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Florida Justice Reform Institute

Prominent Attorneys Move to Shutts & Bowen, Latest Sign of Major Shift in Florida’s Legal Landscape

August 23, 2019/in Sunshine State News

 

Sunshine State News

Prominent Attorneys Move to Shutts & Bowen, Latest Sign of Major Shift in Florida’s Legal Landscape

By NANCY SMITH
August 23, 2019 – 6:00am

For more than two decades the elite Miami Appellate Department of Greenberg Traurig was the most sought-after dream team for high-stakes court battles in Florida. Along with its Tallahassee partner Barry Richard of 2000 election recount fame, Greenberg Traurig was the go-to law firm for Fortune 500 companies with the resources to hire the very best.

Muniz Ron DeSantis oversees Jan. 22 swearing-in of Justice Carlos Muñiz

So when Julissa Rodriguez, chair of Greenberg’s Miami Appellate Department left this week to join Shutts & Bowen, it got the attention of people throughout Florida’s business and legal communities. But to some insiders, Rodriguez’s move to Shutts was no big surprise.

Julissa Rodriguez Julissa Rodriguez

“There has been a seismic shift in the Florida judiciary toward constitutionalist judges who follow the textualist judicial philosophy advocated by the late Justice Antonin Scalia,” said Bob McClure, president of the James Madison Institute, prominent Tallahassee-based public policy think tank. “It’s no secret that several attorneys at Shutts & Bowen worked behind the scenes finding qualified, competent jurists, and helped make that transformation happen.”

McClure is referring to the chairman of Shutts & Bowen’s Appellate Practice Group Jason Gonzalez, and his law partners Dan Nordby and Ben Gibson. Gonzalez is the state chairman of the Federalist Society, founded by Scalia and others. Gonzalez and Nordby served as general counsels to Govs. Charlie Crist and Rick Scott, and Gibson served as general counsel to Gov. Ron DeSantis’ transition office. The governor’s general counsel serves as chief advisor on all judicial appointments. Every current member of the Florida Supreme Court was appointed during the terms of service of Shutts partners Gonzalez, Nordby and Gibson, and the trio had various roles in the appointments of more than half the 63 judges on Florida’s five district courts of appeal.

“Shutts has continued to build an outstanding team with the addition of Ben Gibson last year, and Dan Nordby and Julissa Rodriguez this year,” said William Large, president of the Florida Justice Reform Institute, which has retained Shutts to file briefs in several high profile appeals. “It makes a lot of sense to hire textualist lawyers to argue before textualist judges. 

“Lawyers trying to make public policy arguments to the new majorities on these courts will be in for a rude awakening,” Large added.

An article earlier this year published in National Review noted a similar phenomenon at the federal level following the addition of Justice Neil Gorsuch and Justice Brett Kavanaugh to the U.S. Supreme Court. Both of the new justices, as well as Justice Clarence Thomas and Justice Samuel Alito follow a text-based judicial philosophy and have been active Federalist Society members for many years. “Originalism and textualism dominate the Supreme Court but are foreign to the legal academy,” wrote Nicholas Gallagher. And for the time being, only a handful of Florida lawyers are genuine textualist practitioners.

“I believe Florida now has the finest judiciary in the entire nation. Our goal all along was to remove the politics and personal ideology of judges from the process, and that happens when our courts are applying textualist and originalist principles in their opinions. Textualism is not a second language to the lawyers in my office. We’ve been preaching it for two decades, even when we were in a tiny minority. Now we are able to attract the finest attorneys in Florida like Julissa Rodriguez and offer our clients optimal trial and appellate representation,” said Gonzalez.

Florida Chamber of Commerce President Mark Wilson said he agrees. “In addition to the Florida Chamber’s efforts and superb judicial appointments by the governor,” explained Wilson,  a small group of judges and lawyers including the Shutts team have changed the legal culture in Florida for decades to come. It’s an entirely new legal landscape that’s bringing consistency and predictability to Florida’s civil justice system. That’s good news for individual liberty and good news for job creation and economic development.”

Reach Nancy Smith at [email protected] or at 228-282-2423. Twitter: @NancyLBSmith

http://www.sunshinestatenews.com/story/prominent-attorneys-move-shutts-bowen-latest-sign-major-shift-floridas-legal-landscape

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 Tech2019-08-23 15:58:532024-12-11 17:59:50Prominent Attorneys Move to Shutts & Bowen, Latest Sign of Major Shift in Florida’s Legal Landscape
Florida Justice Reform Institute

Workers’ Comp Changes Might Get Scuttled

March 28, 2019/in Sunshine State News

 

Sunshine State News

Workers’ Comp Changes Might Get Scuttled

By CHRISTINE SEXTON NEWS SERVICE OF FLORIDA
March 28, 2019 – 9:30am

Cord Byrd Cord Byrd

A push by Florida’s business community to tackle the state’s workers’ compensation insurance laws could be poised to fail again this year.

As legislators near the midway point of the 60-day session, the possibility is fading that groups representing major corporations, retailers and small businesses can win changes to the complicated system designed to provide health benefits to injured workers.

A House panel this week unanimously approved a proposal (HB 1399) that could result in a 5 percent reduction in the workers’ compensation insurance rates paid by employers.

Much of the savings would be derived by changing how insurance companies reimburse health providers. The bill, if it became law, would tie payments to rates established for Medicare, a proposal opposed by some health providers.

But business lobbyists say the legislation is missing one key feature they desperately crave: caps on the fees charged by attorneys representing injured workers.

