Christine Jordan Sexton
February 24, 2023

The Senate has not filed a companion bill to date, but Senate President Kathleen Passidomo has thrown her support behind the move.

The House is pushing ahead with changes that would place new limits on lawsuits and make it harder for people to sue insurance companies or win damages in complicated lawsuits.

The House Civil Justice Subcommittee spent more than four and a half hours discussing HB 837 before passing it by a 12-6 vote. The bill is slated to go to the full Judiciary Committee next.

To date, the Senate has not filed a companion bill, but Senate President Kathleen Passidomo threw her support behind limiting lawsuits, appearing at a press conference with Gov. Ron DeSantis and House Speaker Paul Renner

House subcommittee members rejected five amendments offered by Democrats that would have watered down the far-reaching bill, and adopted amendments offered by bill co-sponsors Tommy Gregory and Tom Fabricio

HB 837 changes Florida’s comparative negligence system from a “pure” comparative negligence system to a “modified” comparative negligence system. The bill also eliminates Florida’s one-way attorney fee provisions for insurance cases, a move that opponents argue will eliminate the ability for low-income individuals and those with average salaries from being able to sue their insurance companies.

“This is sweeping with a very broad bush,” Rep. Mike Beltran said noting that the changes impact personal injury protection, life, property and auto glass cases. “We are taking things that people would probably concede there is some abuse and then we are taking things were there is no abuse. I am not aware of any abuse in life insurance litigation.”
One Gregory amendment adopted Friday morning changes the statute of limitations people have to file a suit against a business from four to two years, a move that some warned will lead to an increase in litigation, not a reduction. 

Beltran, a Republican who voted against the bill, said he hadn’t heard of any complaints about the statute of limitations and said that the change could have unintended consequences, including increasing the number of lawsuits.

The subcommittee also agreed to tag on an amendment offered by Fabricio that would require juries, when considering premise liability, to weigh the fault of all persons who contributed to the injury, even criminals. 

The subcommittee shot down amendments offered by Democrats, including an amendment offered by Rep. Daryl Campbell which would have eliminated from the bill a new section of law relating to the admissibility of evidence to prove medical expenses in personal injury or wrongful death actions. 

Dubbed “truth in damages” by proponents, the section would limit what the jury can see in terms of past medical expenses. If the plaintiff is insured, the jury will see the amount the health insurer is obligated to pay to satisfy the plaintiff’s medical treatment, plus any copayments or deductibles.

Under the bill, if the plaintiff has health insurance coverage, the jury only is allowed to see the amount the insurer is obligated to pay to satisfy the claimant’s incurred medical treatment or services, plus the plaintiff’s share of medical expenses.

If the plaintiff is uninsured, the jury will see the Medicare reimbursement rates that were in effect at the time of the trial. If there is no applicable Medicare rate for a service, the bill sets the fees at 140% of the Medicaid rate.

The committee heard from several health care provider groups that testified that they wouldn’t be able to treat patients if the bill passed because of the low Medicare and Medicaid reimbursement rates.

Business interests have long decried Florida’s judicial system as a “hellhole.” HB 837 has been described by insurance and business associations as the most far-reaching proposal considered by the Legislature in years.

“Governor DeSantis has repeatedly pledged to take on the toughest issues and he has delivered. Now, with help from the Legislature, he’s taking on the trial lawyers in dramatic fashion and leading Florida towards a more predictable, stable legal environment that focuses on fairness and personal responsibility,” Florida Justice Reform Institute President William Large said in a statement following the vote. Large thanked the governor, Renner, and the bill sponsors for filing the measure which he called, “the most consequential civil litigation reform in a generation.”

https://floridapolitics.com/archives/590777-bill-limiting-lawsuits-and-attorneys-fees-clears-house-subcommittee/ 

 

Tort reforms inbound: House Judiciary Committee Chair Rep. Tommy Gregory this week filed a 22-page bill that makes significant changes to the state’s tort system, eliminating one-way attorney fees and attorney fee multipliers across all lines of insurance and putting the kibosh on the use of letters of protection (LOP). At press time there was no companion for Gregory’s HB 837. Florida Justice Reform Institute President William Large said “solving” the LOP issue was the “most important” issue to tackle this Session.

