AFLDocket Health Legal Advocacy
AFLDocket Health - Legal Advocacy Legal Advocacy
Case Name: Ass'n for Molecular Pathology v. Myriad Genetics
Court: U.S. Supreme Court Docket: 11-725
Read AARP's (PDF) Case Result: The Court of Appeal's decision was vacated and the case is remanded for further consideration in light of Mayo v. Prometheus.
Case Name: Ass'n for Molecular Pathology v. Myriad Genetics
Court: U.S. Ct. App. Fed. Cir. Docket: 2010-1406
Read AARP's (PDF) Case Result: Isolated DNA is patentable because it does not exist in nature
Case Name: Astra USA v. Santa Clara
Court: U.S. Supreme Court Docket: 09-1273
Read AARP's (PDF) Case Issue: Can public health facilities (known as 340B entities) sue pharmaceutical companies for breach of contract as third-party beneficiaries when companies improperly charged prices higher than the amount they agreed to charge under an agreement with HHS as a condition of participation in Medicaid?
Case Name: Atlanta Oculoplastic Surgery v. Nestlehutt Court: Ga. Supreme Ct. Docket: S091432
Read AARP's (PDF)
Case Result: Court ruled that the State's cap on non-economic damages violates state's constitution because it deprives citizens of equal protection under the law and interferes with the right to have a jury decide damage amounts. Case Name: Ball v. Rodgers Court: U.S. Dist. Ct. Az. Docket: CV-00-67 Read Case Issue: Is Arizona's Medicaid Program jeopardizing the health, safety, and welfare of disabled citizens by failing to ensure the prescribed attendant care services, and by failing to give notice of denial of services and informing people of their Medicaid appeal rights, despite the fact that beneficiaries are entitled to medicaid home health related services to keep them at home rather than institutions? Case Name: Ball v. Rodgers Court: U.S. Ct. App. 9th Cir. Docket: 09-16022 Read
Case Issue: Does Arizona's failure to provide critical home care services in a timely manner violate the Medicaid freedom of choice provisions and the ADA? Case Name: Bayada Nurses, Inc. v. Pa. Dep't of Labor and Indus. Court: Pa. Supreme Ct. Docket: 67 MAP 2008 Read AARP's (PDF) Case Result: A third-party agency employer of home health care workers must pay overtime wages under state law.
Case Name: Bilski v. Kappos Court: U.S. Supreme Court Docket: 08-964 Read AARP's (PDF) Case Result: Court held that the claimed "business method" was not patent eligible but left unanswered which "business method" patents would be upheld in the future.
Case Name: Caraco Pharm. Laboratories v. Novo Nordisk A/S
Court: U.S. Supreme Court Docket: 10-844
Read AARP's (PDF)
Case Issue: Does the counterclaim provision of Hatch-Waxman apply when there is an approved method of using a drug that its brand-name manufacturer's patent does not claim, and the brand-name manufacturer submits patent ifnormation to the FDA that misstates the patent's scope, requiring correction?
Case Name: Ctr. for Special Needs Trusts Admin. v. Olson
Court: U.S. Ct. App. 8th Cir Docket: 11-2158 Read AARP's (PDF)
Case Issue: Is a federal agency letter that purports to interpret a statute due substantial deference in determining Medicaid eligibility, particularly when no regulation has been promulgated by the agency?
Case Name: Corum v. Roswell Senior Living Center, LLC Court: N.M. Ct. App. Docket: Ct. App. No. 28,314
Read AARP's (PDF) Case Result: A surrogate decision-maker cannot bind a resident of an assistant living center or other long tern care facility to an arbitration agreement unless the surrogate's authority is appropriately designated pursuant to the Uniform Health Care Decision Act.
Case Name: Cota v. Maxwell-Jolly Court: U.S. Ct. App. 9th Cir. Docket: 10-15635
Case Issue: Did California violate the ADA and Section 504 of the Rehabilitation Act by limiting coverage of Adult Day Health Care program to three days a week leaving participants at risk of institutionalization in nursing homes and was the preliminary injunction halting these cuts properly granted? Case Name: Darling v. Douglas
Court: U.S. Dist. Ct., ND Cal. Docket: #C 09-03798
Read Injunction 1 , Injunction 2 , Settlement
Case Issue: Did California violate the ADA and Section 504 of the Rehabilitation Act by changing eligibility requirements for the Adult Day Health Care program leaving participants at risk of institutionalization in nursing homes? Case Name: Day v. District of Columbia
Court: U.S. Dist. Ct. D.C. Docket: 1:10-cv-02250-ESH Read
Case Issue: Is D.C. violating the ADA by failing to make available services and support in appropriate, integrated community settings to disabled persons residing in Medicaid-funded nursing facilities, which thereby results in unnecessary institutionalization?
