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Docket: Recent Amicus Cases

Case Name: Oil States Energy Serv. v. Greene's Energy Group

Court: U.S. Supreme Court   Docket: 16-712

Decided: 4/24/2018

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

Case Result:  The Court upheld the constitutionality of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board. 


Case Name: Teets v. Great-West

Court: U.S. Ct. App. 10th Cir. Docket: 18-1019

Filed: 4/18/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Can an insurer which sets the rate of return for an investment, and thus controls plan assets, escape fiduciary obligations merely because the participants have the ability to choose another plan investment option?


Case Name: Stewart v. Azar

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

Filed: 4/9/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Did Defendant HHS exceed its statutory authority under Section 1115 of the Social Security Act when it approved the State of Kentucky's Medicaid Waiver request that conditioned eligibility for Medicaid on proof of work/community engagement, eliminated retroactive coverage, imposed high premiums, and imposed punitive lock-out periods for failure to meet certain reporting requirements or failure to pay premiums?


Case Name: Jammal v. Am. Family Ins. 

Court: U.S. Ct. App. 6th Cir.     Docket: 17-4215

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?


Case Name: U.S. Chamber of Commerce v. U.S. Dep't of Labor

Court: U.S. Ct. App. 5th Cir. Docket: 17-10238

Decided: 3/15/2018

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

Case Result: The fifth circuit vacated the Department of Labor's Fiduciary Rule that protects consumers from conflicts of interest when saving for their retirement. 


Case Name: Market Synergy Group v. DOL

Court: U.S. Ct. App. 10th Cir. Docket: 17-3038

Decided: 3/13/2018

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

Case Result: The U.S. Court of Appeals for the Tenth Circuit upheld the Department of Labor's "Fiduciary Rule" which regulates the financial advice given to retirement savers. The court held that the Department of Labor gave sufficient notice of the proposed rule change and acted reasonably in treating fixed indexed annuities differently from other fixed annuities.


Case Name: FTC v. Quincy Bioscience Holding Co.

Court: U.S. Ct. App. 2d Cir.   Docket: 617-3745

Filed: 3/7/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Did the trial court err in dismissing the complaint filed by the Federal Trade Commission (FTC) and the N.Y. Attorney General to prevent Quincy Bioscience Holding Co., from continuing to make allegedly false and misleading claims that a dietary supplement called Prevagen is clinically proven to improve memory, despite Quincy's own research showing that Prevagen is not effective?


Case Name: Hall v. Minnesota

Court: Minn. Supreme Court    Docket: A16-0874

Decided: 3/7/2018

Read AARP's Amicus Brief (PDF) and Decision

Case Result: The Supreme Court of Minnesota held that unclaimed interest-bearing property transferred to the State under the Minnesota Unclaimed Property Act effects an unconstitutional taking if the State does not compensate the property owner for any lost interest. The court rejected a takings challenge absent the property's earning of interest prior to the transfer and found the notice sufficient to provide due process. 


Case Name: GlaxoSmithKline v. Dolin

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

Filed: 2/28/2018

Read AARP's Amicus Brief (PDF)

Case Issue:  Can a brand name drug manufacturer be held accountable for injuries caused by a consumer ingesting a generic drug when the brand name drug manufacturer failed to warn about known drug risks and has the sole power to do so?


Case Name: China Agritech v. Resh

Court:  U.S. Supreme Court Docket:  17-432

Filed: 2/28/2018

Read Amicus Brief (PDF)

Case Issue: After a class action is no longer pending, can absent class members whose statue of limitations have tolled file subsequent class actions to pursue their claims?


Case Name: IMDb.com v. Becerra

Court: U.S. Dist Ct. ND Cal.    Docket: 16-cv-06535-VC

Decided: 2/20/2018

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

Case Result: The court held that entertainment employment service providers can post workers' age information on the internet without the workers' consent.  


Case Name: PHH v. CFPB

Court: U.S. Ct. App. D.C. Cir. Docket: 15-1177 (en banc)

Decided: 1/31/2018

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

Case Result: The structure of the CFPB, with a single director appointed to a five year term, who can be removed by the President only for cause, is not unconstitutional. 


Case Name: Munro v. Univ. of S. Cal.

Court: U.S. Ct. App. 9th Cir.     Docket: 17-55550

Filed: 01/04/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Can an arbitration agreement signed only by University of Southern California (but not the plan) and the participant force the retirement plan participants to arbitrate, rather than litigate in court, their claims of fiduciary breach against the plan?


Case Name: Cruse v. Henderson County Bd. of Educ.

