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Florida Justice Reform Institute

DeSantis names conservative judge of Cuban heritage to Florida Supreme Court

May 23, 2023/in Miami Herald

Miami Herald

BY JIM SAUNDERS NEWS SERVICE OF FLORIDA
UPDATED MAY 23, 2023 

Sasso DeSantis

Gov. Ron DeSantis poses with newly appointed Florida Supreme Court Justice Meredith Sasso and her children
in his office on Tuesday, May 23, 2023. 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. This story was originally published May 23, 2023, 2:27 PM.

https://www.miamiherald.com/news/politics-government/article275701246.html#storylink=cpy 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-05-23 15:55:162024-12-05 15:40:48DeSantis names conservative judge of Cuban heritage to Florida Supreme Court
Florida Justice Reform Institute

Once foes, Florida Republicans, trial lawyers find conservative agenda is common ground

March 2, 2022/in Miami Herald

 

Miami Herald

Once foes, Florida Republicans, trial lawyers find conservative agenda is common ground

BY LAWRENCE MOWER
MARCH 02, 2022 6:46 PM

gavel scales GETTY IMAGES

TALLAHASSEE

For decades, Republicans have railed against frivolous lawsuits and litigation, blaming them for driving up costs for businesses and governments. But this year, Florida Republicans are turning to trial lawyers, one of their historic foes, to help enforce their agenda. GOP legislators are advancing legislation that would allow Floridians to sue Big Tech companies over data privacy, sue primary schools that teach about gender identity or sexual orientation and sue cities for passing ordinances that damage their businesses.

The expanded use of lawsuits to enforce Republicans’ agenda is a shift for the party, and it has business groups concerned. “There’s a populist strain of Republicans who have allied with supportive trial lawyers, and they’re working to create a slew of opportunities for social grievance lawsuits,” said William Large, president of the Florida Justice Reform Institute, a tort reform advocacy group.

“It’s a troubling trend,” he added.

Gov. Ron DeSantis has been one of the primary drivers behind the philosophical shift. Last year, he pushed the Legislature to pass laws allowing Floridians to sue Big Tech companies if they’re censored and to sue schools for imposing mask or vaccine mandates.

He’s also supported the “don’t say gay” bill, which would allow parents to sue their school district if they believe their child’s school is teaching gender identity and sexual orientation in kindergarten through third grade. The bill has yet to pass.

And DeSantis proposed legislation moving through the House this year that would allow Floridians to sue technology companies for selling or sharing user data without consent. The Senate has yet to take it up.

That bill is strongly opposed by the Florida Chamber of Commerce and other business groups, which are some of the largest donors to GOP lawmakers and routinely complain about the amount of litigation in Florida’s courts.

The chamber said Florida already ranks among the most litigious states and that the legal climate hurts local business.

“Any increased frivolous litigation against these local businesses would only further impact Florida’s competitiveness,” Florida Chamber of Commerce President and CEO Mark Wilson said in a statement.

Historically, Republicans have been against expanded litigation and in favor of tort reform. Trial lawyers, who are a powerful lobbying group, have usually found more support from Democrats.

That has changed both nationally and in Florida. In Congress between 2015 and 2018, Republicans were just as likely as Democrats to support legislation that creates individual rights enforceable by private lawsuits, according to a 2021 study by professors at the University of Pennsylvania and University of California at Berkeley entitled, “A New (Republican) Litigation State?”

In a January op-ed in the Wall Street Journal, the head of the American Tort Reform Association criticized legislation allowing employees to sue their employers over vaccine mandates, titling it, “Conservatives for Abusive Lawsuits.”

IT’S A NATIONAL TREND

Like Florida, Republican-controlled state legislatures across the country have introduced or passed laws allowing employers to sue over vaccine mandates and students and parents to sue over mask mandates. Texas lawmakers last year “deputized” citizens to sue abortion providers, a novel approach that amounted to a near-total ban on abortions.

The approach gets to the heart of Republican philosophy on increased regulation, which the party has traditionally opposed. Instead of having state agencies regulate behavior, Republicans are putting regulation in the hands of citizens.

“That’s the philosophical challenge: Do you regulate more? Or do you give access to your judicial system?” said Rep. Erin Grall, R-Vero Beach, a trial lawyer by trade who leads the House’s Judiciary Committee. “Is access to the courts critical? Of course I think it is, and is that better most days than over-regulation? I feel like ultimately it can be.”

The shift is a “sea change” for policy in Tallahassee, said Sen. Jeff Brandes, R-St. Petersburg, one of the only Republicans in the Legislature to argue against the trend.

The influence of the trial Bar has “dripped into everything,” he said, and it’s influenced the type of legislation lawmakers pass or refuse to pass. He cited last year’s decision to overhaul the state’s auto insurance laws without a study, a bill that was supported by trial lawyers but vetoed by DeSantis.

“Everybody feels harmed and wants to take action,” Brandes said. “And so the trial Bar says, ‘We’re happy to glean off of that perspective.’ Everybody wants to sue everybody for everything.”

TOUTING ‘ACCESS TO THE COURTS’

The Florida Justice Association, which represents trial lawyers, said the Legislature has consistently supported “a private market approach to accountability for wrongdoers.”

“The best way to ensure these free-market principles of responsibility and accountability is through access to the courts,” association President Tiffany Faddis said in a statement. “When a government or private business violates an individual’s rights, we must allow these victims [to] seek justice for the harm caused to them by pursuing causes of action.”

Since last year, the association and its political committees have donated nearly $400,000 to statewide or legislative candidates, all of it going to Republicans or political committees supporting Republicans.

Last year, lawmakers passed a law allowing people to sue telemarketers for receiving unsolicited scam calls and text messages. One California lawyer estimates that about 100 lawsuits against telemarketers have since been filed in Florida.