Case Name: Dickerson v. Longoria Court: Md. Ct. App. Docket: 110-2009 Term
Read AARP's (PDF) Case Result: Court found that arbitration provisions could not be enforced against estate of nursing facility resident because the relative who had signed agreement lacked authority to bind the resident.
Case Name: Disability Advocates, Inc. v. Paterson Court: U.S. Ct. App. 2d Cir. Docket: 10-767 Read AARP's (PDF) Case Issue: Must the state implement significant reforms to its home and community-based service delivery system to ensure that people with mental illness are not warehoused in adult homes? Case Name: Douglas v. Independent Living Center of S. Cal.
Court: U.S. Supreme Court Docket: 09-958, 09-1158, 10-283
Read AARP's (PDF)
Case Result: Court remanded case for further review after CMS approved non-retroactive Medicaid provider rate reductions.
Case Name: Emkes v. C.J. Court: U.S. Ct. App. 6th Cir. Docket: 10-6005 Case Reult: Case remanded to District Court to review motion to vacate attorney fee award.
Case Name: Florida v. Health & Human Serv. (U.S. Dept.)
Court: U.S. Supreme Court Docket: 11-400
Read AARP's (PDF)
Case Issue: Do the Medicaid expansion provisions of the Patient Protection and Affordable Care Act impremissibly coerce states into continuing their participation in the Federal-State cooperative Medicaid partnership?
Case Name: Florida v. Health & Human Serv. (U.S. Dept.)
Court: U.S. Ct. App. 11th Cir. Docket: 11-11021
Read AARP's (PDF)
Case Result: Minimum coverage requirement in the Affordable Care Act is unconstitutional, but severable from the Act, and that the Medicaid expansions provisions are constitutional.
Case Name: Grier v. Goetz Court: U.S. Dist. Ct. MD Tenn. Read
Case Issue: Do changed circumstances (i.e. primary budget issues) warrant revisions to a consent decree governing the TennCare program? Case Name: Health & Human Serv. (U.S. Dept.) v. Florida
Court: U.S. Supreme Ct. Docket: 11-398 Read AARP's (PDF) Case Issue: Is the minimum coverage provision in the Patient Protection and Affordable Care Act, which requires, with certain exceptions, individuals to purchase health insurance starting in 2014 constitutional? Case Name: Howell v. Hamilton Meats & Provisions, Inc. Court: Cal. Supreme Ct. Docket: S179115 Read AARP's (PDF) Case Result: An injured person may only recover in damages the amounts her insurer paid for her medical care.
Case Name: Hutchinson v. Patrick Court: U.S. Ct. App. 1st Cir. Docket: 10-1268 Read AARP's (PDF) Case Result: After the parties reached a negotiated settlement resolving the substance of a complicated class action which was approved by district court, the court awarded the plaintiffs attorneys' fees and expenses; on appeal, the court upheld the findings that plaintiffs were prevailing parties, relief obtained was sufficiently final to justify a fee award, and that the district court acted within its discretion in fixing the amount.
Case Name: Immel v. Lumpkin Court: U.S. Ct. App. 6th Cir. Docket: 09-3182 Read AARP's (PDF) Case Result: Appeal dismissed as moot due to death of appellant.
Case Name: Klotz v. Shapiro Court: Mo. Supreme Ct. Docket: SC90107
Read AARP's (PDF) Case Result: Retroactive application of statutory noneconomic damage caps violated Missouri constitution.
Case Name: Laizure v. Avante at Leesburg, Inc. Court: Fla. Supreme Ct. Docket: SC10-2132 Read AARP's (PDF) Case Issue: Does a nursing home arbitration agreement bind the family members of a neglect victim when they sue for wrongful death in Florida? Case Name: Lee v. Dudek Court: U.S. Dist. Ct. Fla. Docket: 4:08-cv-00026-RH-WCS
Read Case Issue: Is Florida violating the ADA by failing to make available services and support in appropriate, integrated community settings to disabled persons residing in Medicaid-funded nursing facilities, which thereby results in unnecessary institutionalization? Case Name: Louisiana Wholesale Drug Co. v. Bayer AG
Court: U.S. Supreme Court Docket: 10-762
Read AARP's (PDF)
Case Result: Court denied the petition for a writ of certiorari.
