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Docket: Recent Case Activity (Filed / Decided)

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)

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)

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: Single v. Catholic Pioneer Church Homes

Court: Superior Ct., State of Cal., County of Sacramento    Docket: 2017-00220058

Filed: 10/4/2017

Read Complaint (PDF) and Press Release

Case Issue: Can a nursing facility refuse to readmit a resident who has exercised her administrative due process rights and won the right to readmission?

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.

Case Name: California Advocates for Nursing Home Reform (CANHR)

Court: Ct. App. State of Cal., First Appellate Div. Docket: A147987

Filed: 9/29/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Is it constitutional for California nursing facilities to substitute their own judgment for that of residents who do not lack capacity to make their own decisions?

Case Name: Market Synergy Group v. DOL

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

Filed: 9/27/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Did the Department of Labor violate the Administrative Procedure Act in adopting the Conflict of Interest/Fiduciary Rule to reduce conflict of interests for participants in their retirement accounts, particularly with regard to fixed index annuities?

Case Name: Husted v. A. Philip Randolph Institute

Court: U.S. Supreme Court Docket: 16-890

Read AARP's Amicus Brief (PDF)

Filed:  9/22/2017

Case Issue: Does the National Voter Registration Act (NVRA) permit the State of Ohio to trigger its "Supplemental Process" for purging registered voters, due to a supposition that they have moved, based on such voters' failure to vote in a single federal election?

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

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

Filed: 9/22/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Did the Department of Labor violate the Administrative Procedure Act in adopting the Conflict of Interest/Fiduciary Rule to reduce conflict of interests for participants in their retirement accounts, particularly with regard to fixed index annuities?

Case Name: Brown v. District of Columbia (formerly known as Thorpe v. District of Columbia)

Court: U.S. Dist. Ct. D.C.    Docket: 1:10-cv-02250-ESH

Decided: 9/18/2017

Read Opinion (PDF)

Case Result: Court ruled that the Plaintiffs did not prove systemic deficiencies that could be resolved with class-wide injunctive relief. 

Case Name: Levine v. Ventura Convalescent Hospital

Court: Superior Court of Ventura, CA    Docket: 56-2011-00406719

Closed: 9/15/2017

Read Summary and Press Release

Case Result: Case settled in 2014 with court ordered injunction, fees and costs awarded and court monitoring for three years--monitoring now complete. 

Case: Charter Advanced Services v. Lange

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

Filed: 9/6/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Are interconnected Voice over Internet Protocol (VoIP) services "information services" that are exempt from traditional regulation of telecommunication carriers, and if so, does federal law preempt state regulation of services classified as information services?

Case Name: Office of Civil Rights, HHS v. California

Court: Office of Civil Rights for HHS

Filed: 8/16/2017

Read Administrative Complaint and CMS Letter to DHCS

Case Issue: Can the federal government compel the State of California to enforce against nursing facilities that illegally dump residents from their facilities in violation of due process rights?

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

Filed: 8/16/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Does the National Labor Relations Act guarantee workers a right to pursue group action against their employer to challenge unfair working conditions if they waive such a right in their employment contract?


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

Court: Pa. Supreme Court Docket: 16 MAP 2017

Filed: 8/16/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Did the court properly dismiss Pennsylvania's consumer protection complaint by holding that nursing facilities' representations about services they promised to provide to residents were mere exaggerations that no reasonable person would rely on, or should the court have allowed discovery to determine if the representations were potentially deceptive and misleading to prospective residents?

Case: Wayside Church v. Van Buren County

Court: U.S. Supreme Court Docket: 17-88

Filed: 8/14/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Does a taking, without just compensation in violation of the Takings Clause of the Fifth Amendment, occur where a state law requires that surplus equity from a property sold to collect delinquent property taxes be deposited into the state general fund rather than returned to the property's former owner?

Case Name: Graff v. Heritage Manor at Slidell

Court: U.S. Dist. Ct. ED La.  Docket: 17-cv-06812-KDE-JCW

Filed: 7/17/2017

Read Complaint (PDF) and Press Release (PDF)

Case Issue: Under the Americans with Disabilities Act, the Fair Housing Act, and the Louisiana Nursing Home Residents Bill of Rights does a nursing facility resident with communications disabilities have the right to have a video camera placed in her room to facilitate communication with others, including her curator?


Case Name: Ariana M. v. Humana Health Plan of Texas

Court: U.S. Ct. App. 5th Cir.   Docket: 16-20174

Decided: 7/10/2017

Read AARP's Amicus Brief (PDF)

Case Result: Court granted rehearing to decide the proper standard of judicial review in benefit disputes.


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

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

Filed: 7/6/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Did the Department of Labor violate the Administrative Procedure Act, the Federal Arbitration Act and the First Amendment of the U.S. Constitution in adopting the Conflict of Interest/Fiduciary Rule to reduce conflict of interests for participants in their retirement accounts?


Case Name: Osberg v. Foot Locker Retirement Plan

Court: U.S. Ct. App. 2d Cir.    Docket: 15-3602-cv

Decided: 7/6/2017

Read AARP's Amicus Brief (PDF)

Case Result: Foot Locker must pay workers higher pension benefits to correct a 1996 retirement plan change that amounted to an impermissible and undisclosed benefit freeze. The court said the workers weren't required to show on an individual basis that they detrimentally relied on Foot Locker's statements about their pensions.


Case Name: Villarreal v. R.J. Reynolds Tobacco

Court: U.S. Supreme Court    Docket: 16-971

Decided: 6/26/2017

Read AARP's Amicus Brief  (PDF)

Case Result: The Supreme Court denied the petition for certiorari that would have resolved the issue of whether applicants can bring disparate impact hiring claims under the ADEA. The issue is still being litigated in two AFL litigation cases, Kleber v. CareFusion and Rabin v. Price WaterhouseCoopers.

