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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 Result: The Second Circuit affirmed that because of Cigna's intentional misrepresentation, it had to fix its pension plan to ensure that plan participants received both the amount of their original benefits plus any additional benefits they earned after the plan was changed to a cash balance plan. 

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 Result: The State is permanently enjoined from cutting teachers guaranteed annual pension benefits. Court also held that teachers are contractually entitled to a 1.5% increase annually.

Case Name: Chamber of Commerce v. DOL and Perez

Court: U.S. Dist. Ct. ND Tex.  Docket: 16-1476, 16-1530, 16-1537 consolidated

Read AARP's Memorandum (PDF)

Case Issue: Did the Department of Labor properly issue a regulation requiring investment advisers, brokers and insurance agents to provide retirement investment advice in the best interest of their clients?

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

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: Feeko v. Pfizer & Wyeth Special Transaction Severance Plan

Court: U.S. Ct. App. 3d Cir.    Docket: 14-4752

Read Summary and AARP's Amicus Brief (PDF)

Case Result: A divided Third Circuit held that former Pfizer workers transferred to a credit union in connection with Pfizer's acquisition of another pharmaceutical company are not entitled to severance benefit and declined to decide whether unnamed plaintiffs must exhaust administrative remedies in order to be part of a class action under the Employee Retirement Income Security Act (ERISA).

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.

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Find
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 more than 15 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.