Shutts & Bowen LLP Miami Partner and Co-Chair of the Creditors’ Rights and Bankruptcy Practice Group Michelle Hendler and Miami Appellate Partner Julissa Rodriguez co-authored the article “Update on Pleading Punitive Damages in Florida: The Impact of Perlmutter and Subsequent Cases,” published in the 2026 Fall edition of The Bulletin by the Miami-Dade Bar.

The article examines the Florida Supreme Court’s June 11, 2026 decision in Perlmutter v. Federal Insurance Company, which clarified the standard courts apply when determining whether a plaintiff may plead punitive damages under Section 768.72, Florida Statutes. Michelle and Julissa discuss the Court’s holding that trial courts should consider only the claimant’s evidence and apply the “reasonable showing” standard at the pleading stage, as well as how subsequent Florida appellate decisions have applied Perlmutter II. The article also addresses the decision’s practical implications for parties seeking or opposing punitive damages claims.

The Miami-Dade Bar is one of Florida’s largest voluntary bar associations and serves as a resource for Miami-Dade County’s legal community through continuing legal education, professional development, networking, and legal publications. Its mission is to serve the public and the Bar while promoting equal justice, professionalism, civility, and respect for the law. The publication of this article in The Bulletin provides practitioners with an overview of an important recent development in Florida punitive damages law and its implications for future litigation.

 

About Michelle Hendler

Michelle G. Hendler is a Partner in the Miami office, where she is a Co-Chair of the Creditors' Rights Practice Group. In working to resolve disputes in and outside of the courtroom, Michelle focuses her practice on real estate and creditors' rights litigation matters. She represents lenders, real estate investors, and special servicers in commercial foreclosures, loan enforcement actions, guaranty claims, and note sales, and she represents court-appointed receivers.

 

About Julissa Rodriguez

Julissa Rodriguez is a partner in the Miami office of Shutts & Bowen, where she is a member of the Appellate Practice Group. She is Board Certified in Appellate Practice by The Florida Bar. Julie focuses her practice on appellate litigation and trial support, including advising clients on securing stays of orders or judgments while a case is pending on appeal. Julie has over 20 years of experience representing clients in both state and federal courts in a variety of areas of law, including business and tort litigation, products liability, real estate litigation, insurance disputes, and employment litigation.