I recently received The U.S. Chamber of Commerce's annual survey that ranks the States by which have the most favorable and unfavorable litigation climates for businesses. Unfortunately, Florida turned in its worst survey score ever, ranking 44th. With only six states scoring lower, it seems that our State has a lot to correct in order to promote healthy economic growth and provide a reliable environment for health care providers, business owners and other professionals to work without the fear of frivolous litigation. The U.S. chamber noted some positive steps being taken by our Legislature but noted that much of the tort reform efforts are undone by our Supreme Court like the recent opinions invalidating caps on non-economic damages in medical malpractice cases. 

 

With the continuously mounting pressures of our chosen profession, it can be easy to forget the significance of the responsibility each of us has been given. The allegations placed in a complaint accuse our clients of wrongdoing in connection with some of the important and personal parts of their lives: businesses they have spent decades building, professions they have dedicated their lives to and their reputations in the communities where they live and work. Plaintiff's attorneys have done a good job of removing the "face" of the defendant in our cases. The commercials the public sees on TV seemingly during every break in programming speaks only to the "insurance companies" involved in claims and never the individual who must face the uncertainly and stress a lawsuit against them brings. This tactic has successfully allowed Plaintiffs, and no doubt, some juries, to presume that awards and settlements that come from lawsuits don't truly impact the defendant. Those of us who have sat at counsel table with a client during trial know that could not be further from the truth. Our clients rely on their professions; their reputations in the community are vital and they are understandably worried about the impact the suits will have on their ability to provide for their families and to continue doing what they have done their entire professional lives. 

 

Even a defense verdict does not always erase the questions some in the community may have about what a lawsuit against their doctor or local hospital might mean. The costs of a lawsuit, even when the allegations are frivolous, does not prevent the stores in our neighborhoods from being forced to raise prices to cover them. The concern over lawsuits causes businesses and professionals to change the way they provide goods and services to the community creating more costs and causing efficiency and productivity to plunge. Defendants go home at night and wonder what will happen if they personally must pay for an award by a jury.  

 

As defense lawyers we have the awesome responsibility of helping our clients navigate this uncertain legal landscape. We must tell our client's stories in a system that seems to all too often forget the cost of lawsuits that are unfounded from the outset or that are much later proven to be unsupported by the law. In cases where errors were made and the Plaintiff does deserve compensation, defense attorneys ensure that the compensation is reasonable, just as the law requires that it be. Without that much needed check and balance, injustice would occur in even the most legitimate of cases.  

 

We must never lose sight of the importance of the work we do to each of our clients individually and the community. The FDLA provides a number of great opportunities every quarter to enhance our knowledge and skills as defense attorneys so that we can fairly meet the challenges and responsibilities of our profession. In this edition of the deFENSE POST several of those opportunities are highlighted and I hope that each of you can attend at least one of our programs in the coming months. If you need more information on how you can become more involved in the FDLA or on future educational opportunities please contact me directly. 

 

Keep fighting the good fight,

Andy Bolin

FDLA President 

 

         Growing up and maneuvering through high school I tended to think a bit "outside the lines." I certainly remember (more than once) expressing my life goals specifically keeping me very far away from and out of practicing law.  However, my dad kept taking me to these conferences that involved meeting all these grey-haired lawyers constantly reliving victories, defeats, and right-out shenanigans occurring in and out of court rooms. I noticed that these lawyers tended to talk about their profession as something they enjoyed and not as if it was something constantly out of "The Far Side." 

         I then set my sights on the only logical place to attend football games for the next four years: Gainesville, Florida.  I continued to go to these lawyer meetings with my dad intermittently through college and collected some rather interesting stories, including fighting my way out of the middle of a snow drift because Tom Dukes "knew" the way off the mountain, seeing two Clydesdales get stuck in a snow drift (different snow drift), and convincing David Corso that his dad really is cool.

         Going to undergrad at the University of Florida went so well, what with winning seemingly endless national championships over Ohio State, that I needed a plan that would keep me there for a few more years.  With some necessary encouragement from my wife, I fell victim (again) to what is almost certainly something genetically encoded in my DNA.  Thus, this "Frank" was going to be a lawyer too.  When my stint at the University of Florida came to an end in 2010, I began my legal career working with Frank III, back in Orlando.  Growing up and constantly being exposed to civil defense litigators who actually liked their jobs set me on my course: I started litigating insurance defense and medical malpractice cases. 

 

         I now know that those lawyer conferences I attended as a kid and through college shaped my career path and ultimately helped sway my decision to become a lawyer.  Those meetings (of course) were FDLA meetings.  I have met so many great people through the FDLA and attended countless enlightening presentations.  I find myself frequently utilizing FDLA contacts to get the skinny on a judge, venue, plaintiff lawyer, or get a hold of Raffa's most recent depo transcript. 

  

  

 

The plaintiff, a former Lake City police officer, claims he was retaliated against and wrongfully fired for filing a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC).

The plaintiff, 44 at trial, contended he was targeted for harassment and discriminated against during his employment as a Lake City police officer. The plaintiff states that as a result of his complaints of discrimination, including filing a complaint with the EEOC, he was wrongfully terminated by the police chief.

The defendant, the City of Lake City, contended the cause of the officer's dismissal was predicated by an internal affairs investigation finding that the police officer gave false information and neglected his duties. The defendant argued the plaintiff lied to his supervisor over the status of his police car. The defendant states the plaintiff was aware of an internal investigation days before he complained of discrimination.

The first trial, held in April 2015, resulted in a hung jury. The second trial was held in June, 2015. The defense successfully proved that Plaintiff was not subject to an Internal Affairs Investigation or termination because of his complaints of discrimination.

The jury deliberated for approximately three hours and found for the defendant.