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AARP Foundation Legal Advocacy

Docket: Health


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: 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: Lee v. Dudek

Court: U.S. Dist. Ct. Fla.    Docket: 4:08-cv-00026-RH-WCS

Read Summary

Case Result: As a result of the lawsuit over 1,600 people were moved out of nursing homes and into homes and community based settings with appropriate support and services.

Case Name: Levine v. Ventura Convalescent Hospital

Court: Superior Court of Ventura, CA    Docket: 56-2011-00406719

Read Summary and Press Release

Case Issue: Does nursing facility's failure to ensure informed consent before administering medication to nursing facility residents violate the California Patient Bill of Rights?

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: 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: Brown v. District of Columbia (formerly known as Thorpe v. District of Columbia)

Court: U.S. Dist. Ct. D.C.    Docket: 1:10-cv-02250-ESH

Read Summary, Renewed Motion for Class Certification Exhibits (PDF), DOJ Statement of Interest Class Certification (PDF), Reply to Class Cert Opp (PDF), Memorandum Opinion, Class Certification (PDF) Decision, Ct. App. D.C. Cir. (PDF) 

Case Issue: Is D.C. violating the ADA by failing to make available services and support in appropriate, integrated community settings to disabled persons residing in Medicaid-funded nursing facilities, which thereby results in unnecessary institutionalization?

Case Name: Bayada Nurses, Inc. v. Pa. Dep't of Labor and Indus.

Court: Pa. Supreme Ct.    Docket: 67 MAP 2008

Read Summary and AARP's Amicus Brief (PDF) 

Case Result: A third-party agency employer of home health care workers must pay overtime wages under state law.

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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 nearly 20 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.