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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: Chadbourne & Parke LLP v. Troice

Court: U.S. Supreme Court    Docket: 12-79, 12-86, 12-88

Read Summary and AARP's Amicus Brief (PDF)

Case Issue:  Do either the federal Securities Litigation Uniform Standards Act (SLUSA) or the Private Securities Litigation Reform Act (PSLRA) preclude or preempt private remedies under state law for alleged fraudulent acts involving securities not covered under either federal act?

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: Financial Industry Regulatory Authority (In re Matter of Department of Enforcement) v. Charles Schwab

Court: FINRA Nat. Adjudicatory Council    Docket: 2011029760201

Read Summary AARP's Amicus Brief (PDF)

Case Issue:  Can the disciplinary proceeding brought by FINRA's Department of Enforcement against a member broker-dealer seeking to enforce FINRA's prohibition of mandatory class action waivers in customer agreements proceed in light of the Federal Arbitration Act?

Case Name: Halliburton v. Erica P. John Fund

Court: U.S. Supreme Court   Docket: 13-317

Read AARP's Amicus Brief (PDF)

Case Result: Securities class action defendant may rebut the fraud-on-the-market presumption of reliance before class certification stage by showing a lack of price impact.

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: Joseph, Colo. Securities Comm'n v. HEI Resources

Court: Colo. Ct. App.    Docket: 2013 CA 2090

Read  AARP's Amicus Brief (PDF)

Case Issue:  Does the state Securities Act apply to the sale of partnership units in oil and gas exploration ventures?

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: Omnicare v. Laborers Dist. Council Constr. Indus.Pension Fund

Court: U.S. Supreme Court    Docket: 13-435

Read AARP's Amicus Brief (PDF)

Case Issue: Can corporations be liable for deception by including misleading statements of opinions in the company's Securities Registration Statements, whether or not the statement of opinion is subjectively false?

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

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

Read Summary and AARP's Amicus Brief (PDF)

Case Result: AG allowed to seek equitable/injunctive relief against two former corporate officers for their roles in alleged fraudulent activity.

Case Name: Public Employees' Pension System of Mississippi v. IndyMac

Court: U.S. Supreme Court    Docket: 13-640

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Because the underlying case settled prior to oral argument, case dismissed on the ground that certiorari was improvidently granted.

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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.