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Docket: Recent or Open Amicus Cases

Case Name:  Merrill v. People First of Alabama  (Voting Rights)

Court: U.S. Supreme Court Docket: 20A67

Read AARP Brief (PDF)

Filed: 10/19/2020

Case Issue: Does the Americans with Disabilities Act, Title II – which requires reasonable modification of policies creating unequal access to public programs and activities, such as in-person voting, that disadvantaged people with disabilities—justify the District Court’s Order enjoining the Alabama Secretary of State from prohibiting local election officials from choosing to permit voters with disabilities—who face serious risk of severe injury if required to vote in-person inside their assigned polling station during the coronavirus crisis—instead to cast ballots from their cars, via “curbside voting”?

Case Name: People First of Alabama v. Merrill  (Voting Rights)

Court: U.S. Ct. App. 11th Cir. Docket: 20-13695-B

Read AARP Brief (PDF)

Filed: 10/6/2020

Case Issue: Do the First and Fourteenth Amendments to the U.S. Constitution justify a district court order (i) enjoining the Alabama Secretary of State from barring local election officials from choosing to provide “curbside voting” for voters medically vulnerable to COVID-19 infection, including older voters and persons with disabilities such as diabetes and (ii) enjoining local election officials from enforcing State law requiring absentee voters to include a copy of their photo ID with their absentee ballot? 

Case Name: Andino v. Middleton (Voting Rights)

Court: U.S. Supreme Court Docket: 20A55

Read AARP Brief (PDF)

Decided: 10/5/2020

Case ResultGranted stay of order of U.S. District Court for the District of South Carolina enjoining enforcement of SC’s rule requiring absentee ballot voters to obtain the signature of a witness (eligible voter or notary) to cast their ballot. Effectively resolves case in favor or applicants-defendants as no further relief is likely before November 3 election.

Case Name: Org. for Black Struggle v. Ashcroft (Voting Rights)

Court: U.S. Dist. Ct. WD Missouri Docket: 20-4184-BCW

Read AARP Brief (PDF)

Filed: 10/1/2020

Case Issue: Does the Materiality Provision of the 1964 Civil Rights Act bar rejection of absentee ballots for trivial defects and do the U.S. Constitution’s guarantees of Due Process and no undue burden being imposed on voting forbid such rejection, in the circumstances of the COVID-19 crisis, absent  an opportunity to cure such defects without exposure to serious illness due to the coronavirus, because of a requirement that absentee ballot envelope defects must be corrected in-person? 

Case Name: NAACP Minnesota-Dakotas Area State Conference v. Simon (Voting Rights)

Court: U.S. Dist. Ct. Minn.  Docket: 62-CV-20-3625

Decided: 9/18/2020

Read Amicus Brief (PDF), Order on Motions (PDF), Stipulation and Consent Decree (PDF), Stipulation and Consent Decree 2 (PDF), Press Release

Case Result: Trial Court issued orders approving settlement of witness requirement and absentee ballot mailing issues also, settlement of witness signature issue was a total victory as the Secretary of State (SOS) agreed to waive enforcement of the requirement for the November 3 election. The settlement of the absentee ballot mailing issue was a partial victory as the SOS agreed to mail absentee ballot applications, rather than absentee ballots themselves, to all registered voters in the State. 

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: Whitman Walker Clinic v. U.S. Dep't of Health and Human Services

Court: U.S. Dist Ct. D.C. Docket: 20-1630

Decided: 9/2/2020

Read AARP's Amicus Brief (PDF), Press Release,  Opinion (PDF), Article

Case Result: The district court for the District of Columbia enjoined HHS from implementing the provisions of the rule that would have eliminated discrimination based on sex stereotypes from the definition of discrimination on the basis of sex, and incorporated Title IX’s exemption of certain religious organizations from Section 1557. 

Case Name: Jarman v. HCR Manorcare (Healthcare/Income)

Court: Cal. Supreme Court Docket: NS241431

Decided: 8/17/2020

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

Case Result: The California Supreme Court reversed and remanded the case to the district court. It held that California Health and Safety Code Section 1430(b) allows for a maximum award of $500 in statutory damages per lawsuit, rather than $500 for each violation of the statute.

Case Name: Indep. Insur. Agents and Brokers v. N.Y.

Court: New York Supreme Court Appellate Division—Third Department Docket: 530047

Read AARP Brief (PDF)

Filed: 8/10/2020

Case Issue: Is New York’s Suitability and Best Interest Rule, which requires insurance agents and brokers to act in the best interests of consumers, a valid regulation?

Case Name: Talevski v. Health and Hosp. Corp.

Court: U.S. Ct. App. 7th Cir. Docket: 20-1664

Read AARP Brief (PDF)

Filed: 8/7/2020

Case Issue: Can a resident in a government-owned nursing facility bring a private right of action under Section 1983 to challenge a violation of their rights under the Federal Nursing Home Reform Act?

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: Association for Community Affiliated Plans v. U.S. Dep't of Treasury

Court: U.S. Ct. App. D.C. Cir. Docket: 19-5212

Decided: 7/17/2020

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

Case Result: The Court of Appeals for the District of Columbia, by a 2-1 vote, held that the Departments’ rule defining short-term, limited-duration insurance (STLDI) does not violate the Administrative Procedure Act. 

