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The AARP Foundation Litigation Update, our quarterly email newsletter, provides information about our current activities and cases.

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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 Issue: Does state's 10 percent rate cut to Medicaid providers violate Medicaid statute requirement to ensure access to care?

Case Name: Mass. v. Life Care Centers of Am., Inc.

Court: Mass. Supreme Judicial Ct.  Docket: No. AJC-10546

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court held that corporate nursing facility chain could not be convicted for the death of a resident under theory of "collective knowledge."

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 Issue: Does a cap on non-economic damages in medical malpractice cases violate the Florida Constitution's right of access to court provision?

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: 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: 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: Pitts v. Greenstein

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

Read Summary

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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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.

About
Foundation Litigation

AARP Foundation Litigation (AFL) is an advocate in courts nationwide for the rights of people 50 and older, addressing diverse legal issues that affect their daily lives and assuring that they have a voice in the judicial system. Learn more about our litigation teams.