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Case Name: Tyler v. Hennepin Cnty (MN)
Court: U.S. Supreme Court Docket: 22-166
Read AARP's Amicus Brief (PDF)
Filed: 3/6/2023
Case Issues: (1) Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment's takings clause; and (2) whether the forfeiture of property worth far more than needed to satisfy a debt, plus interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment.
Case Name: Heredia v. Sunrise Senior Living, LLC
Court: U.S. Ct. App. 9th Cir. Docket: 22-55332
Read AARP's Amicus Brief (PDF)
Filed: 2/3/2023
Case Issues: Whether the District Court properly certified a class of assisted living facility residents in litigation against Sunrise arising from its misrepresentations that residents can have “peace of mind” to “age in place” and receive sufficient staffing at its facilities “365 days a week” to fulfill their needs in violation of California consumer protection statutes.
Case Name: Tyler v. Hennepin Cnty (MN)
Court: U.S. Supreme Court Docket: 22-166
Read AARP's Amicus Brief (PDF)
Filed: 1/23/2023
Case Issues: Should the Supreme Court grant review of, and overturn, the Eighth Circuit’s ruling that it was permissible under the U.S. Constitution “Takings Clause” for Minnesota property tax authorities to permanently seize all $40,000 of Geraldine Tyler’s home equity to collect a mere $15,000 debt, the government keeping the $25,000 in “surplus equity” for public use without any compensation?
Case Name: Cagle v. NHC Healthcare
Court: U.S. Ct. App. 2d Cir. Docket: 22-2757
Read AARP's Amicus Brief (PDF)
Filed: 1/4/2023
Case Issue: Does the Public Readiness and Emergency Preparedness Act of 2005 completely preempt state law claims such that a nursing facility resident cannot bring a lawsuit in state court against a nursing facility for injuries and death caused during the COVID-19 pandemic? Does the federal officer removal statute also apply to such cases so that the cases must be removed to federal court?
Case Name: Haley v. TIAA
Court: U.S. Ct. App. 2d Cir. Docket: 21-805
Decided: 12/22/2022
Read AARP Amicus Brief (PDF), Decision (PDF)
Case Issue: Can an exploitative loan program used by many employee benefit plans be challenged on a classwide basis?
Case Result: Haley brought a putative class action alleging that TIAA’s collateralized loan program, which is being used by hundreds of plans, violates ERISA’s prohibitions on loans to parties-in-interest and self-dealing. The district court certified plaintiffs’ proposed class. On appeal, the Second Circuit ruled that the lower court did not sufficiently consider TIAA’s defenses in deciding that class certification was appropriate, vacating the decision and remanding for further consideration.
Case Name: Health and Hosp. Corp. of Marion Cty, et al. v. Talevski
Court: U.S. Supreme Court Docket: 21-806
Read AARP's Amicus Brief (PDF)
Filed: 9/23/2022
Case Issue: This case presents two issues: (1) whether a private citizen can sue a public entity under Section 1983 of the Civil Rights Act to enforce federal civil rights created by legislation that Congress enacted under its Spending Clause Power: and (2) whether a nursing facility resident can sue a government-run nursing facility under Section 1983 for violating their Federal Nursing Home Reform Act right to be free of chemical restraints and illegal discharges.
Case Name: Metzgar v. U.A. Plumbers and Steamfitters Local No. 22 Pension Fund
Court: U.S. Ct. App. 2d Cir. Docket: 20-3791
Read AARP's Amicus Brief (PDF), Decision (PDF)
Decided: "6/2/2022 (petition for rehearing denied)"
Case Result: Plan administrator did not violate ERISA's fiduciary duty when it reinterpreted early retirement rights to prevent pensioners to continue working in a management (or other non-disqualifying) position, because the interpretation was not arbitrary or capricious and retirement plan administrator erroneously thought plan would lose its tax exempt status if early retirees continued working in non-disqualifying positions.
Case Name: Arellano v. McDonough
Court: U.S. Supreme Court Docket: 21-432
Filed: 5/20/2022
Read AARP Amicus Brief (PDF)
Case Issue: The central issue in this case is whether disabled veterans who miss a one-year statutory application deadline for disability benefits can be excused under the doctrine of equitable tolling, and retroactive benefits be restored, if it was their service-connected disability or other extreme circumstance that caused the delay.
Case Name: Cochran v. Gresham; Arkansas v. Gresham
Court: U.S. Supreme Court Docket: 20-37; 20-38
Decided: 4/18/2022
Read AARP Amicus Brief (PDF)
Case Result: The Supreme Court granted the Government’s motion to vacate the judgments of the District of Columbia Circuit, and remanded the case to the Circuit with instructions to direct the District Court to vacate its judgment and dismiss the cases as moot.
Case Name: Mississippi v. USA
Court: U.S. Ct. App. 5th Cir. Docket: 21-60772
Read AARP's Amicus Brief (PDF)
Filed: 4/5/2022
Case Issue: Did the district court erred in finding that the State of Mississippi violated the Americans with Disabilities Act when the State did not provide services to people with mental illness in the most integrated setting appropriate to their needs?
Case Name: Our Lady of Consolation Care Ctr. v. Rivera-Zayas
Court: U.S. Ct. App. 2d Cir. Docket: 21-02164
Read AARP's Amicus Brief (PDF)
Filed: 4/4/2022
Case Issue: Does the Public Readiness and Emergency Preparedness Act of 2005 completely preempted state law claims brought during the pandemic such that a nursing facility resident cannot bring a lawsuit in state court against a nursing facility for injuries and death caused during the pandemic? Does the federal officer removal statute apply to cases that nursing facility residents bring during the pandemic?
Case Name: Cedarbrook Residential Ctr. v. North Carolina Department of Health and Human Services