Caps are part of a Senate workers’ compensation bill. But there wasn’t enough support this week in a Senate committee to pass the bill, according to people involved in negotiations.

The Florida Chamber of Commerce, Associated Industries of Florida and the National Federation of Independent Business, among others, want lawmakers to reinstate fee caps that were ruled unconstitutional by the Florida Supreme Court in 2016.

“This (House) bill does good things,” said Kimberly Fernandes, a lobbyist for the business-backed Florida Justice Reform Institute who said her group was “happy” to support the measure. But Fernandez said her group believes the Senate bill “does more.”

The House bill would allow insurance companies to depart from state-set rates and reduce rates by 5 percent.

FCCI Insurance Group lobbyist Tom Koval told the House Insurance & Banking Subcommittee that allowing companies to deviate from the approved rates could lead to predatory pricing and insurance company insolvencies.

The approval of the bill by the House panel came a day after the Senate Banking and Insurance Committee delayed action on a Senate workers’ compensation bill (SB 1636).

While the Senate bill would cap attorney fees at $150 an hour and limit overall payment to $1,500, there weren’t enough votes on the committee to pass the measure, committee member Tom Lee, R-Thonotosassa, said.

Workers’ compensation is meant to be a self-executing system that provides health benefits and lost wages to injured workers and protects employers from lawsuits.

While the system is generally set up to avoid lawsuits, disputes about injured workers’ benefits often lead to legal fights, which is when attorney fees come into play.

Workers’ compensation has long been a divisive issue in Tallahassee because of the breadth of its impact, touching disparate interests including injured workers, employers, health-care providers, insurance companies and workers’ attorneys.

Lee said the Senate committee didn’t have time to digest the complicated issue before taking up the bill.

“It puts you in a very awkward situation of having to move quickly on a bill that has massive consequences for the general population,” Lee said, noting it’s not just workers’ compensation but also other insurance issues that can befuddle legislators.

“To try to jump into these things on the fly is very dangerous,” Lee said.

Reinstating the workers’ compensation fee caps has been a priority for business groups since the Supreme Court struck them down. The groups argued that without caps, insurance premiums paid by employers would skyrocket, hurting the state’s economy.

Following the Supreme Court ruling, the state approved a 14.5 percent increase, which was largely attributable to eliminating the fee caps.

But since that initial increase, Florida Insurance Commissioner David Altmaier approved a nearly 10 percent reduction in rates for 2018 and an overall 13.8 percent decrease in workers’ compensation insurance rates for 2019.

Rep. Cord Byrd, a Neptune Beach Republican who is sponsoring the House workers’ compensation bill, told members of Insurance & Banking Subcommittee this week that the Legislature erroneously interfered in the free market when it agreed in 2003 to pass the fee caps that the court ultimately found unconstitutional.

“I think sometimes government has been more of a player instead of a referee,” said Byrd, an attorney who has practiced on both sides of workers’ compensation cases.

“As a practitioner, someone who has done both sides, philosophically I am opposed to caps,” he said. “I think we need to trust our judges.”

http://www.sunshinestatenews.com/story/workers-comp-changes-might-get-scuttled

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 Tech2019-03-28 15:59:532024-12-11 18:00:07Workers’ Comp Changes Might Get Scuttled
Florida Justice Reform Institute

FJRI Update Details Continued Growth in AOBs … Thanks to a Handful of Busy Attorneys

March 27, 2019/in Sunshine State News

 

Sunshine State News

Report Details Continued Growth in AOBs … Thanks to a Handful of Busy Attorneys

By SUNSHINE STATE NEWS
March 27, 2019 – 2:00pm

State law intended to benefit insurance policyholders continues to generate an ever-increasing windfall for trial lawyers and the repair vendors who hire them, according to a newly updated report released today by the Florida Justice Reform Institute.

The report uses data from the Florida Department of Financial Services’ Service Of Process database, updated through 2018, to show the widespread growth of Assignment of Benefits (AOB) lawsuits.

AOB cartoon

“This updated report details how out-of-control AOB lawsuits based on the one-way attorney fee continues to accelerate, driving up overall litigation and costs for policyholders,” said William Large, president of the Florida Justice Reform Institute

But guess what?

The Florida Justice Reform Institute points its finger at a handful of lawyers filing most of the AOB lawsuits, but it fails to connect the dots on at least one embarrassing and another ironic fact:  Two of the most prolific filers of AOB lawsuits — Malik Law Group and Hale, Hale and Jacobson (the firm of Florida Justice Association spokesman Lee Jacobson) are members of the Restoration Association of Florida, the very group that contends it is opposing AOB reform on behalf of consumers.

Here’s what the report says:

“… A fifth of all property AOB litigation is filed by 5 firms representing 6 attorneys. In PIP AOB lawsuits, an analogous pattern is seen. It is worth noting that PIP AOB attorneys seem to be the most prolific lawsuit filers — for example, a search in the DFS system for PIP attorneys demonstrates that one lawyer filed over 30,000 PIP AOB lawsuits in 2018.”

The report continues, “Confirming FJRI’s previous analysis of the shift from AOB starting in PIP and then moving to other coverages, there are several firms that do multiple types of AOB work. For example, the well-known Morgan & Morgan does AOB lawsuits for PIP, auto glass, and property, as does Hale, Hale & Jacobson (embarrassing) Other firms, such as Malik Law (ironic) and Emilio Stillo PA, work in at least two of these coverage areas, filing hundreds — sometimes thousands — of lawsuits annually.”

Find a copy of the new report HERE.