This year, the scope of bills allowing more lawsuits has startled business groups.

After the accrediting body for the state university system raised questions about a recent Florida State University presidential search and “undue political influence” at the University of Florida, lawmakers proposed allowing institutions to sue their accrediting agency for “retaliatory action.”

In the Senate’s proposed budget, Senate President Wilton Simpson, R-Trilby, included language requiring school districts and some private employers who receive state money to pay employees a minimum of $15 per hour — or face lawsuits by those employees. (He’s also proposing spending $1 billion to help employers afford the increase.)

Meanwhile, the Legislature has been working to raise the caps on “sovereign immunity” — the amount that local governments and agencies can pay out in a settlement without needing legislative approval. The amount would be raised from $200,000 to $400,000 per person, and some Republican lawmakers said this week that it should be higher.

Such a proposal would have had no chance of passing just a few years ago, when lawmakers were resistant to approving such settlements. Part of the shift, observers say, is that the Legislature has been dominated by lawyers in recent years — four of the last six Senate presidents and House speakers have been lawyers.

“I often say that for too many legislators, the definition of a frivolous lawsuit is one that doesn’t involve me or my family,” said Sen. Gary Farmer, D-Lighthouse Point, a trial lawyer by trade. “Your perspective sure changes when you have firsthand experience.”

Miami Herald staff writers Ana Ceballos and Mary Ellen Klas contributed to this report. This story was originally published March 2, 2022 6:21 PM.

Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article258978843.html#storylink=cpy 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2022-03-02 15:53:292024-12-11 17:54:31Once foes, Florida Republicans, trial lawyers find conservative agenda is common ground
Florida Justice Reform Institute

Republican lawmaker’s bill would protect Florida abortion clinics from COVID liability

February 16, 2021/in Miami Herald

 

Miami Herald

Republican lawmaker’s bill would protect Florida abortion clinics from COVID liability

BY KIRBY WILSON
FEBRUARY 16, 2021 06:00 AM,

UPDATED FEBRUARY 16, 2021 03:26 PM

Brandes Republican Florida Sen. Jeff Brandes FILE PHOTO

Republican lawmakers don’t typically like to say abortion services are health care. In fact, in 2020, Republican U.S. Sens. Marco Rubio and Rick Scott were co-sponsors of the “Abortion Is Not Health Care Act.”

But a new bill making its way through the Florida Legislature, Senate Bill 74, would provide greater liability protection to health care providers in COVID-19 related lawsuits, including abortion clinics. Sen. Jeff Brandes, R-St. Petersburg, the author of the bill, said this is not a political statement: Clinics are regulated by the state under the same statute as other health care centers.

Some abortion rights advocates are noting the irony of Republican-led legislation apparently admitting what they have long contended.

“We do believe that abortion rights are health care rights,” said Barbara DeVane of the Florida chapter of the National Organization for Women at a news conference Monday. “What a bunch of hypocrites in the Capitol, the Republican legislators that say they are anti-abortion, and yet these clinics are on the list.”

The GOP is indeed strongly anti-abortion. The state Legislature last year passed a bill requiring a doctor to get parental consent before terminating the pregnancy of a minor. Despite the objections of abortion rights advocates, Gov. Ron DeSantis signed that bill — one of his top legislative priorities — into law.

So it’s noteworthy that one of Republican leaders’ signature pieces of legislation in 2021 would ensure that abortion clinics are protected from frivolous COVID-19 related lawsuits.

Brandes downplayed the role of abortion clinics in the bill. The senator noted that even if the clinics weren’t listed as health care providers, they would be covered under another bill Brandes is proposing, SB 72. That legislation would give other businesses additional legal protection from COVID-19 related liability.

“It’s just where they fell in the statute,” Brandes said of abortion providers.

There hasn’t been any talk among Republicans about removing abortion clinics’ liability protections from the bill, Brandes added. The bill cleared its first Senate committee last week after nearly two hours of discussion and a party-line vote.

When asked about the protections for abortion clinics at a news conference Monday, DeSantis said he hadn’t seen the bill. House Speaker Chris Sprowls, R-Palm Harbor, referred the question back to Brandes.

“Abortion is health care and it absolutely should be included in any effort by the Legislature to define who are the front-line health care workers,” said Rep. Anna Eskamani, D-Orlando. Until 2018, Eskamani was the senior director for Planned Parenthood of Southwest and Central Florida.

Thirty-four states have enacted liability protections for businesses or health care providers, according to the American Tort Reform Association, which supports such protections.

Attorney William Large, the president of the Florida Justice Reform Institute, found that at least nine COVID-19 related lawsuits have already been filed against health care providers in Florida. None of those lawsuits involved abortion providers. (If it becomes law, SB 74 would apply retroactively. However, companies that are sued before the bill is signed into law would not have additional legal protection.)

Opponents of Brandes’ bill have argued that with so few documented lawsuits against health care providers, the extra liability protections are at best unnecessary. At worst, they shield abusive actors that showed little regard for people’s safety during a pandemic.

“The same government that gave little to no direction, that forced the economic reopening of the state outside the (Centers for Disease Control and Prevention) guidelines, is asking for a blank check for business owners,” said Rich Templin, the public policy director for the Florida AFL-CIO.

However, Large, who leads an organization backed by the pro-business Florida Chamber of Commerce, said in an interview that his list of lawsuits is far from comprehensive.

“There’s not like a centralized database that you could Google to say, ‘Hey, spit out all the COVID-19 lawsuits,’ ” Large said.

It remains to be seen whether health care providers will face a rash of lawsuits. But if those lawsuits come and Brandes’ bill as written is signed into law, abortion providers would be covered.

That fact alone isn’t swaying many of the state’s progressive lawmakers.

“I have concerns about the liability legislation as a whole, no matter who’s listed,” Eskamani said.

