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AARP Foundation Legal Advocacy

Docket: Employee Benefits

    

Case Name: Romero v. Allstate Ins. Co.

Court: U.S. Dist. Ct. Pa.    Docket: 2:01-cv-03894-RB

Read Summary

Case Issue: Did employer violate ERISA's prohibition against reducing pension benefits by phasing out early retirement benefits and changing the eligibility requirements for these benefits?

Case Name: Ruppert v. Principal Life Ins.

Court: U.S. Ct. App. 8th Cir.    Docket: 11-2554

Read AARP's Amicus Brief (PDF)

Case Results: The parties settled the case by resolving the individual claim through a payment to the individual plaintiff, and carving out the class issue in light of settlement. The Court of Appeals dismissed the class issue on jurisdictional grounds because the named plaintiff, having settled his claim, had no justiciable interest.

Case Name: Schultz v. Aviall

Court: U.S. Ct. App. 7th Cir.    Docket: 11-2889

Read Summary AARP's Amicus Brief (PDF)

Case Result:The court did not address whether an insurer could be sued as a defendant for a benefit denial but noted the issue in a footnote as an open question.

Case Name: Skinner v. Northrop Grumman Ret. Plan B.

Court: U.S. Ct. App. 9th Cir.    Docket: 10-55161

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Because participants did not rely on the SPD, but rather relied on the benefit calculations they were given, which were consistent with the underlying plan, ERISA was not violated.

Case Name: Tatum v. RJR Pension Investment Comm.

Court: U.S. Ct. App. 4th Cir.    Docket: 13-1360

Read Summary AARP's Amicus Brief (PDF)

Case Result: An employer stock plan fiduciary could be liable for selling off the stock of a subsidiary unless a prudent fiduciary "would have" made the same decision as these fiduciaries.

Case Name: Tibble v. Edison International

Court: U.S. Supreme Court    Docket: 13-550

Read AARP's Amicus Brief (PDF)

Case Issue: May a defined contribution plan fiduciary be liable for breach of ERISA fiduciary duty for maintining retail class mutual fund shares in the plan when the first instance of selecting the fund was more than six years prior to the filing of the suit?

Case Name: Tibble v. Edison International

Court: U.S. Ct. App. 9th Cir.    Docket: 10-56406, 10-56415

Read AARP's Amicus Brief (PDF)

Case Issue: Does a defined contribution 401(k) plan's use of retail class mutual fund shares raise a presumption of fiducairy imprudence?

Case Name: Tussey v. ABB

Court: U.S. Ct. App. 8th Cir.    Docket: 12-2056, 12-2060, 12-3794, 12-3875

Read AARP's Amicus Brief (PDF)

Case Result: It was a breach of ERISA fiduciary duty for fiduciary's failure to negotiate lower investment fees in a 401(k) plan.

Case Name:  U.S. Airways v. McCutchen

Court: U.S. Supreme Court    Docket: 11-1285

Read Summary AARP's Amicus Brief (PDF)

Case Result: Where a plan's medical care reimbursement provision is clear and unambiguous a participant must reimburse the plan out of any recovery, regardless of equitable principles. However, if the plan is silent on the allocation of attorneys' fees, then the common fund doctrine can apply which would require the plan to pay its fair share of attorneys' fees. 

Case Name: Winnett v. Caterpillar, Inc.

Court: U.S. Ct. App. 6th Cir.     Docket: 11-5905/11-5906

Read Summary

Case Result: The claims of retirees' surviving spouses for continued medical care without cost are barred by the applicable 6-year statute of limitations.

Case Name: Winnett v. Caterpillar, Inc.

Court: U.S. Dist. Ct. MD Tenn.    Docket: 3:06-cv-00235

Case Issue: Does employer have an enforceable obligation to continue to provide health insurance to retirees who retired from 1992-1998?

Case Name: Winnett v. Caterpillar, Inc.

Court: U.S. Ct. App. 6th Cir.    Docket: 09-6236

Read Summary

Case Result:  The statute of limitations barred the Caterpillar Logistics Systems subclass members'  claims as they became "clear and unequivocal" when new labor agreement altered healthcare benefits available to retirees and Caterpillar applied the new agreement to the retirees.

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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.