AARP Foundation Legal Advocacy Consumer and Utilities Do
AARP Foundation - Legal Advocacy: Consumer and Utilities Do... What We Do
Court: Florida Supreme Court Docket: SC19-1920 Decided: 6/24/2021 Read AARP's (PDF) and (PDF)
Case Issue: Is a widowed spouse of homeowner, with a reverse mortgage on their marital home, protected from foreclosure because she is a “surviving borrower” of a federally insured Home Equity Conversion Mortgage that protects either spouse from being forced to sell the home to repay the loan while at least one of them continues to live in the property? Case Name: Shakespeare v. Live Well Financial (consumer)
Court: U.S. Dist. Ct. ED N.Y. (U.S. Ct. App. Second Circuit) Docket: 18-7299 (20-3533) Filed in District Court: 12/21/2018 Decision in Appellate Court: 5/26/2021 Read (PDF) and (PDF) , in U.S. Ct. App. 2d Cir. (PDF) Issue in the U.S. District Court ED N.Y.: Did Live Well Financial and Celink violate reverse mortgage contracts and applicable law by prepaying property taxes of older homeowners without legal authority and without notice, and then wrongfully demanding repayment out of personal funds? Case Result from the U.S. Ct. App. Second Circuit: The Second Circuit reversed the district court’s dismissal of the claims against Celink and remanded the case to the district for further proceedings. The court also affirmed the dismissal of the claims against Reverse Mortgage Funding, LLC. Case Name: Impax Laboratories v. FTC
Court: U.S. Ct. App. 5th Cir. Docket: 19-60394 Decided: 4/13/2021 Read AARP's (PDF) and (PDF)
Case Result: The Fifth Circuit denied Impax Laboratories’s petition for review and upheld the Federal Trade Commission’s ruling that the company violated antitrust laws when it accepted $100 million worth of payments to delay the entry of its generic drug for more than two years. Case Name: Ohio v. Energy Harbor Corp.
Court: Ohio Court of Common Pleas Docket: 20 CV 07386 Decided: 12/21/2020 Read AARP (PDF) Case Result: On December 21, 2020, the Ohio Court of Common Pleas (Franklin County) issued a preliminary injunction halting the payment of 2020 nuclear subsidies by Ohio electricity rate payers, pending resolution of an underlying complaint by Ohio AG for an order permanently enjoining payment of all such subsidies over the next years, totaling over $1 billion. Case Name: Chancellor Senior Management v. McGraw
Court: West Virginia Supreme Court of Appeals Docket: 20-0794 Filed: 11/6/2020 Case Issue: Did the lower court err in denying Chancellor's Motion to Compel Arbitration? Are arbitration provisions incorporated into the residency agreement of an assisted living facility resident enforceable despite their noncompliance with the AHLA rules designated to govern them? Case Name: Rafaeli v. Oakland County, Mich.
Court: Michigan Supreme Court Docket: 156849 Decided: 7/17/2020 Read AARP's (PDF) and (PDF) Care Issue: Does a local government violate the federal and state takings clauses by retaining proceeds from the sale of tax-foreclosed property, where the sale yields a windfall surplus over the amount of the tax delinquency? Case Result: Reversed decision of intermediate Michigan appellate court dismissing plaintiffs' state constitutional claims. Case Name: Brookdale Senior Living v. Weir
Court: U.S. Dist. Ct. WD North Carolina Docket: 20-00293 Filed: 5/26/2020 Read (PDF) and Case Issue: Does the arbitration agreement signed by Jean Howard, a former resident of a Brookdale Senior Living facility, allow for class-wide arbitration? And does the agreement require this question to be decided by an arbitrator, instead of a judge? Case Name: Gunza v. Brookdale Senior Living
Court: U.S. Dist. Ct. MD Tenn. Docket: 20-00353 Filed: 4/24/2020 Read (PDF) and Case Issue: Did Brookdale deceive class members in violation of state consumer protection statutes when it promised to provide care based on residents' assessed care needs but, in reality, provided care based on pre-determined profit goals set by the company's headquarters?
Case Name: Association for Accessible Medicines v. Becerra Court: U.S. Ct. App. 9th Cir. Docket: 20-15014 Filed: 3/5/2020 Read AARP's (PDF)
Case Issue: Did the district court abuse its discretion when it denied the Association of Accessible Medicine’s request to stop the State of California from enforcing its pay-for-delay law while the case is litigated? Case Name: Maddox v. Bank of New York Mellon Trust
Court: U.S. Ct. App. 2d Cir. Docket: 19-1774 Filed: 2/26/2020 Read (PDF) Case Issue: Can a borrower seek damages in federal court for a mortgage lender's violation of state law? Case Name: FTC v. Abbvie
Court: U.S. Ct. App. 3d Cir. Docket: 18-2621, 18-2748, 18-2758 Decided: 9/30/2020 Read AARP's (PDF) and (PDF) Case Result: The FTC had obtained a ruling in federal district court that two pharmaceutical companies had committed antitrust violations under the FTC Act by taking action to delay the market entry of a lower-priced generic drug. The court had awarded consumer redress of $448 million based on FTC’s claimed authority to seek monetary redress when bringing permanent injunction actions, a position that had been upheld by the vast majority of courts over three decades. A three-judge panel ruled that Congress had not expressly or impliedly granted that authority to the FTC in the statute creating that permanent injunction authority (15 U.S.C. 57b(b)). Case Name: Bright v. Brookdale Senior Living
Court: U.S. Dist. Ct. EMD Tenn Docket: 19-cv-00374 AARP Joined: 8/14/2019 Read (PDF) Case Issue: Did Brookdale deceive class members in violation of state consumer protection statutes when it promised to provide care based on residents' assessed care needs but, in reality, provided care based on pre-determined profit goals set by the company's headquarters? Case Name: FTC v. Quincy Bioscience Holding Co.
