Practice Areas

Pennington P.A.'s Practice Areas

Pennington P.A.'s team offers our expertise in a wide range of legal matters. Explore our services below. Use the button below to schedule your consultation at one of our 3 locations in Florida. Or call 850-222-3533.

  • Administrative Law

    Pennington, P.A. represents clients in proceedings involving state agencies under Florida's Administrative Procedure Act, including bid protests, rule promulgation, and rule challenges, certificates of need, licensure proceedings, development permitting, declaratory statement petitions, electric utility territorial disputes, and public utility regulation. The firm also litigates state and federal constitutional challenges to legislation and administrative agency action.

Our Experience

Our team has successfully represented clients before the Executive Office of the Governor and most of Florida's administrative agencies, including:

  • Agency for Health Care Administration 
  • Department of Agriculture and Consumer Services
  • Department of Business and Professional Regulation
  • Department of Elder Affairs
  • Department of Environmental Protection
  • Department of Financial Services 
  • Department of Health
  • Department of Management Services
  • Department of Revenue
  • Department of Transportation
  • Florida Housing Finance Corporation 
  • Office of Banking and Securities 
  • Office of Insurance Regulation 
  • Public Service Commission
  • Water Management Districts

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  • Alternative Dispute Resolution

    Pennington P.A. offers conflict resolution expertise to provide neutral, cost-effective conclusions to pre-suit and litigated matters.


    Pennington P.A., is committed to efficiently and effectively resolve your case through the ADR process by utilizing mediations, arbitrations, and hybrid proceedings in both in-person and videoconference formats. Pennington’s ADR specialist routinely addresses and resolves conflicts pre-suit, multi-party, and complex claims involving construction claims, first-party property claims, personal injury matters, consumer law issues, commercial litigation, and insurance disputes. Pennington’s mediator and arbitrator has developed a national reputation and serves on multiple panels for the American Arbitration Association and works with the parties to select and perform the proper ADR forum offering the best chance for success.  

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  • Business Transactions and Litigation

    Pennington, P.A.’s business transactions and litigation group is a team of experienced transactional and trial lawyers devoted to advising businesses and business owners and litigating business issues. Each team member offers diverse expertise in various industries and types of transactions and litigation, and each case is custom matched to a team of lawyers who best fit that particular case. Pennington partners with for-profit and not-for-profit corporations, limited liability companies, partnerships, and joint ventures on wide range of areas.

Our Experience

  • Agricultural Contracts
  • Business Entity formation and advice
  • Dissolution and Wind Up
  • Formation, Performance and Breach of Contracts
  • Healthcare Related Contracts
  • Insurance and Reinsurance Agreements
  • Insurance Policies
  • Non-competition Agreements
  • For-profit entities
  • Non-profit entities
  • Associations
  • Personal Services Contracts
  • Purchase and Sale Agreements, Construction Contracts and Subcontracts 
  • Shareholder Derivative Actions and Other Disputes
  • Condominium and Homeowners’ Associations
  • Eminent Domain
  • Long Term Leases

To round out our business practice, we have expertise in the litigation of federal and state constitutional issues. We have experience in litigation involving the permissible extent of state regulation of interstate commerce and the constitutionality of statutes, rules, and non-rule policies governing intrastate commerce in industries ranging from real estate brokerage to insurance to public Finance.

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  • Construction Law & Development

    Complex cases require specialized industry experience. Pennington P.A.’s Board Certified attorneys have broad experience in various aspects of construction law and development, representing homeowners, contractors, developers, and homeowner associations.


    Pennington attorneys routinely advise and represent construction clients in residential and commercial matters, including construction defect, worksite accident litigation, roadway construction zone accidents, construction bid protests, construction lending, contract preparation and analysis, additional insured and indemnification claims, delay claims, permitting, and first-party defense. Our representative clients include building contractors, homeowners, developers, architects, roadway construction companies, banks, and construction insurers. Our goal is to foster an attorney-client relationship providing the highest level of cost-effective client service while achieving the best possible outcome for our clients.

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  • Environmental Law

    Pennington P.A.’s environmental law team is the natural complement to the firm’s real property and water law practices. Whether our clients need assistance in environmental due diligence for a proposed transaction, are seeking the permits necessary to utilize their property, or are faced with a claim of contamination, our lawyers have the expertise to assist. We work with a team of experts to guide our clients through the overlapping environmental regulatory maze.

