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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities

    

Case Name: Cottrell v. Alcon Labs

Court: U.S. Ct. App. 3d Cir.     Docket:  16-2015

Read AARP's Amicus Brief (PDF)

Case Issue:  Do glaucoma patients who use prescription eye drops have standing to sue pharmaceutical manufacturers for allegedly causing them economic injury by using packaging that dispenses eye drops that are too large, such that it overflows their eyes and is unavoidably wasted, in violation of state law that prohibits unfair practices. More specifically, can plaintiffs allege economic injury of paying for medication that is unavoidably wasted because the droppers deliver drops that are too large, such that they overflow the eye, where the manufacturer has discretion to set the price of the medication, state an injury in fact for purpose of Artilce III standing.

Case Name: Glover v. Wells Fargo

Court: U.S. Ct. App. 3d Cir. Docket: 14-4829

Read AARP's Amicus Brief (PDF)

Case Result: The court affirmed dismissal of the Fair Debt Collection Practices Act claims raised by the homeowners. It noted that it was sensitive to the issues raised in AARP's amicus brief regarding the inability of low income plaintiffs to bear the costs of a special master, but declined to reach those issues.

Case Name: Glover v. Udren Law Offices

Court: Pa. Supreme Court    Docket: 3 WAP 2015

Read AARP's Amicus Brief (PDF)

Case Result: A homeowner charged unearned attorneys' fees in violation of Pennsylvania's Loan Interest and Protection law may seek a remedy against an attorney acting on behalf of a mortgage company.

Case Name: Hall v. Minnesota

Court: Minn. Supreme Court    Docket: A16-0874

Read AARP's Amicus Brief (PDF)

Case Issue: Does Minnesota's Unclaimed Property Act (MUPA) violate constitutional guarantees of due process and just compensation for takings because it allows the State to deem private personal property abandoned after three years and to take such property for its own use: (a) without adequate notice to the original owner and (b) without payment of compensation, including interest, to the property holder if subsequently claimed by the original owner. 

Case Name: Henson v. Santander Consumer U.S.A.

Court: U.S. Ct. App. 4th Cir.    Docket: 15-1187

Read AARP's Amicus Brief (PDF)

Case Reult: Dismissal of class action lawsuit affirmed where the debts being collected were included in a large portfolio of debts purchased by Santander for servicing, including debts that were not delinquent when they were purchased. The Fair Debt Collection Practices Act does not apply to creditors who own loans purchased for servicing because their primary business is not debt collection.

Case Name: Impression Products v. Lexmark International

Court: U.S. Supreme Ct.  Docket: 15-1189

Read AARP's Amicus Brief (PDF) Article, and Decision

Case Result: In a landmark decision, the Court held that while patent owners are free to set the price and negotiate contracts with purchasers, once an item is sold, a patent owner may not, by virtue of its patent, control the use or disposition of the product after ownership passes to the purchaser.

Case Name: Taylor v. First Resolution Invest. Corp. (formerly Jarvis v. First Resolution Invest. Corp.)

Court: Ohio Supreme Court    Docket: 13-0118

Read Summary AARP's Amicus Brief (PDF)

Case Result: The court held that claims made in legal pleadings for amounts which cannot legally be collected can give rise to a violation of both the FDCPA and the state statute, and that both debt buyers and their lawyers are subject to the prohibitions in the state statute.

Case Name: Lerma v. Schiff Nutritionals

Court: U.S. Dist. Ct. SDCA   Docket: 11-cv-01056

Read AARP's Amicus Brief (PDF)

Case Result:  The court approved the class action settlement of deceptive marketing claims for products containing glucosamine and chondroitin as fair, reasonable, and adequate, but agreed that the injuncitve relief provided little benefit to the class, and refused to award the full attorneys' fees sought.

Case Name: Martinez v. Capital One Bank, N.A.

Court: U.S. Ct. App. 2d Cir.    Docket: 12-1342-cv

Read Summary and AARP's Amicus Brief (PDF)

Case Issue:  Is there a private right of action to enforce NY statutory safeguards that protect exempt benefits and wages from garnishment?

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Find
Legal Cases

Find cases in which AFL has advocated in courts nationwide for the rights of older persons, and filed AARP’s amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases. The cases within the drop-down categories below are in alphabetical order for ease of searching.

Strengthening Law and Policy through
Legal Advocacy

Our legal advocacy initiatives  - conducted by AARP Foundation Litigation (AFL) - reflect nearly 20 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four impact areas: Tackling Senior Hunger, Paving the Way to Stable Income, assuring the adequacy and availability of Safe and Afffordable Housing and Reconnecting People to Families and Communities, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.