Folks I’ve been slammed today so I apologize for getting this up a little late.
Let’s see, the 11th upheld certain Florida statutory caps on noneconomic damages in med/mal cases, but also certified a few issues to the Florida Supremes because — surprise — these issues are “unsettled”:
Plaintiffs next challenge the cap under several provisions of the Florida and United States Constitutions. We first address Plaintiffs’ argument that the cap violates the United States Constitution. We then review Plaintiffs’ challenge to the cap under the Takings Clause of the Florida Constitution, Art. X, § 6, because Florida constitutional law on the matter is well settled. Florida constitutional law on the other provisions of the Florida Constitution under which Plaintiffs challenge the statutory cap, however, is unsettled. For this reason, we will certify several questions of state constitutional law to the Florida Supreme Court under its certification procedure.
(Shh, don’t tell Governor Scott.)
But the more significant story, of course, is one man’s quixotic fight against “body darkness prejudice” at our public parks and beaches, now
undressing unfolding in Judge Cooke’s courtroom.
Fight the power (and do it the way God intended)!