At the heart of the AOB problem is the one-way attorney fee statute designed to give policyholders equal footing in disputes with insurers. Some vendors use AOBs to seize control of this special policyholder right, and then file expensive lawsuits based on inflated claims. Sometimes these lawsuits even happen without the policyholder’s knowledge or consent.

This lawsuit-for-profit scheme has become an incentive for trial lawyers and their vendor clients — often water damage remediation firms or auto glass shops with aggressive marketing schemes.

Updated with new data through 2018, the report, authored by FJRI counsel Ashley Kalifeh of Capital City Consulting, contains some startling insights:

•    For the eighth consecutive year, AOB lawsuits make up more than half of all lawsuits filed against insurers statewide.

•    In 2018, 18 percent more AOB lawsuits were filed than in 2017.

•    From 2008 to 2018, AOB lawsuits increased by over 900 percent, while total lawsuits in that same period increased just over 400 percent.

•    Five firms filed more than 20 percent of all property AOB lawsuits. Even worse, nine firms filed nearly 85 percent of all auto glass AOB cases.

•   In a troubling development, some lawyers are also setting up their own repair businesses, so they can profit from both the abuse and the lawsuits.

•   AOB lawsuits are still concentrated in a few Florida counties, raising questions about statistical probability. In 2018, almost half of all property AOB lawsuits were filed in Miami-Dade and Broward counties, while the vast majority of all auto glass AOB lawsuits were filed in Hillsborough and Orange counties.

“While Florida is a growth state, AOB lawsuits are growing much faster than the population, going from little more than a few hundredths of a point as a fraction of Florida’s population to nearly a full three-quarters of a percent now,” said Kalifeh.

“Unfortunately, rampant AOB lawsuits threaten our confidence in the state’s legal climate,” said Large. “The Legislature can help the people of Florida by standing up to the trial lawyers and passing meaningful AOB lawsuit reform.”

The Florida Justice Reform Institute was created in 2005 to fight wasteful civil litigation through legislation, promote fair and equitable legal practices and provide information about the state of civil justice in Florida.

http://www.sunshinestatenews.com/story/fjri-update-details-continued-growth-aobs-thanks-handful-busy-attorneys

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 Tech2019-03-27 15:59:112024-12-11 17:59:49FJRI Update Details Continued Growth in AOBs … Thanks to a Handful of Busy Attorneys
Florida Justice Reform Institute

Carlos Muñiz Named Florida’s 89th Florida Supreme Court Justice

January 22, 2019/in Sunshine State News

 

Sunshine State News

Carlos Muñiz Named Florida’s 89th Florida Supreme Court Justice

By NANCY SMITH
January 22, 2019 – 10:45am

Muniz announcement

Conservative Carlos Muñiz is Gov. Ron DeSantis’ third and final choice to replace the three justices who have mandatorily retired on the Florida Supreme Court.

DeSantis, with Lt. Gov Jeanette Nuñez and the Muñiz family at his side, made the announcement during a Tuesday morning press conference on the doorstep of the Governor’s Mansion.

In his remarks, DeSantis said, “The court is going to apply the law as written. You may not agree with every decision, but (the justices) are not going to go off on a major tangent. I think that is very good for us. I think that the separation of powers will be strengthened with the newly constituted court.”

“The role of a judge is to preserve the Constitution, not to add to it or subtract from it,” Muniz said. “I believe strongly in judicial independence, but judges have to earn that independence through their fidelity to the Constitution.”

Muñiz, 49, has been called an intellectual and a textualist who believes firmly in the rule of law.

He was the general counsel for the United States Department of Education. Prior to his appointment, he was employed by McGuireWoods.

He received his undergraduate degree from the University of Virginia and his Juris Doctor from Yale Law School. He clerked for José A. Cabranes of the United States Court of Appeals for the Second Circuit and Thomas Aquinas Flannery of the United States District Court for the District of Columbia.

Carlos Muniz  Carlos Muñiz

Muñiz served as deputy attorney general and chief of staff to Florida Attorney General Pam Bondi and deputy general counsel for former Florida Gov. Jeb Bush and was said to “demonstrate his commitment to judicial restraint” during that time. He was also deputy chief of staff and counsel in the office of the speaker of the Florida House, and general counsel of the Florida Department of Financial Services. In 2013, Muñiz was involved in the discussions with Bondi that led her to take no action on consumer complaints against Trump University.

He represented Florida State University against a student who accused its quarterback, Jameis Winston, of raping her. The Education Department’s Office for Civil Rights investigation into the matter remained open at the time of his nomination.

In response to DeSantis’ appointment, William Large, president of the Florida Justice Reform Institute, said, “Gov. DeSantis’ appointment of Carlos Muñiz as the 89th justice to the Florida Supreme Court marks a turning point for jurisprudence in Florida. …

“Mr. Muñiz’s appointment, along with the recent appointments of Justices (Barbara) Lagoa and (Robert) Luck, closes the books on the previous majority’s record of judicial activism.”
 
Concluded Large, “Long after Ron DeSantis completes his service as governor of the State of Florida, his first accomplishment — restoring the Supreme Court to its proper role — will continue to reverberate.”

Florida Democratic Party Chair Terrie Rizzo responded by bemoaning racial exclusion on the high court.

“It’s extremely concerning that for the first time in decades Florida will not have have an African American justice,” she said. “From (the Muñiz) appointment, it’s clear that Ron DeSantis has no respect for the rule of the law, and is seeking to stack the courts with his political allies. Carlos Muñiz has no judicial experience, instead comes with a long political resume that includes working for Betsy DeVos’ Department of Education and Pam Bondi’s Attorney General office. … Fortunately, we live in a country of law and Florida Democrats will take every step necessary to defend the rights of every Floridian.”

