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AARP Foundation Legal Advocacy

Docket: Investor Protection


Case Name: Pension Funds v. Goldman Sachs Group

Court: U.S. Ct. App. 2d Cir.    Docket: 16-250-cv

Filed: 8/24/2016

Read AARP's Amicus Brief (PDF)

Case Issue: In a securities fraud action, can investors rely on an investment management firm's public statements that the firm has extensive procedures to prevent conflicts of interests, or are those statements immaterial "puffery"?

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

Court: N.Y. Ct. App.    Docket: APL-2015-00172

Closed: 6/2/2016

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The court confirmed that New York's Martin Act authorizes disgorgement and rejected the defendants' preemption challenge to a disgorgement remedy. The court also confirmed that a permanent injunction under state antifraud statutes does not require proof of irreparable harm.

Case Name: Merrill Lynch v. Manning

Court: U.S. Supreme Court   Docket: 14-1132

Closed: 5/16/2016

Read Summary AARP's Amicus Brief (PDF)

Case Result:  The decision resolves a split among the circuits regarding the breadth of Section 27 of the Securities Act. The Court ruled that a defrauded securities investor was entitled to sue in state court for state claims.

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

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

Decided: 3/24/2015

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Securities issuers may be liable for statements of opinions in their registration statements if they omit a fact relevant to the opinion and disclosure of the omitted fact, and it is necessary to make the statement not misleading to a reasonable investor.

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: 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.

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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.