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AARP Foundation Legal Advocacy

Docket: Health

    

Case Name: Absher v. Momence Meadows Nursing Center

Court: U.S. Ct. App. 7th Cir.   Docket: 13-886 & 13-936

ReadAARP's Amicus Brief (PDF)

Case Issue: Can nursing facility be held liable under the False Claims Act for substandard care as reported by facility employees?

Case Name: APOTEX, Inc. v. Sebelius

Court: U.S. Supreme Court   Docket: No. 10-453

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Petition for certiorari denied on decision which narrowly interpreted forfeiture provision of Hatch-Waxman Act.

Case Name: Ass'n for Molecular Pathology v. Myriad Genetics

Court: U.S. Supreme Court    Docket: 12-398 

Read Summary and AARP's Amicus Briefs:

U. S. Supreme Court (12-398) Brief 1 (PDF), Brief 2 (PDF), U.S. Supreme Court (11-725) (PDF), U.S. Ct. App. Fed. Cir. (2010-1406) Brief 1 and Brief 2  (PDF) 

Watch PBS NewsHour video Can Genes Be Patented?

Case Result: Patent of human genes is not permitted; but patents of synthetic CNA (cDNA) may be allowed.

Case Name: Astra USA v. Santa Clara

Court: U.S. Supreme Court     Docket: 09-1273

Read Summary and AARP's Amicus Brief (PDF)

Case Result: U.S. Supreme Court ruled public health hospitals, clinics and community health centers that primarily provide care to Medicaid recipients, known as 340B entities, do not have a right under federal law to sue drug companies for alleged overpricing of drugs sold for outpatient treatment.

Case Name: Atlanta Oculoplastic Surgery v. Nestlehutt

Court: Ga. Supreme Ct.    Docket: S091432

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court ruled that the State's cap on non-economic damages violates state's constitution because it deprives citizens of equal protection under the law and interferes with the right to have a jury decide damage amounts.

Case Name: Ball v. Betlach (formerly Rodgers)

Court: U.S. Dist. Ct. Az.    Docket: CV-00-67

Read Summary

Case Result: In settlement, state agreed to deliver critical home and community based services as scheduled; remedy any gaps in service within two hours; maintain backup workers to cover gaps; keep an 800 line available for reporting gaps in service; report monthly on level of gaps in service; and pay attorneys fees and costs.

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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.