Senate President Bill Galvano, R-Bradenton, released this statement following DeSantis’ announcement:

“I am pleased to offer my congratulations to my friend Carlos. Today’s appointment to the Florida Supreme Court is certainly the culmination of his lengthy and distinguished career in public service. I had the opportunity to work closely with Carlos during my service as Rules Chair in the Florida House. I know him to be a brilliant attorney and dedicated family man who will serve our state with great distinction in this important role.

“I appreciated Carlos’ comments today on the importance of restrained government, the rule of law, and respect for the value and dignity of each person. I also applaud his comments on the importance of judicial independence and the commitment each judge must make to set aside personal policy preferences. I commend Governor DeSantis on another outstanding appointment to the Florida Supreme Court.”

Reach Nancy Smith at [email protected] or at 228-282-2423. Twitter: @NancyLBSmith

http://sunshinestatenews.com/story/carlos-mu%C3%B1iz-named-floridas-89th-florida-supreme-court-justice

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 Tech2019-01-22 15:56:302024-12-11 17:56:32Carlos Muñiz Named Florida’s 89th Florida Supreme Court Justice
Florida Justice Reform Institute

BREAKING NEWS: Judge Barbara Lagoa Is DeSantis’ First Supreme Court Pick

January 9, 2019/in Sunshine State News

 

Sunshine State News

Judge Barbara Lagoa Is DeSantis’ First Supreme Court Pick

By NANCY SMITH
January 9, 2019 – 10:00am

Lagoa

Judge Barbara Lagoa, a rock-solid, rule-of-law conservative from Miami and the first Cuban-American woman to serve on the Third District Court of Appeal, is Gov. Ron DeSantis’ first of three Supreme Court selections.

DeSantis, standing with Lagoa and Lt. Gov. Jeanette Nuñez at the Freedom Tower on Biscayne Boulevard in Miami, made the announcement at 10 a.m. It was one of his first orders of business in office and one of his highest priorities.

She is the first Hispanic woman in history to serve on the Florida Supreme Court. Her appointment, replacing retiring Justice Fred Lewis, is effective immediately.

“Justice Lagoa’s proven commitment to upholding the rule of law, unparalleled legal career and vast experience on the appellate bench, distinguish her among the most qualified individuals to serve on our state’s highest court,” said DeSantis. “It is my pleasure and my privilege to appoint Barbara Lagoa to the Florida Supreme Court with full confidence she will serve our state with the utmost integrity.”

Lagoa, 51, had the most appellate experience among the 11 justice nominees. In June 2006 Gov. Jeb Bush appointed her to fill the Third DCA vacancy created by the retirement of Judge David Levy. Most recently, she was the chief justice-elect for the Third DCA.

Over her 12 years on the appellate bench, Justice Lagoa has heard more than 11,000 cases and issued more than 470 written opinions.

Before her appointment, she worked for three years as an assistant U.S. attorney in the Southern District of Florida. While a practicing lawyer, she was admitted to practice by the Florida Bar, the United States District Courts for the Middle and Southern Districts of Florida, and the United States Court of Appeals for the Eleventh Circuit. She was also a member of many local, state, and national professional groups, including the Dade County and American Bar Associations.

Prior to joining the bench, Lagoa practiced in both the civil and criminal arenas. Her civil practice focused on general and complex commercial litigation, particularly the areas of employment discrimination, business torts, securities litigation, construction litigation, and insurance coverage disputes. She worked at numerous prominent law firms in Miami, including Greenberg Traurig and Morgan, Lewis & Bockius.

As a practicing attorney, she was one of a team of mostly pro-bono attorneys in 1999 who represented the American family of 6-year-old Elian Gonzalez. Though her side won the case, in an event that captured world attention, President Bill Clinton and U.S. Attorney General Janet Reno sent armed U.S. agents into the home, seizing the boy and ignoring the rule of law. They returned him to Cuba. Fox News analyst Dick Morris joked at the time that Hillary Clinton’s next book will be called “It Takes a SWAT Team.”

In 2003, Lagoa joined the United States Attorney’s Office for the Southern District of Florida as an assistant United States attorney, where she worked in the Civil, Major Crimes and Appellate sections. As an assistant United States attorney, she tried numerous criminal jury trials, including drug conspiracies and Hobbs Act violations. She also handled a significant number of appeals.

Lagoa was born and raised in Miami. She received her B.A. cum laude in 1989 from Florida International University, where she majored in English and was a member of the Phi Kappa Phi honor society. She received her Juris Doctor from Columbia University in 1992, serving as an associate editor of the Columbia Law Review. Lagoa is fluent in English and Spanish.

Her civic and community activities include service on the Board of Directors for the YWCA of Greater Miami and Dade County, the Film Society of Miami, Kristi House, and the FIU Alumni Association. She was also a member of the Federal Judicial Nominating Commission. She currently is a member of the Eugene P. Spellman and William Hoeveler Chapter of the American Inns of Court, the Junior League of Miami, and Fairchild Tropical Gardens.

Justice Lagoa has received numerous awards, including the “Outstanding Women of Color” award from the Black Law Student Association and the Caribbean Law Student Association at St. Thomas Law School. The award was presented for her outstanding contributions as a sitting judge on the Third DCA.

Upon learning of Lagoa’s appointment, a delighted William Large, president of the Florida Justice Reform Institute, issued this statement: “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.”

