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Docket: Consumer Litigation

Case Name: ACA Int'l v. FCC

Court: U.S. Ct. App. D.C. Cir.  Docket: 15-1211

Decided: 3/16/2018

Read AARP's Amicus Brief (PDF)

Case Result: Affirmed the Commission's ruling permitting consumer revocation of consent by any reasonable means clearly expressing a desire to receive no further calls. Also affirmed the exemption for time-sensitive health care related calls. 

Reversed, as too broad, the Commission's attemtp to clarify what equipment falls within the TCPA restrictions. Reversed the "One wrong call" safe harbor for reassigned phone numbers, finding it was arbitrary and capricious.

Case Name: Association for Accessible Medicines v. Becerra

Court: U.S. Ct. App. 9th Cir.  Docket: 20-15014

Filed: 3/5/2020

Read AARP's Amicus Brief  (PDF)

Case Issue:  Did the district court abuse its discretion when it denied the Association of Accessible Medicine’s request to stop the State of California from enforcing its pay-for-delay law while the case is litigated?

Case Name: Ass'n for Accessible Medicines v. Frosh

Court: U.S. Ct. App. 4th Cir. Docket: 17-2166

Decided: 4/13/2018

Read Amicus Brief (PDF), Article and Opinion (PDF)

Case Result: A panel of three judges for the U.S. Court of Appeals for the Fourth Circuit held that Maryland's price gouging law violates the dormant commerce clause because it directly regulates the price of transactions that occur outside Maryland. Because the court decided the case on the dormant commerce clause claim it did not address whether the statute was also void for vagueness. The State of Maryland filed a petition for rehearing en banc on April 27, 2018.

Case Name: Bright v. Brookdale Senior Living

Court: U.S. Dist. Ct. EMD Tenn  Docket: 19-cv-00374

Read Complaint (PDF) 

Case Issue:  Did Brookdale deceive class members in violation of state consumer protection statutes when it promised to provide care based on residents' assessed care needs but, in reality, provided care based on pre-determined profit goals set by the company's headquarters?

Case Name: Brookdale Senior Living  v. Weir

Court: U.S. Dist. Ct. WD North Carolina Docket: 20-00293

Filed: 5/26/2020

Read Complaint (PDF)

Case Issue: Does the arbitration agreement signed by Jean Howard, a former resident of a Brookdale Senior Living facility, allow for class-wide arbitration? And does the agreement require this question to be decided by an arbitrator, instead of a judge?

Case Name: Chancellor Senior Management v. McGraw

Court: West Virginia Supreme Court of Appeals Docket: 20-0794

Filed: 11/6/2020 

Case Issue: Did the lower court err in denying Chancellor's Motion to Compel Arbitration? Are arbitration provisions incorporated into the residency agreement of an assisted living facility resident enforceable despite their noncompliance with the AHLA rules designated to govern them?.


Case: Charter Advanced Services v. Lange

Court: U.S. Ct. App. 8th Cir.  Docket: 17-2290

Read AARP's Amicus Brief (PDF) and Opinion (PDF)

Case Result: The panel affirmed, 2 to 1, the district court decision holding that the Voice over Internet Protocol (VoIP) is an "Information Service" pursuant to the Telecommunications Act of 1996, such that state regulation is preempted.

Case Name: Commonwealth of Pa. v. Golden Gate Nat. Senior Care

Court: Pa. Supreme Court Docket: 16 MAP 2017

Decided: 9/25/2018

Read AARP's Amicus Brief (PDF) and Decision (PDF)

Case Result: The Pennsylvania Supreme Court reversed the judgment of the Commonwealth Court, which dismissed in its entirety the Commonwealth of Pennsylvania’s claims against 36 nursing homes and their parent companies under the state’s unfair deceptive trade practices and consumer protection law.  The Pennsylvania Supreme Court held that: (1) the Commonwealth is a “person in interest” under the consumer protection statute who could sue for restoration of Medicaid public funds that it paid for services whose quality and type were misrepresented by Defendants; (2) the alleged fraudulent statements Defendants made in marketing materials were not puffery as a matter of law; and (3) statements about services in bills, care plans, and resident assessments were actionable under the consumer protection statute.  The Court affirmed the dismissal of the unjust enrichment claims because the complaint did not contain sufficient facts to plead the necessary piercing of the corporate veil.  The Commonwealth can now proceed to discovery and litigate the claims against the nursing homes.