Contact Kirby Wilson at [email protected]. Follow @kirbywtweets

https://www.miamiherald.com/news/politics-government/article249272930.html 

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Florida Justice Reform Institute

Legislators fast-track plan to limit business liability in COVID lawsuits

January 14, 2021/in Miami Herald

 

Miami Herald

Legislators fast-track plan to limit business liability in COVID lawsuits

BY MARY ELLEN KLAS HERALD/TIMES TALLAHASSEE BUREAU
JANUARY 14, 2021 02:57 PM, UPDATED 44 MINUTES AGO

Downtown Miami

The Upscale retail and art district opened for business on Wednesday, COVID-19 precautions in hand.
BY COURTSEY: Miami Design District – David Santiago

TALLAHASSEE

In response to businesses, schools, churches and healthcare providers that worry they could be sued for legal liability for exposing people to COVID-19, Florida legislators are fast-tracking a measure to do what they know best: limit lawsuits.

Meeting for the first time since the onslaught of the pandemic, the House Subcommittee on Civil Justice and Property Rights approved HB 7 along party lines on Wednesday. It will establish new barriers to lawsuits related to COVID-19. An identical bill is pending in the Senate for considering during the 2021 legislative session, which will start March 2.

A second measure that would shield nursing homes, hospitals and other healthcare providers by raising the standard for COVID-19 liability is being drafted by the House Health and Human Services Committee, which held a workshop on the issue Thursday.

But it’s unclear what the need for the measure is, and several lawmakers are calling for more immediate measures to help businesses address their financial woes.

Rep. Lawrence McClure, a Dover Republican who is sponsoring HB 7, admitted there were “fewer than 10” lawsuits that have been filed in Florida with claims related to COVID-19. But he said the bill was necessary “to reduce the threat of potential civil liability.” Other estimates of the number of COVID-related lawsuits are higher.

“This bill is intended to give clarity to Florida businesses that if they are making a good faith effort to comply with regulations, they will not have the cloud of potential frivolous litigation hanging over their head,’’ McClure said. “It’s the fear of frivolous lawsuits as this evolves.”

Opponents, which include consumer advocates, unions for healthcare workers, and plaintiffs lawyers, argued that the bill raises the standard of gross negligence and raises the burden of proof so high that it will make it almost impossible for anyone who accuses an employer or business for endangering them.

Sen. Gary Farmer, the Senate Democratic leader from Fort Lauderdale who is a trial lawyer, said there is no need for the legislation because the threshold for proving someone got COVID-19 from exposure to a business or a place of employment is already so high that few lawyers are willing to take the cases.

To win a case, a plaintiff must show that the defendant “breached the duty” to follow the established standards to protect customers or employees, and also prove they caught COVID-19 at that establishment, he said.

But because of the community prevalence of the virus “you’re never going to be able to prove that you caught COVID that any particular place,’’ Farmer said.

BURDEN OF PROOF IS ON DOCTORS

HB 7 puts the burden of filing a lawsuit almost entirely on the word of a physician who must attest “to the physician’s belief, within a reasonable degree of medical certainty, that the plaintiff’s COVID-19-related damages, injury, or death occurred as a result of the defendant’s acts or omissions,’’ the bill states.

A judge would then determine whether the business “made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance at the time the cause of action accrued.”

Curry G. Pajcic of the Florida Justice Association, which represents plaintiffs lawyers, told the House Civil Justice Committee that the bill is unconstitutional because it “makes the judge the jury” and uses “impossibly high standards that no one can meet.”

Rep. Ben Diamond, a St. Petersburg Democrat, attempted to amend the bill to clarify how and when a physician’s affidavit would be used. The committee rejected the attempts along a party-line vote.

The measure is a top priority of the state’s influential restaurant, lodging and entertainment industry. A 40-member industry task force that included representatives of restaurants, hotels, nursing homes, retailers, home builders and insurers met over the summer and concluded the higher standards were needed.

William Large, president of the Florida Justice Reform Institute, told the committee that he found 53 lawsuits have been filed against nursing homes by staff, patients and their families, cruise lines by passengers and crews, tour companies by customers in refund disputes and a host of workplace clashes tied to the coronavirus.

He argued that if Florida raises its litigation standards for COVID-19 liability it would join 16 states that have raised the standard of care in medical liability cases and 17 states that have addressed exposure liability.

The coalition had TaxWatch, the business-backed research organization, to draft a report that concluded that because of the threat of lawsuits employers could lose confidence in the economy and the state could lose billions in business activity and thousands of jobs.

Hundreds of lawsuits have been filed related to COVID-19 in Florida, according to a COVID-19 complaint tracking site created by the law firm Hunton Andrews Kurth. Few of the cases relate to liability because of exposure to COVID-19, and the majority are a result of businesses suing their insurer for refusing to cover their business interruption insurance.

Samantha Padgett, general counsel for the Florida Restaurant & Lodging Association, said the legislation was necessary to put their industry “in a better position than they are in now.”

She spoke of unclear regulations and confusion “trying to adhere to conflicting regulations.” She made no mention of pending lawsuits or liability.

WHAT ABOUT SMALL BUSINESSES?

Democrats argued that legislators could do more to help small businesses by drafting bills to address concerns they said were more immediate, such as meeting their loan and rent obligations or creating bridge loans to keep them in business.

“What really frustrates me is that we have all these very real small-business challenges and no one’s saying this is one of them,’’ said Rep. Anna Eskamani, an Orlando Democrat. “The biggest phone calls I get are around, ‘I need rent relief, and I need my unemployment,’ and nothing comes to me about this issue.”

Rep. Michael Gottlieb, a Davie Democrat, urged the House to narrow the focus of the bill.

“We’ve got bad actors that are lawyers, there’s no doubt about that,’’ he said. “Why are we not having a bill that punishes the bad actors for filing frivolous lawsuits? And I think that’s a better solution to the problem that we have.”

