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AARP Foundation Legal Advocacy

Docket: Employee Benefits

    

Case Name: Abbott v. Lockheed Martin

Court: U.S. Ct. App. 7th Cir.   Docket: 12-3736

Read Summary AARP's Amicus Brief (PDF)

Case Result: In class action, court should have certified class rising from claim of imprudent management of a defined contribution plan caused by choosing a stable value fund whose mix of investments did not permit the fund to outpace inflation and therefore could not serve as a prudent retirement investment.

Case Name: Amara v. CIGNA Corp.

Court: U.S. Ct. App. 2nd Cir.   Docket: 13-447

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Did court err by failing to invalidate a plan amendment which significantly reduced future benefit accruals where the court previously found timely and proper notice was not provided to participants?

Case Name: BP ERISA Litigation (In re)

Court: U.S. Ct. App. 5th Cir.   Docket: 12-20670

Read AARP's Amicus Brief (PDF)

Case Result: After Supreme Court held that there is no presumption of prudence attaching to ERISA fiduciaries' decision, the case was remanded to trial court.

Case Name: Byrne v. State of Montana

Court: Montana 1st Judicial Dist.   Docket: ADV-2013-738

Read Summary

Case Issue: Did reduction of the Guaranteed Annual Basic Adjustment (GABA) applicable to retired teachers' pensions breach a contractual commitment of the state under the constitution and statutory law?

Case Name: In re City of Detroit, Debtor in Possession

Court: U.S. Ct. App. 6th Cir. Docket: 14-1208

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Detroit bankruptcy settlement of the pensioners' claims provided for elimination of cost of living adjustments and reduction of benefits.

Case Name: Cotillion v. United Refining Co.

Court: U.S. Ct. App. 3d Cir.    Docket: 13-4633 & 13-4743

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Company violated ERISA's anti-cutback rule, which prohibits pension plan amendments that reduce workers' accrued benefits, and must pay employees what it promised -- unreduced pension benefits.

Case Name: David v. Alphin

Court: U.S. Ct. App. 4th Cir.    Docket: 11-2181

Read Summary AARP's Amicus Brief (PDF)

Case Result: Plan participants lacked standing to assert imprudent investment claims against the defined benefit pension plan because they had not suffered a direct monetary injury caused by losses from the plan's investments.

Case Name: Dudenhoeffer v. Fifth Third Bancorp

Court: U.S. Ct. App. 6th Cir.    Docket: 11-3012

Read Summary AARP's Amicus Brief (PDF)

Case Result: The presumption of reasonableness attaching to a defined contribution plan's offer of employer stock does not apply at the pleading stage, and this will not support a motion to dismiss claim alleging breach of ERISA fiduciary duty.

Case Name: Fifth Third Bancorp v. Dudenhoeffer

Court: U.S. Supreme Court    Docket: 12-751

Read AARP's Amicus Brief (PDF)

Case Result: No presumption of prudence applies to ESOP fiduciaries in connection with their decision(s) to purchase, hold or refrain from purchasing employer stock.

Case Name: Fisch v. Suntrust Banks

Court: U.S. Ct. App. 11th Cir.    Docket: 11-11608-G

Read AARP's Amicus Brief (PDF)

Case Result: In an ERISA breach of fiduciary duty claim regarding plan's purchase of employer securities, the plan administrators have no obligation to disclose nonpublic, negative, material information to the plan participants but may be liable for failing to exercise prudence

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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.