Case Name: Dolin v. GlaxoSmithKline 

Court: U.S. Ct. App. 7th Cir.   Docket: 17-3030

Decided:  8/22/2018

Read AARP's Amicus Brief (PDF)  and Decision (PDF)

Case Result:  The Seventh Circuit reversed the district court’s decision holding GlaxoSmithKline (GSK) accountable for injuries caused by taking the generic version of its drug. The court held that although GSK manufactured the brand name drug and was responsible for the label’s contents under federal law, the Food and Drug Administration would not let the company include a warning that the use of the drug had an increased risk of suicide for adults older than 24. Thus, the company could not be liable under a theory that it negligently failed to warn of known risks.

Case Name: Frosh v. Association for Accessible Medicines

Court: U.S. Supreme Court  Docket: 18-546

Decided: 2/19/2019

Read AARP's Amicus Brief (PDF)

Case Result: The Supreme Court declined to review the Fourth Circuit Court of Appeals' decision that Maryland's price gouging law violates the dormant commerce clause because it directly regulates the price of transactions that occur outside Maryland.

Case Name: FTC v. Abbvie

Court: U.S. Ct. App. 3d Cir.   Docket: 18-2621, 18-2748, 18-2758

Decided: 9/30/2020

Read AARP's Amicus Brief (PDF) and Opinion (PDF)

Case Result: The FTC had obtained a ruling in federal district court that two pharmaceutical companies had committed antitrust violations under the FTC Act by taking action to delay the market entry of a lower-priced generic drug.  The court had awarded consumer redress of $448 million based on FTC’s claimed authority to seek monetary redress when bringing permanent injunction actions, a position that had been upheld by the vast majority of courts over three decades.  A three-judge panel ruled that Congress had not expressly or impliedly granted that authority to the FTC in the statute creating that permanent injunction authority (15 U.S.C. 57b(b)).

Case Name: FTC v. Quincy Bioscience Holding Co.

Court: U.S. Ct. App. 2d Cir.   Docket: 17-3745

Read AARP's Amicus Brief (PDF)

Case Result: The appellate court reversed the dismissal of the claims that Prevagen is deceptively advertised.

Case Name: Gish (Matter of the Estate) v. Wells Fargo Bank

Court: New Mexico State Ct., Santa Fe Cty.  Docket: D-101-PB-2015-00006

Read Amended Complaint (PDF) Answer to Amended Complaint (PDF) First Amended Counterclaim (PDF)

Case Issue: Did Wells Fargo violate state and federal law when it originated a reverse mortgage loan that cost a borrower more than the loan for which the applicant applied and was approved; did Wells Fargo have standing to foreclose on the loan?

Case Name: Gunza v. Brookdale Senior Living

Court: U.S. Dist. Ct. MD Tenn. Docket: 20-00353

Filed: 4.24/2020

Read Complaint (PDF)

Case Issue: Did Brookdale deceive class members in violation of state consumer protection statutes when it promised to provide care based on residents' assessed care needs but, in reality, provided care based on pre-determined profit goals set by the company's headquarters?

Case Name: Hall v. Minnesota

Court: Minn. Supreme Court    Docket: A16-0874

Read AARP's Amicus Brief (PDF) and Decision

Case Result: The Supreme Court of Minnesota held that unclaimed interest-bearing property transferred to the State under the Minnesota Unclaimed Property Act effects an unconstitutional taking if the State does not compensate the property owner for any lost interest. The court rejected a takings challenge absent the property's earning of interest prior to the transfer and found the notice sufficient to provide due process. 

Case Name: Impax Laboratories v. FTC

Court: U.S. Ct. App. 5th Cir. Docket: 19-60394

Filed: 12/16/2019

Read AARP's Amicus Brief (PDF)  

Case Issue: Did the Federal Trade Commission properly determine that a company violated federal antitrust law when, as part of a patent litigation settlement, it accepted payment from a brand name drug company to delay entering its less expensive generic drug into the market?


Case Name: Kindred Nursing Ctrs v. Clark

Court: U.S. Supreme Court    Docket: 16-32  

Decided: 5/15/2017

Read AARP's Amicus Brief (PDF)

Case Result: The U.S. Supreme Court invalidated Kentucky Supreme Court rule requiring power of attorney (PoA) documents to specifically grant PoAs the authority to consent to arbitration. 

