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AARP Foundation Legal Advocacy

Docket: Recent Case Activity (Filed / Decided)

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: 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: 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: 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: IMDb.com 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)

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: Vaughan v. Anderson Reg. Med. Ctr.

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

Filed: 1/16/2017

Read AARP's Amicus Brief  (PDF)

Case Issue: When an employer retaliates against an employee for complaining about age discrimination, can the employee seek damages beyond lost wages, such as compensation for pain and suffering?

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: United Health Servs of Georgia v. Norton

Court: Supreme Court of Georgia Docket: S16G1143

Filed: 1/5/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Is an arbitration agreement that is governed by the Federal Arbitration Act entered into by the decedent enforceable against the decedent's beneficiaries in a wrongful death action?

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?

Case Name: PHH Corp. v. Consumer Financial Protection Bureau (CFPB)

Court: U.S. Ct. App. D.C. Cir.  Docket: 15-1177

Decided: 10/11/2016

Read AARP's Amicus Brief (PDF)

Case Result: The CFPB structure is unconstitutional because a single head of the agency is not removable by the President except "for cause." The "for cause" requirement is therefore struck, such that the President may remove the Director for any reason. All the rules and regulations and decisions of the CFPB are otherwise valid. The interpretation given to RESPA by the Director cannot be applied to PHH until it is notified in advance of the change in interpretation. The statute of limitations for agency enforcement of violations of RESPA is three years.

Case Name: Bank of Am. v. City of Miami; Wells Fargo Co. v. City of Miami

Court: U.S. Supreme Court  Docket: 15-1111 & 15-1112 (consolidated)

Filed: 10/7/2016

Read AARP's Amicus Brief (PDF)

Case Issue: Does the term "aggrieved" in the Fair Housing Act impose a zone-of-interst requirement more stringent than the injury-in-fact requirement of Article III of the Constitution to have standing to sue; and whether the City is an "aggrieved person" under the Fair Housing Act so that it could sue lendees for predatory practices that led to foreclosures and increased costs for the City.

Case Name: Charles v. Southern Baptist Hospital

Court: Fla. Supreme Court    Docket: SC2015-2180

Decided: 10/5/2016

Read AARP's Amicus Brief (PDF)

Case Result: The parties settled the matter before the Florida Supreme Court could render a decision.

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

Court: U.S. Ct. App. 11th Cir.    Docket: 15-10602-U

Decided: 10/5/2016

Read AARP's Amicus Brief  (PDF)

Case Result: In a divided decision, the full Eleventh Circuit ruled that the text of Sec. 4(a)(2) of the ADEA unambiguously forecloses disparate impact claims by applicants alleging age discriminaiton in hiring policies and practices.

Case Name: Torres v. SGE Management  (en banc)

Court: U.S. Ct. App. 5th Cir.  Docket: 14-20128

Decided: 9/30/2016

Read AARP's Amicus Brief (PDF)

Case Result: In an en banc decision, the court affirmed the district court class certification decision, holding that it is not necessary to prove first-party reliance to show that an alleged pyramid scheme violates the Racketeer Influenced Corrupt Organization Act thus individual issues cannot predominate to defeat class certification.

Case Name: Mylan Pharmaceuticals v. Warner Chilcott

Court: U.S. Ct. App. 3d Cir. Docket: 15-2236

Decided: 9/28/2016

Read AARP's Amicus Brief (PDF)

Case Result: Third circuit upholds Eastern District of Pennsylvania's grant of summary judgment in favor of Defendants.

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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 more than 15 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.