Our Experience

Our lawyers have experience with obtaining the local, state, and federal permits needed, including permitting and mitigation of wetland impacts, management and storage of storm and surface water, consumptive use permitting, obtaining agricultural exemptions from permitting, drinking water and wastewater permitting, farm labor housing permitting, dredge and fill permitting, mining regulation permitting and sovereign submerged land leases. Our experience representing both the permitting agencies and private property owners gives us valuable insights into the process which we utilize to benefit our clients. 


We also represent clients facing environmental enforcement issues, such as alleged permit violations in administrative and judicial proceedings. Our lawyers have significant CERCLA and Superfund experience, often negotiating consent orders to address the assessment and remediation of soil and groundwater contamination. When necessary, our lawyers have litigated against local, state, and federal agencies and neighboring property owners to resolve contamination claims.

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  • Government Affairs

    Pennington P.A.’s attorneys and special consultants have decades of experience representing clients before the Legislature, the Governor and Cabinet, and numerous state agencies.


    The Pennington team includes former Senior Management Regulators and Legislative Director /Cabinet Affairs staff.


    These former regulators have years of experience directing and overseeing licensing, rate making, financial examinations, market investigations, and liquidation of insurance companies and insurance agencies. Their experience also extends to the regulation of banks, extended warranty companies, and other entities subject to State governmental oversight.   


    Former Legislative Director/Cabinet Affairs staff on the team were directly responsible for the review and recommendations to Cabinet members on legal and policy matters, including environmental permits, natural resource protection, education policy, and administrative oversight of governmental agencies. Legislative Director duties included direct responsibility for lobbying the Governor’s program through the Legislature and policy advisement on all current matters involving the Legislature.  


    Pennington’s Government Affairs team prides itself on thoroughly researching and understanding client issues to advise the client on each option for expeditiously accomplishing legislative and regulatory goals. Pennington’s honesty, legal ethics, and moral integrity are unwavering, and its emphasis on delivering superior service with informed and effective client communication is fundamental to its approach in this area.


    The expertise and services provided by our governmental & legislative affairs team include:


    1. Legislative and regulatory advocacy through strong relationships among clients, elected officials, executive branch leadership, and key legislative staff;
    2. A thorough and detailed knowledge of public policy and process;
    3. Strategic coalition building to support or oppose issues;
    4. Effective navigation of the regulatory bureaucracy within a variety of state agencies;
    5. Innovative solutions to complex compliance issues; and
    6. Competent guidance regarding state procurement opportunities and securing state funding for projects and programs.

    With many years of experience, intimate knowledge of the complexities of state government, and close working relationships with regulators, policymakers, and legislative staff, Pennington’s seasoned legislative and regulatory lobbyists have a proven track record of success with a positive return on investment for clients.

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  • Healthcare Law

    Pennington P.A. has been providing advice and counsel to healthcare providers for over twenty years. As healthcare regulation continues to become more onerous and complex, Pennington’s healthcare lawyers have focused on providing thorough, efficient, and effective representation to healthcare industry clients, including healthcare systems, hospitals, laboratories, physicians, group practices, trade associations, insurers, HMO’s, hospices, long term care facilities, skilled nursing facilities, home health agencies, nurses, physician assistants and all other licensed health care professionals and entities.

Our Expertise

  • Anti-Kickback/Fraud and Abuse
  • Anti Self-Referral (Stark)
  • Business Relationships and Transactions
  • Certificate of Need
  • Contracting
  • Corporate Compliance
  • EMTALA
  • Federal Agency issues and investigations, including but not limited to the Office of Civil Rights, Office of Inspector General (OIG), Centers for Medicare and Medicaid Services (CMS), Law Enforcement
  • Florida Division of Administrative Hearings (DOAH)
  • General Counsel Services
  • HIPAA Compliance and Defense /HiTech
  • Licensure and Regulatory Issues
  • Medicare/Medicaid Audit Defense
  • Medical Records
  • Mergers, Sales, and Acquisitions
  • Professional Liability (medical malpractice) Defense
  • Reimbursement and Third-Party Payor Issues
  • State Agency Issues and Investigations, including but not limited to AHCA, Department of Health, Department of Children and Families, Department of Elder Affairs, Attorney General/Department of Legal Affairs
  • Subpoenas

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  • Insurance Defense

    A successful insurance defense practice requires a high degree of trust and the ability to efficiently achieve the right results. Trust and efficiencies are earned through personal attention to the matters entrusted and not a one-size-fits-all approach. Insurance carriers trust Pennington, P.A. every day with the defense of their insureds in high-stakes litigation.