Lakey Love of the Florida Policy Action Network said she represented working-class people and indicated she was concerned the bill would put workers at higher risk if employers were shielded from protecting them.

A SEPARATE BILL FOR HEALTHCARE PROVIDERS

The House Health and Human Services Committee also plans to draft legislation to give healthcare providers, including nursing homes, protection from lawsuits.

Mel Beal, CEO of Airamid Health Services, which represents 40 skilled nursing facilities and three assisted-living facilities across Florida, said that the absence of guidance from the state and federal authorities, as well as conflicting guidance about handling COVID-19, increased the exposure of businesses.

“The threat of litigation against long-term care professionals is not theoretical, it’s real, and it’s ongoing,’’ he said. He said relief was needed to protect against the expense of “sue to settle” threats in which attorneys demand information as a precursor to a lawsuit to force potential defendants to settle without going to court.

But Sam Brooks, project manager for the National Consumer Voice for Quality Long-Term Care, national consumer advocacy organization long-term care, said that most cases that are emerging are when nursing homes “fail to provide basic care” and residents and their families seek more information.

“In many situations, the courts may be the only potential source of justice for residents who were harmed,’’ he said. “Removing acess to the court could be devastating and perpetuate harm to residents” and “make workers less safe by allowing participants to deteriorate inside a facility.”

But Thomas S. Edwards, Jr, a Jacksonville trial lawyer at a workshop before the House Health and Human Services Committee on Thursday called the measure “a solution in search of a problem.”

He said he has reviewed the cases filed so far and only six are from exposure to COVID.

He argued that if a healthcare facility “was not following the most basic standards or practices that have been in place for years, then they may get sued.” But because there are “fluctuating standards” and they’re following basic standards of care, “then they’re going to have protection from the standpoint of being sued.”

Beal said relief was needed to protect against the expense of “sue to settle” threats in which attorneys demand information as a precursor to a lawsuit to force potential defendants to settle without going to court.

A similar effort to expand COVID-19 liability protections for businesses was attempted in Congress, but Senate Majority Leader Mitch McConnell tried and failed to get a measure included in the stimulus plan that passed in December.

Herald/Times Tallahassee Bureau reporter Lawrence Mower contributed to this report.

Mary Ellen Klas can be reached at [email protected] and @MaryEllenKlas

https://www.miamiherald.com/news/politics-government/state-politics/article248500950.html  

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Florida Supreme Court delivers the ‘Holy Grail of lawsuit reform’ in Thursday ruling

December 31, 2020/in Miami Herald

 

Miami Herald

Florida Supreme Court delivers the ‘Holy Grail of lawsuit reform’ in Thursday ruling

BY JIM SAUNDERS NEWS SERVICE OF FLORIDA
DECEMBER 31, 2020 06:01 PM, UPDATED JANUARY 01, 2021 06:15 AM

Gavel

The Florida Supreme Court on Thursday revamped a key legal standard as its
conservative majority continued to show a willingness to undo previous
decisions that have guided the state’s courts. GETTY IMAGES 

TALLAHASSEE

The Florida Supreme Court on Thursday revamped a key legal standard as its conservative majority continued to show a willingness to undo previous decisions that have guided the state’s courts.

Justices, in a 6-1 ruling, decided to scrap a state standard for determining whether lower-court judges should grant summary judgment in civil lawsuits. The Supreme Court said Florida should align with a federal summary-judgment standard — an approach backed by business groups that have pushed for ways to cut down on litigation.

“This is the Holy Grail of lawsuit reform in Florida,” William Large, president of the business-backed Florida Justice Reform Institute, said in a prepared statement after the Supreme Court issued the ruling

Summary judgment generally involves judges being able to decide lawsuits before they go to jury trials. The issue in Thursday’s ruling dealt with the standards that judges should use in determining whether to grant summary judgment.

Justice Jorge Labarga, in a dissenting opinion, wrote that the change “discards long-settled law” in Florida and will lead to judges applying a less-restrictive federal standard in making decisions about summary judgment. The ruling, he said, “infringes upon the jury’s sacred role” in deciding lawsuits.

“The moving party’s intent in filing a motion for summary judgment is to dispose of a litigant’s claim on the basis that no genuine issue of material fact exists. For decades, Florida courts have been judicious in granting summary judgment because, as observed by one of our district courts, ‘a motion for summary judgment is not a substitute for a trial on the merits,’” Labarga wrote. “However, when the more relaxed federal interpretation is applied to a motion for summary judgment, the trial court’s analysis goes far beyond evaluating whether an issue of material fact is in dispute. Instead, the trial court assumes a role traditionally reserved for a jury and engages in weighing evidence.”

But the court’s majority said that in making the change, “we reaffirm the bedrock principle that summary judgment is not a substitute for the trial of disputed fact issues.”

“Our goals are simply to improve the fairness and efficiency of Florida’s civil justice system, to relieve parties from the expense and burdens of meritless litigation, and to save the work of juries for cases where there are real factual disputes that need resolution,” said the opinion shared by Chief Justice Charles Canady and Justices Ricky Polston, Alan Lawson, Carlos Muñiz, John Couriel and Jamie Grosshans.

Thursday’s opinion was one in a series of rulings that have reflected a major philosophical shift on the Supreme Court since January 2019, when longtime Justices Barbara Pariente, R. Fred Lewis and Peggy Quince stepped down because of a mandatory retirement age.

Pariente, Lewis and Quince had been part of a relatively liberal majority that long frustrated state Republican leaders and business groups. Their retirements opened the door to Republican Gov. Ron DeSantis appointing replacements who have created a solid conservative majority.

