Guest post by Michael McCabe, Esquire
It has now been almost one year since the Florida Supreme Court, in Castellanos v. Next Door Co., held that statutory fee limitations on what an injured worker’s attorney could be paid were unconstitutional. In response, the insurance industry has raised workers’ compensation rates by almost 15%. Florida
Make plans now to attend the biggest employment law conference in Southwest Florida, HR Law & Solutions, now in its 25th year! Henderson Franklin’s Employment Law and Workers’ Compensation attorneys will return to Sanibel Harbour Marriott Resort & Spa in Fort Myers on Friday, March 10, 2017, for a fun-filled day of education.
Guest post by Bonita Springs Trust and Probate Litigation Attorney Richard Mancini:
As Clarence famously said in “It’s A Wonderful Life”:
Strange, isn’t it? Each man’s life touches so many other lives. When he isn’t around he leaves an awful hole, doesn’t he?”
Many plan for the time when their time on earth is over and plan to distribute their wealth to family and friends. Unfortunately, sometimes the plans aren’t clear or the plans forget an important aspect, which leads to fights and litigation after their passing. As we reflect back on 2016 and look to the future, it is critical to have a complete estate plan, but not just any plan.Continue Reading Reflecting on Trust and Probate Law with Richard Mancini
Guest post by Eric Gurgold, Florida Bar Board Certified Wills, Trust & Estate Expert
The IRS has just published proposed new regulations under Section 2704 of the Internal Revenue Code that could significantly impact planning for estates that may be subject to estate tax. If finalized, the proposed regulations would change how transfers of
Join Attorney Suzanne Boy on Wednesday, August 17, 2016 at Pelican Preserve (in the Magnolia Room – Town Center) as she presents “Wage and Hour Compliance: What the New Rule Really Means for Florida Employers.”
Tackling wage and hour issues is one of the most challenging (and potentially costly!) legal issues faced
Guest post by Michael McCabe, Esquire
Earlier today, the Florida Supreme Court rendered its opinion in the workers’ compensation case Westphal v. City of St. Petersburg. The Court held the 104 week limitation of Temporary Total Disability (“TTD”) benefits in section 440.15(2)(a), Florida Statutes, to be in violation of an injured workers’ constitutional right to access to courts. The remedy reached by the court is to “revert” to a pre-1994 version of 440.15(2)(a), which provided payment of up to 260 weeks (5 years) of TTD benefits, before an injured worker reaches what is referred to as Statutory Maximum Medical Improvement (“MMI”).
While the impact of the Court’s opinion will be broad, the facts of Westphal were quite rare. An injured worker had been paid TTD benefits for 104 weeks, was still on an off-work status, and the workers’ compensation physician refused to release the claimant to return to work or place the claimant at MMI, until additional surgery was performed.Continue Reading Breaking News: Florida Supreme Court Rules 104-week Limitation on Temporary Total Disability Payments Unconstitutional
Guest post by Workers’ Compensation Attorney Michael McCabe:
On April 28, 2016, the Florida Supreme Court entered its long-awaited decision in the case of Marvin Castellanos v. Next Door Company, et al. The Court held that the statutory limitations on Workers’ Compensation attorney’s fees created by the Florida Legislature violated the Due Process clause of both the Florida and United States Constitutions. Rather than a limited fee based on a percentage of the benefits actually secured, attorneys representing injured workers may now be awarded an hourly fee for time and effort reasonably spent litigating Workers’ Compensation benefits.
Out with the Old (Formula)
In 2009, the Florida Legislature amended Florida Statutes Section 440.34 to create an irrebuttable presumption that only allowed a judge to award a statutory guideline fee in a Workers’ Compensation case, instead of giving a judge the discretion to award either the statutory guideline fee or an hourly fee. This “guideline” resulted in the following formula that limited the amount an injured worker’s attorney could be paid to:
In Castellanos, this statutory formula resulted in an attorney’s fee of $822.70, despite the fact the worker’s attorney reasonably spent 107.2 hours litigating a complex case to secure benefits for his client. This made the effective rate for the attorney $1.53 per hour. The First District Court of Appeal affirmed the result, noting it was constrained to abide by the statutory formula, but it certified the question to the Florida Supreme Court.
