Michael Carroll News
Tort-reform advocates point to wave of Florida TV ads soliciting coronavirus lawsuits
A study showing that Florida TV ad markets were inundated last year with legal services spots mentioning COVID-19 or the coronavirus has buoyed the hopes of tort-reform supporters pushing the state legislature to pass legal liability protections.
Florida property insurance industry in tenuous financial state, despite AOB reform
Restrictions on assignment-of-benefits (AOB) property insurance claims signed into law in 2019 have failed to control lawsuits blamed for pushing up insurance premium costs in Florida, according to a nonprofit insurance consumers group.
Florida COVID-19 lawsuit protection bills differ on details
House and Senate bills to provide COVID-19 legal liability protections to Florida health-care providers and facilities contain a number of sticking points, but one attorney tracking the legislation expects lawmakers to iron out their differences soon.
Florida lawmakers urged to take go-slow approach to taxing online sales
Moving too hastily on legislation to tax goods sold online by out-of-state merchants could lead to more civil litigation and burdensome rules, public policy experts said in a warning to Florida lawmakers.
Florida Supreme Court asked to clarify state law's role in red-light camera case
In a move that could affect scores of Florida municipalities that operate automated red-light traffic ticket systems, a federal appeals court has called on the state’s Supreme Court to settle how state law weighs on a ticketed driver’s class-action lawsuit.
Miami judge rejects Publix's bid to dismiss coronavirus wrongful death lawsuit
A circuit judge has rejected a Florida supermarket company’s motion to dismiss a wrongful death complaint that alleges the company’s initial policy against mask wearing led to an employee’s death from COVID-19.
$15.5 million damages award against R.J. Reynolds tossed out
Citing inadequate jury instructions, a Florida appeals court has tossed out damages awards totaling $15.5 million against R.J. Reynolds in the case of a long-term smoker who died of throat cancer.
Arbitration opinion lowers temperature in Broward County teachers' legal dispute
An arbitration ruling stemming from the Broward Teachers Union’s lawsuit against the county school district over a return-to-the-classroom order seems to have offered solace to both sides in the dispute.
Florida bill would rein in 'contingency risk multipliers' in property insurance claims
A Florida lawmaker has introduced a bill that would restrict a practice that ramps up fees paid to attorneys who represent a property owner suing an insurer on a contingency-fee basis.
Florida apartment owners lose bid to recover lost rent from insurer after hurricane damage
The Florida Supreme Court has blocked a request by apartment building owners to recover lost rental income resulting from litigation over hurricane damage in a ruling that holds the line on insurance damages awards.
Broward teachers sue after district orders all remote teachers to return to classroom
The Broward Teachers Union (BTU) and Broward Public Schools are locked in arbitration in the wake of the union suing the district over a call for all teachers to return to the classroom amid rising COVID-19 positivity rates.
Florida lawmaker to introduce bill to legalize psilocybin-assisted therapies
A Florida lawmaker will file a bill next week that’s described as the first attempt to legalize therapies using psilocybin – the key component of hallucinogenic “magic mushrooms” – in a red state.
Environmentalists sue U.S. Fish and Wildlife Service to protect endangered Florida plants
Environmental groups aim to launch a volley of civil lawsuits to gain the upper hand on Florida habitat and wetlands oversight issues as President-elect Joe Biden’s administration prepares to assume power in Washington on Jan. 20.
Florida business group hopeful as COVID-19 legal liability bill passes first hurdle
Legislation designed to protect businesses, schools and houses of worship from frivolous litigation related to the COVID-19 pandemic easily passed a Florida House panel this week.
Civil justice reform advocates welcome Florida Supreme Court's summary judgment ruling
The Florida Supreme Court’s Dec. 31 decision to adopt the federal standard for summary judgments in civil lawsuits will make the justice system more fair and efficient, according to business associations.
Judge issues injunction against Broward County restaurant restrictions
A federal judge issued a restraining order last month against a Broward County coronavirus order aimed at keeping bars and restaurants closed between the hours of midnight and 5 a.m.
Florida leads the nation in civil asset forfeitures, study finds
The level of civil asset forfeitures by law enforcement agencies in Florida is the highest in the nation, amounting to $11,558 in revenues per 1,000 people, according to a newly released study on the practice.
Florida sugarcane growers again urge dismissal of pre-harvest burning lawsuit
For a third time, defendant companies have called for the dismissal of a long-running class-action lawsuit filed on behalf of Glades residents that accuses sugar cane growers of endangering public health through the practice of pre-harvest burning.
Long-term care reforms sought as Florida nursing home death rate increases
Deaths at Florida nursing homes due to the spread of the coronavirus doubled in recent months, according to data released by AARP Florida, but the increase remained below the threefold spike in nursing home deaths nationally.
Florida law enforcement chief defends raid on former data manager's home
The head of the Florida Department of Law Enforcement (FDLE) is defending his officers’ recent raid on the Leon County home of a former Department of Health official who filed a lawsuit alleging the search violated her constitutional rights.