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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: 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: Berg v. Sebelius

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

Read AARP's Amicus Brief (PDF)

Case Issue: Are federal courts required to give deference to decisions of the Medicare Appeals Council (MAC)?

Case Name: Bilski v. Kappos

Court: U.S. Supreme Court   Docket: 08-964

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court held that the claimed "business method" was not patent eligible but left unanswered which "business method" patents would be upheld in the future.

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 Issue: Can an arbitration agreement be enforced against the estate of a deceased nursing facility resident when the resident's relative signed the agreement without a Power of Attorney?

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.

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.