Subject Matter: FL Supreme Court Decision
The Florida Supreme Courtâ€™s November 23, 2011 decisions inShotts v. OP Winter Haven, Inc. and Gessa v. Manor Care of Florida, Inc. threaten the enforceability of your companyâ€™s long-term care ARBITRATION AGREEMENTS with both existing and previous residents if Agreement containsany of the following provisions:
1. Caps on Non-Economic Damages;
2. Prohibition against Award of Punitive Damages;
1. Selection of Arbitral Organizations or Arbitral Codes of Procedure that Contain Special Rules of Discovery, Evidence or Award (i.e., American Health Lawyers Association); or
2. Any Other Provisions that Arguably could be Construed as Limitations of Liability or Remedial Restrictions.
TheShotts and Gessa decisions are already being trumpeted by the Plaintiffsâ€™ Bar on a nationwide basis and at breakneck speed. Since these decisions were published, my office has received communications from Plaintiffsâ€™ attorneys as far north as Wisconsin demanding that our long term care clients reconsider their demands for arbitration. Just yesterday, I received a demand from a Plaintiffâ€™s attorney to return to the judicial system a case already compelled to arbitration by both a trial and appellate court ruling. The potential nationwide impact of these decisions on the long term care industry is significant.
Fudge & McArthur, P.A. can help your Company avoid the pitfalls created byShotts and Gessa. Please let us know if we can assist you.
Donna J. Fudge, Esquire
Fudge & McArthur, P.A.
650 16th Street North
St. Petersburg, FL 33705
(727) 490-3083 (direct)
(727) 490-3100 (main)
(727) 490-3101 (facsimile)
Firm/Company: Fudge & MacArthur
Document Date: February 27, 2020
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