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The AARP Foundation Litigation Update, our quarterly email newsletter, provides information about our current activities and cases.

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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 Issue: What are the requirements to obtain class certification for an ERISA lawsuit alleging breaches of fiduciary duty in selecting 401(k) investments options?

Case Name: CIGNA Corp. v. Amara

Court: U.S. Supreme Court   Docket: 09-804

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Workers who can show that employers breached fiduciary duties in notifying them about a pension plan change are entitled to monetary relief without having to prove that they detrimentally relied on the intentional misleading communications in the plan; under certain circumstances appropriate equitable relief under Section 502(a)(3) of ERISA includes monetary relief.

Case Name: In re: Citigroup ERISA Litigation, see also Gray v. Citigroup U.S. Supreme Ct. (11-1531)

Court: U.S. Ct. App. 2d Cir. Docket: 09-3894-cv

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Plan fiduciary did not violate their fiduciary duty in offering employer stock and had no affirmative duty to disclose to plan participants nonpublic information regarding the company's expected stock performance.

Case Name: Conkright v. Frommert

Court: U.S. Supreme Court    Docket: 08-810

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Court held lower courts erred by refusing to defer to the Plan Administrator's interpretation of the Plan on remand simply because the court had found a previous related interpretation by the Administrator to be invalid; instead the lower courts should have applied the standard of review established in Firestone and Glenn to permit the plan administrator to review the claims again.

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: 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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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.

About
Foundation Litigation

AARP Foundation Litigation (AFL) is an advocate in courts nationwide for the rights of people 50 and older, addressing diverse legal issues that affect their daily lives and assuring that they have a voice in the judicial system. Learn more about our litigation teams.