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Sunday, August 31, 2014

A Motion for Rehearing in Florida Workers' Advocates v. State of Florida

Todays post is authored by Judge David Langham and shared from
This week finds me off of my regular Monday/Wednesday schedule again. Whether you call it "Padgett," or "that 11th Circuit case," you are all talking about Judge Cueto's August 13, 2014 determination that the Florida Workers' Compensation law is unconstitutional.  It is now styled as Florida Workers' Advocates v. State of Florida, case no 11-13661 CA 25.
Last week in Orlando (at the WCI conference where thousands discussed all that is Florida workers' compensation), I heard a great deal about this decision. People agree with it, disagree with it, think it is important, think it is of minimal relevance, claim they understand it and deny that they do. People have thoughts, opinions, questions, and more. The opinions, interpretations, thoughts and discussion are all over the board. Many people told me how thorough and concise they thought Judge Cueto's 27 page order is. Substance is one thing, but I consistently heard compliments on the drafting.
One major question raised repeatedly was "what will happen with this next."
Well, I take to the blogosphere this Thursday morning, outside my Monday/Wednesday habit, to tell you that shoe has dropped. The "next" is a Motion for Rehearing filed by the Florida Attorney General. The Motion was filed August 22, 2014 and is not complimentary, referring to the case as being in a "procedural morass."
The Attorney General complains that the intervenors brought this case...
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