Case Name: Lake v. State Health Plan

Court: North Carolina Supreme Court Docket: 436 PA 13-4

Filed: 6/29/2020

Read AARP's Amicus Brief (PDF) 

Case Issue: Is the health insurance benefit North Carolina promised to state and municipal retirees a form of deferred compensation?

Case Name: U.S. ex rel Ruckh v. CMC II, LLC

Court: U.S. Ct. App. 11th Cir.  Docket: 18-10500D

Decided: 6/25/2020

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

Case Result: The Eleventh Circuit reversed the district court’s decision in part and remanded the case to reinstate the jury’s $85 million verdict. It found that billing discrepancies and upcoding were material to the government’s decision to pay Medicare claims and sufficient to prove Medicare fraud. The Court also affirmed the part of the district court’s decision that denied the Medicaid claims.

Case Name: v. Becerra

Court: U.S. Ct. App. 9th Cir    Docket: 18-15469; 18-15463

Decided:  6/19/2020

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

Case Issue: Do entertainment employment service providers have a constitutional right to publish age information on the Internet when their subscribers object?

Case Result: The U.S. Court of Appeal affirmed the district court’s decision that California legislation designed to curb age discrimination in the entertainment industry was unconstitutional and that could continue to publish entertainment workers ages and birth dates on its website.

Case Name: Merck v. HHS

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: Bostock v. Clayton County; Altitude Express v. Zarda; Harris Funeral Homes v. EEOC

Court: U.S. Supreme Ct.  Docket: 17-1618; 17-1623;18-107

Read Amicus Brief (PDF) and Opinion (PDF)

Decided: 6/15/2020

Case Issue: Does Discrimination against an employee because of sexual orientation constitute prohibited employment discrimination "because of . . . Sex" within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e-2.

Case Result: Court ruled 6-3 that under Title VII, discrimination “because of . . . sex” includes discrimination on grounds of sexual orientation and transgender status. I.e., “An employer who fires an individual merely for being gay or transgender violates Title VII.” 

Case Name: Jammal v. Am. Family Insurance

Court: U.S. Ct. App. 6th Cir.  Docket: 20-3226

Filed: 6/10/2020

Read Amicus Brief (PDF)  

Case Issue: Was the district court correct in its initial finding that American Family treated its insurance agents as employees?

Case Name: Thole v. U.S. Bank

Court: U.S. Supreme Court Docket: 17-1712

Decided: 6/1/2020

Read AARP's Amicus Brief (PDF)

Case Result: The Court held that when fiduciary misconduct is not likely to affect a defined benefit plan participant’s actual receipt of benefits, the participant has no standing under ERISA, even though the statute creates a right of action for such a lawsuit.

Case Name: California v. Texas (formerly, Texas v. United States)

Court: U.S. Supreme Court   Docket: 19-840 & 19-1019

Filed: 5/13/2020

Read Amicus Brief (PDF)  and Press Release 

Case Issue: Is the Affordable Care Act's minimum coverage provision unconstitutional now that Congress dropped the penalty for not securing ACA-compliant coverage to zero? If that provision is unconstitutional, is that provision severable from the rest of the ACA or does it render the entire ACA invalid?

Case Name: Apache v. Davis

Court: Supreme Ct. Tex. Docket: 19-0410

Filed: 5/13/2020

Read AARP's Amicus Brief (PDF) 

Case Issue: 1. Does Texas recognize “composite” discrimination claims, like Ms. Davis’ claim that Apache discriminated against older women based on their sex and age? 2. Do plaintiffs have to list every fact that leads them to believe they are experiencing discrimination in an internal complaint, or can they give more details about their experiences in their court case?


Case Name: Thryv v. Click-to-Call

Court: U.S. Supreme Ct.  Docket: 18-916

Decided: 4/20/2020

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

Case Issue: Is the decision by the Patent Trial & Appeal Board to review a patent through the inter partes review process final and nonappealable?

Case Resullt: The Federal Circuit’s decision was vacated.

Case Name: Babb v. Wilkie

Court: U.S. Supreme Ct. Docket: 18-882

Read Amicus Brief (PDF) and Opinion (PDF)

Decided: 4/6/2020

Case Issue: Does the ADEA's federal-sector provision -- which requires that such workplaces be "made free from any discrimination based on age" -- prohibit all federal employer conduct for which age is a consideration, or only such considerations if a federal employee or job applicant can show that they would not have incurred harm to their employment opportunities "but for" such consideration of age?

Case Result: Reversed decision of 11th Cir. (affirming district court judgment vs. plaintiff-employee Babb and for defendant-employer United States).

Case Name: Divane v. Northwestern University

Court: U.S. Ct. App. 7th Cir.   Docket: 18-2569

Decided: 3/25/2020

Read AARP's Amicus Brief  and Opinion (PDF)

Case Result: The court held that fiduciaries did not breach their duties, the fees for the Plaintiffs’ investments were not too high, and offering over 200 investment options was not unreasonable. 