Meanwhile, DeSantis appeared with legislative leaders this week to announce his support for the changes. “You have a lot of use of the legal system that’s been put toward not benefiting someone in the system,” DeSantis told reporters in Jacksonville. “We don’t want cases that are brought where we know there’s no real liability but nevertheless it adds to the cost.” DeSantis didn’t release any details regarding the changes he’d like to see made this Session.

https://floridapolitics.com/archives/589266-takeaways-from-tallahassee-come-one-come-all/ 

Christine Jordan Sexton – February 13, 2023

‘If you ask me what is the most important thing you can do on civil justice or lawsuit abuse, it’s solving this issue.’

Now that the long-running lobbying over AOB (assignment of benefits) has been resolved, business interests are targeting another thorny issue with an acronym they want tackled: LOP.

A letter of protection (LOP) is a letter sent to a medical professional by a plaintiff’s attorney representing the patient. LOPs guarantee the provider payment for medical treatment from a future lawsuit settlement or verdict award. Therefore, if the patient is insured, providers don’t bill the insurers Medicare or Medicaid.

“If you ask me what is the most important thing you can do on civil justice or lawsuit abuse it’s solving this issue,” Florida Justice Reform Institute President William Large said at the Associated Industries of Florida Florida Business Forum event in Tallahassee.

Large said letters of protection enable plaintiff attorneys to inflate the value of past medical bills and, moreover, allow plaintiffs to “get around” the set-off rule.

Large hypothesizes the use of LOPs artificially inflates the costs of settlements by four times the amount.

Because the providers are going outside the insurance system, the costs of care are higher. 

The higher the costs of past care, the higher the costs of future care, and the higher the amount of pain and suffering juries are willing to award. Large said his analysis shows lawsuits with past medical costs of $90,000 or more can yield big verdict returns.

“There’s a real incentive to increase the past medicals,” Large told the crowd.

Additionally, the use of an LOP allows plaintiff attorneys to circumvent the “set-off rule” which allows the amount paid by the insurer and accepted by the health care providers to be deducted from past medical bills.

Because the medical bills are outstanding and payment has been made, there is no set off.

LOPs, Large said, increase costs by “five or sixfold” every time they are used.

Florida Trucking Association President & CEO Alix Miller said LOPs are a reason the 10 insurance carriers for the trucking industry have been driven out of the market. Many trucking companies have seen their insurance rates double and their coverage reduced by half.

She said the trucking companies, many of which she called mom-and-pop businesses, earn 6 cents on the dollar, and “have no choice but to cover our legal expenses of frivolous lawsuits onto the movement of goods.”

Miller said FTA estimates that the tort tax translates up to $5,000 annually.

LOPs have been a priority issue for the business community over the last several years with Publix throwing its weight behind changes.

https://floridapolitics.com/archives/588036-business-groups-target-letters-of-protection-for-upcoming-2023-session/ 

Blake Dowling – February 3, 2023

The firm announced that on Day One it was engaged by several top government and corporate clients.

Lawson Huck Gonzalez, PLLC is hitting the ground running.

From its first day, a number of influential Florida businesses, trade associations and state agencies have engaged the newly launched law firm, which began operations this week.

With offices in Tallahassee and Miami, the firm will focus on litigation, appeals, administrative hearings and government investigations.

As we begin 2023, I’d like to present the new powerhouse team of legal experts, each at the top of their game.

If you have worked in this space, you know them by name and reputation, please join me in celebrating the new firm, Lawson Huck Gonzalez as they open their doors today.

