Goble v. Frohman
Jan 01, 2005OUTCOME: Affirmed lower court ruling
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.
