W.J. Kennedy News
In public comments, business defense lawyers encouraged by Florida’s adoption of SCOTUS summary judgment standard
In comments to the Florida Supreme Court, groups representing thousands of business defense lawyers expressed their delight at the Court’s prospective adoption of the U.S Supreme Court’s summary judgment standard, and offered a suggestion.
Florida medical community has few options after cap on non-economic damages shot down
TALLAHASSEE - The Florida medical community is still weighing its next steps following the June 8 Florida Supreme Court ruling, North Broward Hospital District v. Kalitan, that declared caps on non-economic damages (pain and suffering) unconstitutional. Options range from the futile and expensive to none.
Consumers paying for Florida legislature’s inaction on Assignment of Benefits (AOB) ‘scams’
TALLAHASSEE - Regular session for the Florida Legislature ended in early May without approval of legislation that would have squashed a new rash of insurance scams involving car windshield replacements, and help reverse a rapid increase in insurance rates stemming from these and related fraudulent activity.
Legal reform advocates not optimistic in advance of med mal ruling at Florida Supreme Court
TALLAHASSEE - Tort reform advocates in Florida say they expect the state Supreme Court to overturn a 2013 law enacted to “level the playing field” for defendants and their attorneys in medical malpractice cases.
Recent state court rulings place workers' comp attorney fee schedules in question
Workers’ compensation laws that impose caps on claimants’ attorney fees may be vulnerable with recent state supreme court decisions toppling fee schedules in Florida and Utah.
Higher payouts for lawyers and increased work comp rates will lead to at least $1B in unfunded liability, experts say
TALLAHASSEE - The Florida legislature has no plans to schedule a special legislative session to address a sharp increase in workers’ compensation rates recently approved for businesses statewide, legislative sources say.
Expert witness standard Daubert debated before Florida Supreme Court
TALLAHASSEE - The fate of the standard in Florida covering the admissibility of expert
witnesses in civil and criminal cases is now in the hands of the Florida Supreme Court.
Recent state court rulings place work comp attorney fee schedules in question
TALLAHASSEE – Workers’ compensation laws that impose caps on claimants’ attorney fees may be vulnerable with recent state supreme court decisions toppling fee schedules in Florida and Utah.
Job growth threatened by recommended increase in workers' comp rates
Florida business leaders warned late last week that a recommended 19.6 percent jump in workers’ compensation rates will jeopardize a run of job growth in the state stretching back over four years.
Businesses, politicos await WC rating bureau’s impact analysis of Supreme Court ruling
Florida’s business and insurance leaders are predicting workers' compensation rates will jump at least 20 percent in light of a Supreme Court decision striking limits on attorney fees.
Property carriers seek relief from ‘assignment of benefits’ abuse; Claims have jumped 46 percent since 2010
Claims have jumped 46 percent since 2010 in a period with no major storms or hurricanes. The carriers are being hit by a storm of another kind: some contractors and attorneys are getting homeowners to assign policy benefits (AOB) to them, and then trumping up the claims.
Daubert vs. Frye: Florida Supreme Court sets oral arguments over expert testimony standard
TALLAHASSEE - Oral arguments have been set for Sept. 1 to decide the standard Florida courts will use to approve expert testimony in civil and criminal cases.
Appeals court affirms AG's power to dismiss whistleblower lawsuits; Business hopes ruling will discourage meritless claims
TALLAHASSEE - A Florida appeals court last week reaffirmed the state attorney general's authority to dismiss a whistleblower action under the state’s False Claims Act, even in cases in which the state chooses not to intervene in the action.