Case Name: Mass. v. Life Care Centers of Am., Inc. Court: Mass. Supreme Judicial Ct. Docket: No. AJC-10546 Read AARP's (PDF)
Case Result: Court held that corporate nursing facility chain could not be convicted for the death of a resident under theory of "collective knowledge". Case Name: Mayo Collaborative Servs. v. Prometheus Labs., Inc. Court: U.S. Supreme Court Docket: 10-1150 Read AARP's (PDF) Case Result: Court held invalid a patent as it only applied a law of nature including a method for determining the right dosage level of a specific class of drugs to give to a patient. Case Name: McCall v. U.S. Court: Fla. Supreme Court Docket: 11-1148 Read AARP's (PDF) Case Issue: Does a cap on non-economic damages in medical malpractice cases violate the Florida Constitution's right of access to court provision? Case Name: Miller v. Johnson Court: Kan. Supreme Ct. Docket: 08-99818-AS Read AARP's (PDF) Case Issue: Does Kansas' cap on damage awards for non-economic injuries violate the state constitution? Case Name: Nat'l Fed'n of Indep. Business v. Sebelius
Court: U.S. Supreme Court Docket: 11-393, 11-400
Read AARP's (PDF) Case Issue: If the Court invalidates the Affordable Care Act's (ACA) minimum coverage provision, should the entire ACA be invalidated?
Case Name: Oster v. Wagner Court: U.S. Ct. App. 9th Cir. Docket: 09-17581
Read and AARP's (PDF) Case Issue: Does state law reducing in home Medicaid services violate the Supremacy Clause? Case Name: Pitts v. Greenstein
Court: U.S. Dist. Ct. MD La. Docket: 3:10-cv-00635
Read
Case Issue: Do state cuts to Medicaid Long Term - Personal Care Services program put recipients at risk of institutionalization and therefore constitute discrimination based on disability in violation of the ADA and Section 504 of the Rehabilitation Act? Case Name: Pliva, Inc. v. Mensing Court: U.S. Supreme Court Docket: 09-993; 09-1039; 09-1501 Read AARP's (PDF) Case Result: Consumers of generic drugs which caused harm cannot bring state "failure to warn" claim because claim is preempted by federal labeling law.
Case Name: In re Reconsideration of Disapproval of California State Plan Amendments ("SPAS")
Court: Dept. of Health Care & Human Serv. Ctr. for Medicaid and Medicare Services Docket: 08-009A, 08-009B1, 08-009B2, 08-009D, 08-019 Read AARP's (PDF) Case Result: Administrative hearing dismissed after California withdrew its request for Reconsideration Case Name: Sanofi-Aventis v. FDA Court: U.S. Dist. Ct. D.C. Docket: 1:10-cv-01255-EGS
Read AARP's (PDF) Case Result: Court denied brand Rx manufacturer's motion for preliminary injunction to overturn the FDA's approval of generic Lovenox (enoxaparin) finding that the brand manufacturer, Sanofi-Aventis, is unlikely to succeed on the merits, that no parties are challenging the safety of the generic, and that Sanofi failed to establish that the public interest favors interim injunctive relief.
Case Name: Scampone v. Highland Park Care Center Court: Pa. Supreme Court Docket: Nos. 15 & 16 WAP, 2011 Read AARP's (PDF) Case Issue: Can a corporate nursing home company or management company be held liable for the abuse and neglect of a resident if those entities caused the understaffing that resulted in harm? Case Name: Schindler Elevator Corp. v. U.S. ex rel. Kirk Court: U.S. Supreme Court Docket: 10-188 Read AARP's (PDF) Case Result: Claims brought under the False Claims Act are not permitted when the claim is based on documents obtained under the Freedom of Information Act.
Case Name: Seven-Sky v. Holder Court: U.S. Ct. App. DC Cir. Docket: 11-5047 Read AARP's (PDF) Case Result: The minimum essential coverage provision in the Patient Protection and Affordable Care Act, which enables health insurance coverage for all Americans regardless of whether they have pre-existing or chronic health conditions, is constitutional.
Case Name: Shuts v. Covenant Holdco
Court: Cal. Ct. App. Docket: A132805 Read AARP's (PDF) Case Issue: Can court refuse to hear a case seeking damages for violations of state's Patient Bill of Rights when the nursing facility has violated the residents' rights to adequate staffing?