Florida Senate President Bill Galvano, R-Bradenton, said this: “I appreciated the governor’s comments during his inauguration yesterday in which he stressed the proper role of the judiciary … 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 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 to) … Gov. DeSantis on his first Supreme Court appointment.”

Maria D. Garcia, president of the Cuban American Bar Association (CABA), congratulated Lagoa in a letter after the Miami announcement. “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. …”

Lagoa is married to Paul C. Huck, Jr., the former general counsel to Gov. Charlie Crist and a former South Florida Water Management District Governing Board member. He now is a partner at Jones Day in Miami.

The couple have three children.

Over half of the 11 nominees to the Florida Supreme Court hail from South Florida. The overrepresentation is in part because one of the open seats had to be filled with a nominee who lives in the Third appellate district, which includes Miami-Dade and Monroe counties.

Justices Barbara Pariente and Peggy Quince also have mandatorily retired, leaving DeSantis two more seats to fill.

A total of 6 of the 11 nominees are from South Florida. The three eligible for the Third DCA seat were John Daniel Couriel, Barbara Lagoa and Robert J. Luck. The other two at-large seats have no geographical restrictions.

Reach Nancy Smith at [email protected] or at 228-282-2423. Twitter: @NancyLBSmith.

http://sunshinestatenews.com/story/breaking-news-judge-barbara-lagoa-desantis-first-supreme-court-pick

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 Tech2019-01-09 15:58:052024-12-11 17:56:32BREAKING NEWS: Judge Barbara Lagoa Is DeSantis’ First Supreme Court Pick
Florida Justice Reform Institute

First District Court of Appeal Overturns ‘Five Million Dollar Ant Bite Case’

April 19, 2018/in Sunshine State News

 

Sunshine State News

First District Court of Appeal Overturns ‘Five Million Dollar Ant Bite Case’

By NANCY SMITH – April 18, 2018 – 5:45 pm

1st DCA First District Court of Appeal

The First District Court of Appeal avoided another “lawsuits ‘r’ us” black eye for Florida Wednesday, when it reversed the infamous “Five Million Dollar Ant Bite Case” — a case that would have let a $5.2 million award stand for ant bites a tow truck driver claimed were sulfuric acid damage.

A three-judge panel overturned the decision in Simon’s Trucking, Inc. (Appellant/Defendant) v. Charles A. Lieupo (Appellee/Plaintiff) because the circuit court for Hamilton County based its decision on a statute that didn’t apply, according to the DCA ruling.

In case you’ve forgotten, this was the case that arose out of a 2011 semi tractor-trailer accident on Interstate 75, in which the tow truck driver first said his leg was medically damaged by ant bites, then claimed the damage came from sulfuric acid.

The tow truck driver, Charles Lieupo, sued the company that owned the semi. And the jury in rural Hamilton County, where Lieupo has lived his entire life, had awarded him $5,211,500 for his injuries.

Specifically, the appeals court ruled Wednesday that the environmental protection statute can only be used to sue for damages to property, not people, caused by environmental contamination. Floridians still can sue for personal injuries — but under ordinary negligence, which Lieupo never proved.

To recap, during the 2011 accident, the driver of the semi suffered a massive heart attack and died, causing the vehicle to veer off the Interstate and crash into the trees. Tow truck driver Charles Lieupo, who heard about the accident on a dispatch radio and asked to be hired to remove the wreckage, said at the time he had been bitten by fire ants while completing the work.

Over the next two months, medical records show, Lieupo told physicians and other healthcare providers he had been bitten by fire ants. Six months after the accident, Lieupo told his pain-management doctor, “I had ants all over myself … [T]hey were in my breeches and … they were stinging.”  But at trial, his story changed dramatically.

Lieupo told a Hamilton County jury sulfuric battery acid at the accident scene, not ant bites, had injured his legs. A medical specialist disagreed and testified at trial Lieupo suffered from a pre-existing condition known as “venous stasis,” which is poor blood flow in the extremities. The specialist told the jury it was fire ant bites, not battery acid, that had irritated Lieupo’s pre-existing condition and caused the skin irritation on his legs.

Jason Gonzalez, Tallahassee managing partner for Shutts & Bowen, argued the appeal. “The ruling today was a great victory for a family-owned business that had done nothing wrong. We are hopeful the Florida Supreme Court will agree with the First DCA and decline to do anything further with the case.”

Gonzalez told Sunshine state News in February, “(The case) should never have gone to trial because Lieupo could not prove the defendant was negligent, and instead filed a strict liability claim that is not allowed in personal injury cases.”

In 2010 the Florida Supreme Court addressed the same issue in the landmark case of Curd v. Mosaic, and the Court said personal injury claims are not permitted under the statute. “We can’t figure out why the judge allowed this to go forward in direct violation of binding Supreme Court precedent on the issue,” William Large of the Florida Justice Reform Institute told Sunshine State News in February.

Large described the lawsuit as a massive expansion of liability in Florida. Had the First DCA failed to reverse it on appeal, he said, the case would have cost Florida consumers and job creators billions in increased insurance premiums.

Reach Nancy Smith at [email protected] or at 228-282-2423. Twitter: @NancyLBSmith

 http://sunshinestatenews.com/story/first-dca-overturns-500-million-ant-bite-case

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 Tech2018-04-19 15:56:532024-12-11 17:56:32First District Court of Appeal Overturns ‘Five Million Dollar Ant Bite Case’
Florida Justice Reform Institute

The ‘Five Million Dollar Ant Bite Case’ Goes to Appeals Court … as the Legal World Watches

February 27, 2018/in Sunshine State News

 

Sunshine State News

The ‘Five Million Dollar Ant Bite Case’ Goes to Appeals Court … as the Legal World Watches

By NANCY SMITH
February 27, 2018 – 2:15pm

1st DCA  First District Court of Appeal

A Hamilton County jury verdict that has drawn the attention of national legal scholars and civil justice reform advocates goes before the First District Court of Appeal in Tallahassee next week.