    The attorneys on our insurance defense team bring decades of insurance defense experience to the table, which affords our insurance clients great value. From pre-suit exposure analysis through appeals at the high courts, our insurance defense attorneys are uniquely equipped to navigate the minefields of personal injury, wrongful death, construction defect, professional liability, and workers compensation cases – to name a few. We are also honored to protect the interests of insurance carriers themselves in the complex world of insurance coverage and “bad faith” claims practices disputes.

Our Expertise

  • Automobile Negligence 
  • Bad Faith Claims Practices
  • Catastrophic Personal Injury Claims
  • Construction and Building Design Defects
  • Construction Site Accidents
  • Insurance Coverage Disputes
  • Mass Torts and Toxic Torts
  • Product and Pharmaceutical Liability
  • Professional Liability and Malpractice
  • Slip-and-Falls and Premises Liabilities 
  • Trucking Accidents
  • Workers’ Compensation Claims
  • Wrongful Death Claims

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  • Insurance Regulatory

    Pennington P.A. provides regulatory compliance support and analysis and legal representation to domestic and foreign insurers, reinsurance brokers, premium finance companies, insurance agents and agencies, industry trade associations, and other insurance-related entities.


    Members of the insurance regulatory team, which include former senior-level insurance regulators, represent clients before the Florida Department of Financial Services, the Florida Office of Insurance Regulation, the Florida Division of Administrative Hearings, and insurance regulatory agencies throughout the country.

Our Expertise

  • Acquisition and Re-domestication of Insurance Entities
  • Administrative Rulemaking
  • Agent/Agency Disciplinary Actions / Defense and Resolution
  • Civil Appeals Relating to Governmental Agency Decisions
  • Constitutional Litigation
  • Extended Warranty/Service Contract Provider Licensing 
  • Financial and Market Conduct Examinations
  • Financial Reporting 
  • Insurance Company Formation and Licensing 
  • Rate and Form Filings
  • Reinsurance Cessation and Retrocession

We understand all facets of the insurance and service contract industries and are able to provide informed analyses of the enterprise, its programs, and products which translates into reliable strategies for achieving our client’s objectives.


The insurance regulatory team coordinates very closely with our firm’s Government Affairs team so that we can effectively represent insurance industry clients in an ever-changing legislative arena. We also actively monitor issues and activities under consideration by the National Association of Insurance Commissioners on behalf of our clients.

The Team

  • Cynthia S. Tunnicliff — Tallahassee, FL — Pennington P.A.
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    Intellectual Property

    Secure Your Genius ™

    Pennington P.A.’s intellectual property team provides our domestic and international clients with a full array of legal services relating to patents, trademarks, copyrights, and trade secrets, including intellectual property litigation and transactions; trademark, patent, and copyright acquisition; and counseling to develop and protect intellectual property rights throughout the United States and elsewhere around the world.

    • Intellectual Property Litigation

    The intellectual property team litigates intellectual property disputes, including patent infringement, trademark infringement, trade secret misappropriation, copyright infringement, licensing disputes, claims under the anti-cybersquatting consumer protection act (“ACPA”), and matters involving complex mechanical, software, and engineering technologies in courts throughout the United States. We provide honest advice and work with every client to develop a unique strategy for each case that best fits its individual business plans and goals. 

    • Patent Acquisition and Counseling

    Consisting of attorneys, engineers, and a biologist, Pennington P.A.’s patent team assists clients with the cost-effective management of both individual patents and full patent portfolios. We handle all aspects of the patent application process, including a pre-filing patent search to determine the scope of protection that the invention would receive and the chance of successfully obtaining a patent, patent drafting, filing a patent application before the U.S. Patent and Trademark Office, reissue applications, reexamination proceedings, inter partes review and appellate proceedings. We can also assist with prototype development and functionality improvements for your invention. 


