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AARP Foundation Legal Advocacy

Docket: Health


Case Name: Managed Pharmacy Care v. Sebelius

Court: U.S. Ct. App. 9th Cir.  Docket: Nos. 12-55067 and 12-55332

Read AARP's Amicus Brief (PDF)

Case Result: Because Section 30(A) of the Medicaid Act is "amorphous" "broad and diffuse," deference was due to federal agency's approval of state's cut to Medicaid health care provider rates.

Case Name: Mayo Collaborative Servs. v. Prometheus Labs., Inc.

Court: U.S. Supreme Court    Docket: 10-1150

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court held invalid a patent as it only applied a law of nature including a method for determining the right dosage level of a specific class of drugs to give to a patient.

Case Name: McCall v. U.S.

Court: Fla. Supreme Court    Docket: 11-1148

Read Summary and AARP's Amicus Brief (PDF)

Case Result: State cap on non-economic damages in wrongful death actions held to violate the Equal Protection clause of the Florida constitution.

Case Name: Miller v. Johnson

Court: Kan. Supreme Ct.    Docket: 08-99818-AS

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Caps on non-economic damages in personal injury cases are permissable but legislature urged to consider increasing rates.

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 Issue: Is the District of Columbia required to issue written notice of a prescription denial directly to Medicaid enrollees?

Case Name: Nat'l Fed'n of Indep. Business v. Sebelius

Court: U.S. Supreme Court    Docket: 11-393, 11-400

Read Summary and AARP's Amicus Briefs (PDF)

Case Result: The minimum coverage provision, which requires most Americans to purchase minimum health insurance coverage is constitutional under Congress's taxing powers.The Medicaid expansion provision, which requires states to greatly expand Medicaid eligibility to millions of low-income people, is constitutional under Congress's spending clause powers as long as the federal government does not withdraw a state's existing Medicaid funds if the state refuses to accept the ACA's expansion provision.

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: Nevarrez v. San Marino Skilled Nursing and Wellness Centre

Court: Cal. Ct. App. 2d App. Dist.    Docket: B235372

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Whether private right of action under Health & Safety Code 1430(b) limits damage awards for nursing facility residents to one rights violation for each person without regard to whether the violations persisted for many months?

Case Name: Ortho-McNeil-Janssen Pharmaceuticals v. Arkansas

Court: Supreme Court of Arkansas   Docket: 12-1058

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Because Janssen is a pharmaceutical company and not a health care facility seeking certification or recertification, the award of penalties under the state Medicaid fraud law was reversed.

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 AARP's Amicus Brief (PDF)

Case Issue: Do state and federal antitrust laws prohibit manufacturers of name-brand prescription drugs from forcing individuals to switch to newer, but pharmacologically equivalent versions of prescription drugs?

Case Name: Pitts v. Greenstein

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

Read Summary and Settlement Agreement (PDF)

Case Issue: Do state cuts to Medicaid Long Term - Personal Care Services program put recipients at risk of institutionalization and therefore constitute discrimination based on disability in violation of the ADA and Section 504 of the Rehabilitation Act?

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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.