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Amicus Cases

Attorney Drafting Amicus Brief

Case Name: Laboratory Corporation of America Holdings, d/b/a LabCorp, v. Luke Davis et al.

Court: Supreme Court of the United States

Docket: Case No. 24-304

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

Decided: April 7, 2025

Case Issues: May a federal court certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury?

 

Case Name: Eleanor McGinn v. Broadmead, INC.

Court: US Court of Appeal for the Fourth Circuit

Docket: Case No. 25-1028

Read AARP's Amicus Brief (PDF) 

Decided: March 26, 2025

Case Issues: Does the Fair Housing Act require a retirement community to grant a resident cessation of her meal plan and to waive associated fees as a reasonable accommodation for her disability?

 

Case Name: Gallagher v. Central Valley School District

Court: U.S. Court of Appeals for the Third Circuit

Docket: Case No. 24-2757

Read AARP's Amicus Brief (PDF) 

Decided: March 12, 2025

Case Issues: Whether the court erred in properly evaluating the circumstantial evidence presented by the plaintiff to show that an employer’s proffered reason for an adverse employment action is a pretext for age discrimination under the Age Discrimination in Employment Act (ADEA).

 

 

Case Name: Speerly v. General Motors LLC

Court: U.S. Court of Appeals for the Sixth Circuit

Docket: Case No. 23-1940

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

Decided: March 5, 2025

Case Issues: Does overpayment for a defective product provide a plaintiff with Article III standing, and must a plaintiff prove that no reasonable jury could find otherwise in order to establish commonality under Rule 23(a)(2)?

 

Case Name: Novartis Pharmaceuticals Corporation v. Robert Kennedy, et al.

Court: U.S. Court of Appeals for the Third Circuit

Docket: Case No. 24-cv-2968

Read AARP's Amicus Brief (PDF) 

Decided: February 26, 2025

Case Issues: Is the Medicare drug price negotiation program authorized by the Inflation Reduction Act Constitutional?

 

Case Name:  Boehringer Ingelheim Pharmaceuticals, et al. v. Secretary, U.S. Department of Health and Human Services, et al.

Court:  U.S. Court of Appeals for the Second Circuit

Docket: 24-2092

Read AARP's Amicus Brief (PDF) 

Filed: January 22, 2025

Case Issues: Should the Second Circuit affirm the lower court’s decision finding that Inflation Reduction Act’s Medicare Drug Price Negotiation Program is constitutional?

 

Case Name: Federal Communications Commission, et al., v. Consumers’ Research, et al. and Schools, Health & Libraries Broadband Coalition, et al. v. Consumers’ Research, et al. (consolidated)

Court:  Supreme Court of the United States

Docket: 24-354

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

Filed: January 16, 2025

Case Issues:  Whether the Federal Communications Commission’s scheme for administering the Universal Service Fund to provide subsidized access to telecommunications services for low-income and older Americans as well as healthcare facilities in rural areas, is an unconstitutional delegation of congressional authority.

 

Case Name: Novo Nordisk, Inc., et al. v. Secretary, U.S. Department of Health and Human Services, et al.

Court:   U.S. Court of Appeals for the Third Circuit

Docket: Case No. 24-2510

Read AARP's Amicus Brief (PDF) 

Filed: December 20, 2024

Case Issues:  Should the Third Circuit affirm the lower court’s decision finding that Inflation Reduction Act’s Medicare Drug Price Negotiation Program is constitutional?

 

Case Name: Federation of Americans for Consumer Choice, et al. v. U.S. Department of Labor, et al., and American Council of Life Insurers et al. v. U.S. Department of Labor et al.

Court:  U.S. Court of Appeals for the Fifth Circuit

Docket: Case Nos. 24-40637 and 24-00163 (consolidated)

Read AARP's Amicus Brief (PDF) 

Filed: December 20, 2024

Case Issues:  Whether the U.S. Department of Labor’s Retirement Security Rule, which expands who is considered a fiduciary under the Employment Retirement Income Security Act, is consistent with the statutory language and a valid exercise of agency authority under the Administrative Procedure Act.

 

Case Name: Richards v. Eli Lilly

Court:  Seventh Circuit Court of Appeals

Docket: 24-2574

Read AARP's Amicus Brief (PDF) 

Filed: December 4, 2024

Case Issues:  In a collective action alleging that an employer engaged in age discrimination, can affected employees be given notice and an opportunity to join the case based on the prevailing standard requiring a modest showing that they are similarly situated, or must they satisfy a more challenging burden at the outset of the case?

 

Case Name: Western States v. Linn County

Court:  Oregon Court of Appeals

Docket: 24-cv-06966

Read AARP's Amicus Brief (PDF) 

Filed: November 29, 2024

Case Issues:  Does the trial court’s decision contravene the U.S. Constitution and Supreme Court precedent, which require that states pay just compensation to property owners for surplus equity seized to collect a tax debt? 

 

Case Name: Casey Cunningham v. Cornell University

Court:  Supreme Court of the United States

Docket: 23-1007

Read AARP's Amicus Brief (PDF) 

Filed: November 26, 2024

Case Issues:  Can a plaintiff assert a prohibited transactions claim under ERISA by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by section 1106(a)(1)(C), or must a plaintiff plead additional elements and facts not contained in the statutory text?