Case Name: D.L. v. District of Columbia

Court: U.S. Ct. App. D.C. Cir.  Docket: 16-7076

Decided: 6/23/2017

Read AARP's Amicus Brief (PDF)

Case Result: The Court of Appeals affirmed the District Court's decision in every respect holding that the class definitions met the commonality and typicality requirements and that the injunctive relief requiring the District to meet numerical benchmarks and make programmatic changes was appropriate. 


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

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

Filed: 6/15/2017

Read Brief (PDF)

Case Issue: Under the Fair Housing Act, is a housing provider liable for failing to promptly correct and end tenant-on-tenant harassment on its property?

Case Name: Hart v. Berryhill

Court: U.S. Ct. App. 4th Cir.  Docket: 16-1371

Decided: 6/7/2017

Read AARP's Amicus Brief (PDF) and Article

Case Result: The Treasury Dept. agreed to stop seizing tax refunds to pay off old family debts and issued Emergency Message, EM-17014 to its staff. As a result, approximately 65,000 people are now eligible to recover up to $56 million in refunds. 

Case Name: Sandoz v. Amgen

Court: U.S. Supreme Court   Docket: 15-1039

Decided: 6/5/2017 

Read AARP's Amicus Brief (PDF) and Article

Case Result: Consistent with our brief, a unanimous court held that under the Biologics Price Competition and Innovation Act of 2009 (BPCIA), a generic biosimilar applicant may provide notice of commercial marketing prior to obtaining licensure from the FDA. Amgen argued that such marketing resulted in extended exclusivity for its monopoly power. The court's decision speeds up the time for generic biosimilars to enter the market, to the benefit of consumers. The court also held that the BPCIA is not enforceable by injunction under federal law, an issue that we did not address.

Case Name: Advocate Health Care Network v. Stapleton consolidated with Saint Peter's Healthcare System v. Kaplan and Dignity Health v. Rollins

Court: U.S. Supreme Court   Docket: 16-74, 16-86, 16-258

Decided: 6/5/2017

Read AARP's Amicus Brief (PDF) and Article

Case Result: In an 8-0 decision, the U.S. Supreme Court held that the Employee Retirement Income Security Act (ERISA) exempts from its protections defined-benefit pension plans maintained not only by churches but also by organizations controlled by or affiliated with churches, even if the plans were not initially established by churches. We argued that Congress did not intend for ERISA's "church plan" exemption to reach organizations, such as multi-billion-dollar hospital chains, that provide commercially profitable secular services that were not initially provided by employees of a church. 

Case Name: Weatherford v. City of San Rafael

Court: Cal. Supreme Ct.  Docket: S219567

Decided: 6/5/2017

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

Case Result:  The California Supreme Court held that state law allowed taxpayers beyond property and business owners to challenge unlawful government policies. AARP joined three other organizations to support this broader interpretation of the statute.

Case Name: U.S. ex rel. Colquitt v. Abbott Labs

Court: U.S. Ct. App. 5th Cir. Docket: 16-10814

Decided: 5/31/2017

Read Decision

Case Result: In our lawsuit, the court affirmed the district court's decision and jury verdict in favor of Abbott Labs. We represented whistleblower Kevin Colquitt in a False Claims Act challenging the off-label marketing and use of stents for purposes not approved by the FDA. 

Case Name: Impression Products v. Lexmark International

Court: U.S. Supreme Ct.  Docket: 15-1189

Decided: 5/30/2017

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

Case Result: In a landmark decision, the Court held that while patent owners are free to set the price and negotiate contracts with purchasers, once an item is sold, a patent owner may not, by virtue of its patent, control the use or disposition of the product after ownership passes to the purchaser.

Case Name: Hall v. Minnesota

Court: Minn. Supreme Court    Docket: A16-0874

Filed: 5/25/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Does Minnesota's Unclaimed Property Act (MUPA) violate constitutional guarantees of due process and just compensation for takings because it allows the State to deem private personal property abandoned after three years and to take such property for its own use: (a) without adequate notice to the original owner and (b) without payment of compensation, including interest, to the property holder if subsequently claimed by the original owner

Case Name: Kindred Nursing Ctrs v. Clark

Court: U.S. Supreme Court    Docket: 16-32  

Decided: 5/15/2017

Read AARP's Amicus Brief (PDF)

Case Result: The U.S. Supreme Court invalidated Kentucky Supreme Court rule requiring power of attorney (PoA) documents to specifically grant PoAs the authority to consent to arbitration. 

Case Name: McLeod v. General Mills

Court: U.S. Ct. App. 8th Cir.   Docket: 15-3540

Decided: 5/11/2017

Read AARP's Amicus Brief (PDF)

Case Result: The Court of Appeals reversed the district court's decision denying General Mills' motion to compel arbitration. The court also vacated the district court's decision that, under the Older Workers Benefit Protection Act, it was for the court to decide in the first instance whether the plaintiffs' waiver of ADEA claims, in the severance agreement they signed upon termination by General Mills, was valid. The court remanded the case to be sent to arbitration and to be dismissed or to be stayed pending the outcome of arbitration

Case Name: Russell v. Phillips 66

Court: U.S. Ct. App. 10th Cir. Docket: 16-5063

Decided: 05/04/2017

Read AARP's Amicus Brief (PDF)

Case Result: The Court of Appeals found that Russell had not presented enough evidence to show that his depression substantially limited any major life activity, so he had not shown that he has a "disability" under the Americans with Disabilities Act. Because the court found that Russell did not have a covered disability, it did not decide whether Russell's employer discriminated against him when it failed to reassign him to a vacant position for which he was qualified. 

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