Alert
Close

Take AARP’s Smart Driver course and you could save money on your car insurance. Learn more

DONATE

Be part of the solution.

Help AARP Foundation win back opportunity for struggling Americans 50 and over.

Charity Rating

AARP Foundation earns high rating for accountability from a leading charity evaluator. Read

Connect with the
Foundation

Email:

foundation@aarp.org

 

Toll-free Nationwide:

888-OUR-AARP

(888-687-2277)

 

Toll-free TTY:

877-434-7598

 

AARP Foundation Tax ID

52-0794300

AARP Foundation Legal Advocacy

Docket: Employee Benefits

    

Case Name: Abbott v. Lockheed Martin

Court: U.S. Ct. App. 7th Cir.   Docket: 12-3736

Read Summary AARP's Amicus Brief (PDF)

Case Result: In class action, court should have certified class rising from claim of imprudent management of a defined contribution plan caused by choosing a stable value fund whose mix of investments did not permit the fund to outpace inflation and therefore could not serve as a prudent retirement investment.

Case Name: Amara v. CIGNA Corp.

Court: U.S. Ct. App. 2nd Cir.   Docket: 13-447

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Did court err by failing to invalidate a plan amendment which significantly reduced future benefit accruals where the court previously found timely and proper notice was not provided to participants?

Case Name: BP ERISA Litigation (In re)

Court: U.S. Ct. App. 5th Cir.   Docket: 12-20670

Read AARP's Amicus Brief (PDF)

Case Issue: Was it erroneous for court to apply the presumption of prudence regarding the BP defined contribution plan fiduciaries' retention of BP stock as an investment option?

Case Name: Byrne v. State of Montana

Court: Montana 1st Judicial Dist.   Docket: ADV-2013-738

Read Summary

Case Issue: Did reduction of the Guaranteed Annual Basic Adjustment (GABA) applicable to retired teachers' pensions breach a contractual commitment of the state under the constitution and statutory law?

Case Name: CIGNA Corp. v. Amara

Court: U.S. Supreme Court   Docket: 09-804

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Workers who can show that employers breached fiduciary duties in notifying them about a pension plan change are entitled to monetary relief without having to prove that they detrimentally relied on the intentional misleading communications in the plan; under certain circumstances appropriate equitable relief under Section 502(a)(3) of ERISA includes monetary relief.

Case Name: In re: Citigroup ERISA Litigation, see also Gray v. Citigroup U.S. Supreme Ct. (11-1531)

Court: U.S. Ct. App. 2d Cir. Docket: 09-3894-cv

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Plan fiduciary did not violate their fiduciary duty in offering employer stock and had no affirmative duty to disclose to plan participants nonpublic information regarding the company's expected stock performance.

Case Name: In re City of Detroit, Debtor in Possession

Court: U.S. Ct. App. 6th Cir. Docket: 14-1208

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Does state constitution provision protecting state and municipal employees pensions prohibit a bankruptcy court from impairing (reducing) pension benefits to city employees?

Case Name: Conkright v. Frommert

Court: U.S. Supreme Court    Docket: 08-810

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Court held lower courts erred by refusing to defer to the Plan Administrator's interpretation of the Plan on remand simply because the court had found a previous related interpretation by the Administrator to be invalid; instead the lower courts should have applied the standard of review established in Firestone and Glenn to permit the plan administrator to review the claims again.

Case Name: Cotillion v. United Refining Co.

Court: U.S. Ct. App. 3d Cir.    Docket: 13-4633 & 13-4743

Read AARP's Amicus Brief (PDF)

Case Issue:  Did defendants amend pension plan to reduce early retirement benefits in violation of ERISA's anti-cutback provision?

Case Name: David v. Alphin

Court: U.S. Ct. App. 4th Cir.    Docket: 11-2181

Read Summary AARP's Amicus Brief (PDF)

Case Result: Plan participants lacked standing to assert imprudent investment claims against the defined benefit pension plan because they had not suffered a direct monetary injury caused by losses from the plan's investments.

Case Name: Dudenhoeffer v. Fifth Third Bancorp

Court: U.S. Ct. App. 6th Cir.    Docket: 11-3012

Read Summary AARP's Amicus Brief (PDF)

Case Result: The presumption of reasonableness attaching to a defined contribution plan's offer of employer stock does not apply at the pleading stage, and this will not support a motion to dismiss claim alleging breach of ERISA fiduciary duty.

Case Name: Fifth Third Bancorp v. Dudenhoeffer

Court: U.S. Supreme Court    Docket: 12-751

Read AARP's Amicus Brief (PDF)

Case Result: No presumption of prudence applies to ESOP fiduciaries in connection with their decision(s) to purchase, hold or refrain from purchasing employer stock.

Case Name: Fisch v. Suntrust Banks

Court: U.S. Ct. App. 11th Cir.    Docket: 11-11608-G

Read AARP's Amicus Brief (PDF)

Case Result: In an ERISA breach of fiduciary duty claim regarding plan's purchase of employer securities, the plan administrators have no obligation to disclose nonpublic, negative, material information to the plan participants but may be liable for failing to exercise prudence

Some of the content presented here is in Adobe PDF format. You will need the free Acrobat Reader to access these files.

Topic Alerts

You can get weekly email alerts on the topics below. Just click “Follow.”

Manage Alerts

Processing

Please wait...

progress bar, please wait

Search Legal Advocacy

Find
Legal Cases

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.

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 priority areas: Hunger, Income, Housing and Isolation, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.