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Jeffrey J. Grosholz

Associate
Tallahassee Office
850.222.6550
Email

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Practices

  • Employment and Labor
  • Government and Administrative
  • Education
  • External General Counsel Services
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    Profile

    Jeffrey Grosholz focuses his practice on education law, primarily aimed at representing school boards, as well as all aspects of education, employment, and labor law for clients in both the public and private sector. He currently serves as the school board attorney for the Baker County School Board in Florida. Jeffrey also handles constitutional litigation, and defends state and local government agencies against allegations of civil rights and tort violations. Jeffrey also represents clients in the pesticides and pest control industry.

    Jeffrey participated in the RumbergerKirk Summer Associate Program in 2018.  After graduation he clerked for the Honorable James A. Edwards of Florida’s Fifth District Court of Appeal. While in law school, he served as a judicial extern for the Honorable Mark E. Walker of the United States District Court for the Northern District of Florida.

    Details

    RumbergerKirk attorneys Nicole Smith, Samantha Duke, and Jeffrey Grosholz secured a final summary judgment in MSPA Claims 1, LLC v. Tower Hill Prime Insurance Co. in the United States District Court for the Northern District of Florida. Plaintiff, an alleged three times removed assignee of a now-defunct Medicare Advantage Organization, sued Tower Hill Prime Insurance Company and Tower Hill Claims Services, LLC, for double damages under the Medicare Secondary Payer Act. Plaintiff claimed Tower Hill was a primary payer under the Act, but that it had failed to make payments for Medicare-covered services provided to the original assignor’s enrollee. This was one of a plethora of class action lawsuits Plaintiff and its related entities have filed in Florida, as well as elsewhere nationwide, seeking recovery under the Medicare Secondary Payer Act for payments that entities such as Tower Hill should have allegedly paid.

    Plaintiff’s case was predicated on a single Medicare Advantage enrollee’s claim, although it alleged to have more. Early attempts by Plaintiff to force Tower Hill to engage in data matching that would, Plaintiff argued, prove the existence of these alleged other claims were denied by the court. After extensive discovery, both parties moved for summary judgment. Plaintiff also moved for class certification. Following a hearing on the competing motions for summary judgment, the court requested supplemental briefing on the applicable statute of limitations. Namely, the statute of limitations for the federal government’s cause of action under the Medicare Secondary Payer Act is three years, whereas the Act is silent as to the private cause of action’s limitations period. The court thus asked the parties for argument on what the applicable statute of limitations should be. Both parties submitted additional briefing on the matter, with Tower Hill arguing, in part, that the government’s three-year statute of limitations should be borrowed while Plaintiff argued the six-year statute of limitations applicable to actions brought under the False Claims Act should be used.

    After consideration, the court granted in part and denied in part Tower Hill’s motion for summary judgment, finding that Tower Hill Claims Services, as a third-party administrator, was entitled to summary judgment. But the court rejected Tower Hill’s argument that the government’s three-year statute of limitations was applicable; the court, however, left the question of the applicable statute of limitations open. Tower Hill subsequently moved for reconsideration, arguing that if the court were to borrow from state law, i.e., if it used Florida’s general limitations statute, a four-year statute of limitations would apply and Plaintiff’s claim would still be time-barred. The court decided to construe Tower Hill’s motion for reconsideration as a new motion for summary judgment, and allowed the parties to provide further briefing on the matter.

    On the eve of the hearing on Plaintiff’s motion for class certification, the court handed down an order granting Tower Hill’s motion for summary judgment. Specifically, the court found that Florida’s limitations statute was more analogous to the Medicare Secondary Payer Act’s private cause of action than the False Claims Act, and thus a four-year statute of limitations applied. Having determined the appropriate statute of limitations, the court accordingly found that Plaintiff’s case could not survive because outside its single, time-barred exemplar claim, Plaintiff could not point to any other specific claim. As such, the court found Tower Hill was entitled to final summary judgment.

