No. 20-1263
Gianinna Gallardo, an Incapacitated Person, By and Through Her Parents and Co-Guardians Pilar Vassallo and Walter Gallardo v. Simone Marstiller, In Her Official Capacity as Secretary of the Florida Agency for Health Care Administration
Tags: beneficiary-rights federal-statute future-medical-expenses healthcare-reimbursement medicaid-act medicaid-recovery medical-expenses preemption reimbursement statutory-interpretation tort-recovery tort-settlement
Key Terms:
AdministrativeLaw SocialSecurity Privacy
AdministrativeLaw SocialSecurity Privacy
Latest Conference:
2021-07-01
(distributed 2 times)
Question Presented (AI Summary)
Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid's payment of a beneficiary's past medical expenses by taking funds from the portion of the beneficiary's tort recovery that compensates for future medical expenses
Question Presented (from Petition)
QUESTION PRESENTED Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary's past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses.
Docket Entries
2022-07-08
JUDGMENT ISSUED
2022-06-06
Adjudged to be AFFIRMED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-1263_new_hfci.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Kagan, Gorsuch, Kavanaugh and Barrett, JJ., joined. Sotomayor, J., filed dissenting opinion in which, Breyer, J., joined.
2022-01-10
Argued. For petitioner: Bryan S. Gowdy, Jacksonville, Fla.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Henry C. Whitaker, Solicitor General, Tallahassee, Fla.
2021-12-15
Reply of petitioner Gianinna Gallardo filed. (Distributed)
2021-12-08
CIRCULATED
2021-12-06
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2021-11-22
Brief amici curiae of States of Utah, Ohio, and 12 Other States filed.
2021-11-22
Brief amici curiae of National Conference of State Legislatures, et al. filed.
2021-11-18
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2021-11-17
The record from the 11th Circuit is electronic and located on Pacer.
2021-11-17
Record requested from the U.S.C.A. 11th Circuit
2021-11-17
ARGUMENT SET FOR Monday, January 10, 2022.
2021-11-15
Brief of respondent Simone Marstiller filed.
2021-09-22
Brief amicus curiae of United States filed.
2021-09-22
Brief amicus curiae of American Academy of Physician Life Care Planners in Support of Neither Party filed.
2021-09-22
Brief amici curiae of American Association for Justice and Florida Justice Association filed.
2021-09-15
Joint appendix filed. (Statement of costs filed)
2021-09-15
Brief of petitioner Gianinna Gallardo filed.
2021-07-28
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 15, 2021. The time to file respondent's brief on the merits is extended to and including November 15, 2021.
2021-07-23
Motion for an extension of time to file the briefs on the merits filed.
2021-07-02
Petition GRANTED.
2021-07-01
DISTRIBUTED for Conference of 7/1/2021.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-07
Reply of petitioner Gianinna Gallardo filed. (Distributed)
2021-06-01
Response to petition from respondent Simone Marstiller filed.
2021-05-25
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
2021-05-21
Motion to extend the time to file a response is granted in part and the time is extended to and including June 1, 2021.
2021-05-20
Response to motion from petitioner Gianinna Gallardo filed.
2021-05-20
Motion to extend the time to file a response from May 27, 2021 to July 26, 2021, submitted to The Clerk.
2021-03-25
Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2021.
2021-03-24
Motion to extend the time to file a response from April 12, 2021 to May 27, 2021, submitted to The Clerk.
2021-03-09
Petition for a writ of certiorari filed. (Response due April 12, 2021)
Attorneys
American Academy of Physician Life Care Planners
Courtney Brewer — Bishop & Mills, PLLC, Amicus
Courtney Brewer — Bishop & Mills, PLLC, Amicus
American Association for Justice and Florida Justice Association
Gianinna Gallardo
Bryan S. Gowdy — Creed & Gowdy, P.A., Petitioner
Bryan S. Gowdy — Creed & Gowdy, P.A., Petitioner
National Conference of State Legislatures, National League of Cities, U.S. Conference of Mayors, Government Finance Officers Association
Christopher Egleson — Sidley Austin LLP, Amicus
Christopher Egleson — Sidley Austin LLP, Amicus
Simone Marstiller
Henry Charles Whitaker — Florida Office of the Attorney General, Respondent
Henry Charles Whitaker — Florida Office of the Attorney General, Respondent
James Hamilton Percival II — Florida Attorney General's Office, Respondent
James Hamilton Percival II — Florida Attorney General's Office, Respondent