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.
Rebecca Bowen Creed and Jessie Harrell recently collaberated on a step-by-step guide for covering the basics of trial preservation and creating a proper appellate record in the April of edition of Attorney at Law Magazine. Read the article here.
Creed & Gowdy successfully defended an appeal filed by the City of Jacksonville against a firefighter who filed a petition for workers' compensation benefits and requested authorization to treat with a cardiologist for his heart and hypertension1 issues, compensability, and attorney's fees. Because he was a firefighter suffering from heart disease, a statutory presumption that his work caused the heart disease was available to him under section 112.18, Florida Statutes, which establishes that certain health conditions resulting in a firefighter's disability or death, including heart disease, "shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by competent evidence." § 112.18(1)(a), Fla. Stat. (2014). The City stipulated that there was no evidence of heart disease on the Claimant's pre-employment physical exam. In a written opinion, the First District Court of Appeal sided with the firefighter. Meredith Ross briefed the appeal.
Read the opinion here.