 Here are the elite professionals of Lawson Huck Gonzalez, PLLC: Alan Lawson, who retired in August as a Justice on the Florida Supreme Court; Paul Huck, Jason Gonzalez and Amber Nunnally.

Huck — husband of Judge Barbara Lagoa of the United States Court of Appeals for the 11th Circuit — previously served as Chief Deputy Attorney General and General Counsel to the Florida Governor, and more recently was a partner in Jones Day’s Miami office.

Jason Gonzalez, Alan Lawson, Amber Nunnally, Paul Huck. Image via Lawson Huck Gonzalez.

Gonzalez also served as General Counsel to the Florida Governor and frequently handles high-profile cases for the government and business community. Gonzalez resigned from Shutts & Bowen last month where he served as managing partner of the firm’s Tallahassee office and Chair of the firm’s appellate practice group.

Nunnally served as a top aide to then-House Speaker Marco Rubio and later clerked for Florida Supreme Court Justice Ricky Polston

They are supported by a seasoned team of associate attorneys and litigation support staff, all experienced in complex litigation and appellate matters in federal and state courts throughout Florida.

The firm announced that on Day 1 it was engaged by several top government and corporate clients, including:

— HCA Healthcare

— Florida Chamber of Commerce

— Florida Power & Light

— NextEra Energy

— Publix Supermarkets

— Ajax Building Corporation

— D.R. Horton

— U.S. Institute for Legal Reform

— Florida Healthcare Association

— CrowderGulf

— Florida Department of Transportation

— Florida Department of Management Services

— Security First Insurance Company

— Tower Hill Insurance

— Greater Miami Expressway Agency

Florida Chamber of Commerce President Mark Wilson enthusiastically welcomed the firm.

“We are grateful to Justice Alan Lawson for his service on the Supreme Court and look forward to working with him and his new law partners,” Wilson said. “I’m excited he chose to team up with Jason Gonzalez, whose work with the Florida Chamber has helped to change the legal climate in Florida for decades to come. Congratulations on the creation of a new Florida business and the newest Florida Chamber of Commerce member.”

William Large, president of the Florida Justice Reform Institute concurred. “Justice Alan Lawson, Jason Gonzalez, Paul Huck and Amber Nunnally have built an outstanding legal team. FJRI looks forward to continuing to retain these lawyers to file briefs in high-profile Florida appeals,” said Large.

We sat down with these prominent legal minds to learn more about what brought them together and their backgrounds:

Blake Dowling: Why start your own firm now?

Alan Lawson: “After my retirement from the State, several friends with outstanding firms approached me about joining their practices. As Jason and I were talking, the idea of starting our own firm came up and we brought Paul and Amber into that conversation.  The timing was clearly right for each of us and things just came together.  For me, all the opportunities that presented themselves were fantastic — it’s just that none were as exciting as starting a firm with Paul, Jason and Amber. The team that we have put together is extraordinary and I know that we can fill a needed niche that will serve our clients extraordinarily well — and that we will enjoy working together to build a law firm marked by excellence and integrity.”

BD: Have you encountered any surprises or unexpected aspects of starting a new law firm?

Jason Gonzalez: “The support from our clients has been beyond anything I expected. All of our past clients came with us to the Lawson Firm. Several of them asked if they could be the first client of the new law firm. If you’ve ever risked everything to start a new business, you know that’s an emotionally overwhelming thing to hear. Their encouragement and investment in us is something I will never forget.

“Several new clients have reached out to retain us after hearing the news. As a result, we’re hiring several additional lawyers to help with the increased caseload. They are amazing lawyers who work at top law firms, and most were recommended to us by federal judges. We’ll be announcing their moves to the Lawson Firm over the next few weeks.”

BD: Where will the firm have offices?

Paul Huck: “We have offices in Tallahassee and Miami. While the firm has plans for growth in Tampa, West Palm Beach and Fort Lauderdale, it won’t be rushed. Hiring the highest quality attorneys will drive every decision we make related to expansion. In addition, we’ve engaged a litigation support group of part-time attorneys, all of whom worked at AmLaw 100 law firms. They enable us to undertake large complex litigation of any size.”

