Legal Opinion · Concurrence
Me. Pooled Disability Trust v. Hamilton
Court of Appeals for the First Circuit
Decided June 20, 2019No. 18-1223Published
1ConcurrenceBarron, Circuit Judge
*63I join in full our opinion affirming the District Court's dismissal of Maine Pooled Disability Trust's ("MPDT") claim that "no statute imposes a transfer of assets penalty for transfers to an exempt pooled special needs trust such as the MPDT." I think it important to emphasize, though, one point that our opinion notes: MPDT failed to make any developed argument to us that the Maine Department of Health and Human Services ("MDHHS") violated its statutory right to operate a pooled special needs trust pursuant to 42 U.S.C. § 1396p(d)(4)(C) by not recognizing the settlement of such a trust as a…
2Cases cited6 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Wisconsin Department of Health & Family Services v. BlumerSupreme Court of the United States · 2002
- Johnson v. GuhlDistrict Court, D. New Jersey · 2000
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