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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: Market Synergy Grp. v. DOL

Court: U.S. Dist. Ct. Kansas    Docket: 5:16-cv-04083-DDC-KGS

Read AARP's Amicus Brief (PDF)

Case Result: The decision rejected all of the challenges to the Department of Labor's conflict of interest regulation, thereby upholding the rule. 

Case Name: McLean v. State of California

Court: Supreme Court of California   Docket: S221554

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The court held that the statutory policy favoring prompt payment of wages applies to employees who retire, as well as those who quit for other reasons.

Case Name: Medina v. Catholic Health Initiatives

Court: U.S. Ct. App. 10th Cir.   Docket: 16-1005

Read AARP's Amicus Brief (PDF)

Case Issue: Does CHI's retirement plan meet the requirements for ERISA's exemption for church plans?

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 Result: When an ERISA-plan participant wholly spends a third-party settlement on non-traceable items, such as food and rent, the plan fiduciary may not bring suit to attach the participant's separate assets under Section 502(a)(3) of ERISA because the plan is not seeking equitable relief under the circumstances of seeking to recover such general funds.

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: Nat'l Ass'n for Fixed Annunities v. Perez

Court: U.S. Dist. Ct. D.C.  Docket: 1:16-1035  

Read Summary and AARP's Memorandum (PDF)

Case Result: The decision rejected all of the challenges to the Department of Labor's conflict of interest regulation, thereby upholding the rule.

Case Name: Osberg v. Foot Locker Retirement Plan

Court: U.S. Ct. App. 2d Cir.    Docket: 15-3602-cv

Read AARP's Amicus Brief (PDF)

Case Issue: Did the employer know the negative impact of its cash balance conversion and intentionally misrepresent the impact of those changes to its employees?

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 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.