Case Summaries

Elder Law

[01/27] Hutcherson v. Arizona Health Care Cost Containment System Administration
In a declaratory judgment action seeking a declaration that Arizona's Medicaid agency had no right at all to recover from an annuity purchased by a husband so that his institutionalized wife could obtain Medicaid coverage or, alternatively, had no right to recover for any costs incurred for the wife's care after the husband's death, the district court's grant of the defendant's motion for summary judgment is affirmed, where: 1) the federal Medicaid Act allows states to reach a deceased community spouse's annuity for costs incurred on behalf of an institutionalized spouse; and 2) nothing in the language of the Act was inconsistent with permitting the state agency to recover from the annuity expenses incurred after the husband's death.

[10/20] NY Coalition for Quality Assisted Living, Inc. v. MFY Legal Services, Inc.
In an appeal from a judgment of the appellate division reversing a trial court order enjoining defendants from violating an assisted living facilities' visitor access guidelines, judgment is affirmed where the guidelines impermissibly restrict advocate access to facility residents, and violate 18 NYCRR 485.14 and the DOH's interpretation of that regulation.

[09/21] In re: Lemington Home for the Aged
In an appeal from a judgment of the district court granting summary judgment in favor of defendants on the grounds that the business judgment rule and the doctrine of in pari delicto bar plaintiff's action for breach of fiduciary duty, judgment is reversed where there are genuine disputes of material facts.

[08/23] Estate of Dito
In a probate petition alleging financial elder abuse, judgment of the trial court dismissing complaint without leave to amend on the ground that it is barred by res judicata is reversed as modified, where the petition is not barred as a matter of law on the basis of an earlier dispute because the issues as presented differ .

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Injury & Tort Law

[02/03] Pennsylvania National Mutual Casualty Insurance Co. v. Roberts
In a suit brought by an insurer seeking a declaratory judgment that it was required to indemnify its insured for no more than 40 percent of a state court judgment because it had covered its insured for no more than 40 percent of the time in which the state court plaintiff was exposed to lead poisoning, the district court's judgment is: 1) affirmed in part, where it was correct in allocating the insurer's liability using the pro-rata time on-the-risk, and its decision to use the plaintiff's date of birth as the starting point for the period in which she was exposed to lead poisoning was sound; and 2) reversed in part, where the district court erred in holding the insurer liable for 24 months of coverage rather than 22, since under the insurance contract, coverage ended when the property was sold.

[02/02] Lore v. City of Syracuse
In a case alleging illegal retaliation against a city police officer under Title VII and the New York State Human Rights Law (HRL) because of her complaints of gender discrimination, the district court's judgment is: 1) affirmed in part where the city's arguments regarding the availability of reputation damages, evidentiary and instructional errors, and excessive damages for emotional distress presented no basis for disturbing the judgment; and 2) vacated in part where there was merit in plaintiff's contentions regarding the liability of the city's corporation counsel, and the district court erred in dismissing her principal gender discrimination claims under the HRL on the basis that she had suffered no materially adverse employment action.

[02/01] Maxton v. Western States Metals
In a suit alleging negligence and strict liability causes of action based on personal injuries as a result of working with metal products manufactured by the defendants and supplied to the plaintiff's employer, the district court's judgment in favor of the defendants on demurrers is affirmed, where: 1) the metal products involved were not inherently dangerous, and no other circumstances justified imposing liability on the defendants for the plaintiff's injuries under the component parts doctrine; 2) the plaintiff did not meet his burden of showing there was a reasonable possibility that the deficiencies in the complaint could be cured by amendment.

[01/30] Sennett v. US
In a suit by a photojournalist seeking money damages against the federal government for FBI agents' alleged violations of the Privacy Protection Act (PPA) stemming from a search of her apartment, the district court’s order granting summary judgment to the United States is affirmed, where: 1) the facts as alleged showed that the officers had probable cause to believe that the plaintiff was involved in criminal activity; and 2) the search of her home related to the investigation of that activity, so that the "suspect exception" to the PPA applied.

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