Creed & Gowdy Of Counsel, Thomas A. Burns, won an appeal relating to the Stand Your Ground Statute in the Florida Supreme Court on Thursday. Thomas represented the petitioner, Ketan Kumar, in his appeal to determine whether an immunity determination pursuant to the Stand Your Ground law in a criminal proceeding controls in a civil proceeding. In the opinion, the Court resolved a split between the Florida Second and Third District Courts of Appeal by agreeing with Mr. Kumar's argument that the statute does not automatically confer immunity to a civil defendant who obtained immunity from prosecution in a criminal proceeding. Read the opinion here.
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News 4 Jax article discusses Creed & Gowdy case up for certiorari review in the United States Supreme Court. Read the article here.
In early 2017, the Florida Supreme Court issued an opinion overturning a decision by the First District Court of Appeal, which said a federal patient-safety law shielded the hospital system from disclosing important records during a medical malpractice lawsuit. Southern Baptist Hospital filed a petition for writ of certiorari in June, 2017 in the United States Supreme Court. Creed & Gowdy filed their response to the petition on behalf of Ms. Charles in August.
In the underlying case, the family of Marie Charles filed a malpractice lawsuit alleging she suffered neurological injuries because of negligence while she was a patient at two Baptist Medical Center facilities. While in the lower court, Southern Baptist Hospital of Florida turned over some requested documents but refused to produce others.
Bryan Gowdy and Jessie Harrell, on behalf of their client, Lualhati Crespo a former patient at a Florida women's health provider, told the U.S. Supreme Court there's no reason for the high court to hear the provider's appeal regarding the Federal Arbitration Act (FAA). In their brief in opposition to Women's Care Florida's petition for writ of certiorari, Bryan and Jessie argue that the petition should be denied for multiple reasons, including that since Petitioners did not argue in the state courts that the FAA applied until after the Supreme Court of Florida issued its opinion, the United States Supreme Court lacks jurisdiction to address Women's Care newly asserted reliance on federal law. Read the full Law360 article here.
The Florida Justice Association (FJA) is a state-wide voluntary association of thousands of attorneys concentrating on litigation in all areas of the law. The FJA has been involved as amicus curiae in hundreds of cases in the Florida appellate courts. In a recent case,Richard DeLisle v. Lorrillard Tobacco Co. & Hollingsworth & Vose Co., n/k/a R.J. Reynolds Tobacco Co.; & Crane Co., DeLisle is seeking an appeal from the Supreme Court of Florida on his claims of developing mesothelioma from exposure to R.J. Reynolds Tobacco Co. cigarette filters and Crane Co. gaskets. The FJA decided it was necessary to file as amicus in support of Petitioner, Richard DeLisle. This case is of interest to the FJA because the underlying decision of the Fourth District regarding the applicability of the Daubert Amendment contravenes the separation of powers guaranteed by the Florida Constitution. Bryan S. Gowdy filed the FJA's amicus curiae brief in support of the Petitioner on August 10, 2017.
Law 360 wrote an article on the issue, asking lawyer groups to weigh in on the mesothelioma appeal represented in Richard DeLisle'scase before the Supreme Court of Florida. To read the full article, click here, or visit their website here.
The Florida Justice Association (FJA) has recognized Jessie L. Harrell for her superior achievements in legal writing by honoring her with this year's S. Victor Tipton Award. The S. Victor Tipton Award is awarded for superior achievement in legal writing and is given in honor of S. Victor Tipton, Founder and Editor of the FJA's Journal®. For more on the FJA and Jessie's award recognition, click here.