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AARP Foundation Legal Advocacy

Docket: Recent Case Activity (Filed / Decided)

Case Name: Santomenno v. Transamerica

Court: U.S. Ct. App. 9th Cir.  Docket: 16-56418

Filed: 4/12/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Under what circumstances is an insurance service provider a fiduciary?

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: McGill v. Citibank

Court: Cal. Supreme Court Docket: S224086

Decided: 4/6/2017

Read Summary, AARP's Amicus Brief (PDF) and Court Decision (PDF)

Case Result: The court held that an arbitration agreement that waives the public's right to injunctive relief is invalid and contrary to public policy.

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: Tussey v. ABB

Court: U.S. Ct. App. 8th Cir.    Docket: 15-2792

Decided: 3/9/2017

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The court remanded the case to the district court to reevaluate its method of calculating the damage award for ABB's breach of fiduciary duty. 

Case Name: Villarreal v. R.J. Reynolds Tobacco

Court: U.S. Supreme Court    Docket: 16-971

Filed: 3/8/2017

Read AARP's Amicus Brief  (PDF)

Case Issue: Should the U.S. Supreme Court decide the question of whether the Age Discrimination In Employment Act (ADEA) allows job applicants to bring disparate impact claims?

Case Name: Scamman v. Shaw's Supermarkets

Court: Maine Supreme Judicial Court

Decided: 3/7/2017

Read AARP's Amicus Brief (PDF) and Press Release

Case Result: The court ruled that disparate impact age discrimination claims brought under the Maine Human Rights Act must be evaluated under the more stringent "business necessity" standard not the lenient "reasonable factor other than age" standard that federal age discrimination disparate impact claims are subject to.

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: Advocate Health Care Network v. Stapleton consolidated with Saint Peter's Healthcare System v. Kaplan and Dignity Health v. Rollins

Court: U.S. Supreme Court   Docket: 16-74, 16-86, 16-258

Filed: 2/23/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Does ERISA's church-plan exemption apply as long as a pension plan is maintained by an otherwise-qualifying church-affiliated organization, or does the exemption apply only if, in addition, a church initially established the plan. 

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: Market Synergy Grp. v. DOL

Court: U.S. Dist. Ct. Kansas    Docket: 5:16-cv-04083-DDC-KGS

Decided: 2/17/2017

Read AARP's Amicus Brief (PDF)

Case Result: The decision rejected all of the challenges to the Department of Labor's conflict of interest regulation, thereby upholding the rule. 

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: Vaughan v. Anderson Reg. Med. Ctr.

Court: U.S. Ct. App. 5th Cir.    Docket: 16-60104

Decided: 2/15/2017

Read AARP's Amicus Brief  (PDF)

Case Result: On rehearing, the court issued a slightly-altered opinion explaining in more detail why it believed the 1977 Fair Labor Standards Act (FLSA) amendments allowing pain and suffering damages in wage and hour retaliation cases had no effect on Age Discrimination in Employment Act (ADEA) cases, even though the ADEA incorporates FLSA's remedies by reference.

Case Name: Fletcher v. Convergex

Court: U.S. Ct. App. 2d Cir.   Docket: 16-734

Decided: 2/10/2017

Read AARP's Amicus Brief (PDF)

Case Result: The second circuit held that the plaintiffs have standing to pursue a financial loss to their defined benefit plan.

Case Name: Chamber of Commerce v. DOL and Perez

Court: U.S. Dist. Ct. ND Tex.  Docket: 16-1476, 16-1530, 16-1537 consolidated

Decided: 2/9/2017

Read Summary and AARP's Memorandum (PDF)

Case Result: The decision rejected all of the challenges to the Department of Labor's conflict of interest regulation, thereby upholding the rule.

Case Name: Freeman v. Rahn

Court: Md. Fed. Dist. Ct. N. Div.  Docket: G15-cv-00149

Court Approved Settlement: 2/3/2017

Read Summary and Settlement

Case Result: AFL favorably settled claims that the Maryland Transit Authority paratransit eligibility and telephone reservation systems violated the ADA.

Case Name: Kleber v. CareFusion

Court: U.S. Ct. App. 7th Cir. Docket: 17-1206

Filed: 2/1/2017

Case Issue: Does the Age Discrimination in Employment Act (ADEA) allow job applicants to challenge hiring practices (here a "maximum years of experience" requirement) that unreasonably screens out older applicants without expressly disfavoring them based on their age.

Case Name: v. Becerra

Court: U.S. Dist Ct. ND Cal.    Docket: 16-cv-06536-VC

Filed: 1/25/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Is California law mandating that entertainment employment service providers remove age data within five days of an entertainment worker's request constitutional? 

Case Name: EEOC v. Flambeau

Court: U.S. Ct. App. 7th Cir.   Docket: 16-1402

Decided: 1/25/2017

Read AARP's Amicus Brief (PDF)

Case Result: The court found that it could not decide the merits of the case because the company no longer required employees to participate in its wellness program to secure health insurance.

Case Name: Impression Products v. Lexmark International

Court: U.S. Supreme Ct.  Docket: 15-1189

Filed: 1/23/2017

Read AARP's Amicus Brief (PDF) and Article

Case Issue: Can a business that owns a patent restrict the use or resale of its products, after the product has been sold?

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: Kleber v. CareFusion

Court: U.S. Dist. Ct. ND Ill.  Docket: 15-cv-01994

Stipulation of Dismissal Filed: 01/10/2017

Read Complaint (PDF)

Case Result: AFL settled Mr.Kleber's disparate treatment claim and will now appeal CareFusion's refusal to consider his job application because he was "overqualified" - i.e., had more experience than the seven-year limit stated in the job notice - as a violation of the Age Discrimination in Employment Act by excluding older workers without a reasonable justification.

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: Tibble v. Edison International

Court: U.S. Ct. App. 9th Cir.    Docket: 10-56406, 10-56415

Decided: 12/16/2016

Read AARP's Amicus Brief (PDF)

Case Result: Workers will have another chance to hold Edison plan fiduciaries liable for allegedly excessive fees.

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: 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: 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: Nat'l Ass'n for Fixed Annunities v. Perez

Court: U.S. Dist. Ct. D.C.  Docket: 1:16-1035  

Decided: 11/4/2016

Read Summary and AARP's Memorandum (PDF)

Case Result: The decision rejected all of the challenges to the Department of Labor's conflict of interest regulation, thereby upholding the rule.

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: 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: AARP v. EEOC

Court: U.S. Dist. Ct. D.C.   Docket: 16-2113

Filed: 10/24/2016

Read Press Release      Complaint (PDF)

Case Issue: Can the Equal Employment Opportunity Commission (EEOC) allow employers to penalize employees thousands of dollars for refusing to provide sensitive medical and genetic information through employee wellness programs?

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: Russell v. Phillips 66

Court: U.S. Ct. App. 10th Cir. Docket: 16-5063

Filed: 10/14/2016

Read AARP's Amicus Brief (PDF)

Case Issue: When an employee has worked at a company for 20 years doing many different jobs, and he has a flare-up of clinical depression that makes him unable to work at his current position, can the employer fire him instead of helping him look for a different job within the company as a reasonable accommodation under the Americans with Disabilities Act?

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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.