Case Name: Sorrell v. IMS Health, Inc. Court: U.S. Supreme Court Docket: 10-779 Read AARP's (PDF) Case Result: Vermont's restriction on the commercial sale of prescription drug prescriber-identifiable information violates First Amendment right to freedom of commercial speech.
Case Name: U.S. ex rel. Colquitt v. Abbott Labs
Court: U.S. Dist Ct. ND Tex. Docket: 06-cv-01769-M
Read
Case Issue: Did Defendants defraud Medicare and Medicaid by causing hospitals to submit false claims for medical devices that were implanted into patients for uses that FDA has not approved? Case Name: Virginia ex rel. Cuccinelli v. Sebelius Court: U.S. Ct. App. 4th Cir. Docket: 11-1057 Read AARP's (PDF) Case Result: Virginia lacks standing to challenge the minimum coverage requirement in the Patient Protection and Affordable Care Act. Case Name: Virginia Office for Protection & Advocacy v. Stewart Court: U.S. Supreme Court Docket: 09-529 Read AARP's (PDF)
Case Result: The state agency can sue its sister agency to facilitate its federal mandate to protect people with disabilities.
Docket Health
Case Name: APOTEX, Inc. v. Sebelius Court: U.S. Supreme Court Docket: No. 10-453 Read AARP's (PDF) Case Result: Petition for certiorari denied of decision which narrowly interpreted forfeiture provision of Hatch-Waxman Act.Case Name: Ass'n for Molecular Pathology v. Myriad Genetics
Court: U.S. Supreme Court Docket: 11-725
Read AARP's (PDF) Case Result: The Court of Appeal's decision was vacated and the case is remanded for further consideration in light of Mayo v. Prometheus.
Case Name: Ass'n for Molecular Pathology v. Myriad Genetics
Court: U.S. Ct. App. Fed. Cir. Docket: 2010-1406
Read AARP's (PDF) Case Result: Isolated DNA is patentable because it does not exist in nature
Case Name: Astra USA v. Santa Clara
Court: U.S. Supreme Court Docket: 09-1273
Read AARP's (PDF) Case Issue: Can public health facilities (known as 340B entities) sue pharmaceutical companies for breach of contract as third-party beneficiaries when companies improperly charged prices higher than the amount they agreed to charge under an agreement with HHS as a condition of participation in Medicaid?
Case Name: Atlanta Oculoplastic Surgery v. Nestlehutt Court: Ga. Supreme Ct. Docket: S091432
Read AARP's (PDF)
Case Result: Court ruled that the State's cap on non-economic damages violates state's constitution because it deprives citizens of equal protection under the law and interferes with the right to have a jury decide damage amounts. Case Name: Ball v. Rodgers Court: U.S. Dist. Ct. Az. Docket: CV-00-67 Read Case Issue: Is Arizona's Medicaid Program jeopardizing the health, safety, and welfare of disabled citizens by failing to ensure the prescribed attendant care services, and by failing to give notice of denial of services and informing people of their Medicaid appeal rights, despite the fact that beneficiaries are entitled to medicaid home health related services to keep them at home rather than institutions? Case Name: Ball v. Rodgers Court: U.S. Ct. App. 9th Cir. Docket: 09-16022 Read
Case Issue: Does Arizona's failure to provide critical home care services in a timely manner violate the Medicaid freedom of choice provisions and the ADA? Case Name: Bayada Nurses, Inc. v. Pa. Dep't of Labor and Indus. Court: Pa. Supreme Ct. Docket: 67 MAP 2008 Read AARP's (PDF) Case Result: A third-party agency employer of home health care workers must pay overtime wages under state law.
Case Name: Bilski v. Kappos Court: U.S. Supreme Court Docket: 08-964 Read AARP's (PDF) Case Result: Court held that the claimed "business method" was not patent eligible but left unanswered which "business method" patents would be upheld in the future.
Case Name: Caraco Pharm. Laboratories v. Novo Nordisk A/S
Court: U.S. Supreme Court Docket: 10-844
Read AARP's (PDF)
Case Issue: Does the counterclaim provision of Hatch-Waxman apply when there is an approved method of using a drug that its brand-name manufacturer's patent does not claim, and the brand-name manufacturer submits patent ifnormation to the FDA that misstates the patent's scope, requiring correction?
