Michael Carroll News
Florida appeals court upholds cap on medical malpractice awards in arbitration
A southern Florida appeals court this week affirmed that the state’s limits on punitive damages in certain medical malpractice cases do not violate the state constitution’s guarantees of equal protection.
Florida attorney charged with filing hundreds of bogus ADA lawsuits
A Florida man who allegedly filed hundreds of fraudulent Americans With Disabilities Act lawsuits has a scheduled court appearance Tuesday in New York.
Sugar companies seek dismissal of lawsuit over pre-harvest sugarcane burning
Sugar companies in southern Florida are calling on a U.S. district court judge to dismiss a lawsuit alleging that the pre-harvest burning of sugar fields is a threat to human health.
Insurance regulation study gives Florida markets 'A-minus'
TALLAHASSEE -- Florida was among a handful of states making the biggest improvements to its insurance systems this past year, according to a new 50-state ranking examining insurance efficiencies, free markets and low regulatory burdens.
Data indicates decline in Florida AOB property insurance litigation
TALLAHASSEE -- Florida assignment of benefits lawsuits involving property insurance have been dropping since an AOB reform bill took effect in July, according to preliminary data.
Florida liberates itself from top spot on 'Judicial Hellholes' ranking
Thanks to reforms enacted this year and a more conservative state Supreme Court, Florida no longer occupies a spot on the nation’s 10 worst “Judicial Hellholes” list, according to a new report by the American Tort Reform Foundation (ATRF).
Florida lawsuit climate seen as cost driver for health care outlays
Florida’s burdensome legal climate is a big reason why median-wage earners pay a higher share of their household income for health care premiums and deductibles than the U.S. average, according to the Florida Chamber of Commerce.
Attorneys reaping a rising share injured workers' awards, studies find
Attorney fees as a percentage of workers’ compensation benefits and settlements in Florida have risen significantly in the wake of a controversial 2016 state Supreme Court decision, according to multiple studies.
Florida legislators gear up for more debate on repealing no-fault auto insurance
Florida lawmakers are poised in the coming year to make another run at repealing the state’s no-fault auto insurance system, which critics charge is subject to fraud, high costs and excessive civil litigation.
Panel launches effort to nominate two new Florida Supreme Court justices
The process to nominate two new justices to the Florida Supreme Court swung into high gear during Thanksgiving week after justices Barbara Lagoa and Robert Luck gained U.S. Senate approval to serve on a federal appeals court.
Proposed Florida fracking ban viewed as litigation catalyst
TALLAHASSEE -- A proposed ban on future hydraulic fracturing operations in Florida cleared a legislative committee this month but opponents see the bill as technologically shortsighted and one that could lead to a gusher of lawsuits.
Florida scooter ban ruling seen as green light to limit business activities
A recent appeals court decision affirming a Florida city’s power to ban motorized scooter rentals is so broad that it could allow municipalities to prohibit many other business activities as well, the appellant’s attorney said.
AOB lawsuits over auto glass damage continue to be filed at steady clip, report finds
The filing of assignment-of-benefits lawsuits for auto glass damage in Florida is holding steady this year and threatens to push up the cost of auto insurance, a new Florida Justice Reform Institute report warns.
Pitfalls seen in efforts to restrict use of genetic test results in insurance coverage
Free-market advocates and insurance industry officials continue to warn Florida lawmakers against passing a blanket ban on using genetic testing information in life insurance coverage decisions.
City of Naples digs in, defends fertilizer ordinance against lawsuit threat
The City of Naples is standing its ground after a group representing landscape businesses, lawn-care professionals and others vowed to sue city officials unless they revamp its controversial fertilizer ordinance.
Steube AOB bill passes judiciary panel despite business opposition
TALLAHASSEE - A revamped bill that aims to address rising assignment-of-benefits concerns in Florida passed the state Senate’s Judiciary Committee Tuesday, but still failed to win support from the insurance industry and business interests.
Florida AOB bill passes Senate insurance panel despite business opposition
TALLAHASSEE – A Florida Senate panel gave a thumbs-up Tuesday to a bill that would prevent property insurers from including attorney fees and other legal costs in their rate base, despite opposition from insurance firms and other business interests.
Florida Insurers brace for possible onslaught of assignment-of-benefits cases
Insurance industry officials in Florida have yet to see evidence a wave of costly third-party claims stemming from Hurricane Irma, but companies are bracing for an uptick in what’s called assignment-of-benefits (AOB) cases.
Florida insurers caution homeowners against signing assignment of benefits
Florida insurance companies are warning property owners who sustained damage from Hurricane Irma to avoid fraud by not signing away their insurance rights to third parties.
Litigation scheme seen as driving auto glass claims in five Florida counties
Some Florida counties are seeing a major spike in auto glass litigation, generating fears that auto insurance premiums may follow the trajectory of rising property insurance rates in the state.