On June 24, 2022, Bryan Gowdy & Floyd Fagile presented at the American Association for Justice. The Webinar, titled "Medicaid Liens: How we got to Gallardo v. Marstiller and where do we go next?" was delivered over a video call. They reviewed the history of the Medicaid Act and its relationship to tort recoveries, and past litigation over Medicaid liens. They focused specifically on the litigation history of Gallardo v. Marstiller and how decisional law on Medicaid liens changed as the case worked its way up to the Supreme Court level. More information about the presentation can be found here, along with a purchasable digital version of the Webinar.
The U.S. Supreme Court issued a decision today in Gallardo v. Martstiller, a case in which Creed & Gowdy represented a Medicaid beneficiary, Ms. Gianinna Gallardo. Bryan Gowdy made this statement today in response to press inquiries:
We respect the Court's decision, though we are disappointed and agree with Justice Sotomayor's interpretation of the statutes. The decision, we believe, will harm Medicaid beneficiaries. We hope that Congress will consider amending the statutes.
The Florida Supreme Court ruled in favor of Creed & Gowdy's client, Patty Davis. The court held that the worker's compensation law did not preclude injured workers, like Ms. Davis, from filing suit under the Florida Consumer Collections Act against medical providers who improperly bill workers for medical services or items covered by worker's compensation insurance. Ms. Davis also was represented by Christa L. Collins of Collins Law PL and Kristin A. Norse and Stuart C. Markman of Kynes, Markman & Felman, P.A., Tampa, Florida.
Bryan Gowdy recently appeared before the U.S. Supreme Court for oral arguments in Gallardo v. Marstiller on January 10, 2022. After that appearance. Mr. Gowdy was asked to give a presentation on the case for the American Constitution Society on March 1, 2022. Information about the presentation can be found here, and a video of his presentation can be found here.
Bryan Gowdy and Dimitrios Peteves represented the Florida Justice Association and wrote an amicus curiae brief supporting the Respondent in a recent Supreme Court of Florida case, Weston Insurance Company v. Riverside Club Condominium Association, Inc. In their brief, Mr. Gowdy and Mr. Peteves argued that it was not improper for the trial court to order an appraisal of Hurricane Irma property damage to the Riverside Club before the trial court could make a decision about Weston's' insurance coverage. This case has implications for decisions at the appellate court level, as there is a disagreement between district courts on whether an appraisal is needed before the trial court can rule on insurance coverage issues. Law360 wrote an article discussing these issues in further detail and can be found here (subscription required). The case is still pending before the Supreme Court of Florida.