Case Name: Ctr. for Special Needs Trusts Admin. v. Olson
Court: U.S. Ct. App. 8th Cir Docket: 11-2158 Read AARP's (PDF)
Case Issue: Is a federal agency letter that purports to interpret a statute due substantial deference in determining Medicaid eligibility, particularly when no regulation has been promulgated by the agency?
Case Name: Corum v. Roswell Senior Living Center, LLC Court: N.M. Ct. App. Docket: Ct. App. No. 28,314
Read AARP's (PDF) Case Result: A surrogate decision-maker cannot bind a resident of an assistant living center or other long tern care facility to an arbitration agreement unless the surrogate's authority is appropriately designated pursuant to the Uniform Health Care Decision Act.
Case Name: Cota v. Maxwell-Jolly Court: U.S. Ct. App. 9th Cir. Docket: 10-15635
Case Issue: Did California violate the ADA and Section 504 of the Rehabilitation Act by limiting coverage of Adult Day Health Care program to three days a week leaving participants at risk of institutionalization in nursing homes and was the preliminary injunction halting these cuts properly granted? Case Name: Darling v. Douglas
Court: U.S. Dist. Ct., ND Cal. Docket: #C 09-03798
Read Injunction 1 , Injunction 2 , Settlement
Case Issue: Did California violate the ADA and Section 504 of the Rehabilitation Act by changing eligibility requirements for the Adult Day Health Care program leaving participants at risk of institutionalization in nursing homes? Case Name: Day v. District of Columbia
Court: U.S. Dist. Ct. D.C. Docket: 1:10-cv-02250-ESH Read
Case Issue: Is D.C. violating the ADA by failing to make available services and support in appropriate, integrated community settings to disabled persons residing in Medicaid-funded nursing facilities, which thereby results in unnecessary institutionalization?
Case Name: Dickerson v. Longoria Court: Md. Ct. App. Docket: 110-2009 Term
Read AARP's (PDF) Case Result: Court found that arbitration provisions could not be enforced against estate of nursing facility resident because the relative who had signed agreement lacked authority to bind the resident.
Case Name: Disability Advocates, Inc. v. Paterson Court: U.S. Ct. App. 2d Cir. Docket: 10-767 Read AARP's (PDF) Case Issue: Must the state implement significant reforms to its home and community-based service delivery system to ensure that people with mental illness are not warehoused in adult homes? Case Name: Douglas v. Independent Living Center of S. Cal.
Court: U.S. Supreme Court Docket: 09-958, 09-1158, 10-283
Read AARP's (PDF)
Case Result: Court remanded case for further review after CMS approved non-retroactive Medicaid provider rate reductions.
Case Name: Emkes v. C.J. Court: U.S. Ct. App. 6th Cir. Docket: 10-6005 Case Reult: Case remanded to District Court to review motion to vacate attorney fee award.
Case Name: Florida v. Health & Human Serv. (U.S. Dept.)
Court: U.S. Supreme Court Docket: 11-400
Read AARP's (PDF)
Case Issue: Do the Medicaid expansion provisions of the Patient Protection and Affordable Care Act impremissibly coerce states into continuing their participation in the Federal-State cooperative Medicaid partnership?
Case Name: Florida v. Health & Human Serv. (U.S. Dept.)
Court: U.S. Ct. App. 11th Cir. Docket: 11-11021
Read AARP's (PDF)
Case Result: Minimum coverage requirement in the Affordable Care Act is unconstitutional, but severable from the Act, and that the Medicaid expansions provisions are constitutional.
Case Name: Grier v. Goetz Court: U.S. Dist. Ct. MD Tenn. Read
Case Issue: Do changed circumstances (i.e. primary budget issues) warrant revisions to a consent decree governing the TennCare program? Case Name: Health & Human Serv. (U.S. Dept.) v. Florida
Court: U.S. Supreme Ct. Docket: 11-398 Read AARP's (PDF) Case Issue: Is the minimum coverage provision in the Patient Protection and Affordable Care Act, which requires, with certain exceptions, individuals to purchase health insurance starting in 2014 constitutional? Case Name: Howell v. Hamilton Meats & Provisions, Inc. Court: Cal. Supreme Ct. Docket: S179115 Read AARP's (PDF) Case Result: An injured person may only recover in damages the amounts her insurer paid for her medical care.
