The purpose of this summary provided by the Communications Department of The Florida Bar is to present media coverage that may be of interest to members. Opinions expressed in the articles are attributable solely to the authors. The Florida Bar does not adopt or endorse any opinions expressed below. For information on previous articles, please contact the publishing newspaper directly.
March 16, 2023
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The Florida Bar
HOUSE AND SENATE TORT BILLS COMING TOGETHER
The Florida Bar | Article | March 16, 2023
The Senate Judiciary Committee has signed off on sweeping litigation reforms, many long demanded by industry to combat “lawsuit abuse,” “nuclear verdicts,” and “billboard attorneys.” The committee voted 8-4 on March 14 to approve a revised SB 236 by Sen. Travis Hutson, R-Palm Coast. Hutson noted that the number of witnesses who submitted appearance cards fell from the first committee and suggested that changes resulting from negotiations with the House are mollifying critics. In nearly three hours of debate, critics blasted the proposal, saying it would deny just compensation to Florida’s most vulnerable. Supporters urged the sponsors to protect businesses and insurers from predatory lawsuits.
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Civil Justice
FEDERAL APPEALS COURT REVERSES, ALLOWS $5M BAD FAITH CLAIM VS. USAA TO PROCEED
Insurance Journal | Article | March 15, 2023
A panel of the U.S. 11th Circuit Court of Appeals, on Tuesday [March 14], reversed a trial court judgment, ruling that a jury should have been allowed to decide whether USAA’s failure to quickly settle a claim filed by a seriously injured motorist for the $10,000 policy limit amounted to bad faith. The case centers on a poorly executed handoff of a claims file from a retiring claims adjuster to his replacement, which Daniel Ilias, who suffered catastrophic injuries in a 2017 motor vehicle crash, alleged in a lawsuit amounted to bad faith. The U.S. District Court for the Middle District of Florida granted USAA’s motion for summary judgment, finding that no reasonable jury could find the insurer’s actions exhibited bad faith. The 11th Circuit remanded the case to the Middle District of Florida to proceed toward trial.
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Criminal Justice
ATTORNEY: EXECUTION DRUG VIOLATES GASKIN’S CONSTITUTIONAL RIGHT AGAINST CRUEL PUNISHMENT
Daytona Beach News-Journal | Article | March 15, 2023
An attorney for Louis Bernard Gaskin, Flagler County’s “Ninja killer,” is arguing that one of the drugs the state plans to use to execute him next month would cause excruciating pain and violate Gaskin’s Eighth Amendment right against cruel and unusual punishment, according to a motion filed on Tuesday [March 14]. The motion demanded the state produce records related to the drugs used in executions and specific records in the execution of several inmates. The motion states that etomidate is a short-acting anesthetic and the first of three drugs to be administered during an execution in Florida. But etomidate is “severely painful upon injection, producing a burning feeling” and has no analgesic properties, according to the motion. The motion cites several previous executions to support its contention about the drug.
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Civil Justice
BANNED BY TWITTER, FLORIDA LAWYERS TRY NEW TACK FOR REINSTATEMENT
Reuters | Article | March 15, 2023
Florida lawyers Jared and Elizabeth Lee Beck, who were both permanently suspended by Twitter four years ago, are trying a novel tack to have their accounts reinstated: They’re suing Twitter for breach of contract. The Becks see a slim opening to make their case stick where others have failed. Jared Beck was suspended after tweeting derisive comments about then-presidential candidate Kamala Harris. He says he wasn’t surprised by the ban, but he was shocked that neither he nor his wife and law partner Elizabeth have been able to get reinstated — even though new Twitter owner Elon Musk promised “general amnesty” to suspended account holders, provided they hadn’t broken the law or engaged in “egregious spam.” The Becks argue that because they never broke the law with their tweets or egregiously spammed, Twitter has materially breached its contract with them by failing to reinstate their accounts.
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Civil Justice
JUDGE TOSSES LAWSUIT AGAINST CITY OF TALLAHASSEE OVER ‘ABOLISH POLICE’ STICKER
Tallahassee Democrat | Article | March 15, 2023
On Monday [March 13], Judge Allen Winsor of the Northern District Court of Florida dismissed a lawsuit that alleged the City of Tallahassee violated former Citizen Police Review Board member Taylor Biro’s First Amendment rights when they removed her from the board. “When Biro brought a cup with an antipolice expression on it to Review Board meetings, she spoke in a manner inconsistent with the City’s interest in maintaining an unbiased Review Board,” Judge Winsor wrote. Winsor cited Pickering v. Board of Education, a First Amendment right’s case for public employees, and stated the case law favors the city. In his decision, Winsor said Biro’s cup with the “Abolish Police” sticker did not fulfill part of the Pickering four-part test which requires considering the “government’s interest in the effective and efficient fulfillment of its responsibilities to the public.”
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Legal Profession
‘SUPPORT MEANT THE WORLD TO ME’: SOUTH FLORIDA FEMALE PARTNERS ON HOW THEY CLIMBED THE LADDER
Daily Business Review | Article | March 15, 2023
As part of the legal industry’s long-overdue transformation towards greater inclusivity, some female partners in South Florida have leaned on support systems within their firms and among peers. Even in a state where diversity, equity and inclusion efforts have been politicized, many firms have embraced these programs, which have already succeeded in placing more women in leadership roles. As firms increase their share of female leaders, women can look to those leaders for advice and encouragement.