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Benjamin E. Stearns
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Benjamin E. Stearns

Benjamin E. Stearns

Associate
In this section

Overview

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.

Featured Insights

With All Eyes on
Government Law & Consulting

With All Eyes on "Implementation" of Amendment 4, Senate Bill 7066 Makes Significant Additional Changes to Florida Election Laws in Response to the 2018 Election

Publication
Court Finds Jurisdiction Over Petition to Confirm Arbitration Award in Dispute Between Liquidator an
Reinsurance

Court Finds Jurisdiction Over Petition to Confirm Arbitration Award in Dispute Between Liquidator an

Blog
Discovery Under Section 1782 Denied Based on Finding That Chinese Arbitration Organization Was Not a
Reinsurance

Discovery Under Section 1782 Denied Based on Finding That Chinese Arbitration Organization Was Not a

Blog

Featured Insights

With All Eyes on
Government Law & Consulting

With All Eyes on "Implementation" of Amendment 4, Senate Bill 7066 Makes Significant Additional Changes to Florida Election Laws in Response to the 2018 Election

Publication
Court Finds Jurisdiction Over Petition to Confirm Arbitration Award in Dispute Between Liquidator an
Reinsurance

Court Finds Jurisdiction Over Petition to Confirm Arbitration Award in Dispute Between Liquidator an

Blog
Discovery Under Section 1782 Denied Based on Finding That Chinese Arbitration Organization Was Not a
Reinsurance

Discovery Under Section 1782 Denied Based on Finding That Chinese Arbitration Organization Was Not a

