PRO

David Scott Hamilton's Legal Cases (2)

Call for a consultation Call (855) 605-5391 View Profile

Appeals

Maine Pooled Disability Trust v. Hamilton, 927 F.3d 52 (1st Cir. 2019).

Jun 20, 2019

OUTCOME: Wrote an amicus brief for the Special Needs Alliance.

The Maine Department of Health and Human Services penalized a medicaid recipient when her conservator funded a first-party pooled special needs trust. The district court found that the penalty was appr ... opriate under 42 U.S.C. § 1396p(c). The Maine Pooled Disability Trust appealed to the First Circuit. I wrote an amicus brief on behalf of the Special Needs Alliance in support of the appellant.

Appeals

McKinnon v. David-Portwood, No. E068659 (Cal. Ct. App. Jan. 17, 2019).

Jan 17, 2019

OUTCOME: Successfully represented the respondent-trustee when the appeal was dismissed by opinion.

A beneficiary and the trustee entered a settlement agreement. The petitioner-beneficiary accused the respondent-trustee of breaching the settlement agreement. After trial, the trustee prevailed when th ... e court found there was no breach of the settlement agreement. Then the petitioner appealed. I successfully represented the trustee on appeal when it was dismissed by opinion, so the trial court's order remained.