Recent Cases & News

SEP 21
Medical records case now in U.S. Supreme Court continues to draw attention

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.

SEP 05
Law360 article reviews Creed & Gowdy brief in the United States Supreme Court

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.


AUG 10
Creed & Gowdy Files Amicus Curiae Brief on Behalf of the Florida Justice Association

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

AUG 08
Jessie Harrell Selected as 2017 Recipient for FJA's S. Victor Tipton Award

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 JournalĀ®. For more on the FJA and Jessie's award recognition, click here.

JUL 11
Amici Curiae Brief Urges High Court to Overturn January Florida Supreme Court Decision in Southern Baptist Hospital of Florida, Inc. v. Charles et al.

The American Hospital Association and the Federation of American Hospitals filed an amici curiae brief in Southern Baptist Hospital of Florida, Inc. v. Charles et al., urging the Court to overturn its January decision because it compromises the effectiveness of the Patient Safety Act. Bryan Gowdy responded to Law 360, arguing that no case or controversy exists. Mr. Gowdy is unsure why so many amici are preparing briefs for a case that the United States Supreme Court would find unreviewable. To read the full Law360 article, click here