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Docket: Recent or Open Amicus Cases

Case Name:  Smith v. Board of Directors of Triad Manufacturing (Employee Benefits)

Court: U.S. Ct. App. 7th Cir. Docket: 20-2708

Decided: 9/10/2021

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

Case Result: The Seventh Circuit affirmed the district court’s denial of the Defendants’ motion to compel arbitration or, in the alternative, to dismiss.


Case Name: Hughes v. Northwestern Univ. (Employee Benefits)

Court: U.S. Supreme Court Docket: 19-1401

Read AARP Amicus Brief (PDF)

Filed: 9/10/2021

Case Issue: Is including a fund with excessively high fees a breach of fiduciary duty in an employee benefit plan?

Case Name: United States v. Vaello-Madero (Public Benefits)

Court: U.S. Supreme Court Docket: 20-303

Read AARP Amicus Brief (PDF)

Filed: 9/3/2021

Case Issue: Did Congress violate the equal-protection rights of  Puerto Rico's residents by categorically excluding them from the Supplemental Security Income Program?

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

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

Read AARP Brief (PDF) and Decision (PDF)

Decided: 7/27/2021

Case Result: The Seventh Circuit ruled that the federal Nursing Home Reform Act creates a private right of action under Section 1983 of the Civil Rights Act to enforce a violation of resident’s right to be free of chemical restraints and illegal discharges.

Case Name: Apache v. Davis

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

Decided: 6/25/2021

Read AARP's Amicus Brief (PDF), Smith's argument before the court (starts at 31:00) Watch, Court Decision (PDF)

Case Result: The Supreme Court of Texas denied cert, leaving in place a jury verdict in plaintiff’s favor on retaliation claim.


Case Name: WVMF Funding v. Palmero

Court: Florida Supreme Court Docket: SC19-1920

Decided: 6/24/2021

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

Case Issue: Is a widowed spouse of homeowner, with a reverse mortgage on their marital home, protected from foreclosure because she is a “surviving borrower” of a federally insured Home Equity Conversion Mortgage that protects either spouse from being forced to sell the home to repay the loan while at least one of them continues to live in the property?

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

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

Decided: 6/17/2021

Read Amicus Brief (PDF), Press Release for filing, Decision (PDF), Press Release for decision

Case Result: The Supreme Court found that the State and individual plaintiffs lacked standing to bring the case because they failed to show a concrete, particularized injury that was traceable to the government’s alleged unlawful conduct. It reversed the Fifth Circuit’s decision with regard to standing, vacated the judgment, and remanded the case to the district court with instructions to dismiss based on the lack of standing.

Case Name:  Howard Jarvis Taxpayers' Ass'n v. California Secure Choice Retirement Sav. Prog.

Court: U.S. Ct. App. 9th Cir. Docket: 20-15591

Read AARP Brief (PDF),  Article, and Opinion (PDF)

Decided: 5/7/2021

Case Result: The Ninth Circuit panel unanimously held that ERISA does not preempt the CalSavers program because the program does not relate to an employee benefit plan, but is a state-established and maintained savings program.

Case Name:  Opiotennione v. Bozzuto Management Co. (housing discrimination)

Court: U.S. Dist. Ct. Maryland Docket: 20-1956

Filed: 4/27/2021

Read AARP Amicus Brief (PDF) 

Case Issue:  Does Plaintiff have standing to challenge Defendants’ practice of excluding older adults from receiving housing advertisements on Facebook?


Case Name:  Carr v. Saul (Low-income benefits)

Court: U.S. Supreme Court Docket: 19-1442, 20-105

Decided: 4/21/2021

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

Case Result:  Social Security disability claimants can raise constitutional challenges to the appointment of the administrative judge who heard their case in federal district court even when that issue was not raised in an administrative hearing. The result will help future claimants raise other constitutional issues in federal district court as well.


Case Name: Impax Laboratories v. FTC

Court: U.S. Ct. App. 5th Cir. Docket: 19-60394

Decided: 4/13/2021

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

Case Result: The Fifth Circuit denied Impax Laboratories’s petition for review and upheld the Federal Trade Commission’s ruling that the company violated antitrust laws when it accepted $100 million worth of payments to delay the entry of its generic drug for more than two years. 

Case Name:  Tyler v. Hennepin Co.

Court: U.S. Ct. App. 8th Circuit Docket: 20-3730

Filed: 3/29/2021

Read AARP Amicus Brief (PDF) 

Case Issue: Does the Takings Clause of either the U.S. or the Minnesota Constitution forbid public officials from confiscating the amount of surplus equity yielded in a tax foreclosure sale above the amount of taxes (and related costs and penalties) owed by the former taxpayer?


