In the latest of a series of our med mal arbitration fights in the southeast, the Supreme Court has refused to grant Kindred Hospital East LLC's certiorari petition after a ruling in the Florida appellate court found that the healthcare provider's patient arbitration agreement was unenforceable since it ran afoul of state law. Bryan Gowdy represented the respondent in the case and pushed for denial of the petition. Read the article here.
Peter Kang of Law360 interviewed Bryan Gowdy for his opinions on Florida cases that had significant rulings in 2017. The interview was part of 360's article on The Biggest Med Mal Decisions And Verdicts Of 2017. Read the full article here.
See Bryan Gowdy's recent statement regarding Tim Cerio's proposal that would amend the state Constitution to place limits on what types of records could be used in lawsuits filed against doctors, hospitals and other health-care providers.
On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility of expert or scientific evidence. Creed & Gowdy attorneys filed an amicus brief in the case on behalf of the Florida Justice Association.
Read more about the case here.
The 11th Circuit vacated a $1.8m forfeiture order. The Government had charged a husband and wife for conspiracy and substantive counts of tax return fraud. On appeal, the question was whether it violated the Excessive Fines Clause of the 8th Amendment to enter a $1.8M forfeiture order when the facts established a defendant was responsible for only $600k. After briefing concluded, the Supreme Court decided Honeycutt, which said, for a related forfeiture statute, the Government couldn't do that. Thomas Burns, of Burns P.A., filed a Rule 28(j) letter re: Honeycutt, and the Government confessed error.
Read more about the case here.