Florida Defense Lawyers Association

Florida Defense Lawyers Association Amicus Committee

The FDLA Amicus Committee works to ensure that FDLA has a presence in cases involving significant issues at both the supreme court and district court of appeal levels. The Association has a strong list of people who are willing to prepare amicus briefs for FDLA.

The Amicus Committee, chaired by Caryn Bellus, has started an email list which is used to keep amicus committee members informed of current cases in which FDLA is involved, and to recruit brief writers for new cases. To date FDLA has not had any legitimate requests for amicus briefs that have not been fulfilled.

FDLA is currently involved as amicus in ten pending cases. These current cases, along with their issues, follow.

A major area of improvement that FDLA needs to make is in being more pro-active in identifying significant cases which warrant FDLA involvement. To date, FDLA has felt successful if it could get an amicus brief done when a defense attorney requested one. The Amicus Committee would like to affirmatively seek out cases in which FDLA could contribute amicus help. In addition to ensuring that FDLA is fully utilizing the great brief-writing resources it has, and that FDLA has a strong presence in the courts, we hope that this will make both member and non-member defense attorneys more aware of one of the major benefits FDLA offers.

Identifying important supreme court cases is generally as easy as reading the Florida Law Weekly and noting which significant issues have been decided (or certified) by the DCAs, then calling the parties to see if they plan to take the case to the supreme court, and if they'd like amicus help. The Amicus Committee has done this in two cases, and the defense attorney was thrilled. The Amicus Committee plans to create a subcommittee of "case-watchers" from each DCA who will be charged with identifying important decisions from each district that will likely go to the supreme court.

Of course, many important cases do not go to the supreme court. However, FDLA's presence in DCA cases has been limited. This is largely because very few people other than the parties are aware that an important issue is pending in the DCA until the opinion is issued. FDLA relies on the defense attorneys in those cases to call for help, and FDLA needs to make our members more aware that they can and should call for amicus help if they have such a case.

Amicus Committee Chair

Caryn Bellus, Esquire
Kubicki Draper
25 West Flagler Street Penthouse
Miami,FL 33130
Phone: (305)982-6634
Fax: (305)374-7846
Email: cb@kubickidraper.com

Pending FDLA Amicus Cases

CASE STYLE: American Optical v. Williams

COURT: Florida Supreme Court (Fourth DCA: 4D07-405, 4D07-407)

CASE NO.: SC08-1616

ISSUE: The issues presented in this consolidated appeal involve the application of the Asbestos and Silica Compensation Fairness Act (“ASCFA”) to claims of various plaintiffs and whether requiring a plaintiff to actually suffer physical impairment prior to filing suit violates due process.

STATUS: FDLA filed an amicus brief in support of Appellant on August 20, 2009. Oral argument is set for February 10, 2010.

ATTORNEY:
Matthew J. Conigliaro, Esq.
Carlton Fields, P.A.
P.O. Box 3239
Tampa,FL 33601
Phone: (727) 821-7000 ext. 7243
Fax: (727) 822-3768
Email: mconigliaro@carltonfields.com

FDLA ATTORNEY(S):
Caryn L Bellus
Kubicki Draper
25 West Flagler Street Penthouse
Miami,FL 33130
Phone: (305)982-6634
Fax: (305)374-7846
Email: cb@kubickidraper.com

CASE STYLE: Archbishop v. Maynoldi

COURT: Third District Court of Appeal

CASE NO.: 3D08-1648

ISSUE: This case involves the liability of a school for non-school sponsored and off campus activities, including the unsanctioned consumption of alcohol.

STATUS: FDLA filed an amicus brief in support of Appellant on March 4, 2009. Oral Argument was held on November 2, 2009. To date, no decision has been issued.

ATTORNEY:
Alina Alonso, Esq.
Carlton Fields
100 SE 2 Street
Miami,FL 33131
Phone: (305) 530-0050
Fax: (305) 530-0055
Email: aalonso@carltonfields.com

FDLA ATTORNEY(S):
Harold R Mardenborough Jr
Carr Allison Pugh Howard Oliver & Sisson
305 S Gadsden St
Tallahassee,FL 32301-1811
Phone: (850)222-2107
Fax: (850)222-8475
Email: hmardenborough@carrallison.com

CASE STYLE: Gardner v. Tampa General Hospital

COURT: Second District Court of Appeal

CASE NO.: 2D08-5054

ISSUE: This case involves the constitutionality of §766.201 and §766.207, Florida Statutes, and the statutory limitations of damages in medical malpractice cases.