 

Case Name: AHCA v. Becerra

Court:  U.S. District Court for the Northern District of Texas

Docket: 24-cv-114, 2:24-cv-00171

Read AARP's Amicus Brief (PDF) 

Filed: November 25, 2024

Case Issues:  Should the Court vacate the Centers for Medicare & Medicaid Services rule that establishes mandatory minimum staffing levels for nursing facilities?

 

Case Name: Stanley v. City of Sanford, FL

Court:  U.S. Supreme Court

Docket: 23-997

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

Filed: September 23, 2024

Case Issues:  Under the Americans with Disabilities Act, does a former employee—who was qualified to perform her job and who earned post-employment benefits while employed—lose her right to sue over discrimination with respect to those benefits solely because she no longer holds her job?

 

Case Name: AstraZeneca v. Becerra

Court:  US Court of Appeals for the Third Circuit

Docket: 24-1819

Read AARP's Amicus Brief (PDF) Decision

Filed: September 19, 2024

Case Issues:  Should the Third Circuit affirm the lower court’s decision finding that Inflation Reduction Act’s Medicare Drug Price Negotiation Program is constitutional?

 

Case Name: Bristol Myers Squibb v. Becerra, Janssen Pharm. v. Becerra

Court:  US Court of Appeals for the Third Circuit

Docket: 24-1820, 24-1821

Read AARP's Amicus Brief (PDF) 

Filed: September 16, 2024

Case Issues:  Should the Third Circuit affirm the lower court’s decision finding that Inflation Reduction Act’s Medicare Drug Price Negotiation Program is constitutional?

 

 

Case Name: United States, et al. v. Ken Paxton, Attorney General, State of Texas, et al.

Court:  United States Court of Appeals for the Fifth Circuit

Docket: Case No. 23-50885

Read AARP's Amicus Brief (PDF) 

Filed: August 19, 2024

Case Issues:  Does the Texas Election Protection and Integrity Act of 2021 violate the Materiality Provision of the Civil Rights Act of 1964 by requiring absentee voters to place an identification number that matches a number in the state’s error-ridden voter registration database on both the application to vote by mail and the mail-in ballot envelope, when election officials do not use the number to determine who is qualified to vote in Texas?

 

Case Name: National Association of Mutual Insurance Companies v. HUD

Court:  United States Court of Appeals for the District of Columbia Circuit

Docket: Case No. 23-5275

Read AARP's Amicus Brief (PDF) 

Filed: July 10, 2024

Case Issues:  Does the disparate impact prohibition expressly apply to home insurance companies’ ratemaking and underwriting practices?

 

Case Name: Consumer Fin. Prot. Bureau v. Consumer Fin. Serv. Assoc.

Court: U.S. Supreme Court

Docket: Case No. 22-448

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

Decided: May 16, 2024

Results:  The Supreme Court found that the CFPB’s funding structure was constitutional, reversing the Fifth Circuit and remanded the case for further proceedings.

 

Case Name: Deana Farley v. Lincoln Benefit Life Company

Court:  United States Court of Appeals for the Ninth Circuit 

Docket: Case No. 23-16224

Read AARP's Amicus Brief (PDF) 

Filed: April 29, 2024

Case Issues:  Did the District Court correctly grant class certification for declaratory and injunctive relief pursuant to Fed. R. Civ. P. 23(b)(2) for a class of nearly 40,000 life insurance policyholders whose policies did not lapse because Lincoln Benefit Life Ins. Co. failed to provide them with statutorily required annual notices of their right to designate a third party to receive notice of a missed payment, failed to give them a 60 day grace period to pay the premium, failed to send notice within 30 days of the missed payment, and to send notice of termination at least 30 days prior to terminating a policy?

 

Case Name: Poe v. Northwestern Mutual Life Ins. Co.

Court:  United States Court of Appeals for the Ninth Circuit

Docket: Case No. 23-3124 & 23-3243

Read AARP's Amicus Brief (PDF) 

Filed: March 15, 2024

Case Issues:  For purposes of Rule 23(a)(3) typicality and Rule 23(b)(3) predominance, do California Insurance Code §§ 10113.71 and 10113.72 impose a causation requirement for a putative class of life insurance beneficiaries raising individual issues defeating class certification?

 

Case Name: Novo Nordisk Inc., et al. v. Xavier Becerra, et al.

Court:  United States District Court District Of New Jersey

Docket: Case No. 3:23-CV-20814-ZNQ-JBD

Read AARP's Amicus Brief (PDF) 

Filed: February 5, 2024

Case Issues:  In considering cross-motions for summary judgment, should the Court declare that the Inflation Reduction Act’s Medicare Drug Price Negotiation Program is unconstitutional and stop the government from implementing the law?

 

Case Name: Novartis Pharmaceuticals Corporation v. Xavier Becerra, et al.

Court:  United States District Court District Of New Jersey

Docket: Case No. 3:23-cv-14221-ZNQ-DEA

Read AARP's Amicus Brief (PDF) 

Filed: January 23, 2024

Case Issues:  In considering cross-motions for summary judgment, should the Court declare that the Inflation Reduction Act’s Medicare Drug Price Negotiation Program is unconstitutional and stop the government from implementing the law?

 

AARP Foundation 2024 Supreme Court Preview

The Supreme Court often hears cases affecting the lives of people over 50. Read our review of key cases coming before the Court this year and likely to come in the future.

  

 

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