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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities

    

Case Name: McFarland v. Wells Fargo

Court: U.S. Ct. App 4th Cir.    Docket: 14-216

Decided: 1/15/2016

Read AARP's Amicus Brief (PDF)

Case Result: The court of appeals held that the district court properly entered summary judgment against Plaintiff on his common law claim that the contract should not be enforced because the terms were substantively unconscionable; but, the court did recognize Plaintiff's statutory claim to challenge the banks's unconscionable inducement of Plaintiff to enter into such a loan. The case was remanded to federal district court for further proceedings on Plaintiff's unconscionable inducement claim.

Case Name: Lerma v. Schiff Nutritionals

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

Decided: 11/4/2015

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: Wert v. Manorcare of Carlisle Pa.

Court: Pennsylvania Supreme Court, Middle District   Docket: No. 62 MAP 2014

Decided: 10/27/2015

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.

Case Name: Board's Investigation Regarding the Reclassification (N.J. Verizon Deregulation)

Court: N.J. Superior Ct. Docket: A-004769-14T2

Filed: 10/26/2015

Read AARP's Amicus Brief (PDF)

Case Issue: Did the New Jersey Board of Public Utilities violate the law when it approved a non-unanimous stipulation to deregulate Verizon's four remaining rate-regulated telephone services and increase rates by 36 percent without a proper hearing and without considering overwhelming public opposition?

Case Name: Caplinger v. Medtronic

Court: U.S. Supreme Court  Docket: 15-321

Filed: 10/15/2015

Read AARP's Amicus Brief (PDF)

Case Issue: Are state law claims against a medical device manufacturer based on injuries caused by a medical device preempted where the device was not granted premarket approval for the particular use that caused the injuries and the manufacturer marketed the device for that unapproved use?

Case Name: Glover v. Wells Fargo

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

Decided: 10/14/2015

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.

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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 more than 15 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.