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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities

    

Case Name: Marx v. Gen. Revenue Corp.

Court: U.S. Supreme Court    Docket: 11-1175

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Courts have discretion to award costs against unsuccessful plaintiffs in Fair Debt Collections Practices Act cases even if the claims were brought in good faith.

Case Name: Maughon v. Carnival Corp. 

Court: U.S. Ct. App. 11th Cir.   Docket: 09-15890-G

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Cruise line's arbitration clause is enforceable despite requiring people to travel to Florida to arbitrate and regardless of significant limitations on substantive legal remedies contained in the arbitration clause.

Case Name: McCollough v. Johnson, Rodenburg & Lauinger

Court: U.S. Ct. App 9th Cir.    Docket: 09-35767

Read Summary AARP's Amicus Brief (PDF)

Case Result: Court finds debt collector is liable for violations of state and federal law prohibiting suing on time barred debt and abusing court process, upholds jury award.

Case Name: Midwest Title Loans v. Ripley 

Court: U.S. Ct. App. 7th Cir.    Docket: 09-2083

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Indiana's car title ban of lenders operating out-of-state violates the dormant commerce clause.

Case Name: Milam v. Fleetwood Homes of N.C.

Court: W. Va. Supreme Ct. App.  Docket: 34493

Read Summary AARP's Amicus Brief (PDF)

Case Result: Court stayed the consideration of the appeal of the attorney fee award due to defendant filing for bankruptcy.

Case Name: Milavetz v. U.S.

Court: U.S. Supreme Court  Docket: 08-1119, 08-1225

Read Summary AARP's Amicus Brief  (PDF)

Case Result: Court upheld constitutionality of Bankruptcy law as applied to attorneys but clarified that attorney advice for people who need to incur debt for legitimate purposes, not for the purpose of abusing the bankruptcy system, is legitimate speech and does not violate the Bankruptcy Act.

Case Name: Mills v. Midwest Title Loans, Inc.

Court: U.S. Supreme Court   Docket: 09-1325

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court denied the petition for writ of certiorari.

Case Name: Minnesota v. Am. Family Prepaid Legal Corp.

Court: Minn. Ct. App.   Docket: A11-1848

Read Summary AARP's Amicus Brief (PDF)

Case Result: Civil penalties and restitution to victims of a pattern and practice of selling inappropriate annuities to older people.

Case Name: Mississippi ex rel. Hood v. AU Optronics

Court: U.S. Supreme Court    Docket: 112-1036

Read Summary AARP's Amicus Brief (PDF)

Case Result: State attorney general parens patriae action is not removable to federal court under the Class Action Fairness Act mass action provisions.

Case Name: Nat'l Meat Ass'n v. Harris

Court: U.S. Supreme Court    Docket: 10-224

Read Summary and AARP's Amicus Brief (PDF)

Case Result: California slaughterhouse law held to be preempted by federal Meat Inspection Act.

Case Name: Nevada v. Bank of America

Court: U.S. Ct. App. 9th Cir.    Docket: 11-80165

Read Summary AARP's Amicus Brief (PDF)

Case Result: State Attorney General's suit against bank alleging violation of state's law against unfair and deceptive practices by deceiving homeowners about loan modifications could not be removed to federal court under the Class Action Fairness Act.

Case Name: North Carolina ex rel. Utilities Comm'n v. Cooper

Court: N.C. Supreme Court    Docket: 268A12-1

Read Summary AARP's Amicus Brief (PDF)

Case Result:  Commission failed to make the necessary findings of fact to support its Return on Equity determination, and customer interests cannot be measured only indirectly or treated as mere afterthoughts.

Case Name: NRG Power Marketing v. Maine Pub. Utilities Comm'n

Court: U.S. Supreme Court    Docket: 08-674

Read Summary and AARP's Amicus Brief (PDF)

Case Result: FERC cannot set aside a utility contract as "unjust and unreasonable" unless the purchaser of electricity proves that the contract "seriously harms the public interest."

Case Name: Paley v. Bank of America 

Court: N.J. Superior Ct., App. Div.    Docket: A-004391-07T3, A-005519-07T2, A-005864-07T2

Read Summary and AARP's Amicus Brief (PDF)

Case Result: A bank's acts and omissions that conform to general banking practices and procedures cannot be considered behavior that runs afoul of the NJ Consumer Fraud Act.

Case Name: Pendergast v. Sprint Nextel Corp.

Court: Fla. Supreme Ct.    Docket: SC-10-19

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court declined the certified questions regarding whether an arbitration clause is unconscionable under state law, following the Supreme Court ruling in AT&T v. Concepcion limiting challenges based on unconscionability.

Case Name: POM Wonderful v. Coca-Cola

Court: U.S. Supreme Court    Docket: 12-761

Read AARP's Amicus Brief (PDF)

Case Result: The Food, Drug and Cosmetic Act does not preclude a private law suit under the federal Lanham Act.

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Legal Cases

Find the most recent 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.

Strengthening Law and Policy through
Legal Advocacy

Our legal advocacy initiatives  - conducted by AARP Foundation Litigation (AFL) - reflect more than 15 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four priority areas: Hunger, Income, Housing and Isolation, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.