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Florida Justice Association

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Florida Justice Association
NameFlorida Justice Association
Formation1947
TypeProfessional association
HeadquartersTampa, Florida
Region servedFlorida
MembershipPlaintiffs' attorneys

Florida Justice Association

The Florida Justice Association is a professional organization of plaintiff and consumer trial lawyers in Florida, advocating for civil justice, tort reform opposition, and access to the civil courts. Founded in the mid-20th century, the Association engages in litigation, lobbying, public education, and continuing legal education to influence state tort law, appellate jurisprudence, and regulatory matters in venues such as Tallahassee and the Florida Supreme Court.

History

The organization's origins date to the post-World War II era when members of the American Bar Association, International Association of Defense Counsel, and regional trial bar groups convened to address perceived inequities in tort remedies across Florida counties such as Miami-Dade County, Hillsborough County, and Pinellas County. Early leaders included litigators from firms that later argued before the Florida Supreme Court, the United States Court of Appeals for the Eleventh Circuit, and federal trial judges in the Middle District of Florida. During the 1970s and 1980s the Association confronted state-level initiatives promoted by coalitions involving the National Association of Manufacturers, the U.S. Chamber of Commerce, and the American Tort Reform Association, while aligning with consumer organizations like Public Citizen and plaintiff groups connected to litigators associated with cases in the United States District Court for the Southern District of Florida.

Throughout the 1990s and 2000s, the Association played roles in litigation touching on statutes such as the Florida Statutes provisions governing damages, comparative negligence precedents following holdings from the Florida Supreme Court, and class action procedures influenced by rulings from the United States Supreme Court. The group has been active during major statewide political controversies in Tallahassee involving legislative payors, insurers headquartered in Jacksonville and Tampa, and healthcare stakeholders from institutions like Mayo Clinic and University of Florida health systems.

Mission and Activities

The Association's stated mission emphasizes protecting the rights of injured persons, promoting access to courts, and opposing measures perceived as restricting remedies in tort litigation. It undertakes appellate advocacy before the Florida Supreme Court and federal appellate courts including the Eleventh Circuit, files amicus briefs in cases involving parties such as State of Florida agencies, insurance companies like Allstate and State Farm, pharmaceutical manufacturers represented by counsel linked to firms that appear before the New Jersey Supreme Court or California Supreme Court, and medical providers tied to hospitals such as Jackson Memorial Hospital.

Activities include sponsoring litigation strategies in personal injury, product liability, medical malpractice, wrongful death, and consumer protection cases that arise in jurisdictions like the Southern District of Florida and the Northern District of Florida. The Association partners with advocacy organizations such as American Association for Justice, engages with legislative committees in the Florida Legislature, and collaborates with bar associations including the Florida Bar.

Membership and Organization

Membership comprises plaintiff trial lawyers from solo practitioners to partners of major plaintiff firms, law professors from institutions like the University of Miami School of Law, the University of Florida Levin College of Law, and the Stetson University College of Law, and paralegals and law students. Leadership typically consists of an elected president, board of governors, and committees focused on areas such as products liability, medical negligence, appellate practice, and ethics, mirroring structures seen in organizations like the American Bar Association and the Association of Trial Lawyers of America.

Chapters operate throughout regions including Broward County, Orange County, and the Florida Panhandle, and the organization maintains sections addressing litigation arising from corporations such as Johnson & Johnson, Pfizer, and General Motors, and matters involving regulatory agencies like the Florida Department of Health.

Legislative and Advocacy Work

The Association engages in lobbying at the Florida Capitol on bills concerning caps on noneconomic damages, statutes of repose, and preemption doctrines debated in committees such as the Florida Senate Judiciary Committee and the Florida House Judiciary Committee. It advocates positions against proposals backed by coalitions including the National Federation of Independent Business and insurer trade groups, while supporting consumer-protection measures championed by groups like Consumers Union.

The Association coordinates grassroots campaigns targeting legislators representing districts such as Miami-Dade's 27th District and Pinellas County seats, files administrative comments with agencies like the Florida Office of Insurance Regulation, and submits amicus briefs in high-profile appeals reaching the United States Supreme Court on questions implicating federal preemption and state tort remedies.

The organization provides Continuing Legal Education (CLE) seminars, trial practice workshops, and annual conventions that attract speakers from the Florida Supreme Court, federal judges from the Middle District of Florida, and academics from the Florida State University College of Law. Programs cover topics such as expert witness admissibility following precedent from the Daubert line of cases, jury selection strategies influenced by rulings in the United States Court of Appeals for the Fifth Circuit, and updates on statutes including amendments to the Florida Statutes.

Major events feature exhibitors from litigation-support firms, forensic laboratories used by attorneys in cases involving corporations like Tesla and Bayer, and networking receptions drawing members from counties including Leon County and Escambia County.

Notable Cases and Impact

The Association has participated by brief or counsel in appellate matters affecting tort jurisprudence in Florida, influencing rulings on punitive damages, class certification, and evidentiary standards that reached the Florida Supreme Court and, occasionally, the United States Supreme Court. Cases involving medical-device manufacturers such as Medtronic, pharmaceutical defendants like Merck, and insurance carriers have produced precedents cited in other jurisdictions including California and New York courts. Its advocacy has been credited by supporters with preserving jury trials in high-stakes personal injury actions in circuits across Florida.

Criticism and Controversies

Critics, including trade groups such as the American Tort Reform Association and corporate litigants represented by firms featured in filings before the Supreme Court of the United States, argue that the Association advances plaintiff-friendly rules that increase litigation costs and insurance premiums. Legislative opponents in the Florida Legislature have proposed tort-limiting measures in response. The Association has faced scrutiny over fundraising, political expenditures directed to campaigns in contests for seats in Tallahassee and contributions tied to judicial elections in Florida circuits, prompting debates involving the Florida Commission on Ethics and media outlets covering state politics.

Category:Legal organizations based in Florida