Florida Justice Association Research and Education Foundation

You may know Fred Levin as the father of the Florida tobacco lawsuits.  He rewrote the Florida Medicaid Third Party Recovery Act in 1993 to allow the state of Florida to sue the tobacco industry, eventually settling for $13 billion and forever changing the face of tobacco litigation in the United States.   But if not for a stubborn client who refused to settle an insurance case nearly 60 years ago, Fred might not have become a trial lawyer.  Among his many honors, is the Perry Nichols Award - the FJA’s most prestigious.  It’s given to an attorney whose perseverance, commitment, and unmatched dedication to the civil justice system is at the forefront of his or her life. Fred Levin, now age 80, sat down with Florida Justice Association Radio host Harvey Bennett in late August 2017 to discuss the keys to his success, his few regrets, the ethics problems he sees in the trial bar, and his advice to those practicing trial law today – or thinking about it. Show Notes: Fred is with the Levin Papantonio law firm in Pensacola, Florida -  www.levinlaw.com Resources Mentioned in this Podcast:Visit the Florida Justice Association Podcast Webpage for full details and extras on this podcast. The Titans of Trial podcast, sponsored by the Florida Justice Association Research and Education Foundation, features Florida’s legendary trial attorneys revealing their keys to success – in law practice and in personal life – in their own words.  Behind the sometimes tough courtroom veneer lies the heart of a champion advocate.  Sometimes whimsical, often inspirational, but always with practical advice and lessons, Titans of Trial shares the personal stories of the men and women who’ve made a demonstrated difference to the practice of trial law in Florida.

You may know Fred Levin as the father of the Florida tobacco lawsuits.  He rewrote the Florida Medicaid Third Party Recovery Act in 1993 to allow the state of Florida to sue the tobacco industry, eventually settling for $13 billion and forever changing the face of tobacco litigation in the United States.   But if not for a stubborn client who refused to settle an insurance case nearly 60 years ago, Fred might not have become a trial lawyer.  Among his many honors, is the Perry Nichols Award - the FJA’s most prestigious.  It’s given to an attorney whose perseverance, commitment, and unmatched dedication to the civil justice system is at the forefront of his or her life. Fred Levin, now age 80, sat down with Florida Justice Association Radio host Harvey Bennett in late August 2017 to discuss the keys to his success, his few regrets, the ethics problems he sees in the trial bar, and his advice to those practicing trial law today – or thinking about it. Show Notes: Fred is with the Levin Papantonio law firm in Pensacola, Florida -  www.levinlaw.com Resources Mentioned in this Podcast:Visit the Florida Justice Association Podcast Webpage for full details and extras on this podcast. The Titans of Trial podcast, sponsored by the Florida Justice Association Research and Education Foundation, features Florida’s legendary trial attorneys revealing their keys to success – in law practice and in personal life – in their own words.  Behind the sometimes tough courtroom veneer lies the heart of a champion advocate.  Sometimes whimsical, often inspirational, but always with practical advice and lessons, Titans of Trial shares the personal stories of the men and women who’ve made a demonstrated difference to the practice of trial law in Florida.

Florida’s most prominent trial lawyers in the past half century have a new designation – and a podcast to go with it: Titans of Trial.  In this new podcast series by the Florida Justice Association, we’ll meet the men and women who’ve not only won the big cases, but created positive social change by the rulings they’ve secured.  Along the way, they’ve also changed the way law is practiced today in Florida. Hosted by Paul Jess, Executive Director of the Florida Justice Association, the Titans of Trial podcast features Florida’s legendary trial attorneys revealing their keys to success – in law practice and in personal life – in their own words.  Sometimes whimsical, often inspirational, but always with practical advice and lessons, Titans of Trial shares the personal stories of the men and women who’ve made a difference to the practice of trial law in Florida. The Titans of Trial podcast is sponsored by the Florida Justice Association Research and Education Foundation. Visit the Florida Justice Association Podcast Webpage for full details and extras on this podcast.  On the web at www.FloridaJusticeAssociation.org or contact Ryan Banfill, Communications Director, at 850-521-1047.  Your questions, comments, and suggestions are welcome!  Date of recording 1-24-18.  Composer: www.TeleDirections.com