If ever a case had Florida set up to repeat in 2018 as the No. 1 lawsuit-happy state — the nation’s top “Judicial Hellhole” — it’s probably going to be this one, Simon’s Trucking, Inc. (Apellant/Defendant) v.  Charles A. Lieupo (Appellee/Plaintiff).

The case arises out of a 2011 semi tractor-trailer accident on Interstate 75. The driver of the semi suffered a massive heart attack and died, causing the vehicle to veer off the Interstate and crash into the trees. But the lawsuit doesn’t involve the deceased truck driver.

The plaintiff in the lawsuit was a tow truck driver, Charles Lieupo, who heard about the accident on a dispatch radio and asked to be hired to remove the wreckage.

After first responders cleared the accident scene of any hazardous materials, Lieupo and others were allowed to remove the tractor-trailer. At the time, Lieupo told friends he had been bitten by fire ants on his legs while at the scene.

Over the next two months, medical records show Lieupo told physicians and other healthcare providers he had been bitten by fire ants. Six months after the accident, Lieupo told his pain-management doctor, “I had ants all over myself … [T]hey were in my breeches and … they were stinging.”  But at trial, his story changed dramatically.

Lieupo told a Hamilton County jury that sulfuric battery acid at the accident scene, not ant bites, had injured his legs. A medical specialist disagreed and testified at trial that Lieupo suffered from a pre-existing condition known as “venous stasis,” which is poor blood flow in the extremities. The specialist told the jury that fire ant bites, not battery acid, had irritated Lieupo’s pre-existing condition and caused the skin irritation on his legs.

The jury in rural Hamilton County, where Lieupo has lived his entire life, awarded him $5,211,500 for his injuries.

“This is one of the most egregious jury verdicts we have seen in Florida,” said Jason Gonzalez, Tallahassee managing partner for Shutts & Bowen. Gonzalez will argue the appeal before the First District Court, but he was not involved in the trial.

“Not only does this verdict defy all critical thinking when compared to the evidence, but legally, it should never have gone to trial because Lieupo could not prove the defendant was negligent, and instead filed a strict liability claim that is not allowed in personal injury cases,” Gonzalez added.

The case is drawing national attention. At a recent legal conference the lawsuit was referred to as “The Five Million Dollar Ant Bite Case.”  It’s being compared to the infamous McDonald’s hot coffee case, in which a New Mexico jury awarded $2.86 million for a spilled coffee injury on the legal theory that the coffee was “defective” because it was hot.

Tiger Joyce, president of the American Tort Reform Association that recently ranked Florida as the No. 1 “Judicial Hellhole” in America, said this case may be worse than the McDonald’s case.

“In the McDonald’s hot coffee case, the judge at least had the good sense to reduce the jury verdict by over $2.2 million,” said Joyce.  “In the Florida ant bite case the judge ignored binding Supreme Court precedent when he let the plaintiff file a strict liability claim and not prove negligence. Then the judge compounded his error by allowing the absurd $5.2 million jury award to stand.

“This case is the poster child for all that’s wrong with the Florida civil justice system,” said Joyce.

William Large of the Florida Justice Reform Institute says the “Five Million Dollar Ant Bite Case” will have a far-reaching and harmful impact if it stands.  “The judge in this case allowed a personal injury lawsuit to proceed under Florida’s strict liability environmental contamination statute that is only supposed to apply to damages to natural resources, not injuries to humans,” he said.

In 2010 the Florida Supreme Court addressed the same issue in the landmark case of Curd v. Mosaic, and the Court said personal injury claims are not permitted under the statute.

“We can’t figure out why the judge allowed this to go forward in direct violation of binding Supreme Court precedent on the issue,” said Large, who described the lawsuit as a massive expansion of liability in Florida, that if not reversed on appeal will cost Florida consumers and job creators billions in increased insurance premiums.

The case will be heard March 6 by a three-judge panel at the First District Court of Appeal.

 Reach Nancy Smith at [email protected] or at 228-282-2423. Twitter: @NancyLBSmith

http://sunshinestatenews.com/story/five-million-dollar-ant-bite-case-goes-appeals-court-legal-world-watches

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Florida Justice Reform Institute

House Approves Judicial Term Limits

March 29, 2017/in Sunshine State News

 

House Approves Judicial Term Limits

By BRANDON LARRABEE NEWS SERVICE OF FLORIDA
March 29, 2017 – 7:30pm

   

The Florida House on Wednesday narrowly approved a proposed constitutional amendment that would limit Supreme Court justices and appeals-court judges to two consecutive terms in office, sending a major priority of Speaker Richard Corcoran to an uncertain fate in the Senate.

House members voted to approve the measure (HJR 1) on a 73-46 vote nearly along party lines. It takes 72 votes to pass a constitutional amendment through the House.

Six Republicans — Reps. Eric Eisnaugle of Orlando, Jay Fant of Jacksonville, Joe Gruters of Sarasota, Don Hahnfeldt of The Villages, George Moraitis of Fort Lauderdale and Dan Raulerson of Plant City — joined Democrats in opposing the measure.

If adopted by the Senate and the voters in a November 2018 referendum, the proposal would essentially limit most judges to between 12 and 15 years in office. Service of current District Court of Appeal judges and Supreme Court justices before 2019 would not count toward their term limits.