Court: U.S. Ct. App. 2d Cir. Docket: 17-3745 Decided: 2/21/2019 Read AARP's (PDF) Case Result: The appellate court reversed the dismissal of the claims that Prevagen is deceptively advertised. Case Name: Gish (Matter of the Estate) v. Wells Fargo Bank
Court: New Mexico State Ct., Santa Fe Cty. Docket: D-101-PB-2015-00006 Read (PDF) (PDF) (PDF)
AARP Joins as Co-Counsel: 6/21/2018 Case Issue: Did Wells Fargo violate state and federal law when it originated a reverse mortgage loan that cost a borrower more than the loan for which the applicant applied and was approved; did Wells Fargo have standing to foreclose on the loan? Case Name: Knick v. Township of Scott Court: U.S. Supreme Court Docket: 17-647 Filed: 6/5/2018 Read AARP's(PDF) and (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: McNair v. Johnson & Johnson
Court: Supreme Court of West Virginia Docket: 17-0519 Filed: 10/30/2017 Read AARP's (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: McGraw v. Chancellor Senior Management, LTD Court: Circuit Ct., Raleigh County, WV Docket: 16-C-698 AARP Joined Case: 10/16/2017 Read (PDF) Case Issue: Are Chancellor's practices of marketing certain levels of services, assessing care needs at admission, and charging fees based on those needs; but then, failing to have sufficient staff to actually meet those needs unfair or deceptive acts or practices under West Virginia's consumer protection statute? Cancel You are leaving AARP.org and going to the website of our trusted provider. The provider’s terms, conditions and policies apply. Please return to AARP.org to learn more about other benefits. Your email address is now confirmed. You'll start receiving the latest news, benefits, events, and programs related to AARP's mission to empower people to choose how they live as they age. You can also by updating your account at anytime. You will be asked to register or log in. Cancel Offer Details Disclosures
Docket Consumer Litigation
Case Name: WVMF Funding v. PalmeroCourt: Florida Supreme Court Docket: SC19-1920 Decided: 6/24/2021 Read AARP's (PDF) and (PDF)
Case Issue: Is a widowed spouse of homeowner, with a reverse mortgage on their marital home, protected from foreclosure because she is a “surviving borrower” of a federally insured Home Equity Conversion Mortgage that protects either spouse from being forced to sell the home to repay the loan while at least one of them continues to live in the property? Case Name: Shakespeare v. Live Well Financial (consumer)
Court: U.S. Dist. Ct. ED N.Y. (U.S. Ct. App. Second Circuit) Docket: 18-7299 (20-3533) Filed in District Court: 12/21/2018 Decision in Appellate Court: 5/26/2021 Read (PDF) and (PDF) , in U.S. Ct. App. 2d Cir. (PDF) Issue in the U.S. District Court ED N.Y.: Did Live Well Financial and Celink violate reverse mortgage contracts and applicable law by prepaying property taxes of older homeowners without legal authority and without notice, and then wrongfully demanding repayment out of personal funds? Case Result from the U.S. Ct. App. Second Circuit: The Second Circuit reversed the district court’s dismissal of the claims against Celink and remanded the case to the district for further proceedings. The court also affirmed the dismissal of the claims against Reverse Mortgage Funding, LLC. Case Name: Impax Laboratories v. FTC
Court: U.S. Ct. App. 5th Cir. Docket: 19-60394 Decided: 4/13/2021 Read AARP's (PDF) and (PDF)
Case Result: The Fifth Circuit denied Impax Laboratories’s petition for review and upheld the Federal Trade Commission’s ruling that the company violated antitrust laws when it accepted $100 million worth of payments to delay the entry of its generic drug for more than two years. Case Name: Ohio v. Energy Harbor Corp.
Court: Ohio Court of Common Pleas Docket: 20 CV 07386 Decided: 12/21/2020 Read AARP (PDF) Case Result: On December 21, 2020, the Ohio Court of Common Pleas (Franklin County) issued a preliminary injunction halting the payment of 2020 nuclear subsidies by Ohio electricity rate payers, pending resolution of an underlying complaint by Ohio AG for an order permanently enjoining payment of all such subsidies over the next years, totaling over $1 billion. Case Name: Chancellor Senior Management v. McGraw
Court: West Virginia Supreme Court of Appeals Docket: 20-0794 Filed: 11/6/2020 Case Issue: Did the lower court err in denying Chancellor's Motion to Compel Arbitration? Are arbitration provisions incorporated into the residency agreement of an assisted living facility resident enforceable despite their noncompliance with the AHLA rules designated to govern them? Case Name: Rafaeli v. Oakland County, Mich.
