From May 24, 2013 edition of Florida Law Weekly
Southern Baptist Hospital of Florida Inc. v. Johnston (4th DCA): This case, in a concurring opinion, discusses the pros and cons of Florida’s birth related Neurological Injury Compensation Association statute, such as why hospitals seek NICA coverage versus why Plaintiffs generally do not want claim to be covered by NICA. While the opinion is mainly dicta, it provides insight into some of the problems with the NICA statute. The opinion also talks about the difficulties in proving whether the mental impairments in child were permanent and substantial given the child’s age. In reading the opinion, it appears that the administrative law judge found that the injury was covered by NICA.
Miccosukee Tribe of Indians v. Dexter Wayne Lehtinen (3d DCA): Trial Court properly denied Plaintiff’s motion to disqualify Defendant’s attorney on the basis that the attorney would gain an unfair informational advantage against it due to the fact that he represented other parties in litigation against Plaintiff in other unrelated matters. The Court noted that disqualifying a party’s attorney is an extraordinary remedy which the Court should use sparingly. When considering a motion to disqualify counsel, the Court must consider the competing interests of maintaining professional standards and preserving the client confidences on the one hand, and permitting a party hire the counsel of their choice on the other. Part of the Court’s denial of the petition was due to the fact that the matters were not related.