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Docket: Recent Amicus Cases

Case Name: ACAP v. U. S. Dep't of Treasury

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

Filed: 10/8/2018

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

Case Issue: Should the court issue a preliminary injunction suspending the effectiveness of the Departments’ rule redefining “short-term, limited-duration” insurance while the parties litigate whether the rule exceeds the Departments’ authority, is contrary to law, and is arbitrary and capricious? 

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: Posey v. Northport Health Services of Arkansas

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

Filed: 10/2/2018

Read AARP's Brief (PDF)

Case Issue: Are arbitration provisions of a nursing facility admissions agreement enforceable when people who lack the legal authority to bind the resident sign the agreement?

Case Name: Cochrum v. Costa Victoria Healthcare

Court: Cal. Supreme Court Docket: S251140

Filed: 10/2/2018

Read AARP's Brief (PDF)

Case Issue: Was the evidence presented at trial sufficient to support a finding that the defendant acted recklessly, and did the Court of Appeals therefore err in affirming the trial court’s grant of judgment notwithstanding the verdict?

Case Name: Commonwealth of Pa. v. Golden Gate Nat. Senior Care

Court: Pa. Supreme Court Docket: 16 MAP 2017

Decided: 9/25/2018

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

Case Result: The Pennsylvania Supreme Court reversed the judgment of the Commonwealth Court, which dismissed in its entirety the Commonwealth of Pennsylvania’s claims against 36 nursing homes and their parent companies under the state’s unfair deceptive trade practices and consumer protection law.  The Pennsylvania Supreme Court held that: (1) the Commonwealth is a “person in interest” under the consumer protection statute who could sue for restoration of Medicaid public funds that it paid for services whose quality and type were misrepresented by Defendants; (2) the alleged fraudulent statements Defendants made in marketing materials were not puffery as a matter of law; and (3) statements about services in bills, care plans, and resident assessments were actionable under the consumer protection statute.  The Court affirmed the dismissal of the unjust enrichment claims because the complaint did not contain sufficient facts to plead the necessary piercing of the corporate veil.  The Commonwealth can now proceed to discovery and litigate the claims against the nursing homes.

Case: Charter Advanced Services v. Lange

Court: U.S. Ct. App. 8th Cir.  Docket: 17-2290

Decided: 9/7/2018

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

Case Result: The panel affirmed, 2 to 1, the district court decision holding that the Voice over Internet Protocol (VoIP) is an "Information Service" pursuant to the Telecommunications Act of 1996, such that state regulation is preempted.

Case Name: Biestek v. Berryhill

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

Filed: 9/4/2018

Read Amicus Brief (PDF)  

Case Issue: Do applicants for Social Security disability benefits have the right to review job data that is used to deny them benefits?

Case Name: Wetzel v. Glen St. Andrew Living Community

Court: U.S. Ct. App. 7th Cir. Docket: 17-1322

Decided: 8/27/2018

Read Brief (PDF) and Opinion (PDF)

Case Result: The court held that landlords are liable under the FHA for failing to take reasonable steps within their control to prevent or correct known harassment on the basis of sexual orientation, even when the landlord did not have discriminatory intent. 

Case Name: Dolin v. GlaxoSmithKline

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

Decided: 8/22/2018

Read AARP's Amicus Brief (PDF) and Decision (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: Munro v. Univ. of S. Cal.

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

Decided: 7/24/2018

Read AARP's Amicus Brief (PDF) and Decision

Case Result: The court denied USC's motion to compel arbitration because the Retirement Plan was not a party to the arbitration agreement. 

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: Mt. Lemmon Fire Dist. v. Guido & Rankin

Court: U.S. Supreme Court    Docket: 17-587

Decided: 7/12/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Does the ADEA's definition of "employer," Section 630(b), cover non-federal government entities with fewer than twenty employees?

Case Name: MW & 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

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: Stewart v. Azar

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

Decided: 6/29/2018

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

Case Result: The district court found that HHS's approval of Kentucky's Medicaid waiver was invalid and sent the waiver application back to the agency. 

