The Lawson Firm
New Development in Florida PIP Reform Litigation…
October 24, 2013
Florida’s First District Court of Appeal yesterday vacated its own May 10 order affirming a trial court order which, at the time, effectively blocked state enforcement of certain portions of Florida’s 2012 PIP reforms. This latest development temporarily reinstates those reforms. For those who may not be following the continuing saga of litigation surrounding the PIP reforms, here’s a recap:
Among the changes included in the 2012 PIP reforms were provisions which limited or eliminated coverage for certain medical services, such as massage and acupuncture. Those provisions were challenged by a group of acupuncturists, chiropractors, and massage therapists who filed for a state-court injunction against the new law on state constitutional grounds. The injunction was granted by the trial court, then appealed by Florida state officials. Once appealed, an automatic stay of the injunction went into effect. The group pressing for the injunction then filed an emergency motion requesting that the stay be lifted. That request was granted by the trial court and then affirmed on May 10 by the First District Court of Appeal.
Yesterday, after “full briefing of this appeal”, the First District Court of Appeal vacated its May 10 order and reinstated the automatic stay of the injunction. In support of its latest action, the Court rendered a nine-page opinion focusing on the plaintiffs’ claim that the automatic stay potentially denied citizens the right to access courts if wrongfully injured. The Court concluded that the plaintiffs lacked legal standing to challenge the automatic stay on that basis.
Yesterday’s ruling is not final until time expires for filing motions for rehearing.
We will continue to monitor further developments concerning this litigation and share information as it becomes available.
This article is intended to provide general information only and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems solely on the basis of information contained in the article. Date of publication: October 24, 2013.
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