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AARP Foundation Legal Advocacy

Docket: Recent Case Activity (Filed / Decided)

Case Name: Taylor v. Extendicare Health Facilities

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

Decided: 9/28/2016

Read AARP's Amicus Brief (PDF)

Case Result: The Pennsylvania Supreme Court concluded the Federal Arbitration Act preempts the application of Rule 213 e - which permitted an arbitrable survival claim and non-arbitrable wrongful death claim to be consolidated for trial - and requires arbitation of the survival claim against the nursing facility. The court reversed and remanded for further proceedings, noting that the plaintiffs may have an opportunity to raise arguments regarding the enforceability and validity of the arbitration agreement on remand.

Case Name: Whitley v. BP Oil

Court: U.S. Ct. App. 5th Cir.     Docket: 15-20282

Decided: 9/26/2016

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The fifth circuit held that, because the actions that employees alleged that BP executives could have taken - disclosing the inside information and freezing trades of BP stock - were not adequate alternatives to continuing to hold the BP stock in question after the Deepwater Horizon oil spill cuased BP's stock price to drop, the complaint should be dismissed.

Case Name: American Ins. Ass'n v. U.S. Dep't of Housing and Urban Dev.

Court: U.S. Dist Ct. D.C.  Docket: 13-cv-00966-RJL

Filed: 9/13/2016

Read AARP's Amicus Brief (PDF)

Case Issue: Does HUD's final rule, "Implementation of the Fair Housing Act's Discriminatory Effects Standard," violate the Fair Housing Act (FHA) because it allows plaintiffs (1) to show disparate impact only by demonstrating a statistical disparity and (2) displace challenged policy choices without showing theirs are at least as effective? Does the FHA preclude the application of the Rule to homeowner insurers specifically because (1) the Rule "pervasively injects" race into what was a previously "race-blind" process and (2) insurance law requirements break the causal chainbetween the alleged discriminatory acts and the injury claimed by plaintiffs?

Case Name: Pierce v. Genesis Healthcare

Court: Superior Ct. of Delaware    Docket: S16C-09-002

Filed: 9/2/2016

Read Summary and Complaint (PDF)

Case Issue: Can nursing facilities administer psychotropic drugs to elderly people with dementia without informed consent or medical justification?

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Search Legal Advocacy

Find
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.