Emma Murray Oral Argument

It has been a very busy time since the first of the year. It culminated this past week with the oral argument in Tallahassee in the case of Emma Murray v. Mariners Health. The 7 justices were 'hot' (at least 6 of them asked multiple questions of the attorneys arguing the challenge to the Attorney Fee section of ch. 440). The law as it stands now restricts fees for claimant's lawyers to a strict fee schedule no matter how much time is expended or how much the defense spends.
Richard Sicking argued for the Petitioner (claimant) and Cheryl Wilkie and John Darin argued for the Respondent (employer/carrier). I think the court understood the arguments and the totally unequal positions of the parties in what is supposed to be a fair scheme.
Just days after the argument, Justice Cantero submitted his resignation to Governor Crist effective September 6, 2008. The thinking is that the court will decide this case before Justice Cantero leaves the bench.