Estate of Kimberly A. Hicks, Deceased, Key Trust Company of Ohio, N.A., Administrator - Page 18




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          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 disabled              







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