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The AARP Foundation Litigation Update, our quarterly email newsletter, provides information about our current activities and cases.

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AARP Foundation Legal Advocacy

Docket: Investor Protection

    

Case Name: Amgen v. Conn. Ret. Plans and Trust Funds

Court: U.S. Supreme Court    Docket: 011-1085

Read Summary and AARP's Amicus Brief (PDF)

Case Result: In a securities fraud class action where plaintiffs plead materiality, they need not establish materiality of alleged misstatements to invoke the fraud-on-the-market theory in support of class certification.

Case Name: Erica P. John Fund, Inc. v. Halliburton Co.

Court: U.S. Supreme Court    Docket: 09-1403

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Securities fraud plaintiffs need not prove loss causation to obtain class certification.

Case Name: Janus Capital Group v. First Derivative Traders

Court: U.S. Supreme Court  Docket: 09-525

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Because mutual fund investment adviser did not make the false statements included in the mutual fund prospectuses of its clients, it cannot be held liable in a private action under SEC Rule 10B-5, which prohibits "making any untrue statement of fact" in connection with the purchase or sale of securities, for its role in preparing those prospectuses.

Case Name: Jones v. Harris Associates

Court: U.S. Supreme Court    Docket: 08-586

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Court adopts a totality of circumstances test (per Garteberg) to assess whether fees charged to retail mutual fund clients by investment advisors were reasonable.

Case Name: Matrixx Initiatives, Inc. v. Siracusano

Court: U.S. Supreme Court   Docket: 09-1156

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  In order to plead sufficiently a securities fraud case involving issuer's omissions to disclose adverse consumer incidents involving the issuer's pharmaceutical product, the number of incidents needs not be statistically significant.

Case Name: Merck & Co. v. Reynolds

Court: U.S. Supreme Court   Docket: 08-905

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  In civil actions for securities fraud, the statute of limitations begins to run once the plaintiff actually discovered or a reasonable diligent plaintiff would have discovered the facts constituting the violation, whichever comes first.

Case Name: People of the State of New York v. Greenberg

Court: N.Y. Ct. App.    Docket: 401720/05

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Do states retain authority to police fraud in securities transactions or is the state's authority preempted by federal securities law?

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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.

About
Foundation Litigation

AARP Foundation Litigation (AFL) is an advocate in courts nationwide for the rights of people 50 and older, addressing diverse legal issues that affect their daily lives and assuring that they have a voice in the judicial system. Learn more about our litigation teams.