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AARP Foundation Legal Advocacy

Docket: Other


Case Name: D.L. v. District of Columbia

Court: U.S. Ct. App. D.C. Cir.  Docket: 16-7076

Filed: 12/8/2016

Read AARP's Amicus Brief (PDF)

Case Issue: 1. Should the Court of Appeals order dismissal because the certification ruling conflicts with WalMart Stores v. Dukes, 564 U.S. 338 (2011), and this court's decision overturning the prior class certification in the case based on lack of commonality? 2. Should the Court of Appeals vacate the liability and relief rulings because the structural injunction entered is contrary to the Individuals with Disabilities Education Act and the rulings are based on legal errors and nonspecific findings that do not support such an injunction and the related declaratory relief?

Case Name: Guardianship of the Estate and Person of Ryan Keith Tonner, (In re)

Court: Tex. Supreme Court   Docket: 07-13-00308

Decided: 12/2/2016

Read AARP's Amicus Brief (PDF)

Case Result: The Supreme Court of Texas affirmed the court of appeals' decision denying the restoration of Petitioner's capacity. The court found that under the provision of Texas law at issue in the case, the lower courts could not determine whether a petitioner's guardian rights should be restricted if the petitioner did not presently have a guardian. Therefore, despite Petitioner Tonner's being without a guardian since 2007, his request could not be reviewed because he did not have a new guardian when he filed.

Case Name: Spokeo v. Robins

Court: U.S. Supreme Court  Docket: 13-1339

Decided: 5/16/2016

Read AARP's Amicus Brief (PDF)

Case Result:  Congress is authorized to enact statutes that create rights and provide for remedies in federal courts, but a plaintiff must prove a concrete and particularized injury in order to have standing to maintain a claim for statutory damages.

Case Name: Taylor v. Extendicare Health Facilities

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

Filed: 2/10/2016

Read AARP's Amicus Brief (PDF)

Case Issue: Does the lower court's consolidation of survival claims and wrongful death claims under the state's wrongful death statute and rule of civil procedure violate the Federal Arbitration Act when the consolidation results in the trial of a claim within the scope of a valid arbitration agreement?

Case Name: Haynes v. Johnson (Mattingly)

Court: U.S. Ct. App. 2d Cir.    Docket: 14-3999

Decided: 10/27/2015

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Commissioner of N.Y. State Office of Children & Family Services had qualified immunity and could not be held personally liable for failure to return child to relative's care after a determination of wrongful removal.

Case Name: D.L. v. District of Columbia

Court: U.S. Ct. App. D.C. Cir.  Docket: 111-7153 & 12-7042

Read Summary AARP's Amicus Brief (PDF)

Case Result: The D.C. Circuit reversed class certification of a class of special needs students for consideration of subclasses because all of the claims were not common to all of the plaintiffs.

Case Name: Astrue v. Ratliff

Court: U.S. Supreme Court  Docket: 08-1322

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Attorney's fees are payable to a litigant, not their attorney; as a result it is permissible for the federal government to seize the money to satisfy a debt the litigant owes the federal government.

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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.