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AARP Foundation Legal Advocacy

Docket: Health

    

Case Name: Edwards Lifesciences AG v. Medtronic Corevalve

Court: U.S. Ct. App. Fed Cir. Docket: 2014-1409

Read Summary and AARP's Amicus Brief (PDF)

Case Reult: Settlement allows patients unrestricted access to Medtronic's heart valve system.

Case Name: Estate of Ptaszynski v. Atl. Health Sys.

Court: N.J. Supreme Court Docket: A-000245-12T3

Read Letter (PDF)

Case Issue: Does the New Jersey Nursing Home Residents Rights Act grant a private right of action for a nursing facility's violation of federal laws and regulations?

Case Name: FTC v. Actavis (formerly FTC v. Watson)

Court: U.S. Supreme Court     Docket: 12-416

Read Summary AARP's Amicus Brief (PDF)

Case Result: "Pay for delay" agreements in pharmaceutical patent litigation are subject to federal anti-trust laws.

Case Name: Friedman v. The Hebrew Home for the Aged at Riverdale

Court: Supreme Ct. N.Y. Appellate Div.   Docket: 24793/13E

Read AARP's Amicus Brief (PDF)

Case Result: An arbitration clause in a residential facility's admission agreement was determined to be valid because the Federal Arbitration Act preempted a New York state law governing private actions by residents of health care facilities. The court also found that the arbitration clause was not unconscionable.

Case Name: Griffith v. Aultman Hospital

Court: Ohio Supreme Court    Docket: 14-1055

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The Supreme Court of Ohio reversed the lower court which ruled that the definition of "medical record" under state law is restricted to only those records that providers choose to keep in their medical records department. Patients have a right under Ohio law to access their full medical record.

Case Name: Halbig v. Burwell (formerly Sebelius)

Court: U.S. Ct. App. D.C.    Docket: 14-50118

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Is the IRS Rule that includes federally-run health insurance exchanges in the definition of "Exchange" for purposes of the availability of premium tax credits permitted by the ACA?

Case Name: Haro v. Sebelius

Court: U.S. Ct. App. 9th Cir.    Docket: 11-16606

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Medicare beneficiaries' appeals must be adequately presented at the administrative level before they can be challenged in court.

Case Name: Home Care Ass'n of Am. v. Weil

Court: U.S. Ct. App. D.C. Cir.    Docket: 15-5018

Read AARP's Amicus Brief (PDF)

Case Result: Court held that the Department of Labor has the authority to require third-party employers (such as home health care staffing agencies) to pay home health care workers minimum wage and overtime under the Fair Labor Standards Act.

Case Name: Hughes v. Pham

Court: Cal. Supreme Court   Docket: S221650

Read Summary and Amicus Letter Brief (PDF)

Case Result: Court remanded case without addressing the constitutionality of the cap.

Case Name: Hulsmeyer v. Hospice of Southwest Ohio

Court: Ohio Supreme Court   Docket: 2013-1644 and 2013-1766

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Statute prohibits retaliation against an employee of a health care facility who reports suspected abuse or neglect of a resident even though employee did not make report to the Department of Health.

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Find
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.