedo precedent, staking out the position in a brief Monday that the “mere annoyance and inconvenience” of getting one unwanted text message does not constitute the kind of harm that confers standing in federal court.

“There is no historical common-law tort analogue for the harm allegedly associated with a single text message, meaning there is no concrete injury associated with a single text message, and no standing,” it said.

The class, led by lead plaintiff Susan Drazen, argued in a brief Monday that every circuit except for the Eleventh recognizes standing for individuals who get a single text message, call or fax in violation of the TCPA. Congress spelled out that harm from unwanted messages supports a claim for damages, the class argued.

It says the Salcedo decision is at odds with TransUnion and that high court precedent does not require a statutory violation to exactly duplicate a common-law harm to be treated as a concrete injury.

“The Salcedo ruling requires courts to reject any congressionally-recognized harm unless it matches a common-law cause of action, both in kind and in degree,” the class said in its brief. “That rule sets the bar too high for access to the courts.”

Amicus briefs that poured in on Monday highlight the importance of the case to class action litigators, particularly industries that face a lot of litigation under the TCPA.

Retail Litigation Center Inc. and the Florida Retail Federation support GoDaddy’s position that getting a single unwanted text message is not analogous to common-law harm, as does ACA International, a debt collection trade association. ACA emphasized to the court that the TCPA is a “poster child for lawsuit abuse” and that this case will directly impact how much TCPA litigation its members face.

And Florida Justice Reform Institute Inc. said in its brief that if Salcedo were overturned, “it would be ruinous to the Florida businesses that FJRI exists to protect from abusive and predatory lawsuits.”

Public Citizen’s amicus brief supports the class, saying Salcedo’s standing analysis required too close a relationship between the harm from a statutory violation and the kinds of injuries addressable in common-law torts.

A man who objected to the settlement on the grounds it awarded excessive attorney fees, Juan Enrique Pinto, said in a brief in April that receiving an unwanted text message or phone call is a concrete injury that establishes standing under the TCPA. He urged the Eleventh Circuit to recognize standing for all the GoDaddy class members.

Pinto is separately urging the court to reverse the lower court ruling based on what he alleges is a violation of the Class Action Fairness Act’s restrictions on coupon settlements. Still, that issue is not teed up for the en banc court.

Drazen, a Florida resident, sued GoDaddy in August 2019 in the Southern District of Alabama for alleged violations of the TCPA, accusing the company of using an automatic telephone dialing system to send unwanted calls and text messages promoting its products. A $35 million settlement was preliminarily approved in 2020.

The district court had signed off on the class, reasoning that class members who lived outside the Eleventh Circuit would have viable claims in their respective circuits.

Counsel for the parties did not immediately respond to requests for comment Tuesday.

The plaintiffs are represented by Earl Price Underwood Jr. of Underwood & Reimer PC.

GoDaddy is represented by Matthew B. Criscuolo and Jeffrey M. Monhait of Cozen O’Connor.

Pinto is represented by Robert W. Clore of the Bandas Law Firm PC.

The case is Drazen et al. v. GoDaddy.com LLC, case number 21-10199, in the U.S. Court of Appeals for the Eleventh Circuit.

–Additional reporting by David Minsky. Editing by Jay Jackson Jr.

https://www.law360.com/articles/1677930/godaddy-tries-to-sway-full-11th-circ-on-tcpa-standing 

Florida Justice Reform Institute

Lawmakers approve reform of the Florida Telephone Solicitation Act

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FLORIDA RECORD

William Large

Large | FJRI

By Juliette Fairley – May 15, 2023

Gov. Ron DeSantis is expected to sign an amendment to the Florida Telephone Solicitation Act that aims to end lawsuits against business owners who legitimately market to their existing clients. 

 

Gov. Ron DeSantis is expected to sign an amendment to the Florida Telephone Solicitation Act that aims to end lawsuits against business owners who legitimately market to their existing clients.

“The FTSA, as currently enacted, is being used by a cottage industry of plaintiffs firms and professional plaintiffs who seek to end run businesses’ legitimate signup procedures, and capitalize on enormous class action exposure,” said Alexis Buese, co-chair of the Gunster Class Action Defense Group. 

As reported by the National Law Review, the FTSA currently bans all automated telemarketing sales phone calls and text messages unless consumers provide consent in writing.

