property

adverse possession

Ark. Dep't of Human Servs. v. Ahlborn

Issues

If a party receives Medicaid benefits for an injury, and later receives a settlement payment from a third party, can the state force the party to use the entire settlement to repay the state's Medicaid expenses?

 

Medicaid provides certain needy individuals with funds for medical treatment. The program is administered by the states with federal funding and statutory guidelines. Federal Medicaid law generally forbids states from placing liens on the "pre-death" property of Medicaid beneficiaries. The Arkansas Medicaid program requires beneficiaries to sign over their interest in any future legal claim before receiving benefits. Technically, this case will decide whether the federal statutes prohibit states from doing this. More importantly, the decision will determine to what extent states can recoup Medicare expenses from private tort judgments and settlements, and could have a profound effect on how the costs of the Medicaid are distributed between the states and private parties.

Heidi Ahlborn suffered severe, permanently disabling injuries in a 1996 car accident. Ahlborn v. Arkansas Dep't of Human Services, 397 F.3d 620, 622 (8th Cir. 2005). She sought and received roughly $215,000 in medical benefits through Arkansas's Medicaid program. Id.

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bailee

A bailee is a person who receives property from the owner, known as a bailor, and holds the property for the owner for a particular purpose such as custody or repair. Some examples of this include storage companies that hold people’s belongings, a dry cleaner holding someone’s clothing, and a mechanic holding someone’s car for repair.

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blackacre

Blackacre refers to a fictional plot of land which is often used in examples when teaching or explaining property law concepts. In examples where more than one plot of land is necessary, Blackacre is often paired with fellow fictional plot of land Whiteacre. 

[Last reviewed in June of 2022 by the Wex Definitions Team]

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Byrd v. United States

Issues

Does a driver in sole possession of a rental car and with the renter’s permission to operate the car, but not included as a driver on the rental agreement, have a reasonable expectation of privacy that is entitled to constitutional protection?

Terrence Byrd was pulled over by a Pennsylvania police officer for violating a state driving law. Eventually, the officer and another police officer discovered that Byrd was driving a rental car but was not a named driver on the rental agreement. Moreover, the officers also discovered that Byrd had a criminal record that included drug, weapon, and assault charges. Ultimately, the officers asked Byrd for permission to search the car, which they assert that Byrd granted, and, the officers found both heroin and illegal body armor in the car. Byrd challenged the stop and search arguing that it was unlawful. The District Court held that the stop and search was lawful. On appeal, the Third Circuit further recognized that the driver of a rental car who is not listed on the rental agreement did not have a reasonable expectation of privacy. The Supreme Court will likely resolve the Circuit conflict regarding whether a reasonable expectation of privacy exists for a driver in sole possession of a rental vehicle that is not listed as a driver on the rental agreement.

Questions as Framed for the Court by the Parties

The Fourth Amendment protects people from suspicionless searches of places and effects in which they have a reasonable expectation of privacy. Does a driver in sole possession of a rental vehicle reasonably expect privacy in the vehicle where he has the renter’s permission to drive the vehicle but is not listed as an authorized driver on the rental agreement?

In Harrisburg, Pennsylvania, a state police officer pulled petitioner Terrence Byrd over for violating a state driving law. United States v. Byrd at 2. The police officer, eventually accompanied by another officer, found that Byrd was driving a rental car but that Byrd’s name was not on the rental agreement. Id. at 3.

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