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]

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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/ 

 

Drew Wilson – November 14, 2022

The initiative says questionable claims are driving up auto insurance premiums.

A new initiative launched by insurance and tort reform groups is taking aim at assignment of benefits agreements for windshield repairs.

Assignment of benefits, or AOB, is a legal process that allows policyholders to sign over their insurance benefits to a third party in exchange for a quick repair.

Companies on the other end of AOB agreements often sue insurance companies to collect fees. Insurers say those lawsuits are often for inflated claims. Insurers say that AOBs, coupled with the one-way attorney fees statute requiring insurance companies to pay the cost of litigation if they lose, are driving up auto insurance premiums.

The new initiative, “Fix the Cracks,” is a partnership between the National Insurance Crime Bureau (NICB), the Florida Justice Reform Institute (FJRI), and the Personal Insurance Federation of Florida (PIFF).

According to a news release, the initiative “is working to protect consumers from predatory auto glass claims and litigation, ensure passenger safety and draw attention to the need for legislative changes.”

Fix the Cracks said most policyholders aren’t aware they are signing over their rights as policyholders or that repair companies and trial lawyers are using rights gained under an AOB agreement to sue insurance companies.

The group said many policyholders who sign AOB agreements are lured with promises of incentives. In past Legislative Sessions, lawmakers have tried to curb auto glass claims by limiting incentives, such as cash or gift cards.

The provision was included in a 2021 bill that would have ended the state’s no-fault auto insurance system. Though that bill cleared the Legislature it was ultimately vetoed by Gov. Ron DeSantis

State data shows auto glass claim lawsuits are on the rise, with 28,156 such lawsuits filed last year. By comparison, there were 591 auto glass claim lawsuits filed in 2011. Overall, there were nearly a half million auto glass claims filed in Florida last year, more than in any other state. There were fewer than 400,000 claims filed in Arizona, the No. 2 state.

Additionally, Fix the Cracks said Florida and Arizona account for nearly three-quarters of “questionable” auto glass claims nationwide.

“It is a crime to file a fraudulent insurance claim in Florida, such as auto glass repairs or windshield replacements where no damage existed,” said Eric De Campos, Government Affairs Director for the National Insurance Crime Bureau. “This is occurring often in Florida as consumers are being solicited and offered incentives to file false or fraudulently inflated auto glass insurance claims. NICB supports the Fix the Cracks initiative in warning the public of these scams that take advantage of Florida consumers.”

Data compiled by FJRI shows most auto glass claims are filed by about a dozen law firms operating in just a handful of Florida counties. However, their customers hail from all corners of the state.

“Vendors use these assignments to seize the policyholder’s special one-way attorney fee right under statute and file expensive lawsuits based on inflated claims,” said William Large, president of the Florida Justice Reform Institute. “Many of these lawsuits happen without the policyholder’s knowledge or informed consent.”

Fix the Cracks partners say they will continue to add and share resources to bring attention to the problem and advocate for reforms.

“The Florida Legislature passed AOB property insurance reform in 2019, but auto glass claims abuse was left out,” said Michael Carlson, president and CEO of PIFF. “The AOB auto glass loophole, supported by the one-way attorney fee law, is the latest machine for some to profit at the expense of auto insurance consumers.”

https://floridapolitics.com/archives/571441-initiative-launches-to-fix-the-cracks-in-auto-glass-claims/ 

 

Drew Wilson – May 24, 2022

CPC also lauded Sen. Jim Boyd, Rep. Jay Trumbull and Insurance Commissioner David Altmaier.

A group dedicated to curbing insurance litigation praised Gov. Ron DeSantis on Tuesday for calling on lawmakers to rein in “attorney fee jackpots” in property insurance lawsuits.

The Consumer Protection Coalition, which is spearheaded by the Florida Chamber of Commerce, also praised the Governor for ordering a Special Session to address the property insurance crisis, which has been marked by rising premiums and several insurers either exiting the Florida market or entering receivership.

The CPC and many of its member organizations blame the market’s tailspin on a glut of lawsuits. The instability is complex, however, Florida does have a high volume of property insurance lawsuits — a report from the state’s Office of Insurance Regulation found that Florida accounted for less than a tenth of homeowners’ insurance claims but more than three-quarters of all homeowners’ litigation in the United States.

“Recognizing the severity of the crisis, Governor DeSantis repeatedly called on the Legislature to take up and pass significant property insurance reforms during the 2022 Regular Session. When those reforms failed to materialize, Governor DeSantis once again turned words into action, unilaterally calling the Legislature back into Special Session and driving consensus on a substantial agenda,” said William Large, President of the Florida Justice Reform Institute, and a member of the CPC. “The proposed property insurance reform legislation will go a long way towards getting to the heart of escalating rates and limited coverage — lawsuit abuse.”

