Secured Dismissal of Class Action Suit Against Third Party Administrator

Secured Dismissal of Class Action Suit Against Third Party Administrator

Rob Klein and Andrew Feldman were successful in securing a dismissal of a class action lawsuit against the Third Party Administrator of a municipal worker’s compensation program. The Plaintiff had contended that the Third Party Administrator and its municipal client had failed to comply with the mandates of Florida’s “Heart Lung” bill, which provides for certain presumptions of injury where first responders are diagnosed with respiratory or cardiac disorders. The Defendant argued that the class action could not be brought in the State’s circuit court, given the exclusive jurisdiction set forth in Chapter 440, Florida’s Worker’s Compensation statute. The Defendant also argued that the case was not appropriate for class-wide resolution.