Goble v. Frohman

Outcome: Affirmed lower court ruling

Description: Authored amicus curiae brief on behalf of Florida Defense Lawyers Association at the District Court of Appeals level, asserting that personal injury defendants should be entitled to a post-verdict set-off against damages awarded by a jury where the award included HMO contractual "discounts" or "write-offs" as medical expenses. The trial court's set-off was affirmed. After certification of the question to the Florida Supreme Court, co-authored amicus curaie brief on behalf of Florida Defense Lawyers Association, supporting the right of a defendant to a set-off for these "phantom" damages. The Florida Supreme Court held that a defendant in these circumstances is entitled to a post-verdict set-off and that the jury award should be reduced accordingly.