By Christina M. Himmel Let’s face it: pursuing a lawsuit will require both time and money. To that end, one of the primary concerns before pursuing litigation is whether attorney’s fees are recoverable from the opposing party. A party can only recover attorney’s fees if authorized by contract or statute. …

By James Diamond In April 2016, the Florida Supreme Court issued an important ruling in Castellanos v. Next Door Co., significantly impacting Florida’s workers’ compensation statute.  The high court struck down the fixed amount of attorneys’ fees that successful workers’ compensation claimants are entitled to under Fla. Stat. § 440.34 …

Authored by James Diamond and Richard I. Segal Florida follows the “American Rule” on the entitlement to attorney’s fees, in that attorney’s fees generally are not recoverable as an element of damages in the absence of statutory authority or a contractual agreement. However, civil litigators throughout Florida should be aware …