RumbergerKirk
  • People
    • Robert H. Adams
    • Georgeta Onciu Aguiar
    • Nicholas A. Aguirre
    • Craig A. Alexander
    • Robert P. Barton
    • Rebecca A. Beers
    • Michael D. Begey
    • Reed Blair
    • Robert L. Blank
    • Blake Bonsack
    • Ryan Brown
    • Alyxandra Buhler
    • Jason F. Bullinger
    • Lori J. Caldwell
    • J. Richard Caldwell, Jr.
    • Brett M. Carey
    • Kaitlyn Chomin
    • Fred Clarke
    • Ligianette Cordova
    • Sally Rogers Culley
    • Bradley Davis
    • Patrick M. Delaney
    • Leonard J. Dietzen, III
    • Samantha Duke
    • Derek M. Dzwonkowski
    • Douglas E. Ede
    • Linda Bond Edwards
    • Ernest “Skip” H. Eubanks, Jr.
    • Robert V. Fitzsimmons
    • Michael L. Forte
    • Darryl L. Gavin
    • Daniel J. Gerber
    • Richard A. Greenberg
    • Jeffrey J. Grosholz
    • Justin M. Guido, CIPP/US
    • Reginald Guillaume
    • Carie Hall
    • Chase Hattaway
    • Suzanne Barto Hill
    • Michael R. Holt
    • LaShawnda K. Jackson
    • Sara Lewis Kallop
    • Jacey Kaps, CIPP/US
    • Freddy Kasten
    • Lan Kennedy-Davis
    • Meghan Kennedy
    • Jessica Kerbel
    • Bud Kirk
    • J. Scott Kirk
    • Steven I. Klein
    • Loren M. Korkin
    • Meredith Jowers Lees
    • Joshua D. Lerner
    • Paul Lipton
    • Jonathan Marcelo
    • Graham Marcus
    • J. David Marsey
    • Samendio Mathieu
    • Stephanie McNeff
    • Alexander A. Melvin
    • Candy L. Messersmith
    • Madison Miller
    • Charles P. Mitchell
    • Damien A. Orato
    • Pedro M. Ortiz
    • Brittney Polo
    • Julie Potts
    • Kayla E. Platt Rady
    • J. Michael Rediker
    • Jaime Reitz
    • Abigail Roberts
    • Allan J. Rotlewicz
    • Jens C. Ruiz
    • E. Thom Rumberger
    • Scott M. Sarason
    • David B. Shelton
    • Francis H. Sheppard
    • Suzanne A. Singer
    • Connor Smedberg
    • Nicole Sieb Smith
    • M. Stephen Smith
    • Larry D. Smith
    • Melissa I. Softness
    • E. Berton Spence
    • Peter J. Tepley
    • Jennifer Smith Thomas
    • Phoebe Thomas
    • Devin M. Topper
    • Assita Toure
    • Joseph M. Tracy
    • James F. Walsh
    • Erin Weinstock
    • John “Jack” Weiss
    • R. Scott Williams
    • David C. Willis
  • Practices
    • Appellate
    • Aviation
    • Bankruptcy and Restructuring
    • Casualty Litigation
    • Class Actions
    • Commercial Litigation
    • Construction
    • Consumer Defense
    • Corporate and Tax
    • Criminal Defense
    • Cyber & Technology
    • Education
    • Employment and Labor
    • Estates and Trusts
    • External General Counsel Services
    • Family Law
    • Government and Administrative
    • Insurance Coverage and Bad Faith
    • Intellectual Property
    • Product Liability
    • Professional Liability
    • Real Estate
    • Securities and Financial Services
    • Toxic Torts
    • Trucking
    • Warranty and Lemon Law
  • Careers
    • Summer Associate
    • Summer Associate Blog
    • Associate College
    • Career Openings
  • Insights
    • Articles
    • Podcasts
  • News
  • About
  • Industries
  • Diversity
  • Contact
  • Legal
Facebook LinkedIn Twitter
Rumberger Kirk
We use cookies to enhance your experience and improve our services and our website’s functionality. By continuing to use our website, including remaining on the landing page, you consent to our use of cookies. For more information see our Cookie Notice.
LinkedIn Facebook Twitter

