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AARP Foundation Legal Advocacy

Docket: Health


Case Name: Dickerson v. Longoria

Court: Md. Ct. App. Docket: 110-2009 Term

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court found that arbitration provisions could not be enforced against estate of nursing facility resident because the relative who had signed agreement lacked authority to bind the resident.

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: Emke v. C.J. (formerly Grier v. Goetz)

Court: U.S. Dist. Ct. MD Tenn.

Read Summary   

Case Result: After obtaining injunctive relief on some claims and remand of appeal from award of attorneys' fees, parties settled remaining claims for attorneys' fees.

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 Issue: Is the defendant's arbitration agreement unenforceable against the plaintiff because New York state preempts the Federal Arbitration Act and if not, is it unenforceable nonetheless because of the doctrine of unconscionability?

Case Name: Griffith v. Aultman Hospital

Court: Ohio Supreme Court    Docket: 14-1055

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Does state law enforcing an individual's right to access their medical records apply only to records kept in a provider's "medical records" department?

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 Issue: Does the Department of Labor have the authority to extend minimum wage and overtime pay protections to home care workers?

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.

Case Name: Hulsmeyer v. Hospice of Southwest Ohio

Court: Ohio, Ct. App., 1st Appellate Dist.   Docket: C120822

Read Summary AARP's Amicus Brief (PDF)

Case Result: State's anti-retaliation statute that protects employees who report abuse or neglect of vulnerable people did not require that such reports be made to the state's Department of Health in order to secure the statute's employment protections.

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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.