Orlando Political Observer – Florida Justice Reform Institute

What They Are Saying: Florida Leaders React to Governor Ron DeSantis’ Appointment of Barbara Lagoa to the Florida Supreme Court

BY ORLANDO POLITICAL ON JANUARY 10, 2019

Tallahassee, Fla. – Governor Ron DeSantis appointed Florida Third District Court of Appeals Judge Barbara Lagoa to the Florida Supreme Court, replacing retiring Justice R. Fred Lewis. Justice Lagoa is the first Cuban American woman in history to serve on the Florida Supreme Court. Here is what state leaders and stakeholders are saying:

“It’s an honor to join Governor DeSantis at the historic Freedom Tower, which has served as a beacon of hope for so many. I am excited that the Governor has appointed such an extraordinarily well qualified candidate to the Florida Supreme Court. Justice Barbara Lagoa embodies the work ethic and values of the South Florida community. She will be an outstanding jurist who will uphold our constitution and the rule of law.”

– Lieutenant Governor Jeanette Nuñez

“I appreciated the Governor’s comments during his inauguration yesterday in which he stressed the proper role of the judiciary, and I am confident today’s appointment of Justice Lagoa is in line with the standards the Governor laid out during his remarks. I share the Governor’s concern that in recent years the power of the judicial branch has extended beyond its limited constitutional responsibility, in many cases eroding the authority of the legislative branch. I believe democracy is at its best when each branch of government exercises both authority and restraint at the appropriate time. That concept was certainly at the heart of the many of the comments we heard from the Governor yesterday, and echoed again this morning with the appointment of Justice Lagoa. I offer my congratulations to Justice Lagoa and wish her well as she begins this exciting new role serving our state on the Florida Supreme Court. I also congratulate Governor DeSantis on his first Supreme Court appointment.”

– Florida Senate President Bill Galvano

“Governor DeSantis has begun his term with a judicial homerun. Justice Barbara Lagoa is eminently qualified to serve the state of Florida on the Supreme Court. Whether it was graduating from Columbia Law school, serving as an Assistant United States Attorney, or serving as a judge on the Third District Court of Appeal, Justice Lagoa’s commitment to this country and our Constitution should serve as an example for all Floridians. Today, one of Hialeah’s own sits on the Florida Supreme Court. And freedom is more secure because of it.”

– Florida House of Representatives Speaker Jose Oliva

“For the past 12 years, Judge Lagoa has served our community and judiciary as the first Cuban-American woman on the Third District Court of Appeal. CABA is very proud of all her accomplishments and her new role in the Florida Supreme Court. … As a fellow daughter of Cuban exiles, I am excited that Governor DeSantis made such a wise choice for the Florida Supreme Court. Judge Lagoa has always set a bright example for the legal community and has an impeccable record as a jurist.”

– Maria D. Garcia, President-Elect of the Cuban American Bar Association (CABA)

“Governor DeSantis’ appointment of Justice Lagoa as the 87th justice to the Florida Supreme Court is the first step towards fulfilling his promise to appoint judges who will interpret the law and not legislate from the bench. The Florida Justice Reform Institute, on behalf of the business community, has long called for judges who are textualists — who will say what the law is, and not what they think it should be — and who show deference to the Legislature as the rightful policymaking branch of government. Justice Lagoa brings these exact qualities and an impressive record to the Court at a critical time. The Florida Justice Reform Institute applauds Governor DeSantis’ on his wise and thoughtful choice that will have a profoundly positive impact on Florida for a long time.”

– William Large, President of the Florida Justice Reform Institute

http://orlando-politics.com/2019/01/10/what-they-are-saying-florida-leaders-react-to-governor-ron-desantis-appointment-of-barbara-lagoa-to-the-florida-supreme-court/

No-fault insurer prevails in attempted class action over Medicare reimbursement

Michael Moline – September 26, 2018

A state appeals court has rejected a class action filed by a Medicare Advantage organization seeking double reimbursements for its costs of providing care that should have been covered by a no-fault auto insurer.

In a unanimous ruling, the 3rd District Court of Appeal said such organizations would have to establish each claim separately against Ocean Harbor Casualty Insurance.

The court overruled Miami-Dade Circuit Judge Samantha Ruiz-Cohen, who had certified a class potentially including 37 Florida Medicare Advantage organizations, or MROs.

The lead plaintiff was an entity called MSPA, an assignee of the defunct MRO Florida Healthcare Plus Inc.

“Proof that certain medical bills paid by MSPA’s alleged assignor should have been paid by Ocean Harbor as a primary payer will not establish that other medical bills paid by a different MAO should also have been paid by Ocean Harbor as a primary payer,” Judge Thomas Logue wrote.

“To the contrary, proof to establish liability will necessarily devolve into a series of mini-trials under Florida no-fault law … which precludes a finding of predominance and renders this case inappropriate for class action treatment,” Logue wrote.

“Accordingly, we reverse the provisions of the certification order under review in conflict with this opinion.”

MAOs are private companies that contract with Medicare to provide coverage at a flat rate per enrollee. They profit to the degree they provide the required coverage for less than the flat rate.

The coverage is meant to be secondary to other, primary, coverage, including personal injury protection policies.

Miami plaintiffs’ attorney John Ruiz argued that he could establish the common claims necessary to sustain a class action using an algorithm that analyzes police reports of accidents and other records that Ocean Harbor must report under state and federal law.

He argued that Ocean Harbor’s obligation to pay was automatic once his client established that it had made payments reimbursable by the insurer.

The 3rd DCA disagreed.

“We reject the notion that MSPA claims reimbursement rights are not governed by Florida law relating to the recovery of benefits under a PIP policy, and are therefore automatic,” Logue wrote.

“Instead, MSPA must demonstrate that, in addition to any requirements of federal law, Ocean Harbor was required to make the payment in the first instance under Florida no-fault law for each reimbursement it claims.”

William Large, president of the tort-reformer Florida Justice Reform Institute, praised the outcome.

“The plaintiff has filed dozens of copycat cases against Florida insurers raising the same claims — this case was simply the first to reach the class certification stage,” Large said in a written statement.

“In certifying the class, the trial court failed to rigorously apply Florida’s class action certification requirements, which are necessary to protect defendants’ due process rights. The 3rd DCA recognized this overreach and ruled appropriately.”

No-fault insurer prevails in attempted class action over Medicare reimbursement

Florida Justice Reform Institute

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