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AARP Foundation Legal Advocacy

Docket: Health


Case Name: Berg v. Sebelius

Court: U.S. Supreme Court   Docket: 13-859

Read AARP's Amicus Brief (PDF)

Case Issue: The ninth circuit's opinion conferring judicial deference on the Medicare coverage manual will remain in effect.

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: Licata v. GGNSC Malden Dexter

Court: Mass. App. Ct.    Docket: 2012-P-1251

Read Summary AARP's Amicus Brief (PDF)

Case Result: A health care agent's decision to enter into an arbitration agreement is not a health care decision as that term is defined under state law and; therefore, an agreement to arbitrate does not bind the nursing facility resident where the agreement was entered into solely by a health care agent.

Case Name: Haro v. Sebelius

Court: U.S. Ct. App. 9th Cir.    Docket: 11-16606

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Medicare beneficiaries' appeals must be adequately presented at the administrative level before they can be challenged in court.

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 Result: The Ohio Supreme Court dismissed this challenge to the Medicaid expansion, ruling that the expansion was approved according to the rules that were set by the state legislature. In the court's opinion, its involvement would have been an inapproriate intrusion into political issues.

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: FTC v. Actavis (formerly FTC v. Watson)

Court: U.S. Supreme Court     Docket: 12-416

Read Summary AARP's Amicus Brief (PDF)

Case Result: "Pay for delay" agreements in pharmaceutical patent litigation are subject to federal anti-trust laws.

Case Name: Corenbaum v. Lampkin

Court: Cal. Ct. App, 2d App. Dist.  Docket: B236227 & B237871

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Jury is prevented from hearing evidence about the total amount of a tort victim's medical bills and instead can only base their damage determinations on the amount of money that the plaintiff's insurance company paid for that care.

Case Name: Johnson v. Kindred Healthcare

Court: Mass. App. Ct.    Docket: 2012-P-1403

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Can a nursing facility enforce a pre-dispute arbitration clause against a family member suing for wrongful death when the family member signed admission agreement pursuant to statutory authority as health care proxy?

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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.