In March 2014, the Supreme Court of Florida accepted jurisdiction on the latest challenge to Florida’s attorney fee provision. The Supreme Court is set to hear oral argument on MARVIN CASTELLANOS vs. NEXT DOOR COMPANY, ET AL., on November 5, 2014.
At stake, is the constitutionality of F.S. 440.34, specifically whether it violates the United States and Florida constitutional protections of due process, equal protection, and access to courts. Castellanos is the second case in which Florida’s Supreme Court will address the 2003, and now 2009, legislative amendments that limit the amount of attorney’s fees that can be awarded/approved by the trial level judge in workers’ compensation cases.
The attorneys at MRG are monitoring this, and other cases, in light of its potential impact on claims handling and litigation management.