STATUS: FDLA filed a joint amicus brief with Florida Hospital Association (FHA) and Florida Medical Association (FMA) in support of Appellee on April 30, 2009. Oral Argument was held before the 2DCA Judges Altenbernd, Villanti and LaRose, on September 30, 2009. To date, no decision has been issued.

ATTORNEY:
Mara B. Levy, Esq.
McCumber, Daniels, Buntz, Hartig & Puig P.A.
4830 West Kennedy Blvd.Suite 300
Tampa,FL 33609
Phone: (813) 287-2822 ext. 15
Fax: (813) 287-2833
Email: mlevy@mccumberdaniels.com

FDLA ATTORNEY(S):
Andrew S Bolin
Beytin McLaughlin McLaughlin, Bolin
201 N Franklin St #2900
Tampa,FL 33602
Phone: (813)226-3000
Fax: (813)273-4396
Email: asb@law-fla.com

Jeffery M. Scott, Esq. (FMA), Esquire
General Counsel
Florida Medical Association
123 S. Adams Street
Tallahassee,FL 32301
Phone: (850) 224-6496
Fax: (850) 222-8030
Email: jscott@medone.org

CASE STYLE: Genovese v. Provident Life

COURT: Florida Supreme Court (Fourth DCA - 4D06-421)

CASE NO.: SC06-2508

ISSUE: This case involves a certified question challenging the existence of an attorney-client privilege between defense lawyers and their insurer clients when a bad faith claim is filed in a first-party lawsuit.

STATUS: FDLA filed an amicus brief in support of Respondent on April 13, 2009. Oral Argument was held on August 31, 2009. To date, no decision has been issued.

ATTORNEY:
Jeffrey M. Landau, Esq.
Shutts & Bowen
201 S Biscayne Blvd.
Miami,FL 33131
Phone: (305) 358-6300
Fax: (305) 381-9982
Email: jml@shutts.com

FDLA ATTORNEY(S):
Anthony J Russo
Butler Pappas Weihmuller Katz Craig LLP
777 S Harbour Island Blvd #500
Tampa,FL 33602
Phone: (813)281-1900
Fax: (813)281-0900
Email: arusso@butlerpappas.com

CASE STYLE: Glenn v. All Children’s Hospital

COURT: Florida Supreme Court (Second DCA - 2D02-1638)

CASE NO.: SC08-1317

ISSUE: This case involves the applicability of the notice provisions under The Florida Neurological Injury Compensation Act (“NICA”).

STATUS: FDLA filed a joint amicus brief with Florida Hospital Association in support of Respondent on April 17, 2009. Oral Argument was held on August 31, 2009. To date, no decision has been issued.

ATTORNEY:
C. Howard Hunter, Esq.
Hill, Ward & Henderson, P.A.
P.O. Box 2231
Tampa,FL 33601
Phone: (813) 221-3900
Fax: (813) 221-2900
Email: hhunter@hwhlaw.com

FDLA ATTORNEY(S):
Andrew S Bolin
Beytin McLaughlin McLaughlin, Bolin
201 N Franklin St #2900
Tampa,FL 33602
Phone: (813)226-3000
Fax: (813)273-4396
Email: asb@law-fla.com

CASE STYLE: Kiesel v. Isabelle

COURT: Second District Court of Appeal

CASE NO.: 2D08-5725

ISSUE: This case involves the constitutionality of the caps on non-economic damages in medical malpractice cases.

STATUS: FDLA filed a joint amicus brief with Florida Hospital Association in support of Appellant on July 29, 2009. Oral Argument was held on November 17, 2009. To date, no decision has been issued.

