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Amicus Briefs

The FDLA Amicus Committee works to ensure that FDLA has a presence in cases involving significant issues at both the supreme court and district court of appeal levels. The Association has a strong list of people who are willing to prepare amicus briefs for FDLA.

American Optical v. Williams

Florida Supreme Court (Fourth DCA: 4D07-405, 4D07-407)

Case Number: SC08-1616

Issue: The issues presented in this consolidated appeal involve the application of the Asbestos and Silica Compensation Fairness Act ("ASCFA") to claims of various plaintiffs and whether requiring a plaintiff to actually suffer physical impairment prior to filing suit violates due process.

Status: FDLA filed an amicus brief in support of Appellant on August 20, 2009. Oral argument is set for February 10, 2010.

Attorney:
Matthew J. Conigliaro, Esq.
Carlton Fields, P.A.
P.O. Box 3239
Tampa,FL 33601

FDLA Attorney:
Caryn L Bellus
Kubicki Draper
25 West Flagler Street Penthouse
Miami,FL 33130

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Archbishop v. Maynoldi

Third District Court of Appeal

Case Number: 3D08-1648

Issue: This case involves the liability of a school for non-school sponsored and off campus activities, including the unsanctioned consumption of alcohol.

Status: FDLA filed an amicus brief in support of Appellant on March 4, 2009. Oral Argument was held on November 2, 2009. To date, no decision has been issued.

Attorney:
Alina Alonso, Esq.
Carlton Fields
100 SE 2 Street
Miami,FL 33131

FDLA Attorney:
Harold R Mardenborough Jr
Carr Allison Pugh Howard Oliver & Sisson
305 S Gadsden St
Tallahassee,FL 32301-1811

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Gardner v. Tampa General Hospital

Second District Court of Appeal

Case Number: 2D08-5054

Issue: This case involves the constitutionality of 766.201 and 766.207, Florida Statutes, and the statutory limitations of damages in medical malpractice cases.

Status: FDLA filed a joint amicus brief with Florida Hospital Association (FHA) and Florida Medical Association (FMA) in support of Appellee on April 30, 2009. Oral Argument was held before the 2DCA Judges Altenbernd, Villanti and LaRose, on September 30, 2009. To date, no decision has been issued.

Attorney:
Mara B. Levy, Esq.
McCumber, Daniels, Buntz, Hartig & Puig P.A.
4830 West Kennedy Blvd.Suite 300
Tampa,FL 33609

FDLA Attorneys:
Andrew S Bolin
Beytin McLaughlin McLaughlin, Bolin
201 N Franklin St #2900
Tampa,FL 33602

Jeffery M. Scott, Esq. (FMA)
General Counsel
Florida Medical Association
123 S. Adams Street
Tallahassee,FL 32301

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Genovese v. Provident Life

Florida Supreme Court (Fourth DCA - 4D06-421)

Case Number: SC06-2508

Issue: This case involves a certified question challenging the existence of an attorney-client privilege between defense lawyers and their insurer clients when a bad faith claim is filed in a first-party lawsuit.

Status: FDLA filed an amicus brief in support of Respondent on April 13, 2009. Oral Argument was held on August 31, 2009. To date, no decision has been issued.

Attorney:
Jeffrey M. Landau, Esq.
Shutts & Bowen
201 S Biscayne Blvd.
Miami,FL 33131

FDLA Attorney:
Anthony J Russo
Butler Weihmuller Katz Craig LLP
400 North Ashley Drive Suite 2300
Tampa,FL 33602

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Glenn v. All Children's Hospital

Florida Supreme Court (Second DCA - 2D02-1638)

Case Number: SC08-1317

Issue: This case involves the applicability of the notice provisions under The Florida Neurological Injury Compensation Act ("NICA").

Status: FDLA filed a joint amicus brief with Florida Hospital Association in support of Respondent on April 17, 2009. Oral Argument was held on August 31, 2009. To date, no decision has been issued.

Attorney:
C. Howard Hunter, Esq.
Hill, Ward & Henderson, P.A.
P.O. Box 2231
Tampa,FL 33601

FDLA Attorney:
Andrew S Bolin
Beytin McLaughlin McLaughlin, Bolin
201 N Franklin St #2900
Tampa,FL 33602

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Amicus Committee Chair

Caryn L Bellus
Kubicki Draper
25 West Flagler Street
Penthouse
Miami, FL 33130

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