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AARP Foundation Legal Advocacy

Docket: Health


Case Name: Bayada Nurses, Inc. v. Pa. Dep't of Labor and Indus.

Court: Pa. Supreme Ct.    Docket: 67 MAP 2008

Read Summary and AARP's Amicus Brief (PDF) 

Case Result: A third-party agency employer of home health care workers must pay overtime wages under state law.

Case Name: Bennett v. St. John's Home

Court: N.Y. Supreme Court   Docket: 9516/10

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Does state law protect the right of individuals to age in place?

Case Name: Berg v. Sebelius

Court: U.S. Supreme Court   Docket: 13-859

Read AARP's Amicus Brief (PDF)

Case Issue: The ninth circuit's opinion conferring judicial deference on the Medicare coverage manual will remain in effect.

Case Name: Caraco Pharm. Laboratories v. Novo Nordisk A/S

Court: U.S. Supreme Court     Docket:  10-844

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Generic drug maker may bring counterclaim under Hatch-Waxman Act against brand Rx manufacturer in infringement suit to make brand correct misleading patent information supplied to FDA regarding use of the brand version of drug.

Case Name: Ctr. for Special Needs Trusts Admin. v. Olson

Court: U.S. Ct. App. 8th Cir    Docket: 11-2158

Read Summary and AARP's Amicus Brief (PDF)

Case Result: State's age restriction on pooled trusts for individuals over 65 was permitted by applicable Medicaid provision, but the letter of the federal agency is not due deference by the court.

Case Name: Coleman v. Mariner Health Care, Inc.

Court: SC Ct. App.    Docket: 2010-CP-21-00835, 2010-CP-21-00836

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Individual designated as a health care power of attorney is not authorized to sign an arbitration agreement on a patient's behalf.

Case Name: Corenbaum v. Lampkin

Court: Cal. Ct. App., 2d App. Dist.     Docket: B236227 & B237871

Read Summary AARP's Amicus Brief  (PDF) 

Case Result: Jury is prevented from hearing evidence about the total amount of a tort victim's medical bills and instead can only base their damage determinations on the amount of money that the plaintiff's insurance company paid for that care.

Case Name: Darling v. Douglas

Court: U.S. Dist. Ct. ND Cal.  Docket: #c 09-03798

Read Injunction 1 Summary, Injunction 2 Summary, Settlement Summary

Case Result: Litigation successfully resulted in two preliminary injunctions and a settlement agreement. Parties continue to litigate ongoing compliance issues.

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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.