Case Name: Francis v. Kings Park Manor

Court: U.S. Ct. App. 2d Cir.  Docket: 15-1823

Decided: 3/25/2021

Read AARP's Amicus Brief  (PDF) and Decision (PDF) Dissent/Concur Decision 1, Dissent/Concur Decision 2 (PDF)

Case Result:  The en banc court concluded that plaintiff did not state a claim against the landlord-defendant under the FHA for tenant-on-tenant racial harassment in this case because the landlord could not be presumed to have the degree of control over the tenant necessary to impose liability under the act. Second Panel decision was vacated and decision below was affirmed.

Case Name:  Bagnall v. Cochran

Court: U.S. Ct. App. 2d Circuit Docket: 20-1642

Filed: 3/5/2021

Read AARP Amicus Brief (PDF) and Article

Case Issue: Does the Secretary of the U.S. Department of Health and Human Services violate the Due Process Clause of the Fifth Amendment by denying hospitalized Medicare beneficiaries, initially classified as inpatients and later designated as outpatients under observation, an expedited due process hearing to challenge the hospital’s classification of their stay?


Case Name:  Cochran v. Gresham; Arkansas v. Gresham

Court: U.S. Supreme Court Docket: 20-37; 20-38

Filed: 2/25/2021

Read AARP Amicus Brief (PDF) 

Case Issue: Was the Secretary of the U.S. Department of Health and Human Service’s approval of Medicaid demonstration projects in Arkansas and New Hampshire, that condition health insurance coverage on satisfying work requirements, arbitrary and capricious in violation of the Administrative Procedure Act?


Case Name:  Pelcha v. MW Bancorp

Court: U.S. Ct. App. 6th Cir. Docket: 20-3511

Filed: 2/11/2021

Read AARP Amicus Brief (PDF) 

Case Issue: In a disparate treatment case, does the Age Discrimination in Employment Act (ADEA) require a plaintiff to prove that her age was “the” only “but-for” cause (i.e., the “sole cause”) of challenged conduct by the employer adverse to the plaintiff.


Case Name:  Driggs v. Saul

Court: U.S. Ct. App. 9th Cir. Docket: 20-16426

Filed: 2/8/2021

Read AARP Amicus Brief (PDF) 

Case Issue:  Was the district court correct in holding that the nine-month marriage duration requirement could not constitutionally be applied to deny Social Security survivors benefits to a spouse when the sole reason the couple had not yet been married nine months before the wage earner’s death was that the state they lived in unconstitutionally barred same-sex marriage?

Case Name:  Ely v. Saul

Court: U.S. Ct. App. 9th Cir. Docket: 20-16427

Filed: 2/8/2021

Read AARP Amicus Brief (PDF) 

Case Issue:  Was the district court correct in holding that the nine-month marriage duration requirement could not constitutionally be applied to deny Social Security survivors benefits to a spouse when the sole reason the couple had not yet been married nine months before the wage earner’s death was that the state they lived in unconstitutionally barred same-sex marriage?

Case Name:  Schmoll v. Saul

Court: U.S. Ct. App. 9th Cir. Docket: 20-16445

Filed: 2/8/2021

Read AARP Amicus Brief (PDF) 

Case Issue:  Was the district court correct in holding that the nine-month marriage duration requirement could not constitutionally be applied to deny Social Security survivors benefits to a spouse when the sole reason the couple had not yet been married nine months before the wage earner’s death was that the state they lived in unconstitutionally barred same-sex marriage?

Case Name: Rutledge v. Pharmacy Care Management Assn.

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

Decided: 12/10/2020

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

Case Result:  The Supreme Court unanimously ruled that ERISA does not preempt Arkansas’ PBM transparency law.

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

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

Read AARP Brief (PDF)

Decided: 10/21/2020

Case Result: Granted stay of September 30 Order of the U.S. District Court for the Northern District of Alabama, after an evidentiary hearing, enjoining enforcement of the AL Secretary of State’s de facto ban on local election officials offering the option of “curbside voting” for the general election November 3, 2020. 

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: 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: 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: 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),   Opinion (PDF) and Article

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: 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 Result: 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: 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: Intel v. Sulyma

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

Decided: 2/26/2020

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

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Find Legal Cases

Find cases in an alphabetical directory in which AARP Foundation attorneys have advocated in courts nationwide for the rights of older adults, or have filed amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases.