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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: Employment Discrimination

    

Case Name: Hale v. ABF Freight Systems

Court: U.S. Ct. App. 6th Cir.     Docket: 11-6440

Read Summary AARP's Amicus Brief (PDF)

Case Result: Summary judgment for defendant was reversed and case remanded for trial based on supervisor's ageist statements which were direct evidence of age discrimination.

Case Name: Harpham v. City of Dublin, Ohio

Court: U.S. Dist. Ct. SD Ohio

Read Summary  

Case Result: City agreed to reimburse the plaintiff the benefits he had been denied because of his age and to amend its health care plan so that older workers are no longer denied benefits.

Case Name: Hester v. Indiana State Dep't of Health

Court: U.S. Ct. App. 7th Cir    Docket: 12-3207

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Does a state waive its Eleventh Amendment immunity to ADEA suits when it removes a case from state court to federal court?

Case Name: Iskanian v. CLS Transportation

Court: Cal. Supreme Court    Docket: S204032

Read AARP's Amicus Brief (PDF)

Case Issue: Are class procedures expressly permitted under state law (FEHA) preempted by the Federal Arbitration Act (FAA)?

Case Name: Lee v. City of Columbus

Court: U.S. Ct. App. 6th Cir.    Docket: 09-3899

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Policy that police employees provide their immediate supervisor, upon returning from more than three days of sick leave, a doctor's note identifying the condition that required them to be out of work does not violate the Rehabilitation Act because such a policy, even if it "may tend to " reveal information about employee disabilities, does not demonstrate discrimination "solely on the basis of disability."

Case Name: Meacham v. Knolls Atomic Power Laboratory

Court: U.S. Supreme Court    Docket: 09-1449

Read AARP's Amicus Brief (PDF)

Case Result: Court denied cert and as a result there will be a new trial in the case 14 years after the plaintiffs were terminated in a reduction-in-force.

Case Name: Merritt v. Wellpoint, Inc.

Court: U.S. Dist. Ct. ED Va.    Docket: 08-272

Read Summary and Settlement Agreement (PDF)

Case Result: In settlement of all claims, employer paid $2.6 million to the "collective" class consisting of 153 former Wellpoint employees.

Case Name: Mission Consol. Indep. School Dist. v. Garcia

Court: Supreme Ct. of Texas    Docket:  10-0802

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Age discrimination employment claim under state law may not proceed based on assertion of age bias not substantiated by evidence rebutting a defendant's proof that plaintiff was replaced by an older employee.

Case Name: Muhammad v. Stagecoach Group

Court: NJ Superior Court, Union County    Docket: UNN-L-003819-09

Read Summary

Case Issue: Does state's disability employment discrimination law permit employer to assess its employees with non-insulin treated diabetes based on federal standards for licensing drivers with insulin-treated diabetes?

Case Name: Palmquist v. Shinseki

Court: U.S. Ct. App. 1st Cir.    Docket: 11-2110

Read Summary AARP's Amicus Brief (PDF)

Case Result: In workplace disability retaliation case under the Rehabilitation Act, court rejected "mixed motive" claim. 

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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.