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AARP Foundation Legal Advocacy

Docket: Health

    

Case Name: Goodwin v. Fla. Dep't of Children and Families

Court: U.S. Supreme Court    Docket: 16-1083

Filed: 4/10/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Must a state's Medicaid program deduct the medical debts that a beneficiary has incurred before becoming eligible for Medicaid from the calculation of what the beneficiary must pay for her own cost of care in a nursing facility?

Case Name: Keller v. Life Care Centers of America

Court: Cir Ct. for Green County, Tenn.    Docket: 14-cv-500

Decided: 3/22/2017

Read Complaint (PDF)

Case Result: The matter was settled to the client's satisfaction. 

Case Name: United Health Servs of Georgia v. Norton

Court: Supreme Court of Georgia Docket: S16G1143

Decided: 3/6/2017

Read AARP's Amicus Brief (PDF)

Case Result: The court held that an arbitration agreement between a deceased nursing facility resident and the facility binds the decedent's wrongful death beneficiaries.

Case Name: Amgen v. Sanofi

Court: U.S. Ct. App. Fed. Cir.  Docket: 17-1480

Filed: 2/23/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Can the sale of a life-saving drug be enjoined due to patent infringement?

Case Name: Sandoz v. Amgen

Court: U.S. Supreme Court   Docket: 15-1039

Filed: 2/17/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Does the Biologics Price Competition and Innovation Act grant an additional 180 days of market exclusivity to biologic drug manufacturers, in addition to the 12 years already granted to them in the statute? 

Case Name: Kindred Nursing Ctrs v. Clark

Court: U.S. Supreme Court    Docket: 16-32  

Filed: 1/13/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Does the Federal Arbitration Act preempt a state rule requiring power of attorney documents to specify whether an agent has the authority to waive fundamental rights on behalf of a nursing facility resident? 

Case Name: Darling v. Douglas

Court: U.S. Dist. Ct. ND Cal.  Docket: #c 09-03798

Settled: 12/22/2016

Read Injunction 1 Summary, Injunction 2 Summary, Settlement Summary

Case Result: California successfully implemented the settlement agreement by providing needed community-based services thereby preventing the unnecessary institutionalization of tens of thousands of Medicaid recipients.

Case Name: T.H. v. Novartis Pharmaceuticals

Court: Supreme Ct. of Cal.    Docket: S233898

Filed: 12/7/2016

Read AARP's Amicus Brief (PDF)

Case Issue: Could former manufacturers of name-brand drugs be liable under California law for the foreseeable consequences of their failure to update the drug's label to warn consumers of known risks when they had a duty to update the label but chose not to do so?

Case Name: McFarren v. Emeritus at Canton

Court: Supreme Court of Ohio   Docket: 2016-0982

Decided: 10/26/2016

Read AARP's Amicus Brief (PDF)

Case Result: Supreme Court of Ohio declined to review a case affecting the ability of nursing home residents to prove neglect.

Case Name: Novotny v. Sacred Heart Health Services

Court: S.D. Supreme Court    Docket: 27615 (CIV 14-235), 27626 (CIV 15-167), 27631 (CIV 15-167)

Decided: 10/26/2016

Read Summary and AARP's Amicus Brief  (PDF)

Case Result: The South Dakota Supreme Court reversed the trial court's finding and declined to recognize a crime-fraud exception to South Dakota's peer review privilege statute even in circumstances where it appears that the peer review committee engaged in fraud.

Case Name: U.S. ex rel. Paradies v. GGNSC Admin. Servs

Court: U.S. Ct. App. 11th Cir.   Docket: 16-13004

Filed: 10/17/2016

Read AARP's Amicus Brief (PDF)

Case Issue: Can the government establish Medicare fraud by a hospice provider by retroactively showing that medical experts differ on whether a person's life expectancy will exceed six months?

Case Name: Charles v. Southern Baptist Hospital

Court: Fla. Supreme Court    Docket: SC2015-2180

Decided: 10/5/2016

Read AARP's Amicus Brief (PDF)

Case Result: The parties settled the matter before the Florida Supreme Court could render a decision.  

Case Name: Taylor v. Extendicare Health Facilities

Court: Supreme Ct. of Pa.   Docket: 19 WAP 2015

Decided: 9/28/2016

Read AARP's Amicus Brief (PDF)

Case Result: The Pennsylvania Supreme Court concluded the Federal Arbitration Act preempts the application of Rule 213 e - which permitted an arbitrable survival claim and non-arbitrable wrongful death claim to be consolidated for trial - and requires arbitation of the survival claim against the nursing facility. The court reversed and remanded for further proceedings, noting that the plaintiffs may have an opportunity to raise arguments regarding the enforceability and validity of the arbitration agreement on remand.

Case Name: Mylan Pharmaceuticals v. Warner Chilcott

Court: U.S. Ct. App. 3d Cir. Docket: 15-2236

Decided: 9/28/2016

Read AARP's Amicus Brief (PDF)

Case Result: Third circuit upholds Eastern District of Pennsylvania's grant of summary judgment in favor of Defendants.

Case Name: Pierce v. Genesis Healthcare

Court: Superior Ct. of Delaware    Docket: S16C-09-002

Filed: 9/2/2016

Read Summary and Complaint (PDF)

Case Issue: Can nursing facilities administer psychotropic drugs to elderly people with dementia without informed consent or medical justification?

Case Name: Cottrell v. Alcon Labs

Court: U.S. Ct. App. 3d Cir.     Docket:  16-2015

Filed: 8/1/2016

Read AARP's Amicus Brief (PDF)

Case Issue:  Do glaucoma patients who use prescription eye drops have standing to sue pharmaceutical manufacturers for allegedly causing them economic injury by using packaging that dispenses eye drops that are too large, such that it overflows their eyes and is unavoidably wasted, in violation of state law that prohibits unfair practices. More specifically, can plaintiffs allege economic injury of paying for medication that is unavoidably wasted because the droppers deliver drops that are too large, such that they overflow the eye, where the manufacturer has discretion to set the price of the medication, state an injury in fact for purpose of Artilce III standing.

Case Name: Sergeants Benevolent Ass'n Health and Welfare Fund v. Sanofi-Aventis

Court: U.S. Supreme Court   Docket: 15-1525

Filed: 7/21/2016

Read AARP's Amicus Brief (PDF) 

Case Issue: Where purchasers allege that a manufacturer misrepresented a drug's safety to prescribing doctors to increase sales, does the presence of the doctor break the causal chain - for the purposes of RICO causation - between the misrepresentation and and purchasers' economic injuries?

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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 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.