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AARP Foundation Legal Advocacy

Docket: Employee Benefits


Case Name: Leimkuehler v. American United Life Ins.

Court: U.S. Dist. Ct. S. Ind.    Docket: 1:10-CV-333-JMS-TAB

Read AARP's Amicus Brief (PDF)

Case Issue: Should court award attorney's fees to prevailing defendant in suit by plan trustee for breach of fiduciary duty by plan administrator for failing to disclose receipt of revenue sharing payments from mutual funds and that its fund class selection decisions were influenced by amount of revenue sharing payable to fiduciary by fund?

Case Name: McLean v. State of California

Court: Supreme Court of California   Docket: S221554

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Are retiring employees who are paid late entitled to wage penalties under the same terms as employees who "quit"?

Case Name: Montanile v. Bd. of Trustees, National Elevator Industry Health Benefit Plan

Court: U.S. Supreme Court   Docket: 14-723

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Can a lawsuit, seeking equitable relief under ERISA to recover an alleged overpayment by a plan, be brought if a fiduciary has not identified a particular fund in a participant's possession and control at the time the fiduciary asserts the claim?

Case Name: Moro v. State of Oregon

Court: Supreme Court of Oregon    Docket: S061452

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  The Supreme Court of Orego held that the legislature was within its right to end favorable state tax treatment of pension benefits and that while retroactive changes to COLAs were invalid, prospective changes were permitted.

Case Name: Rhode Island Pub. Employees' Reitree Coalition v. Chafee

Court: RI Superior Ct.    Docket: PC12-3166

Case Issue: A Rhode Island Superior Court judge approved a proposed class-action settlement, finding that the proposed settlement was fair, reasonable, and adequate.

Case Name: Rochow v. LINA

Court: U.S. Ct. App. 6th Cir.    Docket: 12-2074

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Absent a showing that the remedy for denial of benefits remedy is inadequate to make plaintiff whole, a recovery for disgorgement of profits is unavailable under ERISA.

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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 more than 15 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.