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 .
[08/12]
Carter v. Prime Healthcare Paradise Valley
In a tort and injury action alleging elder abuse, willful misconduct, and wrongful death, judgment of the trial court dismissing action is affirmed because plaintiffs had not alleged conduct that qualified as elder abuse, as distinguished from negligence, and where the willful misconduct and wrongful death claims were untimely.
[06/28]
Hartley v. Superior Court (Monex Deposit Co.)
In a petition for a writ of mandate to overturn the trial court's order compelling petitioner to arbitrate her claims against real parties in interest, order is vacated where trial court erred by finding the parties' arbitration agreement clearly and unmistakably gives the arbitrator the exclusive authority to decide the gateway issue of unconscionability, or arbitrability.
[06/23]
Probert v. Family Centered Services of Alaska
In a dispute involving application of the Fair Labor Standards Act (FLSA), 29 U.S.C. section 203(r)(2)(A), judgment of the district court finding that defendants are subject to the FLSA overtime provisions is reversed, where defendants' therapeutic homes are are not covered by the FLSA because they are not institutions primarily engaged in the care of the sick, the aged, mentally ill or defective, residing on the premises of such institutions.
[04/28]
Bell v. Mason
In a dispute arising from the sale of real property where plaintiff alleges that she suffers from a mental retardation through which the defendants took advantage in gaining her trust and inducing her to enter into a transaction which deprived her of her home, judgment of the trial court is reversed where evidentiary ruling precluding a defense expert witness from testifying constituted prejudicial error because the mere fact that expert witness had not personally examined plaintiff did not preclude him from testifying as to her mental capacity after reviewing her medical records and observing several hours of a videotape of her deposition.
[04/27]
Balvage v. Ryderwood Improvment and Service Association, Inc.
In a dispute involving the scope of the Fair Housing Act's (FHA) prohibition against familial status discrimination, judgment of the district court is affirmed in part and vacated in part because a residential community that has continuously operated as a retirement community for persons age 55 or older can qualify for the housing for older persons exemption from the prohibition on familial status discrimination if it establishes that it satisfied the exemption’s three criteria at the time of the alleged violation, even if the community enforced age restrictions when it first achieved compliance with the exemption’s age verification requirement.
[02/25]
Park Village v. Mortimer Howard Trust
In a landlord-tenant dispute involving an injunction against the eviction of elderly, low-income tenants who wished to pay a portion of their rent using federally-funded enhanced vouchers, injunction is affirmed in part because the individual plaintiffs have a statutory right to remain in the complex, but reversed and remand in part where plaintiffs failed to identify any evidence or statutory authority upon which to base a mandatory injunction compelling defendants to enter into contracts with local housing authority, so long as defendants are willing to forgo payment of that portion of the rent covered by the enhanced vouchers.
[02/25]
California School Bds. Association v. Brown
In a writ petition seeking declaration of line-item veto by Governor of legislative appropriation of reimbursement funding for state mandate as void, petition is denied because Governor was constitutionally permitted to exercise his veto power since the legislature does not have exclusive discretion over appropriation of mandate reimbursement.
