Legal Opinion

Marvin Castellanos v. Next Door Company

Supreme Court of Florida

Decided April 28, 2016No. SC13-2082Published

1Opinion of the Court

Supreme Court of Florida ____________ No. SC13-2082 ____________ MARVIN CASTELLANOS, Petitioner, vs. NEXT DOOR COMPANY, et al., Respondents. [April 28, 2016] PARIENTE, J. This case asks us to evaluate the constitutionality of the mandatory fee schedule in section 440.34, Florida Statutes (2009), which eliminates the requirement of a reasonable attorney’s fee to the successful claimant. Considering that the right of a claimant to obtain a reasonable attorney’s fee has been a critical feature of the workers’ compensation law, we conclude that the mandatory fee schedule in section 440.34, which…

2Cases cited49 opinions

  1. Weinberger v. SalfiSupreme Court of the United States · 1975
  2. Flemming v. NestorSupreme Court of the United States · 1960
  3. Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
  4. Richardson v. BelcherSupreme Court of the United States · 1971
  5. United States Department of Labor v. TriplettSupreme Court of the United States · 1990

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