Florida’s legal climate continues

Poll: Florida Legal Climate Not Good WCTV.tv April 23, 2008 TALLAHASSEE – Florida’s legal climate continues to be weakened by the attack on the state’s civil justice system by plaintiffs’ attorneys, according to two recent polls released by the U.S. Chamber Institute for Legal Reform. Florida’s legal climate was ranked 42nd in the nation, according to an assessment of state liability systems released today by the U.S. Chamber’s Institute for Legal Reform (ILR) conducted by Harris Interactive. The state’s legal climate has slipped from 36th just last year, leaving only eight states with worse legal climates than Florida, according to the survey. The study also found that Miami-Dade remains one of the 10 least fair and reasonable legal environments in the country, primarily as a result of a growing concern among the national business community over the size of non-economic and punitive damages awarded in lawsuits filed in Florida. “The plaintiffs’ bar continues to chip away at Florida’s legal climate,” said William Large, president of the Florida Justice Reform Institute. “If this weakening of our civil justice system continues it will have far-reaching impacts beyond the courtroom.” Perceptions about Florida’s legal climate continues to decline, despite the passage of several key civil justice reforms in recent years, including abolishing joint and several liability under former Gov. Jeb Bush. Florida’s plaintiffs’ attorneys continue attempting to undo these reforms but are also coming up with new ways to weaken our civil justice system and target Florida businesses for lawsuits. During the ongoing 2008 legislative session the plaintiffs’ bar is advocating the passage of several pieces of legislation that would increasingly weaken Florida’s civil justice system, including: Legislation to largely dismantle Florida’s arbitration system Creating a complex regulatory scheme for nursing homes that would make more entities responsible in nursing home negligence claims Impose civil liabilities on the mortgage and banking industry Creating several new lawsuit opportunities against insurance companies. They have also filed legal challenges with the Florida Supreme Court in an attempt to invalidate the workers’ compensation reforms approved by the Legislature in 2003. Additionally, they are filing multiple legal challenges to the medical malpractice reforms also passed in 2003 by the Legislature. Many of the challenges are focused on the limitations on attorneys’ fees, a measure that has helped stabilize workers’ compensation and medical malpractice costs which had been skyrocketing in Florida prior to the reforms. “The plaintiffs’ bar is working day and night to block further reforms and to roll back the existing ones,” said Tom Donohue, president and CEO of the U.S. Chamber of Commerce. A separate survey of Florida business owners found 86 percent believe lawsuits targeting businesses are a serious problem, 61 percent think the number of unfair lawsuits against businesses in Florida will increase over the next five years, and 65 percent want the Florida Legislature to enact new laws to help protect business from unfair suits. Florida’s litigious climate has resulted in one-in-five business owners being sued in the last two to three years. This finding is dramatically higher among the largest businesses in Florida with 58 percent being sued in recent years. “If this trend continues, Florida won’t just be slipping in national perceptions, businesses will begin flee the state, no new ones will come -- our legal climate will flat line the state’s economy,” Large said. “Florida’s legal system must be reasonable and balanced, not a haven for lawsuits for which Florida’s businesses and citizens pay the price.”