    The court’s ruling is significant in that it represents one of the only instances where a court has analyzed—and actually answered—the question of the applicable statute of limitations in a case brought under the Medicare Secondary Payer Act’s private cause of action. This is noteworthy because, while the passage of the PAID Act in December 2020 has made it easier for primary payers to learn of the existence of Medicare Advantage Organizations—and, hopefully, to avoid instances where enrollees’ costs are not reimbursed by the proper entity—the continued absence of a statute of limitations for the private cause of action within the language of the Medicare Secondary Payer Act itself means entities still must turn to the courts and caselaw for this answer. Accordingly, this ruling in favor of Tower Hill stands as a marker entities can point to in defending claims such as these.

    • Pesticides and Pest Control

    • The Florida Bar
      • Education Law Committee (2023-2024)

    Florida State University College of Law — J.D., magna cum laude, 2019

    • Order of the Coif
    • Book Awards — Contemporary Topics in Tort Law, European Union Law, Public International Law, Space Law, Supreme Court Role Play, Torts, Trial Practice
    • Florida State University Law Review, Article Selection Editor, Vol. 46
    • Mock Trial Team, Member

    Florida State University — B.A., History, cum laude, 2010

    • Florida — 2019

    • Listed in Best Lawyers in America, Ones to Watch, Labor and Employment, Mass Tort Litigation/Class Actions - Defendants, 2023, 2024, 2025

    • Panelist, "AI, Accommodations & Compliance: What Employers Need to Know in 2025," Big Bend SHRM Annual HR Tallahassee Conference, April 2025
    • Author, "Supreme Court Appears Split on Whether to Approve Religious Charter School," April 2025
    • Co-author, "Court Finds School Board Erred in Punishing Teacher for Political Activity on Social Media," February 2025
    • Presenter, "First Amendment Auditors," Preferred Governmental Insurance Trust, February 2025
    • Co-author, "Supreme Court to Decide Fate of Nation’s First Religious Charter School," January 2025
    • Co-author, "Supreme Court Says Forced Job Transfers Must Cause Harm, But it Doesn’t Have to be Significant," April 2024
    • Panelist, "FSU Alumni Clerkship Panel and Mixer," Florida State University College of Law, March 2024
    • Author, "SCOTUS Clarifies Scope of Social Media Liability for Public Officials," March 2024
    • Author, "The Importance of Being a Five-Tool Player: Skills Young Lawyers Need to Succeed," FDLA Trial Advocate, Volume 42, No. 3, December 2023
    • Co-author, "U.S. Supreme Court Decides Major Personal Jurisdiction Case: Impact in Florida Remains to Be Seen," July 2023
    • Participant, "Legal Services of North Florida Law Day Celebration Debate," May 2023
    • Presenter, "First Amendment Wheel Doesn’t Stop Spinning: What School Boards Need to Know," Consortium of State School Boards Association's Inaugural Conference, April 2023
    • Author, "Fourth DCA: Florida Sunshine Law’s Strict Compliance vs Public Records Act Good Faith Exception," March 2023
    • Co-author, “Eleventh Circuit Finds Medicare Secondary Payer Act Not Preempted by Procedural Requirements,” March 2023
    • Presenter, "First Amendment Wheel Doesn’t Stop Spinning: What School Boards Need to Know," Florida School Board Attorneys Association, February 2023
    • Co-author, "The Who, What, Where and Why of Fla.’s Public Records Law, and How to Avoid Pitfalls," Daily Business Review, January 2023
    • Host/Presenter, "Florida Public Records Laws: Avoiding the Pitfalls and Mistakes that Lead to Expensive and Costly Litigation," Legally Qualified Podcast, October 2022
    • Co-Author, "First Amendment Wheel Doesn’t Stop Spinning: What Risk Managers Need to Know for the New School Year," September 2022
    • Author, "U.S. Supreme Court Okays Religious School Tuition Vouchers: Gives Official “Thumbs Up” to Florida’s School Choice Laws," August 2022
    • Author, "Freely Flying Flags Can Lead to Flagrant Free Speech Fouls," August 2022
    • Author, "Ding Dong! Lemon’s Dead: SCOTUS Clarifies Establishment Clause," August 2022
    • Author, "Eleventh Circuit Reiterates Availability of Postjudgment Rule 11 Sanctions," July 2022
    • Co-author, "Second DCA Finds School Board Investigative Communications Not Entitled to Attorney-Client Privilege: Provides Lifeline to District Employees," July 2022
    • Co-Author, "SCOTUS Rejects OSHA “Vax or Test” Rule, But Allows Narrower Healthcare Mandate," January 14, 2022
    • Co-Author, "Governor DeSantis Signs New Covid-19 Related Laws that Have Immediate Effect in Florida," November 2021
    • Author, "Cursing Cheerleader Wins at Supreme Court, but Schools Retain Ability to Punish Certain Off-Campus Speech," June 2021
    • Presenter, "2021 Update: Disciplining Students for Online and Off-Campus Speech," NBI Seminar, June 2021
    • Author, "Justices Show Little Spirit for Expanding Tinker: SCOTUS Wrestles with Appropriate Standard for Regulating Off-Campus Student Speech," April 2021
    • Co-Author, "Fifth DCA Finds Florida’s Private Whistleblower Act Requires Proof of But-For Causation," December 15, 2020
    • Author, Note, In the Shadows: Third-Party Litigation Funding Agreements and the Effect Their Nondisclosure Has on Civil Trials, 47 FLA. ST. U. L. REV. Issue 2 (forthcoming 2020)
    • Author, Note, The Shadow of Kiobel and Jesner: An Examination of the Alien Tort Statute and Bringing It Back Into the Light, 46 FLA. ST. U. L. REV. 1009 (2019)

