A divided Florida Supreme Court on Thursday ruled that a state law that limits claimants' attorney fees, without any consideration of whether the fee award is reasonable, is unconstitutional under both the Florida and U.S. constitutions as a violation of due process.
Florida Statutes Section 440.34 limits a claimant’s ability to recover attorney’s fees to a sliding scale based on the amount of benefits obtained. Using this formula, the fee awarded to Marvin Castellanos’ attorney amounted to only $1.53 per hour for 107.2 hours of work.
Castellanos had no ability to chall...
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