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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities

    

Case Name: Maughon v. Carnival Corp. 

Court: U.S. Ct. App. 11th Cir.   Docket: 09-15890-G

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Cruise line's arbitration clause is enforceable despite requiring people to travel to Florida to arbitrate and regardless of significant limitations on substantive legal remedies contained in the arbitration clause.

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 Result: Court rejected the challenge, finding that recovery of preconstruction costs through customer rates in order to promote utility company investment in new nuclear power plants, even though plants might never be built, is a policy decision for the legislature.

Case Name: North Carolina ex rel. Utilities Comm'n v. Cooper

Court: N.C. Supreme Court    Docket: 268A12-1

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Commission failed to make the necessary findings of fact to support its Return on Equity determination, and customer interests cannot be measured only indirectly or treated as mere afterthoughts.

Case Name: Comcast v. Behrend

Court: U.S. Supreme Court  Docket: 111-864

Read Summary AARP's Amicus Brief (PDF)

Case Result:  Class action was improperly certified because the damages model relied upon did not match precisely the legal theory proposed and courts must consider merits issues at class certification when issues overlap.

Case Name: Vassalle v. Midland Funding

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

Read Summary and 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: Marx v. Gen. Revenue Corp.

Court: U.S. Supreme Court    Docket: 11-1175

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Courts have discretion to award costs against unsuccessful plaintiffs in Fair Debt Collections Practices Act cases even if the claims were brought in good faith.

Case Name: Cruz v. TD Bank, N.A.

Court: U.S. Ct. App. 2d Cir.     Docket:  12-1200-cv

Read Summary AARP's Amicus Brief (PDF)

Case Issue:  Is there a private right of action to enforce NY statutory safeguards that protect exempt benefits and wages from garnishment?

Case Name: Martinez v. Capital One Bank, N.A.

Court: U.S. Ct. App. 2d Cir.    Docket: 12-1342-cv

Read Summary and AARP's Amicus Brief (PDF)

Case Issue:  Is there a private right of action to enforce N.Y. statutory safeguards that protect exempt benefits and wages from garnishment?

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Search Legal Advocacy

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 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.