    Jeffrey's News and Insights

    See All News See All Insights Read Beyond the Bio
    Drag
    05.01.2025
    Education

    Supreme Court Appears Split on Whether to Approve Religious Charter School

    On April 30, 2025, the United States Supreme Court heard...

    Photo:Shutterstock/Billion Photos
    04.29.2025
    Events

    AI, Accommodations & Compliance: What Employers Need to Know in 2025

    RumbergerKirk employment law attorneys shared powerful legal insights to help...

    02.28.2025
    Education

    Court Finds School Board Erred in Punishing Teacher for Political Activity on Social Media

    Florida’s Fifth District Court of Appeal (Fifth DCA) recently determined...

    Photo: Shutterstock/Kaspars Grinvalds
    02.25.2025
    Events

    First Amendment Auditors

    Jeff Grosholz presented to the members of Preferred Governmental Insurance...

    01.31.2025
    Education

    Supreme Court to Decide Fate of Nation’s First Religious Charter School

    On January 24, 2025, the United States Supreme Court granted...

    Photo:Shutterstock/Billion Photos
    08.15.2024
    Firm News

    Best Lawyers in America® 2025 Edition Recognizes 24 RumbergerKirk Attorneys

    Two Named  “Lawyer of the Year” and Two Named “Ones...

    04.18.2024
    Employment and Labor

    Supreme Court Says Forced Job Transfers Must Cause Harm, But it Doesn’t Have to be Significant

    In Muldrow v. City of St. Louis, the U.S. Supreme...

    Photo: Shutterstock.com/J. Frederick
    03.27.2024
    Events

    FSU Alumni Share Insights During Clerkship Panel Discussion

    The FSU Law Review and the FSU Business Law Journal...

    03.27.2024

    The Importance of Being a Five-Tool Player: Skills Young Lawyers Need to Succeed

    Being a young attorney is difficult. Success depends on having...

    Photo: Shutterstock.com/ImageFlow
    03.18.2024
    Government and Administrative

    SCOTUS Clarifies Scope of Social Media Liability for Public Officials

    On March 15, 2024, the United States Supreme Court handed...

    Photo: Mehaniq / Shutterstock.com
    See All News See All Insights Read Beyond the Bio

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