Appellate judges in Florida aren’t directly elected but go on the ballot every six years in retention elections for up-or-down votes.

Legal organizations across the political spectrum have opposed the legislation, but Corcoran, R-Land O’ Lakes, brushed that off in a statement issued by his office after the vote.

“That tells you we are doing what is right,” Corcoran said. “And neither special interest hand-wringing nor political influence will stop the House from doing what is right. It boils down to this — we believe that no government job should be for life.”

But opponents argued that the measure was aimed at weakening the judicial branch after a string of Supreme Court rulings that have stymied Republicans who dominate state government. Many of those rulings have been issued by majorities featuring long-serving Democratic appointees.

“At the end of this day, the bill will have one major chilling effect: a less-independent judiciary beholden to the executive and legislative branches,” said Rep. Evan Jenne, D-Dania Beach.

Debate over the measure was wide-ranging, with lawmakers discussing their favorite installments of the Federalist Papers and the federal court-packing scheme advanced by President Franklin Delano Roosevelt.

In addition to questions about judicial independence, opponents of the measure say term limits would discourage young lawyers from applying for court openings, because they would be forced to rebuild their practices after roughly 12 years of service.

Critics also contend that more experienced judges shouldn’t be pushed off the courts.

“Term limits are not going to ensure the best judges are on the bench,” William Large, president of the conservative Florida Justice Reform Institute, wrote in a letter to lawmakers ahead of the vote. “Instead they will only ensure that the best and brightest Florida lawyers rarely apply, and even when good judges manage to end up on the bench, they will be kicked off just as they are gaining the institutional knowledge and experience that make for great judges.”

But supporters argued that the proposal would bring more accountability to the judiciary and make it more responsive to the people.

Rep. Jennifer Sullivan, a Mount Dora Republican who sponsored the proposal, underscored that no appellate judge has ever lost a retention election.

“An accountability system which doesn’t hold people accountable is not truly an accountability system,” Sullivan said. “Retention elections are not an effective check and balance on the appellate courts, and it’s time for a new approach.”

The constitutional amendment faces stiff opposition in the Senate, though, where other judicial changes approved by the House in recent years have been watered down or rejected. Republican leaders in the chamber have already signaled they have concerns about the new proposal.

http://www.sunshinestatenews.com/story/house-approves-judicial-term-limits

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Florida Justice Reform Institute

Judicial Term Limits Move Ahead Amid Senate Doubts

February 21, 2017/in Sunshine State News

 

Judicial Term Limits Move Ahead Amid Senate Doubts
By BRANDON LARRABEE NEWS SERVICE OF FLORIDA
February 21, 2017 – 10:00pm

egislation that would limit Florida appellate judges to two consecutive
terms in office was sent to the House floor Tuesday,
as prominent senators have begun voicing concerns about the proposal.

The House Judiciary Committee voted 11-8 on a nearly party-line vote to approve the proposed constitutional amendment (HJR 1), which would need the approval of three-fifths majorities in the House, Senate and in a referendum to take effect. Two Republicans joined all the committee Democrats in opposing the proposal.

The measure would limit Supreme Court justices and appeals-court judges to two, six-year terms, though differences on when they were appointed could mean some jurists would serve a few more years.

House Speaker Richard Corcoran, R-Land O’ Lakes, and other House members have pushed the plan as a way to increase the accountability of justices and judges, who are subject to merit retention elections at the end of each term. No justice or judge has ever lost one of those elections, in which they run unopposed for another term.

But the reaction to the plan in the Senate has been lukewarm at best, even among Republican leaders. And that could pose problems for the measure in the upper chamber. If Democrats lock down in opposition to the proposal, two GOP defections would be enough to keep it from getting the required 24 voters in the 40-seat Senate.

Senate President Joe Negron, R-Stuart, told The News Service of Florida in an interview that he believes the idea “should be given every consideration by the Senate, and it will be, the same as our Senate priorities will be carefully evaluated by the House.”

Personally, though, Negron said he shares the reservations of some lawyers and legal observers who have spoken against the bill in the House — chiefly, that the measure could force judges to consider their careers both before and after moving to the bench.

“I have concerns … about making sure that we are not inadvertently creating a problem with independence where you would have a judge, because a judge has to take care of her or his family, thinking about where they are going to land after their time is up,” Negron, an attorney, said.

The Senate has proven to be the graveyard in the past for House proposals to overhaul the appellate courts. In 2011, then-House Speaker Dean Cannon pushed to, among other things, split the Florida Supreme Court into two panels: one dealing with criminal cases and the other handling civil cases.

The proposal was dramatically downsized on the Senate floor, and the notion of breaking up the court was dropped altogether.

Sen. David Simmons, an Altamonte Springs Republican who is influential on judicial issues in the Senate, also cast doubt on the term-limit idea while saying it should be discussed during the legislative session that starts March 7.

“I’m not persuaded at this point,” said Simmons, who resisted Cannon’s proposal. “And I will be happy to hear what the arguments are in favor of it. I just think that there are significant countervailing arguments against it.”

Simmons, an attorney, pointed to the difficulty of judges re-entering private practice after a decade on the courts, but also underscored the lifetime appointments given to federal judges to limit political interference.

“You want to know the difference between our country and all those other nations out there; (it) is the fact that we have a judiciary that keeps everybody else in line,” Simmons said.

Business groups and conservative legal organizations are also bucking Corcoran’s campaign. The Florida Justice Reform Institute, an organization that backs tort-reform bills often favored by Republicans, has announced its opposition to the proposal.

