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AARP Foundation Legal Advocacy

Docket: Health

    

Case Name: Loestrin 24 Fe Antitrust Litigation (In re)

Court: U.S. Ct. App. 1st Cir.  Docket: 14-2071

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The first circuit held that "pay-for-delay" agreements do not necessarily have to involve a cash payment to be scrutinized under antitrust law.

Case Name: McFarren v. Emeritus at Canton

Court: Supreme Court of Ohio   Docket: 2016-0982

Read AARP's Amicus Brief (PDF)

Case Result: Supreme Court of Ohio declined to review a case affecting the ability of nursing home residents to prove neglect.

Case Name: Mylan Pharmaceuticals v. Warner Chilcott

Court: U.S. Ct. App. 3d Cir. Docket: 15-2236

Read AARP's Amicus Brief (PDF)

Case Result: Third circuit upholds Eastern District of Pennsylvania's grant of summary judgment in favor of Defendants.

Case Name: N.B. v. District of Columbia

Court: U.S. Ct. App. D.C. Cir.    Docket: 14-7054

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The D.C. circuit reversed the district court's dismissal of the Plaintiffs' due process claims, but affirmed the district court's dismissal of the Plaintiffs' Medicaid causes of action.

Case Name: Nautilus v. Biosig Instruments

Court: U.S. Supreme Court    Docket: 13-369

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The "insolubly ambiguous" test created by the federal circuit for patents is improper.

Case Name: Novotny v. Sacred Heart Health Services

Court: S.D. Supreme Court    Docket: 27615 (CIV 14-235), 27626 (CIV 15-167), 27631 (CIV 15-167)

Read Summary and AARP's Amicus Brief  (PDF)

Case Result: The South Dakota Supreme Court reversed the trial court's finding and declined to recognize a crime-fraud exception to South Dakota's peer review privilege statute even in circumstances where it appears that the peer review committee engaged in fraud.

Case Name: Oster v. Wagner

Court: U.S. Ct. App. 9th Cir.    Docket: 09-17581

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Does state law reducing in home Medicaid services violate the Supremacy Clause?

Case Name: People, State of New York v. Actavis

Court: U.S. Ct. App. 2d Cir.   Docket: 14-4624

Read Summary, AARP's Amicus Brief (PDF), and Decision (PDF)

Case Result: The second circuit upheld the lower court's injunction requiring Actavis to make its original formulation of Namenda available to consumers.

Case Name: Pierce v. Genesis Healthcare

Court: Superior Ct. of Delaware    Docket: S16C-09-002

Read Summary and  Complaint (PDF)

Case Issue: Can nursing facilities administer psychotropic drugs to elderly people with dementia without informed consent or medical justification?

Case Name: Pitts v. Greenstein

Court: U.S. Dist. Ct. MD La.    Docket: 3:10-cv-00635

Read Summary and Settlement Agreement (PDF)

Case Result: Louisiana agreed to restore needed home and community-based services to enable Medicaid recipients to remain in the community.

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Find
Legal Cases

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
Legal Advocacy

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.