Other examples of the philosophical shift include the court scrapping a longstanding legal requirement of reviewing death sentences to determine if they are “disproportionate” punishment; ruling that unanimous jury recommendations are not necessary before death sentences can be imposed; and tossing out a decades-old standard about circumstantial evidence in criminal cases.

Thursday’s opinion on the summary-judgment standard will change a rule for the state courts system and will take effect May 1. It came after justices asked attorneys in an Osceola County fatal traffic-accident case to submit briefs about whether the summary-judgment standard should be changed.

After opening up the issue, the Supreme Court received numerous friend-of-the court briefs, with business groups such as the Florida Chamber of Commerce, the U.S. Chamber of Commerce, Associated Industries of Florida and the Florida Health Care Association backing a change to the federal standard.

“As frequently named defendants in Florida lawsuits, the members of the U.S. Chamber and Florida Chamber have struggled with the inequity and inefficacy of Florida’s summary judgment standard,” lawyers for the chamber groups wrote in a joint brief in December 2019. “Since it was first announced 53 years ago … Florida’s standard has prevented the resolution of both meritless and meritorious litigation prior to lengthy and expensive trials, needlessly increasing costs for Florida’s business industry and consumers.”

But groups representing plaintiffs’ attorneys raised concerns about changing the standard and suggested the issue be sent to a rules committee to take input.

“The issues before this (Supreme) Court are of upmost importance to the members of our organizations, who advocate for their clients to have the right to jury trial preserved in all cases, such that this right should only be taken away in the pre-trial process after having a full and fair opportunity to oppose motions for summary judgment,” the Florida Justice Association and the American Association for Justice wrote in a joint brief in June.

https://www.miamiherald.com/article248209085.html

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Florida Justice Reform Institute

Healthcare groups ask Florida governor for legal immunity during COVID-19 pandemic

April 23, 2020/in Miami Herald

 

Miami Herald

Healthcare groups ask Florida governor for legal immunity during COVID-19 pandemic

BY CHRISTINE SEXTON NEWS SERVICE OF FLORIDA

APRIL 23, 2020 04:59 PM, UPDATED APRIL 23, 2020 07:12 PM

As Gov. Ron DeSantis looks to open the state back up, he is being pushed by healthcare providers to shield them from lawsuits stemming from the delivery of care during the COVID-19 pandemic.

The state’s largest physician, hospital and nursing-home associations are asking DeSantis to issue executive orders that would protect their members from lawsuits because of actions that occurred — or didn’t occur — during the crisis. Several groups even provided a fully worded proposal to the governor this week.

DeSantis has remained silent on whether he will follow the lead of other governors who have provided immunity to healthcare providers. The governor’s office did not answer questions about the requests.

The Florida Hospital Association and other groups sent a letter Wednesday to DeSantis that voiced worries about potential lawsuits against frontline workers. Among the groups signing onto the letter were the Florida Nurses Association, the Florida Society of Anesthesiologists, the Florida Nurse Practitioners Network, the Florida Chamber of Commerce and Associated Industries of Florida.

“While the battle rages, it is unfortunate, but necessary, that steps be taken to avoid another crisis — a proliferation of inappropriate and unwarranted lawsuits,” the letter said. “In the future, after the current awareness of the incessant harsh realities confronting patients and providers has faded, there may be some who would seek to take advantage of the COVID-19 crisis by suing providers based on applications of standards of care that would fail to account for the special challenges presented by a devastating pandemic.”

The Florida Medical Association, the Florida Osteopathic Medical Association and the Florida Justice Reform Institute last month were the first organizations to formally request protections from medical-malpractice lawsuits for care provided during the COVID-19 crisis.

“An executive order is important to send a message to physicians that the state of Florida backs them and respects what they are doing [and] agrees that they should not be sued in the future for any liability issues … for the handling of the COVID-19 crisis,” said William Large, president of the Florida Justice Reform Institute, which is backed by business groups and lobbies for lawsuit restrictions.

SEEKING SOVEREIGN IMMUNITY FOR DOCTORS

Signed by Large, Florida Medical Association President Ronald Giffler and Florida Osteopathic Medical Association President Eric Goldsmith, a March 26 letter recommended that DeSantis issue an executive order that would limit liability; provide sovereign immunity protections for doctors who were complying with a DeSantis emergency order that shut down optional healthcare services; or amend sections of the state’s so-called “Good Samaritan Act” so it would apply to physicians working during the pandemic.

Nursing homes, meanwhile, are seeking protections from cases that can be filed against them for violating nursing-home residents’ rights. The Florida Health Care Association sent a letter to DeSantis on April 3 asking for immunity from civil and criminal liability for “any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services” during the pandemic.

Spokeswoman Kristen Knapp said the nursing home association has not received a response. DeSantis told reporters last week that, “I think it’s under review. I haven’t made any decisions yet and we’ll look.”

The request remains pending as the number of COVID-19 cases at nursing homes and other long-term care facilities continues to climb. As of Thursday morning, 2,386 COVID-19 cases had been reported involving residents or staff members at 335 long-term care facilities across the state. Those cases had a more than 10% mortality rate.

AHCA SAYS COVID-19 EXCEEDS NORMAL SCENARIOS

Agency for Health Care Administration Secretary Mary Mayhew said the state has made “monumental efforts” to help the long-term care industry respond to the virus. Mayhew said last week that the infection prevention and control needed to combat the virus “frankly exceeded the level of infection prevention typically associated with our nursing homes and assisted living facilities.”

The state last week also suspended the licenses of two nursing-home administrators in Jefferson County because of alleged deficient care.

Any attempt to shield nursing homes and other providers from lawsuits, however, likely will face fierce opposition from groups such as plaintiffs’ attorneys. Jacksonville attorney Steve Watrel said now is not the time to grant broad immunity.

