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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities


Case Name: Reyes v. Zions First National Bank

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

Decided: 9/2/2015

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: Quinn v. Walgreen Co.

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

Decided: 8/12/2015

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: Berman v. City of New York

Court: N.Y. Ct. App.  Docket: CTQ-2014-07

Decided: 6/30/2015

Read AARP's Amicus Brief (PDF)

Case Result: A New York city law that requires attorneys regularly engaged in debt collection to be licensed, is not preempted by the state's regulation of lawyers.

Case Name: McFarland v. Wells Fargo

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

Filed: 3/4/2015

Read AARP's Amicus Brief (PDF)

Case Issue: Is mortgage lender practice of artificially inflating the appraisal of homes resulting in upside-down mortgages an unconscionable practice that may be raised in defense of a foreclosure?

Case Name: Bank of America v. Caulkett and Bank of American v. Toledo-Cardona

Court: U.S. Supreme Court Docket: 13-1421 and 14-163

Filed: 2/23/2015

Read AARP's Amicus Brief (PDF)

Case Issue: Does the Bankrupcy Code, which provides that a lien in excess of the value of the collateral is "void" - permit a Chapter 7 debtor to extinguish a mortgage lien on his personal residence where the collateral to which the lien attaches is found to have no value?

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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.