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Docket: Recent or Open Amicus Cases

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: 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: 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: Carroll v. City and County of San Francisco

Court: Cal. Supreme Court Docket: S259558

Decided: 1/29/2020

Read AARP's Amicus Letter(PDF)  

Case Issue: Can a public entity be held liable for age discrimination in disability retirement benefits under the California Fair Employment and Housing Act (FEHA), where the discrimination is mandated by a facially discriminatory legislative provision requiring payment of reduced retirement benefits to persons hired after age 40?

Case Result: Sought relief was achieved. California Supreme Court was urged not to review an appellate court decision favorable to the economic security of California state retirees and the Court denied review.


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: Stewart v. Azar  (Healthcare)

Court: U.S. Ct. App. D.C. Cir.   Docket: 19-5095, 19-5097

Decided: 1/8/2020

Read AARP's Amicus Brief (PDF)

Case Result: The Fifth Circuit granted the Commonwealth of Kentucky's motion to voluntarily dismiss the appeals of the district court's decision vacating the U.S. Department's approval of its Section 1115 Medicaid waiver.


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: Ryan v. Mary Ann Morse Healthcare

Court: Supreme Judicial Ct., Mass. Docket: SJC-12708

Decided: 12/5/2019

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

Case Result: The Mass. Supreme Judicial Court held that the Assisted Living Residence (ALR) statute, incorporates applicable consumer protection laws, including the Landlord-Tenant Security Deposit Law. As a result, ALRs may no longer charge general community fees like the $2,800 fee at issue in this case. An ALR is not in violation if it charges an upfront fee for the distinctive services assisted living facilities provide that are not applicable to traditional landlord-tenant relationships, such as fees related to initial assessments of residents to determine their suitability for placement in an assisted living facility. 


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

Filed: 11/12/2019

Read AARP's Amicus Brief (PDF)  

Case Issue: Should the court reverse the district court's decision upholding the Department's rule redefining "short-term, limited-duration" insurance and invalidate the rule because it is contrary to law and is arbitrary and capricious?


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: Thetford (In re) (Guardianship)

Court: Supreme Court of Texas Docket: 17-0634

Decided: 10/4/2019

Read AARP's Amicus Brief (PDF)  

Case Result: The Supreme Court of Texas denied Petitioner's Motion for Rehearing of its decision finding that a lawyer who had apparent conflict of interest should not be disqualified from her guardianship proceedings.


Case Name: Merck v. HHS

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

Read Amicus Brief (PDF)

Filed: 9/30/2019

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 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: Thole v. U.S. Bank

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

Filed: 9/18/2019

Read AARP's Amicus Brief (PDF)

Case Issue: Can individuals sue for breach of fiduciary duty on behalf of the entire employee benefits plan, even if they haven't lost any benefits themselves yet?


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

Court: U.S. Ct. App. 11th Cir.   Docket: 16-13004

Decided: 9/9/2019

Read AARP's Amicus Brief (PDF)

Case Result: The Eleventh Circuit upheld the lower court's ruling that the False Claims Act requires more than factual differences amongst experts.


Case Name: California Advocates for Nursing Home Reform (CANHRv. Smith

Court: Ct. App. State of Cal., First Appellate Div. Docket: A147987

Decided: 8/21/2019

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

Case Result: Court upheld California statute that permits nursing facilities to administer antipsychotic drugs to people who lack capacity, based only on what treatment team deems is appropriate. 


Case Name: GGNSC Louisville Hillcrest v. Bramer

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

Decided: 8/2/2019

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: 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: Posey v. Northport Health Services of Arkansas

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

Decided: 7/23/2019

Read AARP's 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: ACAP v. U. S. Dep't of Treasury

Court: U.S. Dist. Ct. D.C.  Docket: 18-2133 (RJL)

Decided: 7/19/2019

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

Case Result: The court held that the defendant agencies did not exceed the authority granted them by Congress in issuing the 2018 STLDI rule, and that defining STLDI as no longer than 365 days, and automatically renewable for 36 months is permissible under the law, and not inconsistent with the ACA.


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)

Filed: 7/3/2019

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 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: D.L. v. District of Columbia

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

Decided: 5/21/2019

Read AARP's Amicus Brief (PDF)

Case Result: Panel reversed the district court decision applying alternate fee "matrix" to Laffey Matrix, concluding it resulted in inadequate compensation to plantiff's counsel. 


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: Divane v. Northwestern University

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

Filed: 1/24/2019

Read AARP's Amicus Brief 

Case Issue: Do plaintiffs claiming breach of fiduciary duty have to include details about defendants' operations that they could not possibly know in order to get past a motion to dismiss?


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

Court: Cal. Supreme Court Docket: NS241431

Filed: 10/25/2018

Read AARP's 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: IMDb.com v. Becerra

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

Filed: 10/3/2018

Read AARP's Amicus Brief (PDF) and Article

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


Case Name: GlaxoSmithKline v. Dolin

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

Decided: 8/22/2018

Read AARP's Amicus Brief (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: U.S. ex rel Ruckh v. CMC II, LLC

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

Filed: 7/20/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Did the district court misapply the materiality requirement under the False Claims Act and Universal Health Services v. U.S. ex rel Escobar, 136 S. Ct. 1989 (2016) in granting judgment as a matter of law against the Relator?


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?


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