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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities


Case Name: Cabral v. Supple

Court: U.S. Ct. App. 9th Cir. Docket: 13-55943

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Was it proper to certify a class of people who claim that Supple falsely advertised that its special juice will "completely reverse and halt the disease process" for any joint disease?

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

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

Read Summary and 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: Cruz v. TD Bank, Martinez v. Capital One

Court: NY Ct. Appeals     Docket:  CTQ-2013-0003

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Although Earned Income Protection Act was enacted to protect residents from losing access to all exempt funds due to garnishment orders served without proper exemption claim forms, there is no implied private right of action to sue bank for plenary monetary relief when it freezes exempt funds contrary to the requirements of the law.

Case Name: Jarvis v. First Resolution Invest. Corp.

Court: Ohio Supreme Court    Docket: 13-0118

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Does debt collection action require strict adherence to procedural rules?

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 Result: The Commission's interpretation of the statute as permitting a utility to rely solely on spot market pricing for default utility rates, where the statute requires that the prices be based on a "prudent mix" of sources, will not be disturbed because the statute is ambiguous and the Commission has the technical expertise to interpret it.

Case Name: American Express v. Italian Colors Restaurant

Court: U.S. Supreme Court    Docket: 12-133

Read Summary AARP's Amicus Brief (PDF)

Case Result: Arbitration clause that requires individual arbitration of claims is enforceable regardless of whether it prevents the effective vindication of statutory rights by making the cost of pursuing a remedy individually much greater than any individual litigant may recover.

Case Name: Unifund CCR Partners v. Shah

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

Read Summary and AARP's Amicus Brief (PDF)

Case Result: After clarifying the obligation of the collector to provide sufficient evidence of an assignment of the debt as required by statute, the court determined the record on appeal was insufficient to permit review, and therefore affirmed the trial court judgment dismissing the case.

Case Name: Hrivnak v. NCO Portfolio Management, Inc.

Court: U.S. Ct. App. 6th Cir.    Docket: 11-3142

Read Summary AARP's Amicus Brief (PDF)

Case Result: Rule 68 Offer of Judgment did not moot the claims because it did not offer full relief for the individual claims only those claims defendant viewed as reasonable.

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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.