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On the Docket

Current Litigation Cases

Follow cases in which attorneys with AARP Foundation represent a party. The cases listed in this docket are in reverse chronological order of the filing or decision dates. 

Recent Amicus Cases

The amicus cases in this docket appear in reverse chronoloical order of the filing or decision dates. 

Recent Cases

Hospital Workers' Suit Over Pension Can Proceed

Court decides that retired hospital workers in Schenectady, NY, can proceed with their lawsuit over the reduction or elimination of promised pension benefits. Read Court's Decision on Motion to Dismiss (PDF), Press Release and Watch

Defending the Right to Live Independently

A class-action suit on behalf of nursing facility residents in D.C. who are being denied the right to supportive care in their home communities goes to trial. Read  Announcement (PDF), Opening Brief (PDF), Appellant's Reply Brief (PDF) and Opinion (PDF)

N.H. Case Highlights Dangers of Institutional Care

Older adults and people with disabilities in New Hampshire may now proceed with a lawsuit over their right to avoid potentially dangerous nursing facility care and instead receive care in their own homes. Read Complaint (PDF), Press ReleaseArticleDecision on Motion to Dismiss (PDF), Press Release on Motion to Dismiss, Article on Motion

LGBT Surviving Spouses Get SSA Benefits

After amicus briefs filed by AARP Foundation and others, defendants/appellants dropped their appeals of a district court ruling that LGBT surviving spouses were entitled to survivors benefits. Read AARP Foundation Amicus Brief (PDF)

Critical Dental Care Protected

A district court in California granted AARP Foundation’s request to nullify (or “vacate”)  a decision by CMS that effectively eliminated access to critical dental care for Medicaid beneficiaries in California nursing facilities.. Read Complaint (PDF), Press ReleaseMotion for Summary Judgment (PDF), Decision (PDF)

Stricter Penalties for Nursing Facilities

After AARP Foundation filed suit, the Centers for Medicare and Medicaid Services reversed course and restored stricter per-day penalties for nursing facility violations that risked the health and well-being of residents. Read Complaint (PDF), Opening Press ReleaseArticle, NYT: Abelson ArticlePress Release (7/28/2021, CMS reversal on penalties) 

A Joint Campaign Between AARP Foundation Attorneys and The National Consumer Voice Vigorously Fights Elder Abuse in Nursing Facilities

Bruised Hands of Elderly Woman in Emergency Room

Talevski v. Health & Hospital Corp. of Marion Cty.  Consistent with our brief the Seventh Circuit found that the federal Nursing Home Reform Act creates a private right of action under section 1983 to enforce a violation of resident’s right to be free of chemical restraints and illegal discharges. Decision (PDF) (7/27/2021)

Summary Judgment Against Nursing Facility for Patient DumpingRead Decision Ruling (4/15/2021) and Complaint (PDF) "Her Son Says She Was a Victim of Nursing Home Dumping," by Jessica Ravitz, the case story about Gloria Single. Read more

"Finding Real Solutions for Behavioral Health Needs in Persons with Dementia," with Kelly Bagby, VP AARP Foundation Litigation; Sue Renz, Program Director/Senior Lecturer UPenn School of Nursing; Lori Smetanka, moderator, The National Consumer Voice for Quality Long-Term Care.

"Avoiding Drugs as Chemical Restraints," a discussion between AARP Foundation Litigation Attorney, Kelly Bagby with partnering organization The National Consumer Voice for Quality Long-Term Care's Lori Smetanka, July 8, 2020.