    The firm’s intellectual property team drafts and negotiates intellectual property licensing, development, confidentiality, and non-disclosure agreements. 

    • Trademark Acquisition and Counseling

    Pennington handles trademark acquisition, opposition and cancellation proceedings, licensing agreements and disputes, and internet domain name matters. 


    We provide trademark searches to determine the chance of successfully registering your trademark, we counsel clients about the relative strength of their proposed trademarks and how to use them, and we draft and file U.S. trademark applications for clients. We also help resolve trademark disputes and defend trademark rights.

    • Copyright Acquisition and Counseling

    Pennington regularly assists clients in acquiring copyright registrations with the U.S. Copyright Office. We ensure that agreements relating to copyright interests and ownership are properly drafted. We regularly defend our clients’ copyright interest in original works of authorship and help clients understand potential copyright liability, and respond to allegations of copyright infringement.

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    • Labor & Employment Law

      Whether your organization as an employer is small or large, it has likely developed a unique culture. Pennington P.A.’s labor and employment law group advises management with strategic advice to match that culture with compliance to better prevent claims and litigation through effective policy drafting, organization, and employee training, and best practices advice.


      While avoiding claims is ideal, it is not always possible. If and when your organization needs a strong defense to a labor or employment issue in federal, state, or local administrative or court forums, our attorneys have over 100 years of combined experience to assist you. Our attorneys have successfully defended against all types of labor and employment claims.

    Our Expertise

    • Civil Rights Litigation
    • COBRA
    • Americans with Disabilities Act (ADA)
    • Discrimination
    • Drugs and Alcohol in the Workplace
    • Employee Benefits
    • Employment Contracts
    • Equal Employment Opportunity (EEOC)
    • False Claims Act (qui tam) and whistleblower
    • Family and Medical Leave Act (FMLA)
    • Florida Commission on Human Relations
    • Government Contractors (Service Contract Act and Davis Bacon Act, and other areas)
    • Harassment Claims and Investigation
    • Non-Compete Agreements
    • Occupational Safety and Health Law
    • Personnel Policies
    • Retaliation Claims
    • Unemployment 
    • Union Activity, Unfair Labor Practice Proceedings,
    • Union Collective Bargaining and Grievance Arbitration
    • Wage and Hour Compliance, Government Investigations, and Plaintiff Court Action
    • Workers’ Compensation
    • Wrongful Discharge

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    • Land Use

      Pennington P.A. has broad experience in land use law, and our team practicing in this area represents local governments, developers, and property owners.


      Pennington attorneys routinely advise local government clients in land use matters, including rezonings, variance requests, comprehensive plan amendments, special exceptions, and conditional use applications. Our representation in land use matters often involves appearances at hearings and proceedings before local, regional, and state boards and agencies. In addition, Pennington attorneys have undertaken substantial revisions to the land development regulations for local government clients and worked with them to establish overlay districts and engage in transportation corridor planning. Our comprehensive approach to land use matters includes working with members of our real property, litigation, and local government practice groups to ensure our clients’ goals are achieved.

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    • Local Government Law

      Pennington P.A. proudly represents local governments, including counties, cities, special purpose governmental entities, and regional water supply authorities.


      Pennington serves as General Counsel to Central Florida Regional Planning Council, Florida Governmental Utility Authority, and the Northwest Florida Water Management District.


      Pennington lawyers provide day-to-day representation in matters including public records, open meetings law, procurement, ordinance drafting, permitting, property acquisition, and land use. In addition to providing comprehensive services as General Counsel, Pennington attorneys assist local government clients in regulatory and governmental affairs and on a project-by-project basis to meet specialized or short-term needs. Recent projects include comprehensive planning consultation, transportation corridor planning, and right-of-way acquisition for Citrus County road projects, as well as property acquisition for utility facilities and substantial revisions to the land development regulations for DeSoto County.

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    • Medical Malpractice Defense

      When a medical professional or medical entity is sued for professional malpractice, malpractice insurers trust Pennington P.A. to defend their insured against high-stakes claims.