“The court system exists for a reason,” Watrel said. “The court system exists to ferret out meritorious from non-meritorious claims. And broad brushes of immunity are not only not appropriate right now but would lead to an increase of injury and death. Because, unfortunately, the reality of human nature is, without the threat of accountability, responsibility dwindles.”

Knapp said nursing homes have been receiving “conflicting guidance from federal, state and local government entities” and that COVID-19 has required facilities to take actions they ordinarily would not take. For instance, Knapps said homes in Broward County are being told by local health department officials to keep residents in their rooms with doors closed, which would “be a violation of health care standards on a normal day.”

“In the midst of this unprecedented crisis, long term caregivers should be able to direct their skills and attention to helping individuals who need them, and not have to worry about being sued for making these types of tough decisions while trying to comply with government directives,” she said in a statement to The News Service of Florida.

ACTIONS IN OTHER STATES

Some other states have provided legal protections for care provided during the pandemic. For example, governors in Arkansas, Arizona, Connecticut, Illinois, Kentucky, Massachusetts, New Hampshire, Nevada, New York, Vermont and Wisconsin have issued orders protecting physicians from lawsuits, according to the American Medical Association.

Knapp said governors in Arkansas, Arizona, Connecticut, Georgia, Hawaii, Illinois, Michigan, New Jersey, New York, Rhode Island and Wisconsin issued executive orders limiting lawsuits against nursing homes. Also, lawmakers in New York, New Jersey and Kentucky passed legislation, she said

But shielding doctors, hospitals and nursing homes from lawsuits has long been a controversial issue in Florida, and it flared up again in recent years.

Interest in medical-malpractice protections was refueled by Florida Supreme Court rulings in 2014 and 2017 that struck down limits on non-economic damages in malpractice lawsuits.

The state House considered a far-reaching malpractice bill in 2019 that would have addressed the court rulings. But the proposal cleared only one panel in the House and never was considered by the Senate.

Jacksonville attorney Chris Nuland, who lobbies for physician groups, said other issues, such as expanded practice authority for pharmacists and advanced practice registered nurses, dominated his time during the 2020 session. Changes to the malpractice system were “out there on the scene, although no one really went after it this year,” he said.

Leading up to the pandemic, the state’s medical-malpractice insurance market was profitable and stable. Florida ranked fourth in the nation in terms of premiums written with roughly $562 million in 2018, according to a Florida Office of Insurance Regulation report.

Sixty-five percent of the premiums, the report shows, came from physicians’ policies. On average, the report noted, medical malpractice rates increased for physicians by 3.5%.

The last time the Legislature delved into nursing home lawsuits was 2014, when it agreed to pass legislation that prevented “passive” investors from being named as defendants in cases related to injuries suffered by nursing-home residents. The bill also made it harder to sue nursing homes for punitive damages, requiring courts to hold evidentiary hearings before residents could pursue punitive-damage claims.

https://www.miamiherald.com/news/health-care/article242239046.html

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Florida Justice Reform Institute

Will Florida Become the First State to Impose Term Limits on Justices?

February 9, 2017/in Miami Herald

 

The Miami Herald

Will Florida become the first state to impose term limits on justices?

Capitol Building

Posted by Miami Herald on Thursday, Feb. 9, 2017 at 4:44 PM – @MaryEllenKlas

Despite a torrent of criticism from both conservatives and liberal lawyers, a House committee on Thursday advanced a proposed constitutional amendment that would impose a 12-year term limit on Florida Supreme Court justices and appeal court judges who now can serve until retirement age.

The idea is a top priority of House Speaker Richard Corcoran, R-Land O’Lakes, who accuses the Florida Supreme Court of repeatedly “writing whole cloth law” in violation of the separation of powers. If the measure is placed on the November 2018 ballot, it would need 60 percent of the vote to become law. No other state has such steep limits on its highest courts, although Colorado, Mississippi and Nevada have proposed judicial term limits at the appellate level and voters have rejected it .

The House Civil Justice and Claims Subcommittee voted 8-7, for HJR1, by Rep. Jennifer Sullivan, R-Mount Dora. The measure would not apply to judges currently in office but take effect beginning with anyone who is appointed to the appellate courts beginning in 2019.

Under current law, justices and appeals court judges can serve until they reach the retirement age of 70, but must face voters in an up-or-down merit retention election every six years. Sullivan argued that since no justice or judge has been turned out of office in the last 40 years, the system has not worked as intended.

“An accountability system that does not hold people accountable is not truly accountable,” she said. “This bill seeks to correct that and give the people of Florida another opportunity to implement the accountability they originally intended to place upon our judicial branch of government.”

The Florida Supreme Court, however, does have the power to discipline judges and the Judicial Qualifications Commission recommends who to discipline and remove. Most of the appellate judges that have faced sanctions in the last two decades have resigned before being reprimanded, according to a 2015 report by legislative auditors.

The proposed amendment is opposed by the Florida Bar, former court justices and legal scholars and, this year, the conservative Florida Justice Reform Institute, a judicial advocacy organization that has been on the losing side of many Florida Supreme Court rulings, also voiced its opposition to the bill.

William Large, director of the group, said his organization opposes the bill because it will diminish the quality of applicants who serve on the bench and erode public confidence in the judiciary.

“We want judges that are knowledgeable, experienced, diligent and who are texturalists and originalists – and judges who can say what the law is, not what it should be’’ Large told the committee.

The existing appointment process is working, he said, because many talent young judges are being appointed to the bench with those characteristics but, if the amendment is passed, few judges will leave a stable law practice to serve on the bench for 12 years because it will be more difficult to return into private practice when their terms are up, he said.

“It will insure that the best and brightest rarely, if ever, apply,’’ Large said.

Jeff Kottkamp, who has served in all three branches as former lieutenant governor, state representative and clerk for two federal judges, told the committee that the federal system gives judges life terms to insure their independence from the whims of political and economic pressures.

