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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: Pliva, Inc. v. Mensing

Court: U.S. Supreme Court    Docket: 09-993; 09-1039; 09-1501

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Consumers of generic drugs which caused harm cannot bring state "failure to warn" claim because claim is preempted by federal labeling law.

Case Name: In re Reconsideration of Disapproval of California State Plan Amendments ("SPAS")

Court: Dept. of Health Care & Human Serv. Ctr. for Medicaid and Medicare Services    Docket: 08-009A, 08-009B1, 08-009B2, 08-009D, 08-019

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Administrative hearing dismissed after California withdrew its request for Reconsideration

Case Name: Sanofi-Aventis v. FDA

Court: U.S. Dist. Ct. D.C.    Docket: 1:10-cv-01255-EGS

Read Summary and AARP's Amicus Brief (PDF) 

Case Result: Court denied brand Rx manufacturer's motion for preliminary injunction to overturn the FDA's approval of generic Lovenox (enoxaparin) finding that the brand manufacturer, Sanofi-Aventis, is unlikely to succeed on the merits, that no parties are challenging the safety of the generic, and that Sanofi failed to establish that the public interest favors interim injunctive relief.

Case Name: Scampone v. Highland Park Care Center

Court: Pa. Supreme Court   Docket: Nos. 15 & 16 WAP, 2011

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Nursing facility corporation can be held responsible for negligent care if there is evidence that the corporation's decisions about staffing, budget or other issues adversely impacted care.

Case Name: Schindler Elevator Corp. v. U.S. ex rel. Kirk

Court: U.S. Supreme Court    Docket: 10-188

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Claims brought under the False Claims Act are not permitted when the claim is based on documents obtained under the Freedom of Information Act.

Case Name: Shuts v. Covenant Holdco

Court: Cal. Ct. App.    Docket: A132805

Read SummaryDecision of Aug. 15, 2012, AARP's Amicus Brief (PDF) and Press Release

Case Result: Class action permitted against nursing facility chain challenging understaffing of its facilities.

Case Name: Sorrell v. IMS Health, Inc.

Court: U.S. Supreme Court    Docket: 10-779

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Vermont's restriction on the commercial sale of prescription drug prescriber-identifiable information violates First Amendment right to freedom of commercial speech.

Case Name: State ex rel. Cleveland Right to Life v. State of Ohio Controlling Board

Court: Supreme Court Ohio   Docket: 13-1668

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Was the Ohio Controlling Board's vote to approve receipt of federal funding for Medicaid expansion within its statutory and constitutional authority?

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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.

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.