Discovery Stayed in Taylor v. Zucker

The U.S. District Court in Taylor v. Zucker issued a decision last week denying the plaintiffs’ motion for class certification.  The lawsuit was brought by four Medicaid beneficiaries who experienced reductions in home care services when enrolled in managed care plans.  The court held that their claims lacked the “commonality and typicality” necessary for a class action -- they arose from unique circumstances as a result of the decisions and procedures of individual managed care plans.  According to the court, their claims were not capable of class-wide resolution.  Unless the decision is appealed and reversed, the case will proceed on the basis of the named plaintiffs’ claims only. 

Following its decision on class certification, the court approved the parties’ request for a 30-day stay of discovery to allow the parties to evaluate pending discovery requests in light of the decision.  Managed long term care plans are advised to monitor their emails for updated document production instructions from the Department of Health.

Contact:  Karen Lipson, klipson@leadingageny.org, 518-867-8383 ext. 124.