Benjamin Stearns’ practice focuses on regulated industries, primarily medical marijuana and property and casualty insurance. Benjamin works with state regulators to resolve compliance matters and negotiate enforcement actions. He also lobbies the Florida Legislature and has testified before legislative committees.
In addition, Benjamin litigates insurance coverage matters and contests of government contract awards. He represented the state of Florida in an original action against Georgia in the U.S. Supreme Court over the apportionment of the waters in the Chattahoochee-Flint-Apalachicola river system.
Prior to joining Carlton Fields, Benjamin was an attorney for the Florida Senate where he drafted legislation, advised state senators, and developed an understanding of the legislative process. His background in journalism and previous work for a Miami public relations agency refined his ability to advocate on behalf of clients.
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Sixth Circuit Reverses Order Finding Employment Arbitration Agreement Void Due to Coercion
In Solomon v. Carite Corporate, the District Court for Eastern District of Michigan found the arbitration agreement between an Employer and an Employee to be invalid on grounds of coercion, however, on appeal, the Sixth Circuit reversed this decision.
Determination of Valid Arbitration Agreement May Be Dependent on “Outward Manifestations and Circumstances Surrounding the Transaction”
In the recent case of Reichert v. Rapid Investments, Inc., the Ninth Circuit vacated the denial of a motion to compel arbitration and remanded for the determination of whether a valid arbitration agreement exists.