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AARP Foundation Legal Advocacy: Recent Amicus Cases Skip to content

Docket: Recent or Open Amicus Cases

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: Babb v. Wilkie

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

Read Amicus Brief (PDF)

Filed: 9/24/2019

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 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: GGNSC Chestnut Hill v. Schrader (Arbitration)

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

Filed: 9/13/2019

Read AARP's Amicus Brief  (PDF)

Case Issue:  Mirroring the issue before the U.S. Court of Appeals for the First Circuit, the case issue before the Massachusetts court is 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: 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: Thryv v. Click-to-Call

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

Filed: 9/10/2019

Read AARP's Amicus Brief (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 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: Ryan v. Mary Ann Morse Healthcare

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

Filed: 8/19/2019

Read AARP's Amicus Brief (PDF)  

Case Issue: Does Massachusetts' Security Deposit Statute, which prohibits the up-front fees a landlord can collect, apply to assisted living residences?

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: Taylor v. Burlington Northern RR Holdings

Court: Supreme Ct. State of Washington  Docket: 96335-5 (9th Cir. No. 16-35205)

Decided: 7/11/2019

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

Case Issue: Is obesity an impairment under the Washington Law Against Discrimination (WLAD), Revised Code of Washington, Section 49.60.040 and, if so, under what circumstances? 

Answer to certified question: "obesity always qualifies as an impairment under the plain language of [Revised Code of Washington] 49.60.040(7)(c)(i) because it is a 'psysiological disorder, or condition' that affects many . . . body systems."

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: Stewart v. Azar  (Healthcare)

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

Filed: 6/27/2019

Read AARP's Amicus Brief (PDF)

Case Issue: Did the U.S. Department of Health and Human Services exceed its authority under Section 1115 of the Social Security Act when it approved a Kentucky Medicaid waiver that included work and community engagement requirements, six-month coverage lock-outs, and high premiums, and waived retroactive coverage eligibility and non-emergency medical transportation?

Case Name: Richardson v. Chicago Transit Authority

Court: U.S. Ct. App. 7th Cir.   Docket: 17-3508

Read Amicus Brief (PDF), Article, and Decision

Decided: 6/12/2019

Case Result: The Seventh Circuit ruled that a Chicago bus driver’s “extreme obesity” did not constitute an “impairment” covered by the Americans with Disabilities Act (ADA) absent proof either that it was caused by a separate, underlying physiological disorder or condition or that, on its own, it constituted a physiological disorder. The Court rejected AARP’s and Richardson’s arguments that the ADA, as amended in 2008, calls for a more lenient analysis of what constitutes an ADA impairment. The Court affirmed a district court’s dismissal of Mr. Richardson’s challenge to his termination.

Case Name: Teets v. Great-West

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

Decided: 4/22/2019

Read AARP's Amicus Brief (PDF)  and Decision

Case Result: Appellate court upheld the district court's dismissal of plaintiff's ERISA claims on the basis that Great West was not acting as a fiduciary.

Case NameStewart v. Azar  (Healthcare)

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

Decided: 4/4/2019

Read AARP's Amicus Brief (PDF), Opinion (PDF), Blog, and Amicus Brief (filed 1/24/2019)

Case Result: The Court vacated the federal government's reapproval of Kentucky's section 1115 waiver and remanded the application back to the agency. The Court then stayed its decision pending appeal. 


Case Name: Texas v. United States

Court: U.S. Ct. App. 5th Cir.    Docket: 19-1011

Filed: 4/1/2019

Read Amicus Brief (PDF)  Listen to Podcast

Case Issue: Is the ACA invalid now that the Tax Cuts and Jobs Act of 2017 reduced the penalty for not complying with the individual mandate provision to $0?

Case Name: Biestek v. Berryhill

Court: U.S. Supreme Court Docket: 17-1184

Decided: 4/1/2019

Read Amicus Brief (PDF)  and Decision (PDF)

Case Result: Social Security vocational experts do not always have to disclose the basis of their opinion that a Social Security applicant can work. 

Case Name: Francis v. Kings Park Manor

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

Decided: 3/4/2019

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

Case Result: The second circuit held that a landlord may be held liable under the Fair Housing Act and the New York State Human Rights Law for failing to take prompt action to address a hostile housing environment created by one tenant targeting another based on a protected class, like race, where the landlord knew of the harassment and had the power to correct it.

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: GGNSC Chestnut Hill v. Schrader (Arbitration)

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

Filed: 11/14/2018

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

Court: U.S. Ct. App. 11th Cir.  Docket: 10-10500D

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: D.L. v. District of Columbia

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

Filed: 5/29/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Was the district court's calculation of attorneys' fees owed to the Plaintiffs reversible error, in that the court used the USAO Matrix of fee rates instead of the LSI Matrix and, thus, failed to grant Plaintiffs a reasonable fee recovery?

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: 17-4215

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: 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: 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?