Wednesday, July 29, 2015

Castellanos will not be decided this week

We are waiting to hear from the Florida Supreme Court in both Casellanos and Westphal. The Court's calendar slows in the summer. According to the Court's calendar, it heard oral arguments on June 5, 2015. The next arguments are scheduled for August 31, 2015. So things may be a little quiet around the Court this summer.

In Wherefore Art Thou Morales, I provided a very unscientific analysis of when the Court might rule. I hypothesized that Westphal might be rendered as early as February 2015, and as late as July 2, 2015. It is now safe to say that my guesstimate was absolutely wrong. The Court will not rule before fall. 

In that same post, I conjectured that Castellanos might be decided as early as July 9, 2015 and as late as December 3, 2015. 

The oral argument in Westphal was held June 5, 2014. It has today been 419 days. The oral argument in Castellanos was held November 5, 2014. It has been 266 days since that oral argument. 

So when will the decision come in either of these cases?  The last decisions of the Court were published July 9, 2015. It appears that there will be nothing of substance before the Court returns in September. 

The marketplace of workers' compensation will gather in Orlando in about three weeks at #wcec2015. Last year the buzz was all Padgett. Many conjectured that this year the buzz would be (predicted to occur) recent rulings from the Court in Casellanos and/or Westphal. It looks like the marketplace will instead have to be satisfied with medical marijuana, MSA, presumptions and the plethora of non-supreme court issues that are currently at the fore. 


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