Case Name: Johnson v. Kindred Healthcare
Court: Mass. App. Ct. Docket: 2012-P-1403
Case Issue: Can a nursing facility enforce a pre-dispute arbitration clause against a family member suing for wrongful death when the family member signed admission agreement pursuant to statutory authority as health care proxy?
Case Name: Keller v. Life Care Centers of America
Court: Cir Ct. for Green County, Tenn. Docket: 14-cv-500
Read Complaint (PDF)
Case Result: The matter was settled to the client's satisfaction.
Case Name: Kindred Nursing Ctrs v. Clark
Court: U.S. Supreme Court Docket: 16-32
Read AARP's Amicus Brief (PDF)
Case Issue: Does the Federal Arbitration Act preempt a state rule requiring power of attorney documents to specify whether an agent has the authority to waive fundamental rights on behalf of a nursing facility resident?
Case Name: King v. Burwell
Court: U.S. Supreme Court Docket: 14-114
Case Result: Under the Affordable Care Act individuals may receive federal tax credits to pruchase health insurance on an exchange established by the federal government.
Case Name: King v. Burwell (formerly Sebelius)
Court: U.S. Ct. App. 4th Cir. Docket: 14-1158
Case Result: The Fourth Circuit affirmed the district court's holding that the IRS rule that permits a tax credit to subsidize premiums for qualified individuals who purchase health insurance on a federally facilitated exchange was validly issued.
Case Name: Lamictal Direct Purchase Litigation (In re) [King Drug of Florence v. SmithKline Beecham]
Court: U.S. Ct. App. 3d Cir. Docket: 14-1243
Case Result: The third circuit reversed the district court's decision that, because the "pay for delay" agreement between manufacturers of generic and name-brand Lamictal did not involve a payment of cash, it was not subject to scrutiny under antitrust laws.
Case Name: Lee v. Dudek
Court: U.S. Dist. Ct. Fla. Docket: 4:08-cv-00026-RH-WCS
Case Result: As a result of the lawsuit over 1,600 people were moved out of nursing homes and into homes and community based settings with appropriate support and services.
Case Name: Levine v. Ventura Convalescent Hospital
Court: Superior Court of Ventura, CA Docket: 56-2011-00406719
Case Issue: Does nursing facility's failure to ensure informed consent before administering medication to nursing facility residents violate the California Patient Bill of Rights?
Case Name: Licata v. GGNSC Malden Dexter
Court: Mass. App. Ct. Docket: 2012-P-1251
Case Result: A health care agent's decision to enter into an arbitration agreement is not a health care decision as that term is defined under state law and; therefore, an agreement to arbitrate does not bind the nursing facility resident where the agreement was entered into solely by a health care agent.
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Search Legal Advocacy
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
Our legal advocacy initiatives - conducted by AARP Foundation Litigation (AFL) - reflect nearly 20 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.