Langham: Judicial Discretion and Statutory Construction at the 'Fair'

Recently, I ran into an insurance professional at a conference. Our discussion turned to the national conversation and this professional's criticism of "prevailing costs." It is not the first criticism I have heard. In 2012 David DePaolo, the late founder of WorkCompCentral, penned an article referring to cost shifting as Irrational at Best, Unjust at Worst. You never wondered where David stood on things. The provision for costs in Florida is simple, set forth in Fla. Stat. 440.34(3), which says: "If any party should prevail in any proceedings...