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Donald R. Schmidt

Donald R. Schmidt

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Overview

Don Schmidt practices in the areas of health care, major business litigation, and antitrust law. He has handled a variety of litigation and antitrust counseling matters for national and regional companies in, among others, the insurance, pharmacy, paper, health care, oil, advertising, financial services, manufacturing, franchising, distribution, and retail industries.

Don also has significant experience with both civil and criminal investigations by state and national enforcement agencies.

Experience

  • Health care - general hospital representation, particularly with regard to physician peer review proceedings and litigation and related medical staff matters.
  • Major business litigation - prosecution and defense of breach of contract, insurance coverage, RICO, commercial fraud, unfair trade practices, and similar business disputes, including class actions.
  • Antitrust and trade regulation - extensive antitrust counseling and training; prosecution and defense of private treble damage litigation, including defense of clients in class actions; defense of civil and criminal governmental enforcement investigations.
  • Hospital Peer Review Hearings - represented respective Medical Executive Committees in peer review hearings at several hospitals, obtaining decisions to uphold adverse recommendations against physicians.
  • Hospital Peer Review Board of Trustees Representation - represented respective hospital Boards of Trustees in peer review appeal proceedings and in making final decisions in peer review matters.
  • Ramiro Abaunza, M.D. v. Kendall Healthcare Group, Ltd., et al. Circuit Court, 11th Judicial Circuit, Miami-Dade County.
  • Arthur M. “Mac” Cowden, II, D.O. v. South Dade Healthcare Group, Ltd. f/d/b/a Deering Hospital, et al. U.S. District Court, Southern District.
  • Charles E. Graper, M.D., D.D.S. v. North Florida Regional Medical Center, Inc. Circuit Court, 8th Judicial Circuit, Alachua County.
  • Anthony J. Hall, M.D. v. Miami Beach Healthcare Group, Ltd. & Columbia Hospital Corp. of Miami Beach. U.S. District Court, Southern District.
  • Integon General Insurance Corp. v. Daniel Morrison & Okeechobee Hospital, Inc., d/b/a Columbia Raulerson Hospital. County Court, 19th Judicial Circuit, Okeechobee County.
  • Emmanuel Johnson, M.D. v. Memorial Healthcare Group, Inc. d/b/a Memorial Hospital Jacksonville. Circuit Court, 4th Judicial Circuit, Duval County.
  • Lawrence J. Kanter, M.D. v. HCA of Florida, Inc., d/b/a Memorial Hospital of Jacksonville. Circuit Court, 4th Judicial Circuit, Duval County.
  • Marcene F. Kreifels, M.D. v. Healthtrust, Inc.--The Hospital Company, d/b/a the North Okaloosa Medical Center, et al. U.S. District Court, Northern District.
  • J. Lancelot Lester, III, M.D. v. Columbia/JFK Medical Center Limited Partnership, et al. Circuit Court, 15th Judicial Circuit, Palm Beach County.
  • Anthony Lewis, M.D. & Nagender Reddy, M.D. v. Marion Community Hospital, Inc. Circuit Court, 5th Judicial Circuit, Marion County.
  • Dilip Mehta, M.D. v. HCA Health Services of Florida, Inc. d/b/a Oak Hill Hospital. U.S. District Court, Middle District.
  • Dilip Mehta, M.D. d/b/a Spring Hill Radiology v. HCA Health Services of Florida, Inc. d/b/a HCA Oak Hill Hospital. U.S. District Court, Middle District.
  • Metropolitan Casualty Ins. Co., individually and for the use and benefit of Catherine Harris V. Columbia Park Medical Center, Inc., a/k/a Lucerne Medical Center. County Court, 9th Judicial Circuit, Orange County.
  • Metropolitan Life Automobile & Home Ins. Co. v HCA Health Services of Florida, Inc. d/b/a Blake Medical Center. Circuit Court, 12th Judicial Circuit, Manatee County.
  • Metropolitan Life Automobile & Home Ins. Co. v. Ocala Regional Medical Center, et al. Circuit Court, 5th Judicial Circuit, Marion County.
  • Metropolitan Life Automobile & Home Ins. Co. v. St. Petersburg General Hospital. Circuit Court, 6th Judicial Circuit, Pinellas County.
  • Metropolitan Life Casualty Ins. Co., individually and for the use and benefit of Clara McLendon v. Orange Park Medical Center, Inc. County Court, 4th Judicial Circuit, Clay County.
  • Metropolitan Life Casualty Ins. Co., individually and for the use and benefit of Eric Collette v Osceola Regional Hospital, Inc. County Court, 9th Judicial Circuit, Osceola County.
  • Mount Sinai Medical Center of Florida, Inc. v. HCA-The Healthcare Company, f/k/a Columbia/HCA Healthcare Corporation, et al. Circuit Court, 11th Judicial Circuit, Miami-Dade County.
  • North Florida Regional Medical Center v. Gary L. Lowery, M.D. Circuit Court, 8th Judicial Circuit, Alachua County.
  • Paul J. Schilling v. HCA Health Services of Florida, Inc. & North Florida Regional Medical Center, Inc. Circuit Court, 8th Judicial Circuit, Alachua County.
  • Thyssen Elevator Company, d/b/a Thyssen Miami Elevator v. Sun City Hospital, Inc. d/b/a South Bay Hospital. American Arbitration Association.
  • Randy T. Warner, M.D. v. Columbia /JFK Medical Center, LLP d/b/a JFK Medical Center. U.S. District Court, Southern District.
  • Layne Yonehiro, M.D., Fernando E. Kafie, M.D. & Southeast Vascular Institute v. West Florida Regional Medical Center. Circuit Court, 1st Judicial Circuit, Escambia County.
  • W. Brent Young, M.D. v. HCA Health Services of Florida d/b/a Columbia Regional Medical Center Oak Hill Hospital, et al. Circuit Court, 5th Judicial Circuit, Hernando County.

Recognition

  • AV Rated by Martindale-Hubbell
  • Listed in The Best Lawyers in America, Antitrust Law, Commercial Litigation (2015-2019)
  • Listed in Chambers USA Guide to America's Leading Business Lawyers (2006-2011, 2013-2016)
  • Selected for inclusion in Florida Super Lawyers (2007-2012)

Professional & Community Involvement

  • The Florida Bar
  • American Bar Association 
    • Antitrust Law Section 
    • Past Vice Chair, Health Care Industry Committee 
    • Health Law Section
  • Federal Bar Association
  • Hillsborough County Bar Association
  • Leadership Pinellas County Program
  • Ferguson-White Inn of Court

Speaking Engagements

Don has spoken at local, state, and national seminars on various aspects of antitrust law, including:

  • Litigation strategies in medical staff privileges litigation
  • Defining relevant markets
  • Antitrust compliance programs
  • Price discrimination
  • Managed care
  • Alternative delivery systems for medical care
  • Joint ventures
  • Tying arrangements

Credentials

Education
  • University of Notre Dame Law School (with honors)
  • University of Notre Dame (B.A., with honors, 1970)
Bar Admissions
  • Florida
Court Admissions
  • United States Supreme Court
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Eastern District of Virginia

Background

  • Lieutenant, United States Navy

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.