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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 Result: Appellate court affirmed a lower court's holding that the defendant nursing home established that they provided appropriate care and treatment and did not violate the state and federal laws identified by the plaintiff.

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: 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: Brown v. District of Columbia (formerly known as Thorpe v. District of Columbia)

Court: U.S. Dist. Ct. D.C.    Docket: 1:10-cv-02250-ESH

Read Summary, Renewed Motion for Class Certification Exhibits (PDF), DOJ Statement of Interest Class Certification (PDF), Reply to Class Cert Opp (PDF), Memorandum Opinion, Class Certification (PDF) Decision, Ct. App. D.C. Cir. (PDF) 

Case Issue: Is D.C. violating the ADA by failing to make available services and support in appropriate, integrated community settings to disabled persons residing in Medicaid-funded nursing facilities, which thereby results in unnecessary institutionalization?

Case Name: Caplinger v. Medtronic

Court: U.S. Supreme Court    Docket: 15-321

Read AARP's Amicus Brief (PDF)

Case Issue: Are state law claims against a medical device manufacturer based on injuries caused by a medical device preempted where the device was not granted premarket approval for the particular use that caused the injuries and the manufacturer marketed the device for that unapproved use?

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 and 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: Cuozzo Speed Technologies v. Lee

Court: U.S. Supreme Court  Docket: 15-446

Read AARP's Amicus Brief (PDF)

Case Issue: Can the Patent Trial and Appeal Board construe patent claims based on the "broadest reasonable construction" rather than their plain and ordinary meaning in inter-partes review proceedings.

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 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 more than 15 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.