Case Name: Harris v. Union Pacific Railroad

Court: U.S. Ct. App. 8th Cir.  Docket: 19-1514

Decided: 3/24/2020

Read Amicus Brief (PDF) and Opinion (PDF)

Case Issue: May a class action be certified under the Americans with Disabilities Act to challenge a company-wide policy that affects employees in various jobs with various disabilities?

Case Result:  Class certification vacated and remand for individual proceedings.

Case Name: Cummings v. Premier Rehab Keller

Court: U.S. Ct. App. 5th Cir.  Docket: 19-10169

Decided: 3/24/2020

Read AARP's Amicus Brief  (PDF)

Case Result: Rehearing en banc denied.

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: Rutledge v. Pharmacy Care Management Assn.

Court: U.S. Supreme Ct.  Docket: 18-450

Filed: 3/2/2020

Read AARP's Amicus Brief  (PDF)

Case Issue:  Many states have passed laws regulating health care market players to address rising health care costs. Does ERISA, the federal law that protects employee benefits, say that states can't do this because the state laws could potentially affect employee benefit plans in some remote way?

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

Court: Mass. Supreme Judicial Ct.  Docket: SJC-12714

Decided: 2/27/2020

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

Case Result:  The Court held that wrongful death actions in Massachusetts are derivative of a decedent's claims, and therefore a decedent's agreement to arbitrate can be enforced against her beneficiaries. 

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 lender's violation of state law?

Case Name: Intel v. Sulyma

Court: U.S. Supreme Court Docket: 18-1116

Decided: 2/26/2020

Read AARP's Amicus Brief (PDF)  

Case Result: The Court, per Justice Alito, held that receiving ERISA disclosures did not automatically mean that the participant had "actual knowledge" of a breach of fiduciary duty, so the three-year statute of limitations did not apply. 

Case Name: Texas v. United States

Court: U.S. Ct. App. 5th Cir.   Docket: 19-10011

Decided: 2/6/2020

Read Amicus Brief (PDF)  Decision (PDF), Listen to Podcast

Case Result: The Fifth Circuit partially affirmed the district court’s decision and found that the individual mandate of the Affordable Care Act (ACA) is unconstitutional. It then remanded the case back to the district court to consider whether the rest of the ACA can remain intact.

Case Name: Texas v. U.S.

Court: U.S. Supreme Court Docket: 19-840, 19-841

Filed: 1/15/2020

Read AARP's Amicus Brief (PDF)  and Press Release

Case Issue: Should the Supreme Court agree to review an appeal of a Fifth Circuit decision finding the individual mandate of the Affordable Care Act unconstitutional and remanding the case back to the district court?

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: 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: Dorman v. Charles Schwab Corp.

Court: U.S. Ct. App. 9th Cir. Docket: 18-15281

Filed: 9/20/2019

Read AARP's Amicus Brief (PDF)

Case Issue: Should the Ninth Circuit grant rehearing en banc of its panel's ruling that employers, via arbitration contract, can strip individual 401(k) retirement plan participants of their right under ERISA to bring federal court actions for fiduciary breach on behalf of the entire plan, see 29 U.C.S. §§ 1132(a)(2) and 1109(a).

Case Name: City of Oakland v. Wells Fargo

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

Filed: 9/10/2019

Read AARP's Amicus Brief (PDF)

Case Issue: Can Oakland sue Wells Fargo for harm to the city caused by its predatory loans in minority neighborhoods?

Case Name: FTC v. Abbvie

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

Filed: 7/26/2019

Read AARP's Amicus Brief (PDF)

Case Issue: Does Section 13(b) of the FTC Act, 15 U.S.C. Sec. 13(b), which authorizes the FTC to "enjoin any . . . Act or practice" by which a defendant "is violating, or is about to violate, any provision of law enforced by the FTC," authorize equitable remedies beyond injunctions, including restitution and disgorgement?

Case Name: Frappied v. Affinity Gaming Black Hawk

Court: U.S. Ct. App. 10th Cir. Docket: 19-1063

Filed: 6/6/2019

Read AARP's Amicus Brief (PDF)  

Case Issue: May evidence of a reduction in the average age of persons holding a category of positions, which positions were first vacated via group terminations, then filled via replacement hires, support an inference of age discrimination in the place of the usual evidence of age bias, consisting of the difference between the ages of individuals fired and their specific replacements, where the employer replaced terminated persons in a group and did not replace specific individuals?

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

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

Filed: 2/26/2019

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: 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

Read Amicus Brief (PDF)

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: Knick v. Township of Scott

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

Filed: 6/5/2018

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: Express Scripts/Anthem ERISA Litig (In re)

Court: U.S. Ct. App. 2d Cir. Docket: 18-346

Filed: 5/2/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Did the complaint plausibly allege that Anthem and Express Scripts are both fiduciaries under ERISA's functional definition of a fiduciary and that they both breached their fiduciary duties? 

Case Name: Jammal v. Am. Family Ins. 

Court: U.S. Ct. App. 6th Cir.     Docket: 17-4125

Filed: 3/16/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Was the district court correct in finding that American Family treated its insurance agents as employees?