      Our medical malpractice attorneys are seasoned trial attorneys, skilled at assessing when a case should be tried, and have repeatedly obtained defense verdicts. When the trial is not appropriate, we excel at achieving reasonable settlements. In a field where cases can often take many years, we make every effort to resolve cases quickly and efficiently for our clients, emphasizing early and aggressive intervention in an attempt to resolve claims as expeditiously as possible. In our decades of practice, Pennington has developed professional relationships with leading experts in many important medical fields to assist in providing the best defense possible.


      Our cases include complaints of physical and emotional harm under Florida Statute § 766.102, Wrongful Death Act claims, and licensure matters before the Florida Department of Health and its various licensure boards. We take pride in mitigating damage to our clients’ professional reputations and losses to their insurers. Our attorneys are admitted to practice at every level of the state and federal court system in Florida, as well as the United States Supreme Court.


      We establish long-term relationships with our clients, whether they are claims specialists from large insurance companies or small-practice physicians without insurance.

    Our Expertise

    • Physicians
    • Hospitals
    • Nurses
    • Pharmaceutical Companies
    • Chiropractors
    • Oral and Maxillofacial Surgeons
    • Physician Assistants
    • Physician Practice Groups
    • Urgent Care Clinics
    • Dentists
    • CRNAs

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    • Products Liability & Toxic Torts

      Taking the complex and making it simple is the key to success in defective products and toxic tort litigation. Clients in such litigation need an advocate who understands the complexities involved and has the rare ability to distill those complexities down to a straightforward and defensible position. Each of the attorneys in our products liability and toxic torts team is gifted with that ability. Our attorneys have successfully represented clients across the product liability spectrum, from the local consumer product retailer or suppliers to the international pharmaceutical conglomerate. We are equipped to analyze scientifically and technically complex claims effectively. We have fought and won expert witness battles. We have prevailed in major trials, firmly establishing our clients’ defenses to the jury. Simply put, we are better prepared than the opposition.

    Our Expertise

    • Automobiles and Components
    • Aviation and Aircraft Components
    • Chemicals, Including Paints and Coatings
    • Commercial and Household Appliances
    • Construction Materials and Building Components
    • Electrical Products
    • Firearms and Carbon-Fiber Arrows
    • Industrial Products and Systems
    • Medical and Surgical Devices
    • Medications, Drugs, and Pharmaceutical Products
    • Scaffolds
    • Toys and Recreational Products

    The Team

  • Stuart Poage — Tallahassee, FL — Pennington P.A.
  • Michael J. Thomas — Tallahassee, FL — Pennington P.A.
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    • Professional Liability Defense

      When professionals are sued for malpractice involving high-stakes matters, professional liability insurers and E&O carriers trust Pennington P.A. to defend and protect their insureds.



      Our attorneys defend a wide array of professionals facing allegations of negligence, breach of fiduciary duty, breach of contract, and similar theories oftentimes resulting from underlying transactions or business endeavors that may have turned negative. Customers of these professionals often try to impose duties and responsibilities that were never considered part of the original relationship. These professionals have dramatically increased claims over the past several decades. We have significant experience representing these professionals and understand the usual duties and responsibilities commensurate with these fields so that we can properly oppose efforts of claimants to shift their duties and responsibilities to the professional, which must be done to defend these claims properly.


      Many of these types of claims fall under Errors & Omissions and Directors & Officers' liability insurance coverage. Our philosophy is to always work in tandem with insurance companies, adjusters, and claimants toward early evaluation of the claim, position toward resolution if possible, but prepare for litigation if necessary.

    Our Expertise

    • Insurance Agents and Brokers
    • Attorneys
    • Appraisers
    • Title Agents
    • Real Estate Agents
    • Accountants
    • Tax preparers
    • Financial Advisors

    The Team

  • Michael J. Thomas — Tallahassee, FL — Pennington P.A.
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    • Real Property Transactions & Litigation

      Real Property Law has been a focus of Pennington P.A. since its inception. Our lawyers have decades of real property experience and an excellent reputation for handling complex real property matters. Pennington provides a full range of services related to commercial real estate transactions, from purchase and loan closings to major land planning and development matters, as well as litigation of matters involving real property. The real property law practice team represents a variety of clients, including lenders, developers, title insurance companies, governmental entities, small and large businesses, landlords and tenants, and individual sellers and purchasers. The firm is an authorized title insurance agent for several national title insurance companies.

