Case Name: Hutchinson v. Patrick Court: U.S. Ct. App. 1st Cir. Docket: 10-1268 Read Summary and AARP's Amicus Brief (PDF) Case Result: After the parties reached a negotiated settlement resolving the substance of a complicated class action which was approved by district court, the court awarded the plaintiffs attorneys' fees and expenses; on appeal, the court upheld the findings that plaintiffs were prevailing parties, relief obtained was sufficiently final to justify a fee award, and that the district court acted within its discretion in fixing the amount. |
Case Name: Immel v. Lumpkin Court: U.S. Ct. App. 6th Cir. Docket: 09-3182 Read Summary and AARP's Amicus Brief (PDF) Case Result: Appeal dismissed as moot due to death of appellant. |
Case Name: Johnson v. Kindred Healthcare Court: Mass. App. Ct. Docket: 2012-P-1403 Read AARP's Amicus Brief (PDF) 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: Klotz v. Shapiro Court: Mo. Supreme Ct. Docket: SC90107 Read Summary and AARP's Amicus Brief (PDF) Case Result: Retroactive application of statutory noneconomic damage caps violated Missouri constitution. |
Case Name: Laizure v. Avante at Leesburg Court: Fla. Supreme Ct. Docket: SC10-2132 Read Summary and AARP's Amicus Brief (PDF) Case Result: Wrongful death claims are derived from the claims of deceased nursing facility resident making the heirs bound by arbitration agreement signed by resident. |
Case Name: Lee v. Dudek Court: U.S. Dist. Ct. Fla. Docket: 4:08-cv-00026-RH-WCS Read Summary 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 Read Summary 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 Read AARP's Amicus Brief (PDF) 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: Louisiana Wholesale Drug Co. v. Bayer AG Court: U.S. Supreme Court Docket: 10-762 Read Summary and AARP's Amicus Brief (PDF) Case Result: Court denied the petition for a writ of certiorari. |
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