Florida’s most prominent trial lawyers in the past half century have a new designation – and a podcast to go with it: Titans of Trial.  In this new podcast series by the Florida Justice Association, we’ll meet the men and women who’ve not only won the big cases, but created positive social change by the rulings they’ve secured.  Along the way, they’ve also changed the way law is practiced today in Florida. Hosted by Paul Jess, Executive Director of the Florida Justice Association, the Titans of Trial podcast features Florida’s legendary trial attorneys revealing their keys to success – in law practice and in personal life – in their own words.  Sometimes whimsical, often inspirational, but always with practical advice and lessons, Titans of Trial shares the personal stories of the men and women who’ve made a difference to the practice of trial law in Florida. The Titans of Trial podcast is sponsored by the Florida Justice Association Research and Education Foundation. Visit the Florida Justice Association Podcast Webpage for full details and extras on this podcast.  On the web at www.FloridaJusticeAssociation.org or contact Ryan Banfill, Communications Director, at 850-521-1047.  Your questions, comments, and suggestions are welcome!  Date of recording 1-24-18.  Composer: www.TeleDirections.com

The Florida Legislature ended its regular session this week and with it, the hope of any fair reform or needed enhancement on several crucial issues for Florida consumers.   Among them, bills on: Workers Compensation Insurance, Automobile Insurance, and Assignment of Benefits.  None passed the legislature.  What happened?  And is no bill better than a bad bill with some of these issues? Paul Jess, Interim Executive Director of the Florida Justice Association and Jeff Porter, FJA's Director of Legislative & Political Affairs share what happened behind the scenes and what's needed now to make progress in the upcoming 2018 legislative session.  This includes a call-to-action to FJA members to refer clients to FJA who don't have enough auto coverage. Resources mentioned in this podcast: Workers’ Compensation Bills - HB 7085, SB 1582 Automobile Insurance Bills - HB 1063, SB 1766, HB 461, SB 156, www.ResponsibilityFlorida.com Assignment of Benefits Bills - HB 1421

The Florida Legislature ended its regular session this week and with it, the hope of any fair reform or needed enhancement on several crucial issues for Florida consumers.   Among them, bills on: Workers Compensation Insurance, Automobile Insurance, and Assignment of Benefits.  None passed the legislature.  What happened?  And is no bill better than a bad bill with some of these issues? Paul Jess, Interim Executive Director of the Florida Justice Association and Jeff Porter, FJA's Director of Legislative & Political Affairs share what happened behind the scenes and what's needed now to make progress in the upcoming 2018 legislative session.  This includes a call-to-action to FJA members to refer clients to FJA who don't have enough auto coverage. Resources mentioned in this podcast: Workers’ Compensation Bills - HB 7085, SB 1582 Automobile Insurance Bills - HB 1063, SB 1766, HB 461, SB 156, www.ResponsibilityFlorida.com Assignment of Benefits Bills - HB 1421

FJA Interim Executive Director Paul Jess discusses the progress of our civil justice agenda in the fourth week of the 2017 legislative session and what’s to come. Tune in!

FJA Interim Executive Director Paul Jess discusses the progress of our civil justice agenda in the fourth week of the 2017 legislative session and what’s to come. Tune in!

