ATLA helps knock down Florida tort `reform' law.

In the spring of 1999, by a single-vote margin, the Florida legislature passed and the governor signed what many commentators have labeled the most comprehensive and draconian "act relating to civil actions" ever to become law.

This massive statute, which contains 36 separate sections, deals with virtually every aspect of tort law. The act dictates procedures for the use of juries, limits joint and several liability, creates short statutes of repose for most products, mandates a presumption against negligent-hiring claims, rewrites the law of premises liability to favor defendants, and severely caps punitive damages--just to name a few of its provisions.

Drafted by a Florida coalition of corporate and insurance entities, this mother-of-all-tort-`reform'-statutes became effective for causes of action accruing on or after October 1, 1999.

In one fell swoop, over a century of state tort common law, which had slowly and carefully evolved to meet the needs of Florida citizens, was erased and held for naught. No doubt there was great cause for merriment in corporate boardrooms throughout the state, as industry tortfeasors were freed from the burden of full responsibility for their wrongful acts. What had started as a glimmer in the eyes of an optimistic lobbyist had reached full fruition, and predictions that this statute would be a template for other state legislatures abounded.

Another one bites the dust

But not for long. Enter our senior director for Legal Affairs, Bob Peck, and ATLA's crack legal team, along with W.C. Gentry, Wayne Hogan, and other great attorneys from the Academy of Florida Trial Lawyers. A game plan for fighting the act was devised, legal research was fine-tuned, a lawsuit was filed, massive sets of pleadings were exchanged, and extensive hearings were held. In record time, less than 17 months from the effective date of the statute, a trial court declared the entire enactment unconstitutional and, therefore, null and void.

Needless to say, the fate of countless numbers of cases brought for Floridians and proceeding under the statute, some of which were probably in trial when the opinion was released, has been dramatically altered.

An appeal has been filed. After reading the decision, I'm glad that we are the appellees rather than the appellants. This is getting habit forming. After ATLA participated in landmark victories against abusive statutes in Illinois, Indiana, Ohio, and Oregon, to name a few, we all thought Bob and his team were on a roll. But this one clearly gives them momentum that will be hard to stop.

Setting records

And talk about timing: The Florida court's decision was received about an hour before the opening reception at ATLA's winter convention in New Orleans. It was a great way to kick off what turned out to be a record-setting series of meetings.

As I reported in this column several months ago, our annual convention in Chicago last summer broke attendance records that had stood for years. Chalk up another one. ATLA's New Orleans convention was the best attended winter convention in our history--breaking records set almost 15 years ago.

It was a blockbuster meeting that featured dynamic speakers such as political pundit Paul Begala and journalist Molly Ivins, along with two tracks of some of the best educational programs ATLA has ever sponsored. The French ambience of New Orleans provided a perfect backdrop for socializing with great trial lawyers from all 50 states, several Canadian provinces, and Great Britian.

If you missed this wonderful convention, I hope we'll see you in Montreal, another city with a French heritage, next July. Sign up now, while you are still eligible for early registration discounts, and plan to bring your family. The opportunities to learn, network, and socialize in a unique setting are unparalleled.

Center for Constitutional Litigation 

Finally, I'm pleased to report that your Board of Governors, at their meeting following the winter convention, unanimously approved the formal creation of the ATLA Center for Constitutional Litigation. The establishment of this new ATLA law firm will ensure that the critical work of challenging the constitutionality of tort "reform" laws in the courts will continue in a way that will make us all proud to be ATLA members. After the great victory in Florida, this project couldn't be more timely.

The association's leadership is committed to active and forceful advocacy on issues that matter to trial lawyers and to all those who seek justice. We'll accomplish this goal by being effective not just in the halls of Congress, but in courthouses and seminar classrooms around the country.

We are, indeed, on a roll--and with your help, we can really make a difference.