Document Category:
State: Florida
Subject Matter: FL Supreme Court Decision
Document Title:

The Florida Supreme Court’s November 23, 2011 decisions inShotts v. OP Winter Haven, Inc. and Gessa v. Manor Care of Florida, Inc. threaten the enforceability of your company’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 Plaintiffs’ Bar on a nationwide basis and at breakneck speed.  Since these decisions were published, my office has received communications from Plaintiffs’ 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 Plaintiff’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)

Document Author: Donna Fudge
Firm/Company: Fudge & MacArthur
Document Date: February 27, 2020
Search Tags: FL
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