Court: Supreme Ct. of Kentucky    Docket: 2015-SC-000506

Decided: 12/19/2017

Read AARP's Amicus Brief (PDF)

Case Result: The court ruled that Kentucky Workers' Compensation statute cutting off benefits at retirement eligibility age was unconstitutional.  The court ruled that Kentucky Workers' Compensation statute cutting off benefits at retirement eligibility age was unconstitutional.


Case Name: Aponte v. Olatoye

Court: N.Y. State Ct. App. Docket: APL-2016-00130 

Filed: 12/18/2017  

Read AARP Amicus Brief (PDF)

Case Issue: 1. Did the New York City Housing Authority (NYCHA) violate the FHA and other civil rights laws by denying an 82 year old tenant with Alzheimer’s request to accommodate her disability by allowing her adult son to move in to her apartment permanently to care for her?

2. Was it arbitrary and capricious and an error of law for NYCHA to have denied the request for reasonable accommodation and substituted another accommodation without investigating those needs or engaging in an interactive process with the tenant?


Case Name: Ass'n for Accessible Medicines v. Frosh

Court: U.S. Ct. App. 4th Cir. Docket: 17-2166

Filed: 12/6/2017

Read Amicus Brief (PDF) and Article

Case Issue: 1) Did the district court correctly conclude that the State of Maryland may prohibit price gouging in the sale of essential medicines to consumers in Maryland, including in wholesale transactions upstream from consumer sales, without infringing on the Commerce Clause?

2)    Did the district court correctly conclude that the plaintiff failed to make a clear showing of likely success on the merits of its facial void-for-vagueness challenge to Maryland’s price gouging law, which adopts long-accepted common-law standards to prohibit an unconscionable increase in the price of an off-patent drug over its previously established benchmark price?

3) Did the district court properly exercise its discretion in declining to enjoin Maryland’s law prohibiting price gouging in the sale of certain essential medicines, based on its determination that the plaintiff failed to make a clear showing that any of the relevant factors supported a preliminary injunction?


Case Name: Brotherston v. Putnam Investments

Court: U.S. Ct. App. 1st Cir.     Docket: 17-1711

Filed: 11/20/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Does complicance with the Investment Company Act of 1940 equate to compliance with ERISA's fiduciary duties?

Is a settlor's contributions to an ERISA plan a defense to claims for a trustee's breach of fiduciary duty?


Case Name:  Maryland (State of) v. Neiswanger Management Servs. 

Court: Ct. App. Maryland  Docket:  No. 28, Sept. 2017 Term

Filed: 11/3/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Did the circuit court err in holding that, although the Patient's Bill of Rights authorizes a court to grant injunctive relief to remedy violations of the provisions relating to discharge, the statute excludes injunctive relief barring "company practices" that violate those provisions?


Case Name: Thrivent Financial for Lutherans v. Acosta

Court: U.S. Dist Ct. Minn Docket: 16-cv-03289-SRN-HB

Decided: 11/3/2017

Read AARP's Amicus Brief (PDF) and Decision

Case Result: The U.S. Dist. Court of Minnesota enjoined the Labor Department from enforcing the fiduciary rule's anti-arbitration provision against Thrivent, after DOJ changed its position, claiming the rule was at odds with federal law.


Case Name: McNair v. Johnson & Johnson

Court: Supreme Court of West Virginia   Docket: 17-0519

Filed: 10/30/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Does West Virginia law permit a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer?


Case Name: Cottrell v. Alcon Labs

Court: U.S. Ct. App. 3d Cir.     Docket:  16-2015

Decided: 10/18/2017

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

Case Result: The third circuit reversed and remanded a district court grant of a Federal Rules of Civil Procedure 12(b)(1) motion to dismiss for lack of Plaintiff standing.


Case Name: Thole v. U.S. Bank

Court: U.S. Ct. App. 8th Cir.  Docket: 16-1928

Decided: 10/12/2017

Read AARP's Amicus Brief (PDF) and Decision

Case Result: Relying on a 2002 decision, the court held ERISA does not allow a participant in a defined benefit plan to bring a lawsuit claiming liability and injunctive relief for alleged breaches of fiducairy duties when the plan is overfunded. 


Case Name: Amgen v. Sanofi

Court: U.S. Ct. App. Fed. Cir.  Docket: 17-1480

Decided: 10/5/2017

Read AARP's Amicus Brief (PDF) and Decision

Case Result: The Federal Circuit vacated the district court's order enjoining the sale of a cholesterol reducing drug that had been prescribed to over 18,000 people. This reversal of the permanent injunction is the result AFL sought.


Case Name: Vaughan v. Anderson Reg'l Med. Ctr.

Court: U.S.Supreme Court    Docket: 16-1386

Decided: 10/2/2017

Read AARP's Amicus Brief (PDF)

Case Result: Petition for certiorari denied.


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