TALLAHASSEE – The Florida Trucking Association’s efforts to reshape the state’s civil litigation climate during this year’s legislative session have shifted into high gear in the wake of a state Supreme Court ruling changing the summary judgment standard.
“It’s very difficult,” the FTA’s president, Ken Armstrong, said of the state’s current litigation environment. “Every year we are ranked among the worst states in the country in terms of legal climate.”
But the FTA and other business associations are hopeful that Florida’s adoption of the federal standard for summary judgments in civil cases – a rule set to take effect May 1 – will provide more fairness at the trial court level, Armstrong told the Florida Record. The new rule, which is currently in effect in 38 states, shifts the burden of proof in a way that will help to root out meritless claims, he said.
“This is going to reduce frivolous lawsuits in Florida dramatically,” Armstrong said. “That is a huge game-changer for us.”
Under a summary judgment, a court finds that key factual issues alleged in a claim are settled law, rendering a trial unnecessary.
The FTA is also working in conjunction with other business associations, including the Florida Chamber of Commerce and the Associated Industries of Florida, to pass COVID-19 legal liability protections for businesses that took reasonable precautions to protect employees and customers during the pandemic.
“This will stop the plaintiffs’ bar essentially in its tracks in filing covid lawsuits against businesses,” Armstrong said.
Other litigation reforms the FTA is supporting this year include putting controls on inflated medical damages awards. The idea is to make sure that juries can be informed about the amount paid toward plaintiff injuries, not the amount initially billed, he said.
“There are huge restrictions on what the defense can get before the jury,” Armstrong said.
The FTA would also like the state legislature to address the issue of litigation financing by third parties. Some states have disallowed such financing over concerns about third parties with financial interests gaining control over the cases filed, he said. But Florida might also simply require that third-party funding arrangements be disclosed to juries, according to Armstrong.
Too often in Florida, plaintiffs’ attorneys file cases in an attempt to win settlements from businesses wanting to cut their losses, he said.
“In Florida, there’s not much of a disincentive to file a frivolous lawsuit,” Armstrong said.