In considering the constitutionality of the statutory attorney fee limitation, the Florida Supreme Court addressed:
Analysis of the DecisionContinue Reading Florida Supreme Court Finds Limitations on Workers’ Compensation Attorney’s Fees Unconstitutional
Guest post by Henderson Franklin Attorneys Suzanne Boy and Carlos Kelly
These are important questions, and like many questions involving the law, the answer is “It depends.” There are pros and cons to both arbitration and a traditional lawsuit in court. Arbitration can be (but is not always) faster. But faster doesn’t necessarily mean cheaper all the way around.
Is faster better?
For example, the filing and arbitrator fees can be significantly higher (at least double) than filing fees for many civil lawsuits. And, if arbitration is quicker than resolving a dispute in the court system, that may not necessarily translate to significantly smaller legal fees. Instead, a similar amount of work (discovery, pre-trial motions, and exchanging exhibits, for example) could take place in a shorter amount of time.
Arbitration can be useful if you have a dispute that you want to keep out of the public eye, though a noisy party on the other side of the case could still bring media or social media attention.
Proceeding through the court system can be (but is not always) slower than resolving a dispute through arbitration.
Can you appeal the decision?Continue Reading Business Owners: Should You Arbitrate or Should You Litigate in Court?
Whether you have 10 or 10,000 employees, running a business can be a challenge. Making decisions based on strategic reasoning is critical to the success and longevity of any company. How can members of the c-suite, as well as the small business owner, gain helpful insight into the boardroom and, at the same time, try and avoid the courtroom?
We cordially invite you and your top-level managers to join members of Henderson Franklin’s legal team on Tuesday, November 17, 2015 as they present the Southwest Florida C-Suite Summit at Sanibel Harbour Marriott Resort & Spa. Topics and speakers include:
The Recipe for Business Longevity presented by Attorneys Guy Whitesman (Chair, Business and Tax Department), Eric Gurgold (Chair, Estate Planning and Administration Department) and Mark Nieds (Intellectual Property Group). They will outline proven techniques and best practices to preserve, protect, and perpetuate your business. One size does not fit all. The panel will explore avenues to successful business perpetuation, liquidity events and the preservation of wealth.
The Comeback Kid: Southwest Florida’s Ongoing Economic Recovery. Attorneys Denis Noah (Chairman of the Horizon Council) and Russell Schropp (Horizon Council Task Force Chair) will provide a look at the state of Southwest Florida’s economic recovery – from a lawyer’s perspective!
Continue Reading Registration is Open — Southwest Florida C-Suite Summit
We are excited to announce that Suzanne Boy will be presenting at the Florida Law Alliance Employment Law Conference, taking place on Thursday, November 12, 2015 at the law offices of Hill, Ward & Henderson in Tampa, Florida. Henderson Franklin is a member of the Florida Law Alliance, a group of six independent law firms practicing throughout Florida. The firms have combined their knowledge, efforts, and resources to increase efficiency, lower costs, expand the scope and improve the quality of legal services each firm provides to its own clients.
Topics and Speakers
Avoiding and Defending Wage and Hour Class and Collective Actions presented by Attorney Craig Salner from the Clarke Silverglate firm in Miami. Employers know that the only lawsuit you win is the one that never gets filed. In the case of wage and hour litigation, this is particularly true of collective actions under the Fair Labor Standards Act (“FLSA”) and class actions under State law counterparts. This presentation will focus ways to defend class and collective actions or better yet, avoid them altogether.
Continue Reading LGBT, Social Media and EEOC Charges to be addressed at Fall Employment Law Conference