ATTORNEY:
Marie A. Borland, Esq.
Hill, Ward & Henderson, P.A.
101 East Kennedy Blvd. Suite 3700
Tampa,FL 33602
Phone: (813) 221-3900
Fax: (813) 221-2900
Email: mborland@hwhlaw.com

FDLA ATTORNEY(S):
Andrew S Bolin
Beytin McLaughlin McLaughlin, Bolin
201 N Franklin St #2900
Tampa,FL 33602
Phone: (813)226-3000
Fax: (813)273-4396
Email: asb@law-fla.com

CASE STYLE: Prince v. Mallari

COURT: Fifth District Court of Appeal

CASE NO.: 5D09-2365

ISSUE: This case involves the question of whether the Defendant should be permitted to have a videographer present at a compulsory medical examination to videotape the exam where the Plaintiff chooses to have a videographer at the exam.

STATUS: FDLA filed an amicus brief in support of Respondent on August 13, 2009. This matter is fully briefed and are waiting to see if the appellate court will schedule oral argument or issue an opinion.

ATTORNEY:
Cynthia Lally, Esq.
Leeper & Haftel, P.A.
218 Annie Street
Orlando,FL 32806
Phone: (407) 488-1881
Fax: (407) 488-1999
Email: clally@lhlaworlando.com

FDLA ATTORNEY(S):
Sharon C Degnan
Kubicki Draper
One E Broward Blvd #1600
Ft Lauderdale,FL 33301
Phone: (954)768-0011
Fax: (954)768-0514
Email: scd@kubickidraper.com

CASE STYLE: Rippy v. Shepard

COURT: Florida Supreme Court (First District Court of Appeal - 1D07-6626)

CASE NO.: SC09-1677

ISSUE: The issue involves the potential expansion of the dangerous instrumentality doctrine to certain farm vehicles.

Where the First District ruled consistent with the position supported by Ms. Bellus and Ms. Degnan that a farm tractor is not a dangerous instrumentality.

STATUS: In the First District Court of Appeal, FDLA filed an amicus brief in support of Appellee on June 30, 2008. A per curiam affirmance was issued on August 6, 2009. This case is now pending on jurisdiction in the Florida Supreme Court.

ATTORNEY:
Jennifer Lester, Esq.
Dell Graham, P.A.
203 NE 1st Street
Gainesville,FL 32601
Phone: (352) 372-4381
Fax: (352) 376-7415
Email: jlester@dellgraham.com

FDLA ATTORNEY(S):
Caryn L Bellus
Kubicki Draper
25 West Flagler Street Penthouse
Miami,FL 33130
Phone: (305)982-6634
Fax: (305)374-7846
Email: cb@kubickidraper.com

Sharon C Degnan
Kubicki Draper
One E Broward Blvd #1600
Ft Lauderdale,FL 33301
Phone: (954)768-0011
Fax: (954)768-0514
Email: scd@kubickidraper.com

CASE STYLE: QBE Insurance v. Chalfonte Condominium

COURT: Florida Supreme Court (Second DCA - 2D08-10009, 2D08-10783, 2D08-11337)

CASE NO.: SC09-441

ISSUE: This case is pending on certified questions from the Eleventh Circuit Court of Appeals. The appeal challenges an order permitting the plaintiff to try a claim for breach of implied warranty of good faith and fair dealing, and essentially try a bad faith claim prematurely, at the same time as a first party breach of contract claim.

STATUS: FDLA filed a joint amicus brief with Federation of Defense and Corporate Counsel in support of Petitioner on May 20, 2009. Oral argument is set for March 4, 2010.

ATTORNEY:
Rodolfo Sorondo, Jr., Esq.
Holland & Knight
701 Brickell Avenue Suite 3000
Miami,FL 33131
Phone: (305) 789-7596
Fax: (305) 679-6367
Email: rsorondo@hklaw.com

CASE STYLE: State Farm v. Millennium

COURT: Miami-Dade County, Appeals Department

CASE NO.: 08-513 AP / 09-071 AP

ISSUE: This case involves a challenge of a denial of attorney’s fees and costs proposed upon a proposal for settlement despite the PIP insurer’s having obtained final summary judgment in its favor premised upon the IME “No Show” defense.

STATUS: FDLA filed an amicus brief in support of Appellant on August 14, 2009. At this time, the appeal has been stayed.

