Pleading Punitive Damages in Federal Court: Must One Comply with F.S. 68.72?

In Florida, there’s a law that says you can’t ask for extra punishment in a lawsuit unless you have good evidence to back it up. But in federal court, it’s unclear if this law applies. Different federal courts in Florida have different opinions about it. So it can be confusing for lawyers who work in federal court. This article breaks down the different opinions in each federal district to help lawyers understand the law better. Section 768.72 of Florida law says that a person can only claim punitive damages in a lawsuit if they have enough evidence to back it up. The law also says that the person can’t ask about the defendant’s financial worth until after they’re allowed to claim punitive damages. Some federal courts in Florida disagree about whether this law is a procedural rule or a substantive rule. This is important because procedural rules are controlled by federal law and substantive rules are controlled by state law. Some courts think the law doesn’t conflict with federal rules, while others think it does. This makes it confusing for lawyers trying to follow the law in different parts of Florida. The Middle District of Florida follows the statute without question. There are 28 published opinions that mention the specific statute, with nine opinions directly stating that the statute is important. The most detailed explanation is found in Judge Hodges’ opinion in the Neill case. In addition, at least 10 cases simply apply the statute without discussing whether it is important or not. The remaining cases just mention the statute when ruling on another issue. In the Northern District of Florida, there is not a clear decision on whether a Florida law about punitive damages applies in federal court. In the Southern District, there are lots of different opinions about this law. Some judges think it is procedural and should be used in federal court, while others think it is substantive and should not be used. Overall, it seems that in the Middle and Northern districts, the law applies, but in the Southern District, it’s more mixed. The statute §768.72 only applies to state law claims, not federal claims. So if someone is seeking punitive damages under a federal claim, they don’t need to follow this statute. Also, the statute doesn’t apply to claims that happened before July 1, 1986. For example, in Williams v. Florida East Coast Ry. Co., the court said the statute didn’t apply because the accident happened before 1986. In Florida, there’s a debate over whether a state law on punitive damages should apply in federal court cases. Some courts say yes, some say no. The argument is whether the law is a procedural rule or a substantive one. This disagreement makes it tricky for federal lawyers to know how to handle cases involving punitive damages. Until there’s a clear decision from the higher court, lawyers need to keep track of which courts have ruled which way. It’s a complicated issue that affects how federal court cases are handled in Florida. John Maynard practices law in areas involving lawsuits, media, and intellectual property. Before joining his current firm, he worked for Judge Susan C. Bucklew in Florida. This article represents the Trial Lawyers Section.

Source: https://www.floridabar.org/the-florida-bar-journal/pleading-punitive-damages-in-federal-court-must-one-comply-with-f-s-68-72/