Case Name: Texas v. United States

Court: U.S. Dist. Ct. ND Tex.    Docket: 4:18-cv-00167

Filed: 6/14/2018

Read AARP's Brief (PDF) and Press Release

Case Issue: Is the ACA unconstitutional and, thereby, unenforceable now that Congress has reduced the tax penalty for noncompliance with the individual mandate to zero?

Case Name: Husted v. A. Philip Randolph Institute

Court: U.S. Supreme Court Docket: 16-980

Decided: 6/11/2018

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

Case Result: The Supreme Court reversed an order of the Sixth Circuit striking down Ohio's Supplemental Process for culling voter rolls for ineligible voters on grounds that they have moved or died.

Case Name: China Agritech v. Resh

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

Decided: 6/11/2018

Read Amicus Brief (PDF) and Decision (PDF)

Case Result: Court unanimously held that the American Pipe Tolling doctrine does not permit the filing of a subsequent class action lawsuit if certification is denied in a timely filed class action lawsuit.

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)

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: Epic Systems v. Lewis; NLRB v. Murphy Oil; Ernst & Young LLP v. Morris

Court: U.S. Supreme Court  Docket: 16-285; 16-300; 16-307

Decided: 5/21/2018

Read AARP's Amicus Brief (PDF)

Case Result: The Supreme Court ruled 5-4 that the Federal Arbitration Act (FAA) requires enforcement of an employer’s requirement that employees resolve legal disputes disputes with the employer in individual arbitration, and neither the FAA’s savings clause nor the National Labor Relations Act (NLRA) requires employees to be allowed to resolve such disputes collectively or as a class.

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: 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: Ass'n for Accessible Medicines v. Frosh

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

Decided: 4/13/2018

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

Case Result: A panel of three judges for the U.S. Court of Appeals for the Fourth Circuit held that Maryland's price gouging law violates the dormant commerce clause because it directly regulates the price of transactions that occur outside Maryland. Because the court decided the case on the dormant commerce clause claim it did not address whether the statute was also void for vagueness. The State of Maryland filed a petition for rehearing en banc on April 27, 2018.

Case Name: National Ass'n for Fixed Annuities v. DOL

Court: U.S. Ct. App. D.C. Cir. Docket: 16-5345

Dismissed: 3/23/2018

Read AARP's Amicus Brief (PDF) Order of Dismissal (PDF)

Case Result: The parties jointly stipulated to dismissal.

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

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

Decided: 2/20/2018

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

Case Result: The State of Maryland alleged that a chain of nursing facilities (“NMS”) engaged in a widespread pattern of unlawful involuntary discharges of residents, in violation of the Maryland Patient’s Bill of Rights.  The Maryland Attorney General sought to enjoin NMS from unlawfully discharging residents by requiring them to comply with the state and federal notice and discharge requirements and the requirement that they help residents apply for federal financial aid to pay for their care and stay.  The trial level court dismissed the complaint, holding that the Injunction and Enforcement Clauses of the Maryland Patient’s Bill of Rights authorized injunctive relief only for an individual resident named in the lawsuit, and did not grant the authority to ban company practices that affect a class of residents who had not yet been unlawfully evicted.  Maryland’s highest court reversed.

The Court held that the Patient’s Bill of Rights authorizes “the Attorney General to seek injunctive relief on behalf of multiple unnamed residents who have been, or await, imminent unlawful involuntary discharges, provided the statutory standard has been met.”  State v. Neiswanger Mgmt. Servs., LLC, 2018 Md. LEXIS 98, at *43 (citations omitted).  The Court also held that the Attorney General may seek injunctive relief “to enforce a facility’s obligation to ‘cooperate with and assist’ a resident or [resident’s] agent in seeking assistance from the medical assistance program…” to pay for the nursing facility stay.  Id. at *44.

Case Name: 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: Reagan-Diaz v. Sessions

Court: U.S. Ct. App. D.C. Cir  Docket: 17-5092

Filed: 2/9/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Must the federal government try to find reasonable accommodations for workers with disabilities who are receiving workers' compensation benefits?

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: Medina v. Catholic Health Initiatives

Court: U.S. Ct. App. 10th Cir.   Docket: 16-1005

Decided: 12/19/2017

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

Case Result: CHI was a church plan and thus not covered by the federal pension law, ERISA.

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: 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: 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.