41 Fla. L. Weekly D1016bTop of Form Attorney’s fees — Proposal for settlement — Trial court erred by denying award of attorney’s fees to defendant pursuant to proposal for settlement on the ground that the proposal was made by the defendant as a corporation, but the defendant had been converted to a limited liability company Read More »

41 Fla. L. Weekly D995aTop of Form Insurance — Uninsured motorist — Damages — Future medical expenses — Evidence — Expert — Trial court erred in allowing orthopedic surgeon’s physician assistant to give his opinion on insured’s need for future surgery and the costs associated with such surgery STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, Read More »

41 Fla. L. Weekly D985aTop of Form Workers’ compensation — Attorney’s fees — Contracts — Non-contingent hourly attorney’s fees — Constitutionality of statutory fee restrictions — Appeal from orders denying approval of retainer agreements pursuant to which claimant and her union would pay attorney an hourly fee from their own funds to pursue claim for Read More »

41 Fla. L. Weekly D998cTop of Form Insurance — Assignment of benefits — Where assignment of benefits from insured to plaintiff was clear and unambiguous, it was error to allow introduction of extrinsic evidence to determine meaning of agreement — Assignment of insurance benefits transferred to assignee standing to litigate coverage issue raised by insurer Read More »

41 Fla. L. Weekly S197bTop of Form Workers’ compensation — Attorney’s fees — Mandatory fee schedule in section 440.34, Florida Statutes (2009), which creates an irrebutable presumption that precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional under both the Florida and United States Constitutions as a violation Read More »