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Florida Supreme Court lifts cap on workers' comp attorney fees.

Publication: Trial
Publication Date: 01-JAN-09
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Florida Supreme Court has ruled that lawyers representing injured workers are entitled to reasonable payment for their services, and that a law regulating such payments was unfair to both plaintiffs and their lawyers.

The unanimous decision strikes down a 2003 state law, [section]440.34, that mandated a strict formula to determine workers' comp attorney fees. (Murray v. Mariner Health, 2008 WL 4659381 (Fla. Oct. 23, 2008).)

"This is clearly a win for the good guys," said Brian Sutter, a lawyer in Port Charlotte, Florida, who represented the plaintiff, Emma Murray.

Murray is a nurse's aide who was hurt while...

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