“Our founding fathers believed deeply in the independence of the judiciary, making sure that we protected our judges from the winds of change, from politics and from worrying about making an unpopular decision,’’ he said. But if the composition of the appellate courts turn over every decade, it will lead to less settled and consistent law and more conflicting opinions.

Large said that the measure could also lead to the same revolving door problems that term limits have created with legislators — who often serve their eight-year term, win promises from lobbyists whose issues they vote on, and return as high paid lobbyists.

“It is going to prevent good people from ever applying and what we are going to see is people, who don’t need to return to private pracitce such as government attorneys, will make a lateral move out of the appeals judgeship and go back into government practice,’’ he said after the meeting. “Is that what we want?”

Warren Husband, lobbyist for the Florida Bar which opposes the proposal, said that one third of all appellate judges rotated off the bench in the last four years without term limits but, if justices are forced off the bench it will make is more difficult for many of them to return to the practice of law if they are late in their career.

“You wouldn’t want to apply to be a judge if you were [age] 54,’’ Husband said. “You would lose half of the district court of appeals applicants on age alone.”

Rep. Sean Shaw, R-Tampa, whose father was Supreme Court Justice Leander Shaw served for 22 years on the bench, said he opposes the bill because it is a threat to judicial independence.

“I’m still not certain that there is a problem that we are addressing,’’ he said. “If you do not agree with certain decision of the Florida Supreme Court or appellate court, good, that means that separation of powers is working.”

He said he was particularly concerned about what impact more rotation on the courts would mean to death penalty cases which, he said, are complex and require deep knowledge of the law.

This is the second time in two years the bill has been advanced in the House, but faces no companion measure in the Senate.

Voting for the bill were Reps. Daniel Burgess, R-Zephyrhills, Colleen Burton, R-Lakeland, Cord Byrd, R-Neptune Beach, Erin Grall, R-Vero Beach, Shawn Harrison, R-Tampa, Jackie Toledo, R-Tampa, Frank White, R-Pensacola, Heather Fitzenhagen, R-Fort Myers.

Voting against the bill were Reps. John Cortes, D-Kissimmee, Ben Diamond, D-St. Petersburg, Jay Fant, R-Jacksonville, George Moraitis, R-Fort Lauderdale, Sean Shaw, D-Tampa, Cynthia Stafford, D-Miami, Barbara Watson, D-Miami Gardens.

See Full Article

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Florida Justice Reform Institute

Legislative Special Interests Fill Senate President Mike Haridopolos’ Campaign Coffers in U.S. Senate Race

May 12, 2011/in Miami Herald

 

The Miami Herald

 Posted on Thu, May. 12, 2011

Legislative special interests fill Senate President Mike Haridopolos’ campaign coffers in U.S. Senate race

By MARC CAPUTO

Herald/Times Tallahassee Bureau

Whether it’s trial lawyers vs. the business community or workers comp doctors weighing in on pill mills, some of the biggest battles of the lawmaking session left their mark – and money — on the U.S. Senate campaign of Florida Senate President Mike Haridopolos.

An analysis of the $2.5 million Haridopolos raised in the first quarter of 2011 shows how the Republican received his biggest chunks of money from the special interests who wanted something out of the 60-day legislative session.

The city with the most generous Haridopolos donors: Tallahassee, the state capital, where lawyers, consultants, lobbyists and business people contributed $194,335. Miami donors contributed the second highest-amount: $140,010.

Haridopolos said earlier in session that contributions wouldn’t sway him.

“They’re buying into my agenda,” the Republican said in March. “I’m not buying into theirs.”

Haridopolos’ spokesman, Tim Baker, pointed out that Democratic U.S. Sen. Bill Nelson has long been a recipient of a who’s-who of special interests in the U.S. Capitol. Nelson raised almost $1.6 million in the first three months of the year.

Heading into the session, former Senate President Tom Lee, said Haridopolos’ desire for higher office would cause him political complications, but the position is “sure good for fundraising” because it’s one of the two most powerful positions in the Florida Legislature.

Legislators are banned from raising money during session because of the appearance that lawmakers are trading favors for contributions. The exception to the session fundraising ban: lawmakers running for federal office.

Haridopolos said the session was a success because lawmakers cut spending and reduced taxes. Long a proponent of limiting lawsuits, Haridopolos presided over a Senate that passed the most tort-reform measures since 2003.

Trial lawyers, playing defense, poured money into Haridopolos’ campaign. Morgan & Morgan employees and their relatives contributed the most to Haridopolos’ campaign – almost $77,000 — than those who work for any other company.

Because the Senate watered down some lawsuit limits, some privately grumbled that the Morgan & Morgan money made a difference.

But William Large, who heads the Florida Justice Reform Institute, said that’s not the case because “Haridopolos did the best he could do with the Senate he had.”

“There are a lot of people who see a leader, such as Senate president, who can control the agenda and they make campaign contributions in the hope of controlling that agenda,” Large said, “But at the end of the day, it didn’t make much of the difference.”

Large said the Legislature got a “B plus” for making it tougher for trial lawyers to sue businesses. The Florida Medical Association, though, said the session was an “A” for the medical-malpractice limitations that ultimately cleared the House and Senate.

John Morgan, head of Morgan & Morgan, couldn’t be reached for comment. Steve Schale, a spokesman for the trial-lawyers lobby, says the Florida Justice Association doesn’t participate in federal elections. He said trial lawyers were beat up this session “but it could have been worse.”

Two bills that passed shielded teaching hospitals run by Shands Health Care system and the University of Miami from lawsuits. Doctors and a few employees of UM, which has sought sovereign-immunity protection for about a decade, contributed about $16,350 to Haridopolos, though Shands officials didn’t appear to contribute.

Employees of one influential health care company, Miramar-based Automated Healthcare Solutions, accounted for $55,200, the second-highest amount of contributions to Haridopolos.

