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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: Day v. District of Columbia (now known as Thorpe v. District of Columbia)

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

Read Summary    

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: 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: Disability Advocates, Inc. v. Paterson

Court: U.S. Ct. App. 2d Cir.    Docket: 10-767

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The court vacated lower court's ruling that the practice of segregating people with mental illness constituted discrimination because plaintiff's organization did not have standing.

Case Name: Douglas v. Independent Living Center of S. Cal.

Court: U.S. Supreme Court  Docket: 09-958, 09-1158, 10-283

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court remanded case for further review after CMS approved non-retroactive Medicaid provider rate reductions.

Case Name: Emke v. C.J.

Court: U.S. Ct. App. 6th Cir. Docket: 10-6005

Case Reult: Case remanded to District Court to review motion to vacate attorney fee award.

Case Name: Emke v. C.J. (previously Grier v. Goetz)

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

Read Summary   

Case Issue: Do changed circumstances (i.e. primary budget issues) warrant revisions to a consent decree governing the TennCare program? Are Plaintiffs entitled to a fee award for their activities in defending the consent decree?

Case Name: FTC v. Watson

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

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Do "reverse payments," where brand drug makers in patent challenge settlements pay generic manufacturers to stay out of the market for a fixed period of time, violate the Hatch-Waxman Act and the Securities Act of 1933?

Case Name: Howell v. Hamilton Meats & Provisions, Inc.

Court: Cal. Supreme Ct.    Docket: S179115

Read Summary AARP's Amicus Brief (PDF)

Case Result: An injured person may only recover in damages the amounts her insurer paid for her medical care.

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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.