BD: Is there anything unique the firm offers to clients?

Amber Nunnally: “Our lawyers’ experience and qualifications are unique for a law firm offering small-firm hourly rates and personalized service. Our team is big enough to staff larger complex litigation like the big firms, but I’m not aware of another law firm of our size offering the experience of lawyers who have represented the biggest companies in Florida and the most powerful elected officials, including four Governors and two Attorneys General. Combine that with the experience of someone who presided over more than 100 jury trials as a circuit judge before serving for many years as a judge on the district court of appeal and then as a Justice on the Florida Supreme Court. I don’t know of another law firm offering that unique experience with small-firm service and rates.

“We also know and love Florida in ways some of the law firms with out-of-state headquarters may not. Our founding shareholders have lived, worked or served in all 67 counties. With nearly 100 years of combined experience, we’ve dedicated our legal careers to protecting Floridians’ constitutional rights and keeping our state a place where businesses, families and individuals thrive. We are passionate about this work and will never back down.”

BD: Justice Lawson, has it been hard to move from the court to private practice?

Alan Lawson: “Only in that I do miss working with my former colleagues at all levels of Florida’s judiciary — and with those who work tirelessly in support of our justice system. Beyond that feeling of loss, I am thoroughly energized at the thought of taking what I have learned from a diverse 35-year legal career and employing that knowledge to help build a firm of remarkable young lawyers who will serve clients well for decades to come. I started practice in 1987 and handled an array of litigation matters as an associate and partner at an exceptional Florida firm, Steel Hector & Davis. I was blessed to be able to work with and learn from some of Florida’s best attorneys — true professionals who practiced at the highest level, achieved extraordinary results for their clients and were genuinely good people. I then handled litigation for Orange County where, again, I honed my skills working with outstanding professionals who helped to shape and prepare me for a 22-year judicial career.

“During my years on the trial bench, I was privileged to preside over more than 100 jury trials; heard oral arguments in more than 1,000 appeals; closed approximately 7,000 cases at the trial level and decided more than 25,000 appeals. Those experiences have allowed me to further hone my skills in legal strategy and analysis and have prepared me for this new role.  My primary focus at Lawson Huck Gonzalez will be representing our clients and guiding our lawyers as they hone their skills, build their practices and seek the best result possible for our clients. I do look forward to getting back in the courtroom.”

For more information, please visit lawsonhuckgonzalez.com or [email protected]

___

Blake Dowling is CEO of Aegis Business Technologies; he can be reached at [email protected]

https://floridapolitics.com/archives/585574-blake-dowling-a-chat-with-members-of-floridas-newest-powerhouse-law-firm/ 

December 17, 2022

Florida Justice Reform Institute President William Large praised DeSantis and the Florida Legislature for passing SB 2A.

“SB 2A includes substantial reforms that remove the incentive to file lawsuits over questionable claims,” Large said in a prepared release.

 William Large and FJRI say thank you. Image via Colin Hackley.

Established in 2005 and backed by the Florida Chamber, Large’s group lobbies the Legislature on all tort related issues, from workers compensation to medical malpractice to property insurance. Large said the bill provides “common sense solutions” that will hold all parties accountable.

“With his signature on Senate Bill 2A, Gov. DeSantis will have another opportunity to cement Florida’s reputation as a litigation reform leader and not a laggard.”

DeSantis signed the bill on Friday.

Meanwhile, the like-minded group Floridians for Lawsuit Reform also issued a prepared release on the property insurance reform package. The headline read: “Florida Lawmakers Deliver an Early Holiday Gift to Floridans and No Grinch in Sight.”

https://floridapolitics.com/archives/576940-takeaways-from-tallahassee-12-days-of-christmas-scams/