Bryan Gowdy presented oral argument to the Florida Supreme Court on behalf of 26 Past Presidents of The Florida Bar Foundation who commented on a proposed rule amendment that would change how IOTA funds are distributed to legal aid organizations in Florida. Fourteen groups commented on, and opposed, the proposed rule. In addition to Mr. Gowdy, the chair of the Florida Supreme Court's Task Force, Mayanne Downs, and counsel for three other groups also presented oral argument--Thomas D. Hall for The Florida Civil Legal Aid Association; Elliot H. Scherker for The Innocence Project of Florida, Inc.; and Raoul G. Cantero for 34 Past Presidents of The Florida Bar.
To watch the oral argument, click here.
The case number at the Supreme Court of Florida is SC20-1543.
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The U.S. Court of Appeals for the Eleventh Circuit reversed a summary judgment entered against Creed & Gowdy's client who alleges serious injuries resulting from the defendant's medical device. The Eleventh Circuit concluded that the district court erroneously excluded expert testimony.
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SCOTUSblog featured a certiorari petition filed by Creed & Gowdy, P.A. on behalf of Ms. Gianinna Gallardo in its "Petitions of the Week."
Bryan Gowdy, Meredith Ross, and co-counsel filed a petition for a writ of certiorari in the U.S. Supreme Court. The question presented is: Under the Medicaid Act, may Florida and the other States recover Medicaid payments of a beneficiary's past medical expenses by taking from the portion of a beneficiary's tort recovery that compensates for future medical expenses? The Florida Supreme Court has answered "no" to this question and ruled that Florida may not take from such portions of tort recoveries. The U.S. Court of Appeals for the Eleventh Circuit has ruled the opposite and authorized Florida to take such portions. Nationally, courts and state legislatures are divided on the answer to this question. The petition asks the U.S. Supreme Court to resolve this conflict by answering the question as the Florida Supreme Court did and to ensure the Medicaid Act is applied the same in all the States to identically situated beneficiaries.
On February 10, 2021 Bryan Gowdy filed a comment in the Florida Supreme Court on behalf of twenty-six past presidents of The Florida Bar Foundation in response to a Florida Supreme Court appointed task force's report and proposed rule on how IOTA funds should be distributed. In addition to the comment, Mr. Gowdy also submitted a proposed rule endorsed by all other commenting stakeholders should the Court decide that Florida's IOTA rule should be amended to include, among other things, an alternative model for distributing IOTA funds.
Click here to read the Comment of the Past Presidents of the Florida Bar Foundation.
Click here to read The Florida Bar's coverage of this case.
Click here to read all comments submitted.