In a major victory for civil justice advocates, the Florida Supreme Court in February 2017 threw-out the Daubert Standard of expert witness testimony, pointing to “grave constitutional concerns.”  Four years earlier, the Florida Legislature passed Daubert into statute as a replacement to the longstanding Frye Standard, after pressure from business interests. But the Court declined to adopt it, as well as the “Same Specialty” rule, siding with the Florida Bar and FJA’s concerns that doing so would risk undermining the right to a jury trial and deny access to the courts. Troy Rafferty and Paul Jess, who championed the Florida Justice Association’s successful efforts to eliminate the Daubert Standard in Florida courts explain in this program why the Court’s decision on expert testimony is so important for Florida’s trial attorneys and warn practitioners that it’s still critical to have Daubert ruled unconstitutional, to the extent it is procedural. Program Note: Attorneys who are facing this argument and want to preserve the constitutional challenge to Daubert can refer to the arguments made in Nixon vs. R.J. Reynolds Tobacco Company (http://bit.ly/RJRcase) in the 15th Judicial Circuit Court, Palm Beach County, February 27, 2017.  Other documents of reference mentioned in this podcast: Report of the Florida Bar Code and Rules of Evidence Committee(http://bit.ly/SCOFLAFLBAR) Baricko v. Barnett Transportation (Workers' Compensation)(http://bit.ly/Baricko)

In a major victory for civil justice advocates, the Florida Supreme Court in February 2017 threw-out the Daubert Standard of expert witness testimony, pointing to “grave constitutional concerns.”  Four years earlier, the Florida Legislature passed Daubert into statute as a replacement to the longstanding Frye Standard, after pressure from business interests. But the Court declined to adopt it, as well as the “Same Specialty” rule, siding with the Florida Bar and FJA’s concerns that doing so would risk undermining the right to a jury trial and deny access to the courts. Troy Rafferty and Paul Jess, who championed the Florida Justice Association’s successful efforts to eliminate the Daubert Standard in Florida courts explain in this program why the Court’s decision on expert testimony is so important for Florida’s trial attorneys and warn practitioners that it’s still critical to have Daubert ruled unconstitutional, to the extent it is procedural. Program Note: Attorneys who are facing this argument and want to preserve the constitutional challenge to Daubert can refer to the arguments made in Nixon vs. R.J. Reynolds Tobacco Company (http://bit.ly/RJRcase) in the 15th Judicial Circuit Court, Palm Beach County, February 27, 2017.  Other documents of reference mentioned in this podcast: Report of the Florida Bar Code and Rules of Evidence Committee(http://bit.ly/SCOFLAFLBAR) Baricko v. Barnett Transportation (Workers' Compensation)(http://bit.ly/Baricko)

The Florida Legislature is facing a monumental challenge when it convenes in March: How to address a workers’ compensation insurance system which the Florida Supreme Court has determined to be “fundamentally unconstitutional” with respect to certain rights and remedies. Richard Chait and Kim Syfrett, both leaders with the Florida Justice Association and Florida Workers' Advocates, share their insight in this program on the Court’s rulings and the challenges faced by their clients who routinely face delay or denial of the provision of medical treatment and related benefits in what they view to be a “fractured system” in Florida. Chait details the Florida Justice Association’s four pillars geared toward positively reforming the system in this upcoming legislative session: 1. The need for transparency and competition in the ratemaking process 2. Some element of choice in the provision of medical treatment by the injured worker 3. Revitalization of the post-maximum medical improvement benefit for those who suffer career-altering injuries 4. Codify the Supreme Court’s decision in Castellanos to ensure access to court through reasonable attorney’s fees when benefits are wrongfully denied You’ll also hear about the ever-growing “cocoon of collateral interests” which has spun so tightly around the core principles of workers’ comp through the extensive reforms over the years that we can no longer appreciate its underlying intent – to make sure the injured employee is taken care of. Program Note: Personal injury law will be one of the major topics at the upcoming Florida Justice Association’s 2017 Workhorse Seminar in Orlando from Wednesday February 28th through Friday, March 3rd. Registration is available at www.FloridaJusticeAssociation.org

