The law suit that Creed & Gowdy filed in July of 2016 on the unconstitutionality of taxing feminine hygiene products is finally seeing relief in Florida. Starting in January, feminine hygiene products will be tax-exempt in the state of Florida. Joining 13 other states and the District of Colombia on tax exempting feminine hygiene products, Floridians will save an average of $11 million per year. Gov. Rick Scott signed the $180 million tax cut package bill on Thursday, May 25, 2017 after it was approved in the Florida House of Representatives and Senate.
Florida will eliminate taxes charged on tampons under a measure passed by the state Legislature on Tuesday. The Florida House of Representatives and Senate approved the bill with a 109-3 and 34-4 vote, respectively. The bill will become law if approved by Gov. Rick Scott in January, exempting feminine hygiene products from taxation in Florida. Creed & Gowdy filed a law suit on July 6, 2016, alleging that the tax charged on tampons and sanitary pads - products used exclusively by women - is discriminatory and unconstitutional. For more information on the bill, click here to read the full article.
Read the press statement released by Creed & Gowdy's co-counsel, Barrett Fasig & Brooks, here.
The plaintiffs, a family injured when the defendant's employee crashed into the rear of their vehicle, had asked the trial court for separate trials on their distinct and independent claims for damages. The trial court agreed that separate trials were appropriate, and the defendant filed a petition for a writ of certiorari to quash the order. The First District Court of Appeals summarily denied the defendant's petition. Rebecca Creed and Meredith Ross briefed the certiorari response.
Read the response here.
Rebecca Creed was recently selected for inclusion in the Best Lawyers® 2017 "Women in the Law" Spring Business Edition, produced in collaboration with the Coalition of Women's Initiatives in Law, for Appeallate Practice in Jacksonville. The business edition highlights all women lawyers recognized in the 23rd (2017) Edition of The Best Lawyers in America© and the 2017 women "Lawyer of the Year" recipients across all practice areas in the United States.
See the issue here.
In a huge win for our clients, the United States District Court for the Northern District of Florida declared parts of a Medicaid reimbursement statute preempted and unconstitutional, and enjoined the State of Florida's Agency for Health Care Administration (AHCA) from using it to enforce its liens in personal injury cases.
On behalf of the clients and their incapacitated daughter, Meredith Ross and Bryan Gowdy of Creed & Gowdy, together with co-counsel Floyd Faglie, filed for summary judgment to obtain declaratory and injunctive relief against AHCA. The summary judgment motion sought to invalidate, on preemption grounds, a state statute that AHCA invokes to collect reimbursement of past Medicaid payments from portions of the recipient's personal injury award/settlement representing future medical expenses. The district court agreed with our position and concluded the Florida statute is preempted by federal law to the extent it permits AHCA to seek reimbursement from payments for future medical expenses, and to the extent it requires Medicaid recipients to rebut an arbitrary statutory formula with clear and convincing evidence.
Read the order here.