Every time I go to the JCC’s office, I am asked the same question, “when is the Supreme Court going to decide Castellaños?” After so many requests for that information, I have finally settled on the answer for them and I will share that here as well. The answer is: Thursday. My answer is generally met with the follow up question, “this Thursday?” to which I respond “maybe” and watch the disappointment appear on the person’s face. The truth is I don’t know when the opinion will be released, but since the Court’s opinions are released every Thursday around 11:00 a.m. (except for part of July and August while they are on hiatus), I feel fairly confortable that I am providing accurate information. I will not receive advanced notice of the release, and I can’t make an educated guess based on prior opinions as to when the opinion might be forthcoming, but I feel good about saying, Thursday.
Another popular question is, “why is it taking so long?” That’s an easy one. It only seems like it is taking a long time because we are anxious to know what the Court will decide. In reality, it hasn’t been that long. The oral argument was November 5, 2014. Following that, the Court asked for briefs from the other three cases that had been stayed and addressed the same certified question. Those cases, Diaz, Richardson and Pfeffer finished the briefing process February 10, 2015. At this point, it has only been about 6 months since all of the brief were filed. The Court has released many opinions in this 6 month period and several of them were high profile. Perhaps at the top of the list would be the most recent release, League of Women Voters v. Ken Detzner, better known to most of us as the redistricting case. With a Presidential election on the horizon, the importance of having a constitutionally drawn map of the state’s congressional districts is of the highest priority; unfortunately, even more important than workers’ compensation.
The other popular question is, “so, what do you think the Court will do?” Unfortunately, my response to this question also leads to a disappointed look. No one can predict what the outcome will be. The Court accepted jurisdiction of the case on this certified question of great public importance, “Whether the award of attorney’s fees in this case is adequate, and consistent with the Access to Courts, Due Process, Equal Protection, and other requirements of the Florida and Federal Constitutions.”
We will find out the answers to these questions and others on Thursday.
[row][span3][member img=”https://www.floridaworkers.org/wp-content/uploads/2015/08/marktouby1.png” name=”Mark Touby” text_align=”center”] [/member][/span3][span9]Mark A. Touby is the managing partner of Touby, Chait & Sicking, PL in Coral Gables, Florida. He earned a Bachelor of Science degree in Finance from the University of Florida in 1992 and received a Juris Doctor from the University of Miami in 1995. Mr. Touby is Board Certified in Workers’ Compensation and has been representing claimants since 1995. He is rated AV Preeminent 5.0/5.0 by Martindale-Hubbell, AVVO rated 10.0/10.0 and was recognized as a Rising Star in Florida Super Lawyers Magazine in 2009 and as a Super Lawyer in 2015. Mr. Touby has served on the Board of Directors of Florida Workers’ Advocates since 2003. He currently serves on the Executive Council of the Workers’ Compensation Section of the Florida Bar and as Chair of the Workers’ Compensation Rules Advisory Committee. In addition, Mr. Touby serves as a trustee and Vice-President of Fundraising for the Friends of 440 Scholarship Fund. He has served as President of the Friends of 440, Inc. from 2009-2010 and Vice-Chair of the Dade County Bar Association Workers’ Compensation Committee from 2009-2013. Mr. Touby is a frequent lecturer and his practice also includes Unemployment Appeals, Social Security Disability and Personal Injury cases.[/span9][/row]