Blog

All Insights

05.14.2019
With All Eyes on "Implementation" of Amendment 4, Senate Bill 7066 Makes Significant Additional Changes to Florida Election Laws in Response to the 2018 Election
04.29.2019
Court Finds Jurisdiction Over Petition to Confirm Arbitration Award in Dispute Between Liquidator an
04.08.2019
Discovery Under Section 1782 Denied Based on Finding That Chinese Arbitration Organization Was Not a
03.21.2019
English Court Enjoins Washington State Court Action in Favor of Arbitration in London
11.09.2018
SEC-ordered Disgorgement is an Uninsurable “Penalty,” not a Covered “Loss”
11.07.2018
Florida Election Recounts – Again
10.17.2018
Florida Insurance Commissioner Issues Hurricane Michael Emergency Order
09.12.2018
New Mexico Adopts NAIC Credit for Reinsurance Model Regulation
09.10.2018
Eleventh Circuit Reverses Sanction Imposed Against Party That Defaulted in Arbitration to Determine
08.23.2018
National Flood Insurance Program Extended to November 30, 2018
08.21.2018
Minority Shareholders Utilize 28 USC § 1782 to Issue Subpoenas in Aid of Criminal Action They Plan t
07.11.2018
Texas Department of Insurance Proposes Regulations Implementing Reduced Collateral Credit for Reinsurance Law Passed by Texas Legislature in 2017
07.09.2018
New Federal Law Aims To Increase Transparency Of International Insurance Standard-Setting Bodies
06.18.2018
Court Applies Arbitration And Continued Performance Provisions Of One Contract To A Separate Performance Guaranty Agreement
05.31.2018
Minnesota Implements The 2011 NAIC Credit For Reinsurance Model Law And Regulations
05.29.2018
Supreme Court Upholds Employee Individualized Arbitration Agreements Against Challenges Based On The National Labor Relations Act
05.10.2018
Tax Counsel Ordered To Produce Documents Related To Odyssey Reinsurance’s Continuing Quest To Collect $3.2 Million Default Judgment Against Richard And Diane Nagby
05.08.2018
Decade-Long Battle Between Policyholder, Reinsurer, And Retrocessionaire To Continue As Reinsurer Files Notice Of Appeal
04.18.2018
West Virginia Amends Credit For Reinsurance Statute To Conform To NAIC Model, Effective January 1, 2019
04.16.2018
Court Applies The “Intertwined-Ness Test” To Find That A Non-Signatory Could Invoke Equitable Estoppel To Compel Arbitration
03.30.2018
Delegation Clause Must Clearly Contemplate Arbitrability of Disputes With Non-Signatories to Be Enforced in Those Disputes
03.27.2018
The FAA’s Presumption in Favor of Arbitration Does Not Require Arguable Ambiguities in Arbitration Agreements to Be Interpreted as “Broadly as Possible”
03.23.2018
Objection, Interrupted
03.07.2018
Arbitration Agreement Selecting Maryland Law Held Unenforceable as to Private Attorney General Claims Brought Under California Law
03.05.2018
Participation in Litigation to Avoid a Default Judgment Does Not Waive a Party’s Right to Compel Arbitration
02.26.2018
When Relying on a Prior Acts Exclusion to Deny Coverage, Be Sure to Connect the Dots
02.14.2018
Wyoming Enacts Legislation and Adopts New Regulations Governing Credit for Reinsurance and Term and Universal Life Insurance Reserve Financing
02.12.2018
Insurance Receiver’s Preemption Argument Under McCarran-Ferguson Fails to Avoid Arbitration of Reinsurance Dispute
01.22.2018
The Federal Arbitration Act Does Not Grant Arbitrators the Power to Compel Pre-Hearing Production of Documents From Non-Parties
01.05.2018
Insurer’s Attempt to Shield Documents From Discovery Through Assertion of the Mediation Privilege and a Relevancy Objection Is Unavailing
01.04.2018
Ninth Circuit: Unconscionability Arguments Directed Solely at Class Action Waiver Provisions in Arbitration Agreements Are Foreclosed by Concepcion
12.14.2017
The Allegation of Non-Arbitrable Private Attorney General Claims Does Not Prevent Arbitration of Individual Claims Raised Simultaneously
12.12.2017
Iowa and Virginia Insurance Regulators Adopt the Naic’s Term Model Rules Governing Term and Universal Life Insurance Reserve Financing
11.24.2017
Odyssey Reinsurance Obtains $3.2 Million Default Judgment and Injunctions Stemming From Fraudulent Transfers Made by Underwriter
11.22.2017
Long-Time Reinsurance Attorney Ruled Not Qualified to Arbitrate 9/11 World Trade Center Reinsurance Dispute
10.12.2017
Procedural Arbitrability Questions Are for the Arbitrator, Not the Judge, Unlike Substantive Arbitrability Questions
10.10.2017
Applied Underwriters, Inc., Loses Argument to Enforce Mandatory Forum Selection Clause in Reinsurance Contract
09.21.2017
Lender-Affiliated Captive Reinsurer Obtains Dismissal of Mortgage Insurance Lawsuit Brought by Illinois Director of Insurance
09.19.2017
Seventh Circuit Affirms Dismissal of Post-Liquidation Reinsurance Claim as Time-Barred
08.30.2017
State Contract Law Governs Which Parties May Enforce an Arbitration Agreement
08.28.2017
CFPB Issues Final Rule Prohibiting Class Action Waiver Arbitration Agreements in Certain Consumer Financial Contracts
08.10.2017
Georgia Revamps Law Governing Captive Insurance Companies
08.08.2017
Eleventh Circuit Defers to Arbitrator’s Interpretation of Forum Selection Clause in International Dispute and Affirms Award
08.01.2017
New Florida Law Addresses Time for Filing Corporate Tax Returns
05.03.2017
In Florida, House Bill 805 Will Likely Allow Insurance Policy Transfers
08.04.2016
SUN Trail-oriented Development: Capitalizing on Florida's Newest Attraction
07.13.2016
Proposed Rule Changes to Florida’s Affordable Housing Allocation and Funding Process
06.24.2016
SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

Credentials

Education
  • Florida State University College of Law (J.D., cum laude, 2013)
  • University of Florida (M.A., 2010)
  • University of Miami (B.A., 2006)
Bar Admissions
  • Florida
Languages
  • Japanese
  • Spanish
Court Admissions
  • Florida State Courts

Background

  • Staff Attorney, Community Affairs Committee, Florida Senate, Tallahassee, FL (2014-2015)
  • Law Clerk, General Counsel's Office, Florida Department of Economic Opportunity, Tallahassee, FL (2013)
  • Law Clerk, General Counsel's Office, Florida Department of State, Tallahassee, FL (2012-2013)

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