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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: 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: 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 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 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.