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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: Milgram v. The Orthopedic Assoc. Defined Contribution Pension Plan

Court: U.S. Ct. App. 2d Cir.    Docket: 10-1862-cv

Read AARP's Amicus Brief (PDF)

Case Result: Under the facts of this case, it was not error to award judgment against the 401(k) plan, even though the impact of the judgment would diminish the account values of all of the plan participants.

Case Name: Mitchell-White v. Northwest Airlines, Inc.

Court: U.S. Ct. App. 2d Cir.    Docket: 11-1294

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  A plan that offsets pension benefits with workers compensation benefits once an individual reaches the age of 65, does not violate the ADEA as offset was based on "pension status" and not age.

Case Name: Moro v. State of Oregon

Court: Supreme Court of Oregon    Docket: S061452

Read Summary and AARP's Amicus Brief (PDF)

Case Issue:  Did statutory reduction in the rate of COLAs for employees violate state constitution and previous legislation?

Case Name: Pikas v. Williams Cos.

Court: U.S. Dist. Ct. ND Okla.    Docket: 08-0101

Read Summary AARP's Amicus Brief (PDF)

Case Result:  Plaintiffs awarded prejudgment interest from the lump sum distribution date to the judgment date and that the COLA should be factored into the amount awarded.

Case Name: Renfro v. Unisys Corp.

Court: U.S. Ct. App. 3d Cir.    Docket: 10-2447

Read AARP's Amicus Brief (PDF)

Case Result:  Fidelity did not function as a fiduciary with respect to selecting and maintaining the range of investment options in 401(k) plan; its status as a directed trustee does not subject it to liability for the inclusion of high-fee options.

Case Name: In re Request for Advisory Op. Regarding Constitutionality of 2011 PA 38

Court: Michigan Supreme Court    Docket: 143157

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Public employees pension income is not exempt from income tax as the past tax exemption is not a constitutionally protected accrued financial benefit.

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

Court: RI Superior Ct.    Docket: PC12-3166

Case Issue: Is legislation eliminating the Cost of Living Adjustments (COLAs) for state retirees a violation of the state constitution's contract clause or otherwise in breach of state law?

Case Name: Rochow v. LINA

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

Read AARP's Amicus Brief (PDF)

Case Issue: Did the district court abuse its discretion by awarding an accounting and disgorgement of profits as appropriate equitable relief under ERISA Sec. 502(a)(3)?

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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.