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AARP Foundation Legal Advocacy

Docket: Health

    

Case Name: Strausberg v. Laurel Healthcare Providers

Court: NM Supreme Court    Docket: 33,331

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Should a nursing facility have the burden of proving that an arbitration agreement between it and a nursing facility resident was not unconscionable?

Case Name: Thorpe v. District of Columbia

Court: U.S. Ct. App. D.C. Cir.    Docket: 14-8001

Read Summary and Decision from Ct. App. D.C. Cir

Case Issue: Was the court's finding of commonality in support of certification of the class clearly erroneous?

Case Name: U.S. ex rel. Colquitt v. Abbott Labs

Court: U.S. Dist Ct. ND Tex.    Docket: 06-cv-01769-M

Read Summary

Case Issue: Did Defendants defraud Medicare and Medicaid by causing hospitals to submit false claims for medical devices that were implanted into patients for uses that FDA has not approved?

Case Name: U.S. ex rel. Ortolano v. Amin Radiology

Court: U.S. Ct. App. 11th Cir.   Docket: 15-10838

Read AARP's Amicus Brief (PDF)

Case Issue: Do diagnostic services meet Medicare's requirements that health care srvices be "reasonable and necessary" to be reimbursable where the services were performed by people who allegedly were not trained, supervised, or licensed as required by law?

Case Name: Univ. of Utah Research Found. v. Ambry Genetics

Court: U.S. Ct. App. Fed. Cir.  Docket: 14-1361

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Myriad's tests for genetic mutations that cause breast cancer were not patent eligible.

Case Name: Univ. of Utah Research Found. v. Ambry Genetics

Court: U.S. Dist Ct. Utah    Docket: 2:13 cv 00640 RJS

Read Summary and AARP's Amicus Brief

Case Result: Court denied request for preliminary injunction to block alternate genetic tests, finding that plaintiff was not likely to succeed on merits.

Case Name: Valley View Health Care v. Chapman

Court: U.S. Dist Ct. ED Cal.    Docket: 13-cv-00036-LJO-BAM

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Statute that prevented arbitration of nursing facility residents' claims under the Patient Bill of Rights violated Federal Arbitration Act.

Case Name: Wert v. Manorcare of Carlisle PA

Court: Pennsylvania Supreme Court, Middle District   Docket: No. 62 MAP 2014

Read AARP's Amicus Brief (PDF)

Case Issue: When nursing facility admission agreement designates a specific arbitration, is the designation an integral part of agreement so that failure to use the National Arbitration Forum voids agreement?

Case Name: Williams v. Penn Ctr. for Rehab. and Care

Court: Superior Ct. of Pa., E. Div.   Docket: 1167 EDA 2014

Read AARP's Amicus Brief (PDF)

Case Issue:  Did the trial court err in excluding evidence detailing federal regulatory requirements for nursing facility care quality?

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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 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.