Florida Tort Reform Now Law: Effective Upon Governor’s Signature
Governor Ron DeSantis signed HB 837 into law this morning...
At RumbergerKirk, we have a clear understanding of the depth and importance of everything at stake when suit is brought against practicing professionals. Such claims are brought alleging failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold. We represent individuals as well as the carriers who underwrite their professional liability policies. We also represent clients in licensing and disciplinary matters before administrative agencies and regulatory boards.
We provide counsel to professionals in a variety of industries:
We represent lawyers and law firms against legal malpractice claims arising from the provision of legal services in litigation and other settings. We defend claims that arise from the representation of parties in civil lawsuits, the negotiation of contracts, the structuring of tax shelters, the filing of bankruptcy claims, the handling of securities transactions, and the preparation of ante-nuptial agreements. We also serve as general counsel for debt collection law firms and we often represent insurance defense attorneys in malpractice cases brought by clients or by their insurance companies.
We have a clear understanding of the depth and importance of all that is at stake when suit is brought against practicing professionals, and we handle these claims vigorously, thoughtfully, efficiently, and in a manner that appropriately preserves our clients’ and their clients’ confidential information.
We represent hospitals, long-term care facilities, medical professional associations, and individual healthcare providers such as doctors, nurses, physical and mental health therapists, and other medical practitioners. We understand the unique operational issues facing healthcare providers, as well as the insurance, regulatory, and litigious climates in which medical professionals must provide patient care. We have a thorough understanding of the applied science of medical diagnosis, treatment, and prevention of illness or injury. Over the years, we have developed specific strategies designed to expose meritless claims and maximize the chances of a successful malpractice defense, including:
We represent private and public institutions and individuals before agencies like the Florida Division of Administrative Hearings, Florida Board of Medicine, Florida Department of Health, Department of Financial Services and Florida Commission on Ethics in the following areas:
We provide representation at every stage of the bar discipline process. Our attorneys are well-versed in the Rules Regulating The Florida Bar, the Alabama Rules of Professional Conduct, the Alabama Rules of Disciplinary Procedure, and the Rules Governing Admission to the Practice of Law in Georgia.
Our attorneys have the knowledge and experience to guide clients through every stage of the bar admission process and attorney disciplinary process in Florida, Georgia and Alabama.
We assist clients in providing the detailed answers and explanations expected by the Board of Bar Examiners and bar discipline counsel. Having the assistance of an experienced attorney at this stage often helps clients avoid the mistakes and omissions which may lead to further proceedings before the board or bar. Our attorneys prepare clients for the often grueling and nerve-wracking experience of appearing before a panel of the board or before a referee in bar discipline hearings. Representative services include:
Represented a construction manager against claims of negligence; violation of Florida Statute 553 and 558.
Represented a design company in a suit brought by a developer for breach of contract. The contract was for landscape plans, irrigation plans, and hardscape and lighting plans. Plaintiff claimed the Defendant breached the contract by “failing to produce the improvements in accordance with the terms and conditions of the agreement.” The alleged failures included the deterioration and collapsing of a bridge and entry road improvements.
Represented real estate appraisers against claims of negligence, breach of contract, claims of fraud and misrepresentations.
Successfully defended residential home inspector against claims of negligence, misrepresentation and suppression related to home inspection which failed to reveal serious foundation problems.
Represented Insurance Services Office (ISO) against allegations of negligence in the inspections of commercial and rental buildings, which were carried out by inspectors who were either ISO employees, or had been hired by ISO to perform such activities.
Represented a commercial broker who brokered the sale of travel agency and was subsequently sued claiming reliance on their statement. Obtained summary judgment on the claims and went to trial on counter claims and won a jury verdict.
Represented brokers and agents in FINRA (previously NASD) arbitrations and lawsuits. The cases have involved numerous products including, annuities, securities, and limited partnerships. Likewise, the litigated issues have included blue sky laws, selling away, securities fraud, suitability, common law claims such as negligence/fraud and rule violations under the regulatory rules.