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Docket: Other

Case Name: Boothby v. California Department of Health Care Serv. (Healthcare/Income)

Court: California Ct. Appeals   Docket: B290534

Filed: 6/25/2018

Read Motion to Enforce (PDF) and Exhibits (PDF)

Result: Settlement agreement entered into by the parties for retroactive pay and attorneys' fees totaling $447,308.00. Approximately 135 dental hygienists will receive 2.7 million in back pay as a result of the trial court's order.


Case Name: Boothby v. California Department of Health Care Serv. (Healthcare/Income)

Court: Superior Ct. State of Cal., County of Los Angeles   Docket: BC627948

AARP Joined Case: 11/3/2017

Read Complaint (PDF), Press Release (PDF), Writ (PDF) and Judgment (PDF)

Case Comment:  Injunction and judgment issued ordering California to reinstate Medicaid provider rates.


Case Name: Charles v. Southern Baptist Hospital

Court: Fla. Supreme Court    Docket: SC2015-2180

Read AARP's Amicus Brief (PDF)

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


Case Name: D.L. v. District of Columbia

Court: U.S. Ct. App. D.C. Cir.  Docket: 16-7076

Decided: 6/23/2017

Read AARP's Amicus Brief (PDF)

Case Result: The Court of Appeals affirmed the District Court's decision in every respect holding that the class definitions met the commonality and typicality requirements and that the injunctive relief requiring the District to meet numerical benchmarks and make programmatic changes was appropriate. 


Case Name: D.L. v. District of Columbia

Court: U.S. Ct. App. D.C. Cir. Docket: 18-7004

Filed: 5/29/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Was the district court's calculation of attorneys' fees owed to the Plaintiffs reversible error, in that the court used the USAO Matrix of fee rates instead of the LSI Matrix and, thus, failed to grant Plaintiffs a reasonable fee recovery?


Case Name: GGNSC Chestnut Hill v. Schrader (Arbitration)

Court: U.S. Ct. App. 1st Cir.   Docket: 18-1779

Filed: 11/14/2018

Read AARP's Amicus Brief 

Case Issue: In Massachusetts, can an arbitration agreement between a nursing facility and a deceased resident be enforced against the resident's next of kin who files a wrongful death suit against the facility?


Case Name: Guardianship of the Estate and Person of Ryan Keith Tonner, (In re)

Court: Tex. Supreme Court   Docket: 07-13-00308

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: Halbig v. Burwell (formerly Sebelius) [Healthcare]

Court: U.S. Ct. App. D.C.    Docket: 14-50118

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Plaintiffs voluntarily dismissed their challenge to the availability of federal tax credits to subsidize health care premiums after the U.S. Supreme Court upheld such subsidies in King v. Burwell.


Case Name: Hart v. Berryhill

Court: U.S. Ct. App. 4th Cir.  Docket: 16-1371

Decided: 6/7/2017

Read AARP's Amicus Brief (PDF)

Case Result: The Treasury Dept. agreed to stop seizing tax refunds to pay off old family debts and issued Emergency Message, EM-17014, to its staff. As a result, approximately 65,000 people are now eligible to recover up to $56 million in refunds. 


Case Name: Husted v. A. Philip Randolph Institute (Healthcare)

Court: U.S. Supreme Court Docket: 16-980

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

Case Result: The Supreme Court reversed an order of the Sixth Circuit striking down Ohio's Supplemental Process for culling voter rolls for ineligible voters on grounds that they have moved or died.


Case Name: Jarman v. HCR Manorcare(Healthcare)

Court: Cal. Supreme Court    Docket: NS241431

Filed: 10/18/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Does Health & Safety Code Section 1430(b) provide up to $500. in statutory damages: (1) for each violation of a resident's rights; or (2) for a single statutory damage of up to $500. in statutory damages for all violations combined?


Case Name: King v. Burwell (Healthcare)

Court: U.S. Supreme Court    Docket: 14-114

Decided: 6/25/2015

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Under the Affordable Care Act individuals may receive federal tax credits to purchase health insurance on an exchange extablished by the federal government.


Case Name: MW & Am. Diabetes Ass'n v. U.S. Dep't of the Army

Court: U.S. Ct. App. 9th Cir.  Docket: 18-15242

Filed:  6/29/2018

Case Issue: Does a large entity engaged in legal advocacy incur an "injury-in-fact"-- required by Article III of the U.S. Constitution to establish "organizational standing"--by virtue of a single contact between the organization's legal advocacy staff and parents complaining about a matter affecting the group's organizational mission?


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)

Read AARP's Amicus Brief  (PDF)

Case Issue: Is there a crime-fraud exception to South Dakota's peer review privilege when the injured parties present evidence that the health care provider engaged in fraud or malice and was not acting to further peer review goals of improving health care?


Case Name: Spokeo v. Robins

Court: U.S. Supreme Court  Docket: 13-1339

Read AARP's Amicus Brief (PDF)

Case Result:  Congress is authorized to enact statutes that create rights and provide for remedies in federal courts, but a plaintiff must prove a concrete and particularized injury in order to have standing to maintain a claim for statutory damages.


Case Name: Stewart v. Azar  (Healthcare)

Court: U.S. Dist. Ct. D.C.    Docket: 1:18-cv-152 

Decided: 6/29/2018

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

Case Result: The district court found that HHS's approval of Kentucky's Medicaid waiver was invalid and sent the waiver application back to the agency. 


Case Name: Taylor v. Extendicare Health Facilities

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

Read AARP's Amicus Brief (PDF)

Case Issue: Does the lower court's consolidation of survival claims and wrongful death claims under the state's wrongful death statute and rule of civil procedure violate the Federal Arbitration Act when the consolidation results in the trial of a claim within the scope of a valid arbitration agreement?


Case Name: Texas v. United States (Healthcare)

Court: U.S. Dist. Ct. ND Tex.    Docket: 4:18-cv-00167

Filed: 6/14/2018

Read AARP's Brief (PDF) and Press Release

Case Issue: Is the ACA unconstitutional and, thereby, unenforceable now that Congress has reduced the tax penalty for noncompliance with the individual mandate to zero?


Case Name: U.S. ex rel. Paradies v. GGNSC Admin. Servs (Healthcare)

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: Weatherford v. City of San Rafael

Court: Cal. Supreme Ct.  Docket: S219567

Decided: 6/5/2017

Read AARP's Amicus Brief (PDF)

Case Result: The California Supreme Court held that state law allowed taxpayers beyond property and business owners to challenge unlawful government policies.  AARP joined three other organizations to support this broader interpretation of the statute.


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