SCOTUSblog featured a certiorari petition filed by Creed & Gowdy, P.A. on behalf of Ms. Gianinna Gallardo in its "Petitions of the Week."
Bryan Gowdy, Meredith Ross, and co-counsel filed a petition for a writ of certiorari in the U.S. Supreme Court. The question presented is: Under the Medicaid Act, may Florida and the other States recover Medicaid payments of a beneficiary's past medical expenses by taking from the portion of a beneficiary's tort recovery that compensates for future medical expenses? The Florida Supreme Court has answered "no" to this question and ruled that Florida may not take from such portions of tort recoveries. The U.S. Court of Appeals for the Eleventh Circuit has ruled the opposite and authorized Florida to take such portions. Nationally, courts and state legislatures are divided on the answer to this question. The petition asks the U.S. Supreme Court to resolve this conflict by answering the question as the Florida Supreme Court did and to ensure the Medicaid Act is applied the same in all the States to identically situated beneficiaries.
The docket and petition for the case can be viewed here and here.
On February 10, 2021 Bryan Gowdy filed a comment in the Florida Supreme Court on behalf of twenty-six past presidents of The Florida Bar Foundation in response to a Florida Supreme Court appointed task force's report and proposed rule on how IOTA funds should be distributed. In addition to the comment, Mr. Gowdy also submitted a proposed rule endorsed by all other commenting stakeholders should the Court decide that Florida's IOTA rule should be amended to include, among other things, an alternative model for distributing IOTA funds.
Click here to read the Comment of the Past Presidents of the Florida Bar Foundation.
Click here to read The Florida Bar's coverage of this case.
Click here to read all comments submitted.
On January 7, 2021, Fist Coast News interviewed Bryan Gowdy to learn more about how the 25th Amendment could be used to transfer presidential powers to the vice-president.
To watch this interview, click here.
Bryan Gowdy orally argued the case of Wilsonart LLC et al. v. Lopez, Case No. SC19-1336, in which the Florida Supreme Court considered whether to change the state's summary judgment standard. Last week, the court rendered its decision. The court agreed with Mr. Gowdy's arguments that the change to the summary judgment standard should be accomplished via the court's rule-making authority and that the civil rules committee should be given an opportunity to provide input on the change.
You can read more about the recent change to the state's summary judgment standard here.
You can read the court's opinion in Wilsonart here.