Court: Michigan Supreme Court Docket: 156849 Decided: 7/17/2020 Read AARP's (PDF) and (PDF) Care Issue: Does a local government violate the federal and state takings clauses by retaining proceeds from the sale of tax-foreclosed property, where the sale yields a windfall surplus over the amount of the tax delinquency? Case Result: Reversed decision of intermediate Michigan appellate court dismissing plaintiffs' state constitutional claims. Case Name: Brookdale Senior Living v. Weir
Court: U.S. Dist. Ct. WD North Carolina Docket: 20-00293 Filed: 5/26/2020 Read (PDF) and Case Issue: Does the arbitration agreement signed by Jean Howard, a former resident of a Brookdale Senior Living facility, allow for class-wide arbitration? And does the agreement require this question to be decided by an arbitrator, instead of a judge? Case Name: Gunza v. Brookdale Senior Living
Court: U.S. Dist. Ct. MD Tenn. Docket: 20-00353 Filed: 4/24/2020 Read (PDF) and Case Issue: Did Brookdale deceive class members in violation of state consumer protection statutes when it promised to provide care based on residents' assessed care needs but, in reality, provided care based on pre-determined profit goals set by the company's headquarters?
Case Name: Association for Accessible Medicines v. Becerra Court: U.S. Ct. App. 9th Cir. Docket: 20-15014 Filed: 3/5/2020 Read AARP's (PDF)
Case Issue: Did the district court abuse its discretion when it denied the Association of Accessible Medicine’s request to stop the State of California from enforcing its pay-for-delay law while the case is litigated? Case Name: Maddox v. Bank of New York Mellon Trust
Court: U.S. Ct. App. 2d Cir. Docket: 19-1774 Filed: 2/26/2020 Read (PDF) Case Issue: Can a borrower seek damages in federal court for a mortgage lender's violation of state law? Case Name: FTC v. Abbvie
Court: U.S. Ct. App. 3d Cir. Docket: 18-2621, 18-2748, 18-2758 Decided: 9/30/2020 Read AARP's (PDF) and (PDF) Case Result: The FTC had obtained a ruling in federal district court that two pharmaceutical companies had committed antitrust violations under the FTC Act by taking action to delay the market entry of a lower-priced generic drug. The court had awarded consumer redress of $448 million based on FTC’s claimed authority to seek monetary redress when bringing permanent injunction actions, a position that had been upheld by the vast majority of courts over three decades. A three-judge panel ruled that Congress had not expressly or impliedly granted that authority to the FTC in the statute creating that permanent injunction authority (15 U.S.C. 57b(b)). Case Name: Bright v. Brookdale Senior Living
Court: U.S. Dist. Ct. EMD Tenn Docket: 19-cv-00374 AARP Joined: 8/14/2019 Read (PDF) Case Issue: Did Brookdale deceive class members in violation of state consumer protection statutes when it promised to provide care based on residents' assessed care needs but, in reality, provided care based on pre-determined profit goals set by the company's headquarters? Case Name: FTC v. Quincy Bioscience Holding Co.
Court: U.S. Ct. App. 2d Cir. Docket: 17-3745 Decided: 2/21/2019 Read AARP's (PDF) Case Result: The appellate court reversed the dismissal of the claims that Prevagen is deceptively advertised. Case Name: Gish (Matter of the Estate) v. Wells Fargo Bank
Court: New Mexico State Ct., Santa Fe Cty. Docket: D-101-PB-2015-00006 Read (PDF) (PDF) (PDF)
AARP Joins as Co-Counsel: 6/21/2018 Case Issue: Did Wells Fargo violate state and federal law when it originated a reverse mortgage loan that cost a borrower more than the loan for which the applicant applied and was approved; did Wells Fargo have standing to foreclose on the loan? Case Name: Knick v. Township of Scott Court: U.S. Supreme Court Docket: 17-647 Filed: 6/5/2018 Read AARP's(PDF) and (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: McNair v. Johnson & Johnson
Court: Supreme Court of West Virginia Docket: 17-0519 Filed: 10/30/2017 Read AARP's (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: McGraw v. Chancellor Senior Management, LTD Court: Circuit Ct., Raleigh County, WV Docket: 16-C-698 AARP Joined Case: 10/16/2017 Read (PDF) Case Issue: Are Chancellor's practices of marketing certain levels of services, assessing care needs at admission, and charging fees based on those needs; but then, failing to have sufficient staff to actually meet those needs unfair or deceptive acts or practices under West Virginia's consumer protection statute? Cancel You are leaving AARP.org and going to the website of our trusted provider. The provider’s terms, conditions and policies apply. Please return to AARP.org to learn more about other benefits. Your email address is now confirmed. You'll start receiving the latest news, benefits, events, and programs related to AARP's mission to empower people to choose how they live as they age. You can also by updating your account at anytime. You will be asked to register or log in. Cancel Offer Details Disclosures