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The AARP Foundation Litigation Update, our quarterly email newsletter, provides information about our current activities and cases.

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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities

    

Case Name: Popowsky v. Pa. Pub. Util. Comm'n

Court: Commonwealth Ct. of Pa.    Docket: 1179 CO 2012

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Does state law prohibit utility company from procuring 100 percent of its default service generation through volatile hourly spot market purchases?

Case Name: Portfolio Recovery Associates, LLC v. King

Court: N.Y. Ct. App.    Docket: 503411

Read Summary AARP's Amicus Brief (PDF)

Case Result: Debt collection was barred by statute of limitations as debt buyer was not entitled to a longer than the three year statute of limitations that applied to original creditor in Delaware.

Case Name: Rent-A-Center, West, Inc. v. Jackson

Court: U.S. Supreme Court   Docket: 09-497

Read Summary AARP's Amicus Brief (PDF)

Case Result: Employment arbitration provision delegated to the arbitrator the decision about whether the provision was unenforceable, where challenge was to enforceability of the overall contract, not specifically to the enforceability of the arbitration provision itself.

Case Name: Schnuerle v. Insight Communications Co.

Court: Ky. Sup. Ct.   Docket: 2008-SC-000789-D

Read Summary and AARP'S Amicus Brief (PDF) 

Case Result: Federal law preempts state contract law unconscionability defenses including clauses which ban class actions.

Case Name: S. Alliance for Clean Energy v. Fla. Pub. Serv. Comm'n

Court: Fla Supreme Court   Docket: SC-2465

Read Summary AARP's Amicus Brief (PDF) 

Case Issue: Is state statute permitting PSC to set rates that includes recovery of the cost of nuclear plants that may never be built unconstitutional because statute fails to provide considerations to be evaluated when deciding what costs to include?

Case Name: Stolt-Nielsen v. Animalfeeds Int'l Corp.

Court: U.S. Supreme Court   Docket: 08-1198

Read Summary and AARP's Amicus Brief (PDF) 

Case Result: If contract does not clearly permit a class action in arbitration, a party may not be forced to resolve a dispute in arbitration as a class action.

Case Name: Unifund CCR Partners v. Shah

Court: Ill. App. Ct. of Ill., 1st Dist.   Docket: 11-3658

Read AARP's Amicus Brief (PDF)

Case Issue: Must debt buyer prove ownership of a debt through actual written contracts of sale rather than using an affidavit?

Case Name: Vassalle v. Midland Funding

Court: U.S. Ct. App. 6th Cir.    Docket: 11-4021

Read Summary AARP's Amicus Brief (PDF)

Case Result: Nationwide class action settlement could not be approved as class representatives and settlement did not adequately protect the absent class members.

Case Name: White v. Conestoga Title Ins. Co.

Court: Pa. Supreme Court  Docket: 30 EAP 2010

Read Summary and AARP's Amicus Brief (PDF) 

Case Result: Class action challenging title company's failure to provide its discounted title insurance rate in mortgage refinancing transactions was not allowed under common law as statute requires exhausting administrative remedies prior to filing suit, but claims under unfair and deceptive practices statute may proceed.

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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.

About
Foundation Litigation

AARP Foundation Litigation (AFL) is an advocate in courts nationwide for the rights of people 50 and older, addressing diverse legal issues that affect their daily lives and assuring that they have a voice in the judicial system. Learn more about our litigation teams.