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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities


Case Name: Quinn v. Walgreen Co.

Court: U.S. Dist. Ct. SDNY    Docket: 57:12-cv-8187(VB)

Read Summary

Case Result: To resolve the opposition AFL filed on behalf of an objector, the parties revised the settlement of class action claims that the marketing of products containing glucosamine and chondroitin was deceptive. The amended settlement significantly improved the scope of injunctive relief and made it permanent, and narrows the scope of the class member release. The objector was awarded monetary relief.

Case Name: Residential Utility Consumer Office (RUCO) v. Arizona Corp. Comm'n

Court: Arizona Supreme Court   Docket: CV-15-0281-PR

Read AARP's Amicus Brief (PDF) 

Case Result: The system's improvement benefits mechanism that adds a surcharge to the bills of residential water customers complies with the Arizona Constitution's mandate that the Commission determine the fair value of a utility's property when setting rates to improve the water infrastructure.

Case Name: Reyes v. Zions First National Bank

Court: U.S. Ct. App. 3d Cir.   Docket: 13-8086

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The district court erred by denying class certification because it should have used a preponderance of the evidence standard rather than absolute certainty for the predominance and commonality elements of class certification. The district court also failed to consider expert testimony.

Case Name: Sergeants Benevolent Ass'n Health and Welfare Fund v. Sanofi-Aventis

Court: U.S. Supreme Court   Docket: 15-1525

Read AARP's Amicus Brief (PDF) 

Case Issue: Where purchasers allege that a manufacturer misrepresented a drug's safety to prescribing doctors to increase sales, does the presence of the doctor break the causal chain - for the purposes of RICO causation - between the manufacturer's misrepresentation and and purchasers' economic injuries?

Case Name: Sheriff v. Gillie

Court: U.S. Supreme Court   Docket: 15-338

Read AARP's Amicus Brief (PDF) 

Case Result: The Court reversed the appeals court decision, finding that a law firm's debt collection letter on attorney general letterhead was not deceptive when issued on behalf of, and with permission from, the attorney general.  

Case Name: Sykes v. Mel Harris

Court: U.S. Ct. App. 2d Cir.   Docket: 13-2742, 13-2747, 13-2748 (con)

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Class certification was affirmed in lawsuit challenging abusive debt collection practices by a debt buyer, a law firm, and the process servicers used by the law firm that often failed to serve the debtors but falsified court records to make it appear that debtors received notice.

Case Name: Torres v. SGE Management  (en banc)

Court: U.S. Ct. App. 5th Cir.  Docket: 14-20128

Read AARP's Amicus Brief (PDF)

Case Result: In an en banc decision, the court affirmed the district court class certification decision, holding that it is not necessary to prove first-party reliance to show that an alleged pyramid scheme violates the Racketeer Influenced Corrupt Organization Act thus individual issues cannot predominate to defeat class certification.  

Case Name: Torres v. SGE Management  

Court: U.S. Ct. App. 5th Cir.  Docket: 14-20128

Read AARP's Amicus Brief (PDF)

Case Result:  Petition for en banc review granted.

Case Name: Torres v. SGE Management

Court: U.S. Ct. App. 5th Cir.   Docket: 14-20128

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Class certification was reversed where divided panel found that the class members were required to prove reliance, and they could not show that the class members relied on the legality of the scheme because there are many reason why a person becomes involved in a pyramid scheme.

Case Name: Pelzer (formerlyVassalle) v. Midland Funding

Court: U.S. Ct. App. 6th Cir.    Docket: 14-4156

Read AARP's Amicus Brief (PDF)

Case Result: The sixth circuit affirmed the district court's approval of a revised nationawide class-action settlement. The revised settlement resolved the issues regarding superiority and adequacy that prevented approval of an earlier settlement.

Case Name: Wayside Church v. Van Buren County

Court: U.S. Ct. App. 6th Cir.  Docket: 15-2463, 15-2525

Read AARP's Amicus Brief (PDF)

Case Result: The circuit court affirmed the trial court's decision dismissing the taxpayers' claim for lack of subject matter jurisdiction, finding that they must first seek relief in the state courts to recover the excess proceeds of sales of their foreclosed properties.  

Case Name: Wert v. Manorcare of Carlisle Pa.

Court: Pa. Supreme Court   Docket: 62 MAP 2014

Read AARP's Amicus Brief (PDF)

Case Result: The Pennsylvania Supreme Court affirmed that an arbitration agreement is invalid when an integral provision - here, the use of the National Arbitration Forum as the arbitral forum - cannot be executed.

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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.