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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 Issue: Do agreements between name-brand and generic prescription drugs have to involve an exchange of cash to be subject to antitrust laws?

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: McFarren v. Emeritus at Canton

Court: Supreme Court of Ohio   Docket: 2016-0982

Read AARP's Amicus Brief (PDF)

Case Issue: Do you need direct observation of an injury to show that an assisted living facility's allegedly negligent oversight caused a resident's fatal fall? 

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: 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 Result: California Supreme Court denied review of lower court decision.

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 Issue: Is there a crime-fraud exception to South Dakota's peer review privilege when the injured parties present evidence that the health care provider engaged in fraud or malice and was not acting to further peer review goals of improving health care?

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 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 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 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 more than 15 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.