ATTORNEY:
Hinda Klein, Esq.
Conroy, Simber, et. at.
3440 Hollywood Blvd. 2nd Floor
Hollywood,FL 33021
Phone: (954) 961-1400 ext. 1248
Email: hklein@conroysimberg.com

CASE STYLE: St. Louis v. FIU

COURT: Third District Court of Appeal

CASE NO.: 3D08-2316

ISSUE: This case involves the constitutionality of §760.11, Florida Statutes, the Florida Civil Rights Act, in cases involving public employees, and the limitations on damages under §768.28, Florida Statutes.

STATUS: FDLA filed an amicus brief in support of Appellee on May 28, 2009. Oral argument was held before the Third District Court of Appeal on October 26, 2009. To date, no decision has been issued.

ATTORNEY:
Ingrid Ponce, Esq.
Stearns, Weaver
150 W Flagler Street Suite 2200
Miami,FL 33130
Phone: (305) 789-3200
Fax: (305) 789-3395
Email: iponce@stearnsweaver.com

FDLA ATTORNEY(S):
Robert J Sniffen
Sniffen Law Firm PA
123 North Monroe Street
Tallahassee,FL 32301
Phone: (850)205-1996
Fax: (850)205-3004
Email: rsniffen@sniffenlaw.com

CASE STYLE: University of Florida v. Dannemann

COURT: United States Supreme Court (Florida Supreme Court - SC09-1006; First DCA - 1D08-3923)

CASE NO.: 09-725

ISSUE: The issue addressed in this case was whether §456.057(6), Florida Statutes (2005), relating to the confidentiality of patient medical information, can properly be construed and applied to prohibit communications between a physician and the physician’s employer, and between the physician and legal counsel.

STATUS: Petitioner filed a certiorari petition in the United States Supreme Court on December 17, 2009. FDLA anticipates appearing as amicus in support of Petitioner.

ATTORNEY:
Susan Kelsey, Esq.
Kelsey Appellate Law Firm, P.A.
115 N. Calhoun Street
Tallahassee,FL 32301
Phone: (850) 681-3511
Fax: (850) 681-3611
Email: susanappeals@embarqmail.com

FDLA ATTORNEY(S):
Andrew S Bolin
Beytin McLaughlin McLaughlin, Bolin
201 N Franklin St #2900
Tampa,FL 33602
Phone: (813)226-3000
Fax: (813)273-4396
Email: asb@law-fla.com

CASE STYLE: University of Florida v. Michlik

COURT: First District Court of Appeal

CASE NO.: 1D08-1551

ISSUE: The issue to be addressed is whether §456.057(6), Florida Statutes (2005), relating to the confidentiality of patient medical information, can properly be construed and applied to prohibit communications between a physician and the physician's employer, and between the physician and legal counsel. The Court addressed a related issue in Hannon v. Roper, 945 So. 2d 534 (Fla. 1st DCA) (Case No.: 1D06-389), rev. denied, 967 So. 2d 198 (Fla. 2007).

STATUS: FDLA filed a joint amicus brief with Florida Hospital Association (FHA) and Florida Medical Association (FMA) in support of Petitioner on July 18, 2009. The First District Court of Appeal issued an order on September 23, 2009 denying certiorari.

ATTORNEY:
Susan Kelsey, Esq.
Kelsey Appellate Law Firm, P.A.
115 N. Calhoun Street
Tallahassee,FL 32301
Phone: (850) 681-3511
Fax: (850) 681-3611
Email: susanappeals@embarqmail.com

FDLA ATTORNEY(S):
Caryn L Bellus
Kubicki Draper
25 West Flagler Street Penthouse
Miami,FL 33130
Phone: (305)982-6634
Fax: (305)374-7846
Email: cb@kubickidraper.com

Gail Leverett Parenti
Parenti & Parenti, P.A.
P.O. Box 500789
Marathon,FL 33050
Phone: (786)281-2516
Email: gp.theparentifirm@att.net

Jeffery M. Scott, Esq. (FMA), Esquire
General Counsel
Florida Medical Association
123 S. Adams Street
Tallahassee,FL 32301
Phone: (850) 224-6496
Fax: (850) 222-8030
Email: jscott@medone.org