Case Name: Knick v. Township of Scott

Court: U.S. Supreme Court    Docket: 17-647

Read AARP's Amicus Brief (PDF) and Decision (PDF)

Case Issue: Should the U.S. Supreme Court reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank that requires property owners to exhaust state court remedies to ripen federal takings claims?

Case Name:  Maddox v. Bank of New York Mellon Trust

Court: U.S. Ct. App. 2d Cir.   Docket: 19-1774

Filed: 2/26/2020

Read Amicus Brief (PDF)  

Case Issue: Can a borrower seek damages in federal court for a mortgage laender's violation of state law?

Case Name: McGraw v. Chancellor Senior Management, LTD

Court: Circuit Ct., Raleigh County, WV   Docket: 16-C-698

Read Complaint (PDF)

Case Issue: Are Chancellor's practices of marketing certain levels of services, assessing care needs at admission, and charging fees based on those needs; but then, failing to have sufficient staff to actually meet those needs unfair or deceptive acts or practices under West Virginia's consumer protection statute?

Case Name:  Ohio v. Energy Harbor Corp.

Court: Ohio Court of Common Pleas Docket: 20 CV 07386

Decided: 12/21/2020

Read AARP Amicus Brief (PDF) 

Case Result: On December 21, 2020, the Ohio Court of Common Pleas (Franklin County) issued a preliminary injunction halting the payment of 2020 nuclear subsidies by Ohio electricity rate payers, pending resolution of an underlying complaint by Ohio AG for an order permanently enjoining payment of all such subsidies over the next years, totaling over $1 billion.

Case Name: Oil States Energy Serv. v. Greene's Energy Group

Court: U.S. Supreme Court   Docket: 16-712

Decided: 4/24/2018

Read AARP's Amicus Brief (PDF) and Decision (PDF)

Case Result:  The Court upheld the constitutionality of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board. 

Case Name: PHH v. CFPB

Court: U.S. Ct. App. D.C. Cir. Docket: 15-1177 (en banc)

Read AARP's Amicus Brief (PDF) and Decision (PDF)

Case Result: The structure of the CFPB, with a single director appointed to a five year term, who can be removed by the President only for cause, is not unconstitutional. 

Case Name: Rafaeli v. Oakland County, Mich.

Court: Michigan Supreme Court Docket: 156849

Decided: 7/17/2020

Read AARP's Amicus Brief (PDF)  and Opinion (PDF)

Care Issue: Does a local government violate the federal and state takings clauses by retaining proceeds from the sale of tax-foreclosed property, where the sale yields a windfall surplus over the amount of the tax delinquency?

Case Result: Reversed decision of intermediate Michigan appellate court dismissing plaintiffs' state constitutional claims. 

Case Name:  Runton v. Brookdale Senior Living

Court: U.S. Dist. Ct. SD Fla.    Docket: 17-cv-60664-CMA

Read Complaint (PDF)

Case Result: Withdrew from the case following the death of client.

Case Name: Sandoz v. Amgen

Court: U.S. Supreme Court   Docket: 15-1039

Decided: 6/5/2017 

Read AARP's Amicus Brief (PDF) and Article

Case Result: Consistent with our brief, a unanimous court held that under the Biologics Price Competition and Innovation Act of 2009 (BPCIA), a generic biosimilar applicant may provide notice of commercial marketing prior to obtaining licensure from the FDA. Amgen argued that such marketing resulted in extended exclusivity for its monopoly power. The court's decision speeds up the time for generic biosimilars to enter the market, to the benefit of consumers. The court also held that the BPCIA is not enforceable by injunction under federal law, an issue that we did not address.

Case Name: Shakespeare v. Live Well Financial (consumer)

Court: U.S. Dist. Ct. ED N.Y.   Docket: 18-7299

Filed: 12/21/2018

Read Complaint (PDF) and Press Release (PDF) Press Release (Spanish)

Issue: Did Live Well Financial and Celink violate reverse mortgage contracts and applicable law by prepaying property taxes of older homeowners without legal authority and without notice, and then wrongfully demanding repayment out of personal funds?

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: WVMF Funding v. Palmero

Court: Supreme Court of Florida Docket: SC19-1920

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.

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