- 18 - Ct. App. 2004) (emphasis added). This makes us especially disinclined to second-guess, in the guise of economic-substance review, their specialized expertise in the appropriate allocation under Ohio family law of the lump-sum settlement of a state tort claim. In upholding the allocation of the settlement made by the State court in this case as having economic substance, we are not invoking a bright-line rule that our Court must always defer to settlement allocations reviewed by State courts--we plainly don’t in circumstances like those we faced in Robinson, where a state- court judge late one night accepted a settlement that grossly rewrote a jury’s allocation in a way plainly aimed at reducing the taxability of the award. In a case like that, there is no incentive by the state-court judge to closely review the settlement--as we pointed out there, since Texas has no income tax of its own, there was no state interest that would be affected by a different allocation. The Hickses’ case--though superficially similar in that the settling tortfeasor had no interest in the allocation of the settlement--is different in important ways. The first, of course, is that states themselves have an interest (represented by state-court judges) in considering the impact of allocations in personal injury cases on the state’s own Medicaid system. The field of long-term health-care planning, both for the disabledPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007