Rebecca Creed prevailed in the Fifth District Court of Appeal on a case in which the DCA dismissed a sovereign immunity appeal for lack of jurisdiction. Read the opinion here. Jessie Harrell and Bryan Gowdy also successfully invalidated another medical malpractice arbitration agreement. The court continued to agree that doctors' practice of requiring patients to sign arbitration agreements on terms different from those contained in the malpractice statutes violates public policy. To read the opinion, click here.
Creed and Gowdy, along with co-counsel, Dana Brooks Cooper and E. Rose Kasweck of Barrett, Fasig & Brooks in Tallahassee, Florida and Jeffrey Kaliel and Sophia Goren of Tycko & Zavareei LLP in Washington, D.C., filed suit Wednesday, July 6, 2016 challenging Florida's "Tampon Tax." The complaint alleges the sales tax charged on tampons and sanitary pads - products used exclusively by women - is discriminatory and unconstitutional.
The State of Florida does not tax most medical items, including common household remedies. Florida does, however, tax tampons and pads, common household remedies that are necessary for women's health and used exclusively by women. Household remedies that are used by both sexes and which serve a similar absorbent function, such as bandages and gauze, are not taxed. Additionally, items used mostly by men, such as Rogaine, are not taxed.
The lawsuit alleges that Florida's decision to charge and collect sales tax on tampons and pads violates the Equal Protection Clauses of the Florida and United States Constitutions because it denies women equal protection under the law by treating them differently and subjecting them to an unfair tax.
To read more about this case, follow the links below.
Rebecca Creed, Bryan Gowdy, and Gray Thomas were recently recognized in the 2016 edition of Florida Trend's Florida Legal Elite. Rebecca and Bryan were both selected Legal Elite in appellate practice, while Gray Thomas was selected Legal Elite in criminal law. The list of honorees, published in the July issue of Florida Trend magazine, includes attorneys in private practice, as well as government and non-profit attorneys. Attorneys named as Legal Elite are chosen by a peer review process in which actively practicing Florida attorneys are asked to name the attorneys that they hold in highest regard. See the article here.
Bryan Gowdy was invited to speak at the Florida Justice Association's Annual Convention Advanced Trial Skills Seminar on June 22, 2016 in Palm Beach, Florida. Bryan's seminar, entitled "New Ways to Overcome the Resistance to Amendment 7 Compliance," focused on the latest developments in PSQIA cases before the Florida Supreme Court, an in-depth look at definitions within Amendment 7, and State-mandated information. To view Bryan's presentation, click here.
Article X, § 25 of the Florida Constitution, known as "Amendment 7," provides patients access to "records made or received in the course of business by a health care facility or provider relating to any adverse medical incident." To view Amendment 7 in its entirety, click here.
Super Lawyers has announced its selection of top Florida lawyers for 2016 and we are proud to announce that Creed & Gowdy has again made the list. Bryan Gowdy and Jessie Harrell are named among Florida's top lawyers in appellate practice, while Thomas Burns has been named a "Rising Star" in appellate practice. Bryan Gowdy is also listed as one of the Top 100 lawyers in the state across all practice groups. Gray Thomas was selected as a Super Lawyer in criminal defense law.
Each year, Super Lawyers recognizes the top lawyers in Florida. Attorneys are selected by peer nominations and evaluations, as well as third-party research. For more information on Florida Super Lawyers, click here.