The CPC also praised Sen. Jim Boyd and Rep. Jay Trumbull, both Republicans, for their role in developing the property insurance package under consideration during the Special Session and Insurance Commissioner David Altmaier “for providing critical marketplace data and counsel for legislators to act upon.”

The organization specifically highlighted provisions in the reform package that would eliminate attorney fees if a policy is signed over to a third party — a practice known as “Assignment of Benefits” (AOB). CPC also praised provisions that would limit contingency fee multipliers to “rare and exceptional cases” and require trial attorneys to prove an insurer breached its  contract with the policyholder as a condition for prevailing in a bad faith lawsuit.

“Litigation drives losses and losses drive rate increases. With Florida accounting for 79% of the nation’s homeowners’ insurance lawsuits over claims filed while making up only 8% of the nation’s homeowners’ insurance claims, it is clear Florida has a litigation problem that is costing Florida ratepayers when they can least afford it,” a CPC news release said.

“The necessary lawsuit abuse reforms put forth by Senator Boyd and Representative Trumbull in SB 2D/HB 1D will help build the infrastructure for a stabler and more competitive insurance market. We thank Governor Ron DeSantis for his leadership in calling this Special Session to stand up for consumers and tackle the root causes driving up property insurance rates.”

https://floridapolitics.com/archives/527509-consumer-protection-coalition-praises-gov-desantis-for-targeting-meritless-litigation/ 

 

Jesse Scheckner – February 28, 2022

Rep. Mike Beltran lowered the caps in his bill to appease groups like the Florida League of Cities, which still opposes his bill.

A House measure raising payout caps in claims against state, county and municipal governments has cleared all assigned committees ahead of a full floor vote by the chamber.

Members of the House Judiciary Committee voted 19-0 Monday for a bill (HB 985) by Lithia Republican Rep. Mike Beltran revising Florida’s sovereign immunity law, which prevents the government from having to settle pricy lawsuits without its consent. The Senate counterpart is also ready for the floor.

Currently, the Legislature must approve paying claimants — who often sue the government for loss or injury — settlements higher than $200,000 per person and $300,000 per incident. The Legislature can then approve payments in excess of existing caps through measures called “claims bills” or “relief acts.”

Beltran’s bill, as changed through a committee substitute, would double pre-claims-bills settlement caps to $400,000 per person and $600,000 per incident. The bill originally proposed raising the payout cap to $1 million per person with no per-incident limit — “a massive step in the right direction,” according to Todd Michaels of the Florida Justice Association.

Local governments would be able to waive their sovereign immunity protections and enter settlements over the state-set limits.

Both the Senate and House bill would remove the statute of limitations on claims related to sexual battery of victims younger than 16 at the time of the incident on or after July 1, 2010.

But unlike its Senate analogue SB 974 by Sarasota Republican Sen. Joe Gruters — which cleared its final committee last week — the version of Beltran’s bill that advanced Monday does not have a requirement that the payout caps be adjusted to reflect the Consumer Price Index (CPI) for the Southeast United States “or a successor index” as calculated by the U.S. Department of Labor.

Beltran argued the cap increases contemplated in his amended bill would still be too low, noting they are “less than any rational inflation adjustment that you could come up with from 2010 forward.”

“We’ve done these calculations, and everyone (I spoke with) said that it should be more of an increase,” he said. “If we were doing anything less than this bill, we would be doing nothing.”

The Florida League of Cities, Florida Justice Reform Institute, Panhandle Area Educational Consortium, Safety Hospital Alliance of Florida and Fort Walton Beach opposed Beltran’s bill even in its amended form.

David Cruz of the Florida League of Cities said the $400,000 and $600,000 caps “is a number that is too high for our cities,” particularly for ones with smaller, less well-to-do populations.

When the Florida Legislature adopted the Florida Waiver for Sovereign Immunities Act in 1973, it capped payouts without legislative action at $50,000 per person and $100,000 per incident. Those limits last rose in 2010.

Beltran expressed frustration that several groups with which he had spoken have continued to deride his bill despite the lowered values. Some of them, he said, had confided to him that an increase is overdue.

“The same stakeholders who have come and asked me to bring the limits down again and again and again are still opposing this bill,” he said. “And some of you … have acknowledged to me privately that the limits need to go up.”

Even if the Legislature approves the increases in his bill or in Gruters’ bill, which would hike them to $320,000 and $640,000 with CPI adjustments every decade, the raises wouldn’t be enough on day one when compared with the rate at which medical costs have gone up, among other metrics.

“It’s going to be inadequate the first year out after we do this,” he said. “Because there’s going to be inflation, and inflation is going up. It’s not going down.”

https://floridapolitics.com/archives/501952-bill-hiking-payout-caps-for-lawsuits-against-government-clears-final-house-committee/