March 26, 2024

More homers, fewer singles

Florida’s trial lawyers sure know how to play defense.

Lawmakers are nearing the halfway mark of the 2022 Legislative Session, and it looks like an effort to get the Legislature to further restrict or change the rules regarding litigation appears to be over.

Business leaders and organizations that promote lawsuit protections said this week that they were not expecting this year’s Session to yield additional lawsuit restrictions for Florida businesses.

Tom Gaitens, executive director of the Florida chapter of Citizens Against Lawsuit Abuse, pitched it this way: “We are hitting singles right now. The reality is we need home runs; they may not come this Session.”

The one exception could be a COVID-19 bill that would shield nursing homes, hospitals and physicians from lawsuits connected to the pandemic.

That bill is poised to be considered by the House this week. If passed, those health care providers would have protections until July 2023.

But business interests wanted more.

NFIB Florida Executive Director Bill Herrle, who joined Gaitens at a news conference to discuss litigation, said his group wanted the Legislature this year to consider changing the law to require plaintiffs to disclose to the defendants if third parties are providing financing for their litigation. No member filed a bill.

Herrle also said NFIB wanted to reduce when attorney fee “multipliers” could be awarded to plaintiff’s attorneys. There’s a bill in the Senate…

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