“Term limits are not going to ensure the best judges are on the bench,” wrote William Large, president of the institute. “Instead they will only ensure that the best and brightest Florida lawyers rarely apply, and even when good judges manage to end up on the bench, they will be kicked off just as they are gaining the institutional knowledge and experience that make for great judges.”

The U.S. Chamber of Commerce also opposes the idea.

House Republicans say that the fears of the proposal’s critics are overblown and that the voters should ultimately be allowed to decide the amendment’s fate. Rep. Shawn Harrison, R-Tampa, questioned the idea that judges might be worried about finding employment after their time on the bench.

“I think in my experience as a litigator, ex-judges are very, very marketable,” he said.

Since being filed on Feb. 9, a Senate version of the proposal (SJR 482) — sponsored by Sen. Travis Hutson, R-Elkton — has not been scheduled for a committee hearing. Senate Judiciary Chairman Greg Steube, R-Sarasota, was circumspect Tuesday when asked about the proposal, saying he hasn’t taken a position on it.

“Senator Hutson’s going to need to see if this committee and the members of the committee — is that something they would be willing to look at?” Steube said.

http://www.sunshinestatenews.com/story/judicial-term-limits-move-ahead-amid-senate-doubts

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Florida Justice Reform Institute

Bondi Defends Medical Malpractice Limits

December 15, 2015/in Sunshine State News

 

Sunshine State News

Pam Bondi Defends Medical Malpractice Limits

By JIM SAUNDERS NEWS SERVICE OF FLORIDA
December 15, 2015 – 5:30pm


Pam Bondi AG Pam Bondi

Pointing to the Legislature’s efforts to address a “crisis,” Attorney General Pam Bondi’s office is urging the Florida Supreme Court to uphold a key part of a controversial 2003 medical-malpractice law.

A friend-of-the-court brief filed by Bondi’s office signals the potential high stakes of a pending Supreme Court case that could further eliminate limits on damages in medical-malpractice cases.

Then-Gov. Jeb Bush, insurers, doctors and hospitals battled to pass the limits on pain-and-suffering damages in 2003, arguing that the state was in a crisis because of high medical-malpractice insurance rates. But this summer, the 4th District Court of Appeal ruled that the limits were unconstitutional in malpractice personal-injury cases — after the Supreme Court earlier ruled against the limits in wrongful-death cases.

Bondi’s office filed a 23-page brief late Monday seeking to rebut the appeals court’s ruling, which came in the case of dental assistant Susan Kalitan, who went into surgery for carpal-tunnel syndrome and ended up suffering a perforated esophagus after tubes were inserted into her mouth and esophagus as part of the anesthesia process.

“Kalitan failed to rebut any of the exhaustive research, testimony, or data supporting the conclusion that a noneconomic damages cap is a critical, necessary method of addressing a medical malpractice crisis that was undermining the Legislature’s goal of making high-quality health care accessible,” the attorney general’s brief said. “Nor can she show that there was an alternative available to the Legislature for addressing the crisis.”

The 2003 medical-malpractice issue touched off one of the fiercest legislative debates in recent years and took months to resolve. Plaintiffs’ attorneys lobbied heavily against limiting pain-and-suffering damages — known as noneconomic damages — and argued that the caps would violate the rights of injured patients.

Under the law, damages were capped at different amounts, depending on factors such as the numbers of claimants in lawsuits and the types of defendants. For example, part of the law included $500,000 and $1 million damage caps for physicians, with lower amounts when the cases involve emergency care.

The Kalitan case was filed in 2008 in Broward County and named a series of defendants, including the North Broward Hospital District, an anesthesiologist, a certified registered nurse anesthetist and a company that contracted to provide anesthesiologists and staff to the hospital district.

A jury awarded Kalitan about $4.7 million, with $4 million of that in non-economic damages, according to court records. But a circuit judge, applying the caps from the 2003 law, reduced the non-economic damages award by about $2 million, which included amounts to be paid by various parties and a finding that Kalitan suffered a “catastrophic injury.” Such a finding can lead to larger damage amounts than in other malpractice cases.

The 4th District Court of Appeal, however, cited a 2014 Supreme Court decision that found the caps unconstitutional in a wrongful-death case. The appeals court said the “caps are unconstitutional not only in wrongful death actions, but also in personal injury suits as they violate equal protection. … Whereas the caps on non-economic damages in (the section of state law) fully compensate those individuals with non-economic damages in an amount that falls below the caps, injured parties with non-economic damages in excess of the caps are not fully compensated.”

The North Broward Hospital District and the other defendants asked the Supreme Court on Dec. 3 to take up the issue. Along with the brief filed by Bondi’s office, the Florida Hospital Association and the Florida Justice Reform Institute — a business-backed group that supports efforts to limit legal damages — filed a friend-of-the-court brief Monday asking for the appeals-court ruling to be overturned.

Kalitan’s attorneys had not yet filed a brief in the Supreme Court as of Tuesday afternoon. But in a brief filed in the appeals court, they argued, in part, that the Legislature had not proven that imposing damage limits was the only way to address the malpractice-insurance issue.

“The Legislature has broad powers and an array of options to keep medical malpractice premiums affordable and, thereby, make Florida more financially attractive to physicians,” the appeals-court brief said. “If the Legislature’s objective was to lower medical malpractice premiums, less restrictive means, such as regulating those premiums, which do not adversely affect anyone’s constitutional rights, are readily available.”

http://sunshinestatenews.com/story/pam-bondi-defends-medical-malpractice-limits 

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