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On the Docket: Consumer Protection

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: 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)

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: Bright v. Brookdale Senior Living

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

Read Complaint (PDF) and Article

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) and Article

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 Name: City of Oakland v. Wells Fargo

Court: U.S. Ct. App. 9th Cir. Docket: 19-15169

Decided: 8/26/2020

Read AARP's Amicus Brief (PDF)

Case Result: The court held that Congress clearly intended the Fair Housing Act (FHA) to be broad enough to encompass aggregate, city-wide injuries such as a decrease in property taxes that Oakland claimed it suffered as a result of Wells Fargo’s unlawful racially discriminatory lending practices throughout the City. The court also held that to bring declaratory and injunctive relief the City would have to allege that the bank’s ongoing bad acts were the proximate cause of its injuries.

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: GGNSC Louisville Hillcrest v. Bramer

Court: U.S. Ct. App. 6th Cir.  Docket: 18-6059

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

Case Result: The sixth circuit affirmed the lower court's decision. It held that a nursing facility could not use an arbitration agreement from a prior admission to compel arbitration against a resident who declined to sign a new arbitration agreement for a subsequent admission. 

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: Impax Laboratories v. FTC

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

Decided: 4/13/2021

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

Case Result: The Fifth Circuit denied Impax Laboratories’s petition for review and upheld the Federal Trade Commission’s ruling that the company violated antitrust laws when it accepted $100 million worth of payments to delay the entry of its generic drug for more than two years. 


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

Decided: 11/17/2021

Read Amicus Brief (PDF) Decision (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: Merck v. HHS (Healthcare/Consumer)

Court: U.S. Ct. App. D.C. Cir. Docket: 18-882

Read Amicus Brief (PDF) and Opinion (PDF)

Decided: 6/16/2020

Case Issue: Does HHS have the statutory authority to promulgate a rule requiring pharmaceutical companies to disclose the list prices of certain drugs to consumers in the companies' television advertisements?

Case Result: Although the specific regulation at issue was overturned as overbroad, the Court “emphasized that nothing in this opinion holds that the Secretary is categorically foreclosed from regulating pharmaceutical advertisements.” 

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:  Opiotennione v. Bozzuto Management Co. 

Court: U.S. Dist. Ct. Maryland Docket: 20-1956 Decided: 7/20/2021

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

Case Result: The Court held that Plaintiff did not have standing to assert her claims and dismissed the case.

Court: U.S. Ct. App. 4th Cir. Docket: 21-1919 Filed: 12/17/2021

Read AARP Amicus Brief (PDF)


Case Name: Posey v. Northport Health Services of Arkansas

Court: U.S. Ct. App. 8th Cir.  Docket: 18-2459

Read Amicus Brief (PDF) and Decision (PDF)

Case Result: The eighth circuit reversed the lower court's decision. It held that no valid arbitration agreement exists when the person who signed the agreement lacked the legal authority to waive the resident's right to a jury trial. 


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: Shakespeare v. Live Well Financial (consumer)

Court: U.S. Dist. Ct. ED N.Y.  (U.S. Ct. App. Second Circuit)  Docket: 18-7299 (20-3533)

Filed in District Court: 12/21/2018   Decision in Appellate Court: 5/26/2021

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

Decision in U.S. Ct. App. 2d Cir. (PDF)

Issue in the U.S. District Court ED N.Y.: 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 Result from the U.S. Ct. App. Second Circuit: The Second Circuit reversed the district court’s dismissal of the claims against Celink and remanded the case to the district for further proceedings. The court also affirmed the dismissal of the claims against Reverse Mortgage Funding, LLC.

Case Name: Guillermo Tabraue, Esq. (Estate of Suyima Torres) v. Doctors Hospital

Court: Supreme Court of Florida Docket: SC19-685

Filed: 11/4/2019

Read AARP's Amicus Brief (PDF)  

Case Issue: Can hospitals be held legally accountable for negligent care by emergency department physicians who are contractors and not employees? 

Case Name: Wicks  v. Antelope Valley Healthcare District

Court: Supreme Court of Cal. Docket: S262977

Read AARP Brief (PDF)

Decided: 9/14/2020

Case Result: The California Supreme Court declined to review the issue of whether or not a boilerplate emergency room form provides meaningful notice to patients that the hospital will not be liable for its emergency room physicians’ negligence. 

Case Name: Wilmington Savings Fund v. Castillo

Read Counterclaim ESP (PDF), Counterclaim ENG (PDF), Prensa ESP (PDF), Press Release ENG, and Article ESP, Article ENG

Case Result: The case was settled to both parties' satisfaction and Mrs. Castillo will remain in her home. 

Case Name: WVMF Funding v. Palmero

Court: Florida Supreme Court Docket: SC19-1920

Decided: 6/24/2021

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

Case Issue: Is a widowed spouse of homeowner, with a reverse mortgage on their marital home, protected from foreclosure because she is a “surviving borrower” of a federally insured Home Equity Conversion Mortgage that protects either spouse from being forced to sell the home to repay the loan while at least one of them continues to live in the property?

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