Adams & Reese Partner Ric Asfar Featured in Law360’s “Florida Cases to Watch in 2026”

Law360’s recent analysis, “Florida Cases To Watch In 2026,” spotlights significant appellate developments expected to influence Florida law this year. Among the issues drawing attention: a closely watched Eleventh Circuit challenge to the False Claims Act’s qui tam provision, the Florida Supreme Court’s review of punitive damages pleading standards, and questions surrounding the retroactive application of statutory amendments. The feature includes commentary from Adams & Reese Partner Ric Asfar on the potential shift in Florida’s retroactivity doctrine.

Background

Florida’s appellate courts are poised to provide guidance that will ripple across civil and criminal matters statewide. At stake are fundamental questions: Can recent statutory changes apply to conduct or contracts predating their effective dates? How should courts evaluate punitive damages claims? And what happens if the Eleventh Circuit diverges from other circuits on the constitutionality of qui tam actions? These decisions could reshape litigation strategy and compliance planning for businesses across sectors.

Asfar’s Perspective

Asfar, a Tampa-based partner at Adams & Reese, noted the Florida Supreme Court’s careful engagement with retroactivity questions in both a civil insurance dispute and a criminal case. He observed that the court may be open to recalibrating the framework for determining when amendments apply to past events. Any retooling of that analysis, he cautioned, could “impact every facet of life and law in Florida,” underscoring the breadth of industries and matters that depend on the predictable application of statutory changes.

Why It Matters

Even incremental adjustments to Florida’s retroactivity framework could alter litigation strategies, settlement calculus, and compliance planning across sectors, from insurance and construction to healthcare and government investigations. Businesses and counsel should closely track forthcoming opinions and work with experienced appellate practitioners to ensure strategies align with evolving standards.

Read the full article, “Florida Cases to Watch In 2026,” here.