Supreme Court of the United States · Official docket →
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
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-13693 · judgment June 26, 2020
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below, and down for a state or local-government respondent.
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.
Counsel of record
For petitioner
Bryan S. Gowdy
Creed & Gowdy, P.A.
For respondent
Henry Charles Whitaker
Florida Office of the Attorney General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
5 merits
(3 supporting pet./neither, 2 respondent)
Argument & decision
Argued January 10, 2022 — Bryan S. Gowdy · Henry C. Whitaker. Audio and transcript
Decided June 6, 2022. Opinion by Thomas.
Proceedings
- Jul 08 2022JUDGMENT ISSUED
- Jun 06 2022Adjudged to be AFFIRMED. Thomas, J., delivered the opinion 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.
- Jan 10 2022Argued. 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.
- Dec 15 2021Reply of petitioner Gianinna Gallardo filed. (Distributed)
- Dec 08 2021CIRCULATED
- Dec 06 2021Motion 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.
- Nov 22 2021Brief amici curiae of National Conference of State Legislatures, et al. filed.
- Nov 22 2021Brief amici curiae of States of Utah, Ohio, and 12 Other States filed.
- Nov 18 2021Motion 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.
- Nov 17 2021ARGUMENT SET FOR Monday, January 10, 2022.
- Nov 17 2021Record requested from the U.S.C.A. 11th Circuit
- Nov 17 2021The record from the 11th Circuit is electronic and located on Pacer.
- Nov 15 2021Brief of respondent Simone Marstiller filed.
- Sep 22 2021Brief amicus curiae of United States filed.
- Sep 22 2021Brief amici curiae of American Association for Justice and Florida Justice Association filed.
- Sep 22 2021Brief amicus curiae of American Academy of Physician Life Care Planners in Support of Neither Party filed.
- Sep 15 2021Brief of petitioner Gianinna Gallardo filed.
- Sep 15 2021Joint appendix filed. (Statement of costs filed)
- Jul 28 2021Motion 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.
- Jul 23 2021Motion for an extension of time to file the briefs on the merits filed.
- Jul 02 2021Petition GRANTED.
- Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
- Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
- Jun 07 2021Reply of petitioner Gianinna Gallardo filed. (Distributed)
- Jun 01 2021Response to petition from respondent Simone Marstiller filed.
- May 25 2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
- May 21 2021Motion to extend the time to file a response is granted in part and the time is extended to and including June 1, 2021.
- May 20 2021Motion to extend the time to file a response from May 27, 2021 to July 26, 2021, submitted to The Clerk.
- May 20 2021Response to motion from petitioner Gianinna Gallardo filed.
- Mar 25 2021Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2021.
- Mar 24 2021Motion to extend the time to file a response from April 12, 2021 to May 27, 2021, submitted to The Clerk.
- Mar 09 2021Petition for a writ of certiorari filed. (Response due April 12, 2021)