The Florida Legislature is facing a monumental challenge when it convenes in March: How to address a workers’ compensation insurance system which the Florida Supreme Court has determined to be “fundamentally unconstitutional” with respect to certain rights and remedies. Richard Chait and Kim Syfrett, both leaders with the Florida Justice Association and Florida Workers' Advocates, share their insight in this program on the Court’s rulings and the challenges faced by their clients who routinely face delay or denial of the provision of medical treatment and related benefits in what they view to be a “fractured system” in Florida. Chait details the Florida Justice Association’s four pillars geared toward positively reforming the system in this upcoming legislative session: 1. The need for transparency and competition in the ratemaking process 2. Some element of choice in the provision of medical treatment by the injured worker 3. Revitalization of the post-maximum medical improvement benefit for those who suffer career-altering injuries 4. Codify the Supreme Court’s decision in Castellanos to ensure access to court through reasonable attorney’s fees when benefits are wrongfully denied You’ll also hear about the ever-growing “cocoon of collateral interests” which has spun so tightly around the core principles of workers’ comp through the extensive reforms over the years that we can no longer appreciate its underlying intent – to make sure the injured employee is taken care of. Program Note: Personal injury law will be one of the major topics at the upcoming Florida Justice Association’s 2017 Workhorse Seminar in Orlando from Wednesday February 28th through Friday, March 3rd. Registration is available at www.FloridaJusticeAssociation.org

Noted Workers' Compensation attorneys Kim Syfrett and Richard Chait return to FJA Radio for a no-holds barred discussion in this second part of our Workers’ Compensation program to share their reaction to the Florida business community’s reform proposal to a system the state Supreme Court ruled last year as “fundamentally unconstitutional.”   In what they describe as a “shock to the conscience”, Kim and Richard reveal that the Associated Industries of Florida proposal would eliminate a more than 70 year-old carrier-paid obligation for attorney fees when benefits are wrongly denied.  Fourteen years of eroding workers’ benefits during past reforms and “incredulous profits by insurance companies” shares Richard,  has now created a situation where the only way to prevent total fracture of the system and fall into a tort system under the AIF proposal, would be to institute a bad faith remedy. “Essentially what the (business) industry is saying with this proposal is ‘We’re going to keep our right to choose your doctor, we’re going to keep our right to decide whether you get the medical treatment that doctor recommends, and when we decide that we don’t want to give it to you, we’re going to make you pay to show that we were wrong.  And there’s not going to be any consequence for our wrongful denial.’” - Attorney Kim Syfrett

Noted Workers' Compensation attorneys Kim Syfrett and Richard Chait return to FJA Radio for a no-holds barred discussion in this second part of our Workers’ Compensation program to share their reaction to the Florida business community’s reform proposal to a system the state Supreme Court ruled last year as “fundamentally unconstitutional.”   In what they describe as a “shock to the conscience”, Kim and Richard reveal that the Associated Industries of Florida proposal would eliminate a more than 70 year-old carrier-paid obligation for attorney fees when benefits are wrongly denied.  Fourteen years of eroding workers’ benefits during past reforms and “incredulous profits by insurance companies” shares Richard,  has now created a situation where the only way to prevent total fracture of the system and fall into a tort system under the AIF proposal, would be to institute a bad faith remedy. “Essentially what the (business) industry is saying with this proposal is ‘We’re going to keep our right to choose your doctor, we’re going to keep our right to decide whether you get the medical treatment that doctor recommends, and when we decide that we don’t want to give it to you, we’re going to make you pay to show that we were wrong.  And there’s not going to be any consequence for our wrongful denial.’” - Attorney Kim Syfrett

Attorney Dana Brooks Cooper has authored a new presentation titled “Managing Millennials in Your Law Firm and Marketing to Millennials”. She reveals how millennials are different in their attitudes and approach to life, how they affect your law practice as both clients and employees, and how best to manage the relationship. Her presentation will premiere at the Florida Justice Association Workhorse Seminar later in Orlando, February 28 to March 3, 2017. Ms. Brooks is a Partner in the Tallahassee firm Barrett, Fasig & Brooks.