 “Unfortunately, the plaintiff’s bar took advantage of that, and they began to bring lawsuits where people had agreed to receive a text message about product A from a company, and the company sent a text message about product B,” said William W. Large, president of the Florida Justice Reform Institute, a lobbying organization in Tallahassee.

Currently, consumers can recover $500 per violative automated telemarketing call or text they receive that they did not authorize as well as reasonable attorney fees and $1,500 in treble damages for willful or knowing violations. 

“They’d get the statutory fine for themselves, but in discovery, they’d find out who also received the text message and it’s unlikely that only one text message went out,” Large told the Florida Record. “It’s likely that 10,000 messages went out and so they put everybody in class action then multiply the fine times all the class participants. So, it became very expensive.”

 Although opponents have warned that, if enacted, the legislation could cause the telemarketing industry to overwhelm Floridians with unrequested calls, Large argues that there are safe harbor protections.

“If you hit stop with a text message and they still come in, those telemarketers will be addressed by the safe harbor provisions in the bill,” Large added.

The FTSA amendment, If signed into law by DeSantis, will narrow private causes of action, limit applicable violations to unsolicited calls, and allow a safe harbor of 15 days for businesses to stop contacting consumers.

 “True spam, which is what we should be stopping, is where an illegitimate business is contacting somebody who has no business relationship with that consumer,” Buese told the Florida Senate Committee on Rules on April 24. “None of the true spammers are being sued because when you get a text message from a spammer, it doesn’t include their contact information. When you get a text message from a business you signed up to get a text message from, it includes their contact information. The amendment strikes the right balance. It punishes the true unsolicited text messages and calls while stopping the abuse of litigation tactics against Florida’s businesses.” 

https://flarecord.com/stories/642156072-lawmakers-approve-reform-of-the-florida-telephone-solicitation-act 

Florida Justice Reform Institute

Florida named a Point of Light by American Tort Reform Foundation

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FLORIDA RECORD

William Large

Large | FJRI
By Juliette Fairley – May 11, 2023 

After a long history of landing the top spot on the American Tort Reform Foundation’s Judicial Hellhole, Florida has become a Point of Light, and a tort reform advocate credits Gov. Ron DeSantis.

“I give full credit to Governor Ron DeSantis and leadership in the Florida House and Senate,” said William W. Large, president of the Florida Justice Reform Institute, a lobbying organization in Tallahassee. “Governor DeSantis paved the way in changing the direction of the state of Florida.”

ATRF previously ranked Florida at No. 1 in 2018 and No. 2 in 2019 because of its excessive litigation, frivolous lawsuits, and outrageous damages.

Now, Florida does not appear on the list at all.

“Under the strong leadership of Governor DeSantis, improvements to Florida’s civil justice system over the past several years have moved the state forward, showing that protecting citizens from lawsuit abuse is a high priority,” American Tort Reform Association President Tiger Joyce said.

The Sunshine State’s legal climate was improved by a tort reform package signed into law by DeSantis.

The legislation includes the following:

House Bill 837 eliminated contingency fee multipliers in attorneys’ fees, one-way attorney fee provisions, and reduced the statute of limitations for general negligence cases.

“There was a perverse incentive that no longer exists,” Large told the Florida Record. “The perverse incentive was found in the one-way attorney fee provision and there would be a multiplier on top of that.”

 A one-way attorney fee allowed for an award of attorney fees to prevailing parties involved in an insurance dispute.  

Senate Bill 360 shortens the timeline for when a construction defect lawsuit can be filed.

“A statute of repose is different than a statute of limitation, which is triggered when you knew or should have known about a claim in the construction arena but a statute of repose is like a brick wall that you can’t get past in Florida and that was 10 years,” Large said in an interview. “It was just reduced to seven years.”

House Bill 1205, approved by the House and the Senate, is expected to be signed by DeSantis. Once enacted, it would regulate legal services ads related to pharmaceutical drugs and medical devices.

“The problem that we saw in Florida were ads done by non-attorneys, which were really legal aggregators,” Large added. “The Florida Bar does an excellent job of policing ads by members of the Florida Bar but we live in a world today where on cable television an ad can be broadcast in the state of Florida, and it’s not done by a Florida attorney but it reaches a Florida audience. This bill is meant to address those situations, and I think it’s very important.”

https://flarecord.com/stories/642081368-florida-named-a-point-of-light-by-american-tort-reform-foundation 

Florida Justice Reform Institute

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