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AARP Foundation Legal Advocacy

Docket: Employee Benefits


Case Name: Fletcher v. Convergex

Court: U.S. Ct. App. 2d Cir.   Docket: 16-734

Read AARP's Amicus Brief (PDF)

Case Result: The second circuit held that the plaintiffs have standing to pursue a financial loss to their defined benefit plan.

Case Name: Fontaine v. Metropolitan Life Ins.

Court: U.S. Ct. App. 7th Cir.   Docket: 14-1984 & 14-2302

Read Summary and AARP's Amicus Brief (PDF)

Case Result: ERISA does not preempt an Illinois state law that prohibits the use of discretionary clauses in health and disability insurance policies.

Case Name: Gabriel v. Alaska Electrical Pension Fund

Court: U.S. Ct. App. 9th Cir.    Docket: 12-35458

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: What are appropriate equitable remedies?

Case Name: Gobeille v. Liberty Mut. Ins. Co.

Court: U.S. Supreme Court    Docket: 14-181

Read Summary and AARP's Amicus Brief (PDF)

Case Result: ERISA preempts a Vermont law that requires all health care providers to report information about paid health care claims if the data are from health plans that employers offer to their employees. AARP had argued that the Court should consider such laws as state health care regulation and should use the presumption against preemption to uphold Vermont's law.

Case Name: Kaplan v. St. Peter's Healthcare System

Court: U.S. Ct. App. 3d Cir.    Docket: 15-1172

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Workers at a church-affiliated hospital are entitled to full pension protections of the Employee Retirement Income Security Act (ERISA) because only churches may qualify as an exempt "church plan" under ERISA.

Case Name: Kopp v. Klein

Court: U.S. Ct. App. 5th Cir.    Docket: 12-10416

Read AARP's Amicus Brief (PDF)

Case Issue: In an ERISA breach of fiduciary duty suit, does the presumption of prudence as to the offering of employer stock in an eligible Individual Account Plan apply at the pleading stage?

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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.