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Date: 09-09-2022
Case Style:
Case Number: 121,447
Judge: PER CURIAM
Court:
Plaintiff's Attorney:
Re: MoreLaw National Jury Verdict and Settlement
Counselor:
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Defendant's Attorney: Arthur S. Chalmers, assistant attorney genera
Description:
Outcome: The district court ignored the uncontroverted evidence—which the defendants'
own witnesses provided—that she had active treatment needs and was receiving active
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treatment for those needs at the Hospital. It relied on unsupported and counterfactual
conclusions that it drew from that evidence to reach an incorrect legal conclusion about
Roll's rights under the Medicaid Act. The Court of Appeals engaged in an erroneous
review of those factual determinations and the legal conclusion, inviting reversal by this
court.
Roll was able to obtain a judicial stay on her transfer, a stay that remained in effect
until the defendants proclaimed they no longer intended to transfer her. It was only
shortly after oral argument before this court that the defendants, perhaps feeling the heat
of a looming large attorney-fee award, announced they would no longer seek to remove
Roll from the Hospital. Through her persistent litigation, Roll finally prevailed in this
case, entitling her to attorney fees. This appeal was not moot, which this court
demonstrated by continuing to exercise jurisdiction until now.
Plaintiff's Experts:
Defendant's Experts:
Comments: