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AARP Foundation Legal Advocacy

Docket: Employee Benefits


Case Name: Cotillion v. United Refining Co.

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

Decided: 3/18/2015

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: Rochow v. LINA

Court: U.S. Ct. App. 6th Cir.    Docket: 12-2074

Decided: 3/5/2015

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.

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

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

Decided: 1/9/2015

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: 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: Gabriel v. Alaska Electrical Pension Fund

Court: U.S. Ct. App. 9th Cir.    Docket: 12-35458

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: What are appropriate equitable remedies?

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.

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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 nearly 20 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.