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AARP Foundation Legal Advocacy

Docket: Health

    

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 Summary 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: Keller v. Life Care Centers of America

Court: Cir Ct. for Green County, Tenn.    Docket: 14-cv-500

Read Complaint (PDF)

Case Issue: Does a health care provider commit a medical battery against a nursing facility resident by administering drugs without the resident's informed consent?

Case Name: King v. Burwell (formerly Sebelius)

Court: U.S. Ct. App. 4th Cir.    Docket: 14-1158

Read Summary and AARP's Amicus Brief (PDF)

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: 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: Lamictal Direct Purchase Litigation (In re)

Court: U.S. Ct. App. 3d Cir.   Docket: 14-1243

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Do "pay for delay" agreements between name-brand and generic pharmaceutical manufacturers have to involve a payment of money to be scrutinized under antitrust laws?

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 and Press Release

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 Summary AARP's Amicus Brief (PDF)

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.

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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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.