You may have heard the term “affirmative defense” used loosely in seminars or case law updates. However, you may not be completely aware of the legal definition and legal impact associated with this term. The legal dictionary defines affirmative defense as, “A new fact or set of facts that operates to defeat a claim even…

Florida has returned to the era of ER/C paid claimant attorney’s fees & costs. In one word, the reason for the increase in defense litigation expense is – Castellanos! With this Florida Supreme Court 2016 decision – which finds 440.34 as amended in 2003 unconstitutional – we are not only seeing an uptick in the…

There are 2 important workers’ compensation cases pending before the Florida Supreme Court that could significantly impact the entire system. In Castellanos v. Next Door Company/Amerisure Ins. Co., issued on October 23, 2013, the First DCA certified a question to the Florida Supreme Court as a question of great public importance. The First DCA very…

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