    Our Expertise

    • Commercial Closings 
    • Contract Drafting 
    • Drafting of Residential and Commercial Condominium and Owner Association Documents
    • Easements, Drainage, and Water Rights Disputes 
    • Equity and Debt Financing Documentation
    • Lease Arrangements
    • Condominium and Homeowners’ Associations
    • Mortgage Foreclosure Prosecution and Defense
    • Preparation of Conservation Easement
    • Purchase, Sale, and Management of Large Acreage Tracts
    • Real Property Litigation, including Title and Boundary Disputes, Title Insurance Claims, and Commercial Landlord/Tenant Dispute
    • Subdivision, Shopping Center, and Office Park Development
    • Zoning and Land Use Permitting, Including Farm Labor Housing for Agricultural Tracts
    • Condominium and Homeowners’ Associations
    • Easements and Boundaries
    • Eminent Domain
    • Long Term Leases
    • Mortgages and all Aspects of Real Estate Development
    • Restrictive Covenants
    • Titles and Title Insurance
    • Water Law

    Pennington also provides a full spectrum of representation for homeowners’ associations, condominium associations, and developers. The Homeowners’ and Condominium Association's attorneys routinely assist clients in a full range of community association legal needs, including drafting community documents and amendments, covenant and rule enforcement, termination, assessment and fine collection, corporate operations, conducting meetings and elections, arbitration, mediation, litigation, and advice regarding corporate operations. Our lawyers take a comprehensive approach to meeting our client’s needs and are able to assist with all aspects of creating, operating, and maintaining homeowners’ and condominium associations.

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    • Trucking & Transportation Defense

      Trucking and transportation claims are often complex and involve catastrophic personal injury, death, and extensive property damage. From the local carrier to the national fleet, Pennington P.A. has the tools and experience to defend and efficiently resolve such matters aggressively.


      Pennington’s Trucking and Transportation practice group comprises seasoned trial attorneys who are well-versed in this industry's unique economic, risk management, and legal needs.  Its members are skilled in representing intrastate and interstate motor carriers, drivers, owner-operators, insurers, and other transportation-related entities throughout the southeastern United States.  We provide our services to Commercial Carriers, Private Owner/Operators, Shipping & Cargo Companies, and Bus & Limousine Operators. Attorneys in this practice area are active in a number of industry-specific legal organizations, including the Transportation Lawyers Association, the Florida Trucking Association, and The Defense Research Institute.

    Our Expertise

    • Personal Injury and Death
    • Property Damage
    • Products Liability
    • Labor & Employment Disputes
    • Workers Compensation 
    • Hazardous Materials
    • Contract Preparation, Review, and Negotiation
    • Cargo Loss
    • Environmental Losses

    The Team

  • Michael J. Thomas — Tallahassee, FL — Pennington P.A.
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    • Water Law

      Water law is the field of law dealing with the ownership, control, and use of water as a resource. Of vital interest to Florida, Pennington, P.A. has been at the forefront of water law for over a decade. The water law practice team represents governmental entities involved in regulating water use as well as cities, counties, utilities, nonprofit organizations, and individual users in the areas of permitting, rules, regulation, enforcement, and use rights. This representation often involves negotiation and planning between interested parties. Pennington P.A. water law attorneys are well-versed in handling litigation in state civil and administrative courts and federal court, with decades of experience in these areas.

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    • Worker's Compensation

      When faced with a claim under the Florida Worker’s Compensation Act, employers and third-party administrators trust Pennington P.A. to defend their interests in the complex realm of worker’s compensation litigation.


      Pennington's worker's compensation practice group is comprised of experienced trial attorneys who can handle claims involving all aspects of the Florida Worker's Compensation Act. While the worker's compensation process can be lengthy and complicated, our attorneys are well-equipped to handle all matters from initial investigation to settlement and hearing. Our team is steadfast in its desire and commitment to represent and defend our clients, who range from small business owners to large insurance companies and third-party administrators.

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    Contact Pennington P.A. at 850-222-3533 for reliable representation.

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