Jeffrey J. Grosholz

Associate
Tallahassee Office
850.222.6550
Email

Download vCard

Practices

  • Employment and Labor
  • Government and Administrative
  • Education
  • ?
    Tags will open in a new tab

    Profile

    Jeffrey Grosholz represents clients in constitutional and employment litigation. He defends state and local government agencies and law enforcement officers against allegations of civil rights and tort violations. He also represents employers in the private and public sectors in matters involving employment and labor issues. Jeffrey participated in the RumbergerKirk Summer Associate Program in 2018.

    After graduation Jeffrey 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.

    Florida State 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

    • 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
    01.11.2023
    Government and Administrative

    The Who, What, Where and Why of Florida’s Public Records Law, and How to Avoid Pitfalls

    Public agencies commonly slip up when navigating Florida’s public records...

    10.26.2022
    Government and Administrative

    Florida Public Records Laws: Avoiding the Pitfalls and Mistakes that Lead to Expensive and Costly Litigation

    Florida has the most open public records law in the...

    10.10.2022
    Education

    First Amendment Wheel Doesn’t Stop Spinning: What Risk Managers Need to Know for the New School Year

    As the school year begins, a heightened focus has been...

    Photo: shutterstock.com/zimmytws
    08.22.2022
    Education

    U.S. Supreme Court Okays Religious School Tuition Vouchers: Gives Official “Thumbs Up” to Florida’s School Choice Laws

    Earlier this summer, the U.S. Supreme Court found that Maine’s...

    Photo: Shutterstock.com/Hazal Uzuner
    08.19.2022
    Firm News

    23 RumbergerKirk Attorneys Named to Best Lawyers in America© 2023

    Orlando, Fla., August 18, 2022 – RumbergerKirk is pleased to...

    08.15.2022
    Media Mentions

    11th Circ. Says Medicare Reimbursement Suit Filed Too Late, Law360

    RumbergerKirk secured a key victory at the Eleventh Circuit last...

    08.12.2022
    Firm News

    Eleventh Circuit Affirms Final Summary Judgment in Favor of Tower Hill

    Eleventh Circuit Holds 28 U.S.C. § 1658(a)’s Four-Year Catch-All Statute...

    08.11.2022
    Government and Administrative

    Freely Flying Flags Can Lead to Flagrant Free Speech Fouls

    While it is axiomatic that when the government speaks, it...

    Photo: Shutterstock.com/RozenskiP
    08.03.2022
    Government and Administrative

    Ding Dong! Lemon’s Dead: SCOTUS Clarifies Establishment Clause

    Well that didn’t take long. Fresh off the Supreme Court’s...

    Photo:Shutterstock/Yuriy K
    07.25.2022
    Commercial Litigation

    Eleventh Circuit Reiterates Availability of Postjudgment Rule 11 Sanctions

    The Court of Appeals for the Eleventh Circuit recently reversed...

    Photo: Shutterstock/New Africa
    See All News See All Insights Read Beyond the Bio

    Offices

    Orlando

    300 South Orange Avenue
    Suite 1400
    Orlando, FL 32801

    407.872.7300

    Miami

    80 Southwest 8th Street
    Suite 3000
    Miami, FL 33130

    305.358.5577

    Tampa

    100 North Tampa Street
    Suite 2000
    Tampa, FL 33602

    813.223.4253

    Tallahassee

    101 North Monroe Street
    Suite 120
    Tallahassee, FL 32301

    850.222.6550

    Birmingham

    2001 Park Place North
    Suite 1300
    Birmingham, AL 35203

    205.327.5550
    Start a conversation
    Search for an attorney
    Facebook
    LinkedIn
    Twitter
    ©2023 Rumberger, Kirk & Caldwell, P.A.
    All rights reserved.
    Legal
    Attorney Advertising A site by Big Vision.