Arthur J. England, Jr.

Arthur J. England, Jr.

Mr. England, a former Chief Justice of the Florida Supreme Court, is the author of Florida's Administrative Procedure Act, Corporate Income Tax Code, and Deceptive and Unfair Trade Practices Act. He devotes his principal attention to appellate work and trial counseling, constitutional matters, commercial litigation, and administrative law.

Areas of Concentration

· Board Certified in Appellate Law

· Florida Supreme Court Certified Civil Mediator

· AAA panel arbitrator

· Administrative law

· Commercial law

· Constitutional initiative petitions

· Constitutional law

· Florida "Sunshine" Laws

· Hospital liability defense

· Insurance defense

· Personal injury defense

Significant Representations

· Memorial Hosp.-West Volusia, Inc. v. News-Journal Corp. (Florida Supreme Court): Precedent-setting decision reversing an order which applied Florida's Public Records and Open Meetings laws to a private corporation which purchased a hospital from a public taxing authority.

· United States ex rel. Sikkenga v. Regence Blue Cross/Blue Shield of Utah, et al. (10th Circuit): Qui tam lawsuit under the federal False Claims Act (FCA) which alleged Medicare fraud by Blue Cross and a corporation of pathologists associated with the University of Utah (ARUP). The district court had dismissed Sikkenga's claims against ARUP on the ground that it was an "arm-of-the-state," and had dismissed her claims against Blue Cross based on absolute immunity for Medicare contractors under the FCA. The Tenth Circuit overturned both rulings.

· Adventist Health System/Sunbelt, Inc. v. Blue Cross and Blue Shield, et al. (Florida 5th District Court of Appeal): Reversal of an order dismissing a declaratory action seeking an interpretation of the term "usual and customary" in a statute which made HMO's liable to a hospital for emergency medical treatment given to its subscribers.

· Horowitz v. Plantation General Hospital, Ltd. (Florida Supreme Court): Decision affirming district court decision and rejecting three decisions from other district courts to hold that a hospital is not liable on an implied cause of action under the Medical Malpractice Reform Act for the first $250,000 of an unsatisfied judgment against a physician on the hospital's staff.

Professional & Community Involvement

· Member, The Florida Bar

· Member, New York State Bar

· Member, Colorado State Bar

· Member, The Association of the Bar of the City of New York

· Member, Dade County Bar Association

· Member, American Academy of Appellate Lawyers

· Member, American Bar Association

· Member, American Law Institute

· Member, American Judicature Society

· Member, Association for Conflict Resolution

· Member, Florida Academy of Professional Mediators

· Member, Institute of Judicial Administration

· Life Fellow, The Florida Bar Foundation

· Life Member, Dade County Bar Association

· Life Member, American Law Institute

· Member, Committee on Lawyers Qualifications and Conduct of the U.S. Court of Appeals for the Eleventh Circuit, 2003-present

Awards & Recognition

· Listed, Chambers & Partners USA Guide, 2009

· Listed, Legal 500 US, 2009 edition

· American Bar Association's Pro Bono Publico Award, 1988

· Florida Bar Foundation's Medal of Honor, 1983

· Listed consistently in The Best Lawyers in America, Florida Super Lawyers magazine, South Florida Legal Guide's "Top Lawyers in South Florida," Chambers & Partners USA Guide, Florida Trend's "Florida Legal Elite" and Legal 500 US

· American Bar Association's 2002 Law Day Speech Award (second place)

· Florida Bar Journal's Excellence in Writing Award for 2004

· Recipient, 2008 Honorable "Ted" Klein Special Recognition Award from the Greater Miami Jewish Federation

· Recipient, Legal Legends Award, 2008

Previous Employment

· Chief Justice and Justice, Florida Supreme Court

· Special Counsel, Governor of Florida

· Special Tax Counsel, Florida House of Representatives

· Began law practice with Dewey Ballantine Bushby Palmer & Wood, in New York City

Articles, Publications, & Lectures

Articles

· Author, Florida Corporate Income Tax Law (1971), Deceptive and Unfair Trade Practices Act (1973), and Florida Administrative Procedures Act (1974)

· Lead author, Florida Appellate Practice Manual and Florida Administrative Practice Manual

· Lead author, "Quality Discounts in Appellate Justice," 60 Judicature 442, April 1977

· Lead author of seminal articles explaining the jurisdiction of the Florida Supreme Court: "Constitutional Jurisdiction of the Supreme Court of Florida: 1980 Reform," Univ of Fla. Law Review, 1980, and "Florida Appellate Reform One Year Later," Fla. State Univ. Law Review, 1981

Fellow: The Florida Bar Foundation (Life Fellow).