With Haridopolos’ backing, the firm was active in pushing a bill tightening reporting requirements for a prescription-drug monitoring database. The firm, along with Haridopolos, also unsuccessfully fought a provision restricting many doctors from dispensing painkillers in their offices. Automated Healthcare Solutions makes software used primarily by workers comp doctors who dispense drugs in house.

In a sign of how important health care is in a state that will spend $29 billion in its health and human services budget, doctors, health insurers, clinics and chiropractors contributed the most of any industry to Haridopolos: about $432,000. Those in real-estate, development and building contributed the second highest amount — about $402,000 — followed by lawyers ($381,000), and lobbyists and consultants ($268,000).

Of the lobbying firms that contributed the most to Haridopolos, Pennington Moore & Dunbar was first, with $31,550, followed by Ron Book P.A ($21,900) and Smith & Ballard ($19,600) — the 10th largest contributor who lobbied for four of the top 10 Haridopolos donors.

Not every contributor wanted something out of Haridopolos during session. Former Arkansas Gov. Mike Huckabee and his wife contributed $4,800 last quarter to Haridopolos, who supported Huckabee in his 2008 presidential bid. Huckabee formally endorsed Haridopolos on Thursday.

Haridopolos was also able to vote against and appease one industry simultaneously: the agricultural lobby, which ponied up $81,800 and successfully fought a provision of an immigration bill that required employers to use the e-Verify federal system to check whether a worker had the proper documentation for employment. The measure failed in the Senate, but Haridopolos voted for it.

Robert Coker, a vice president for U.S. Sugar, actively lobbied against e-Verify but contributed to Haridopolos. “He has been a good friend and a good advocate for business,” Coker said.

One Republican primary opponent, former state House Republican leader Adam Hasner, criticized Haridopolos for failing to pass the e-Verify check.

Haridopolos faulted the House for not taking up the immigration bill that ultimately passed the Senate and said it didn’t matter if he lost the e-Verify vote.

“Sometimes I win and sometimes I don’t,” he said, “But I’m someone who’s never afraid to take on a tough fight.”

 See Full Article 

Herald/Times staff writer Adam C. Smith contributed to this report

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Florida Justice Reform Institute

Senate Committee Splits from House on Court Reform Bill

April 26, 2011/in Miami Herald

The Florida Bar will retain its power to select members of judicial nominating commissions thanks to a late-filed amendment during a committee meeting Tuesday.

Sen. Joe Negron, R-Palm City, filed a handwritten amendment during the Senate Rules Committee that restored the Bar’s influence of nominees to those commissions after protest from some senators and lawyers this week. The original bill would have given that power to the Attorney General.

“I support looking at ways we can do a better job in appointing our judges,” he said. “But I think completely eliminating the Florida Bar as part of that is not appropriate.”

The amended version of SB 2170, sponsored by Sen. Anitere Flores, R-Miami, passed the Rules committee without any negative votes. Flores acknowledged the bill’s flaws on Monday but said she introduced it as a courtesy to House Speaker Dean Cannon. She was OK with Negron’s amendment.

Currently, the governor selects five members of the judicial nominating commissions and selects four people for the remaining seats based on recommendations from the Florida Bar’s Board of Governors. The Bar board sends three nominees for each position.

What the bill basically does now is terminate the terms of current members of judicial nominating commissions, and allow the governor to appoint new members for staggered terms.

Steve Metz, the Bar’s chief lobbyist, said there was no reason for taking lawyers out of the process. It would be different if governors complained about the lack of vetting of nominees, “but that has never happened,” he said.

The proposal would have politicized the nominating process for judges, he said. Sen. David Simmons, R-Altamonte Springs, said Monday that the Bar provides an “even hand” in judicial selection.

William Large, president of the Florida Justice Reform Institute, supported the original bill because it would have put an elected official in charge of nominees for those four seats, effectively providing for public input.

The full House has already passed its version of the bill, which reduces the size of the commissions to seven members and allows the governor to appoint all members to terms that run concurrently with the governor’s.

Negron said he had not yet contacted any House members to see if they supported the change. He hopes they will.

“I’ll start calling some,” he said.

Posted by Katie Sanders on Tuesday, Apr. 26, 2011 at 4:51 PM

See Full Article 

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Florida Justice Reform Institute

Business Groups Target Florida’s ‘Bad Faith’ Law

February 23, 2011/in Miami Herald

 

Naked Politics

Business groups target Florida’s ‘bad faith’ law

A business friendly trial-lawyer hating group (Associated Industries of Florida, the Florida Chamber of Commerce, the Florida Justice Reform Institute, and the U.S. Chamber of Commerce Institute for Legal Reform) have announced they’re going after Florida’s “bad faith” insurance laws to “protect Florida’s small business owners and consumers from the threat of lawsuit abuse.”

 “We formed this coalition to shine a spotlight on the games that are being played in Florida, and to craft policies that will provide solutions for consumers and businesses,” William W. Large, President of the Florida Justice Reform Institute said in a press release.

According to the press release from Large’s group Under Florida’s current law, in the case of an accident, an injured party might file a lawsuit against an insured business or individual—but the law also allows for a trial lawyer to then file a second lawsuit against the insurance company based on the way it handled the claim.  In fact, however, the lawyer has no interest in protecting the insured or settling for policy limits; he seeks a multi-million dollar recovery well above the limits of the insurance policy. As a result, cases that should settle quickly do not.

Trial lawyers say that Large and his business backers just want to limit citizen access to the courthouse, denying people their day in court.

There’s no bill. At least not yet.

Posted by Marc Caputo on Wednesday, Feb. 23, 2011 at 12:17 PM

http://miamiherald.typepad.com/nakedpolitics/2011/02/business-groups-target-floridas-bad-faith-law-.html

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