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Strict Limits on Attorney Fees, Now Overturned, Stand Out Among States

By Sherri Okamoto (Legal Reporter)

Monday, May 9, 2016 | 0

Late last month, the Florida Supreme Court shook up the state's comp system by declaring the statutory caps on claimants' attorney fees to be a facial violation of an injured worker's due process rights. A vast majority of the states impose some type of limit on the fees that a claimants' attorney can receive, though, and the limits in more than half the states are tied to a percentage of the claimants' recovery, as in Florida. But what makes Florida's statute unique — and, according to its Supreme Court, unconstitutional – is the unyie...

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