Case Name: Hutchinson v. Patrick Court: U.S. Ct. App. 1st Cir. Docket: 10-1268 Read AARP's (PDF) Case Result: After the parties reached a negotiated settlement resolving the substance of a complicated class action which was approved by district court, the court awarded the plaintiffs attorneys' fees and expenses; on appeal, the court upheld the findings that plaintiffs were prevailing parties, relief obtained was sufficiently final to justify a fee award, and that the district court acted within its discretion in fixing the amount.
Case Name: Immel v. Lumpkin Court: U.S. Ct. App. 6th Cir. Docket: 09-3182 Read AARP's (PDF) Case Result: Appeal dismissed as moot due to death of appellant.
Case Name: Klotz v. Shapiro Court: Mo. Supreme Ct. Docket: SC90107
Read AARP's (PDF) Case Result: Retroactive application of statutory noneconomic damage caps violated Missouri constitution.
Case Name: Laizure v. Avante at Leesburg, Inc. Court: Fla. Supreme Ct. Docket: SC10-2132 Read AARP's (PDF) Case Issue: Does a nursing home arbitration agreement bind the family members of a neglect victim when they sue for wrongful death in Florida? Case Name: Lee v. Dudek Court: U.S. Dist. Ct. Fla. Docket: 4:08-cv-00026-RH-WCS
Read Case Issue: Is Florida violating the ADA by failing to make available services and support in appropriate, integrated community settings to disabled persons residing in Medicaid-funded nursing facilities, which thereby results in unnecessary institutionalization? Case Name: Louisiana Wholesale Drug Co. v. Bayer AG
Court: U.S. Supreme Court Docket: 10-762
Read AARP's (PDF)
Case Result: Court denied the petition for a writ of certiorari.
Case Name: Mass. v. Life Care Centers of Am., Inc. Court: Mass. Supreme Judicial Ct. Docket: No. AJC-10546 Read AARP's (PDF)
Case Result: Court held that corporate nursing facility chain could not be convicted for the death of a resident under theory of "collective knowledge". Case Name: Mayo Collaborative Servs. v. Prometheus Labs., Inc. Court: U.S. Supreme Court Docket: 10-1150 Read AARP's (PDF) Case Result: Court held invalid a patent as it only applied a law of nature including a method for determining the right dosage level of a specific class of drugs to give to a patient. Case Name: McCall v. U.S. Court: Fla. Supreme Court Docket: 11-1148 Read AARP's (PDF) Case Issue: Does a cap on non-economic damages in medical malpractice cases violate the Florida Constitution's right of access to court provision? Case Name: Miller v. Johnson Court: Kan. Supreme Ct. Docket: 08-99818-AS Read AARP's (PDF) Case Issue: Does Kansas' cap on damage awards for non-economic injuries violate the state constitution? Case Name: Nat'l Fed'n of Indep. Business v. Sebelius
Court: U.S. Supreme Court Docket: 11-393, 11-400
Read AARP's (PDF) Case Issue: If the Court invalidates the Affordable Care Act's (ACA) minimum coverage provision, should the entire ACA be invalidated?
Case Name: Oster v. Wagner Court: U.S. Ct. App. 9th Cir. Docket: 09-17581
Read and AARP's (PDF) Case Issue: Does state law reducing in home Medicaid services violate the Supremacy Clause? Case Name: Pitts v. Greenstein
Court: U.S. Dist. Ct. MD La. Docket: 3:10-cv-00635
Read
Case Issue: Do state cuts to Medicaid Long Term - Personal Care Services program put recipients at risk of institutionalization and therefore constitute discrimination based on disability in violation of the ADA and Section 504 of the Rehabilitation Act? Case Name: Pliva, Inc. v. Mensing Court: U.S. Supreme Court Docket: 09-993; 09-1039; 09-1501 Read AARP's (PDF) Case Result: Consumers of generic drugs which caused harm cannot bring state "failure to warn" claim because claim is preempted by federal labeling law.
Case Name: In re Reconsideration of Disapproval of California State Plan Amendments ("SPAS")
Court: Dept. of Health Care & Human Serv. Ctr. for Medicaid and Medicare Services Docket: 08-009A, 08-009B1, 08-009B2, 08-009D, 08-019 Read AARP's (PDF) Case Result: Administrative hearing dismissed after California withdrew its request for Reconsideration Case Name: Sanofi-Aventis v. FDA Court: U.S. Dist. Ct. D.C. Docket: 1:10-cv-01255-EGS
Read AARP's (PDF) Case Result: Court denied brand Rx manufacturer's motion for preliminary injunction to overturn the FDA's approval of generic Lovenox (enoxaparin) finding that the brand manufacturer, Sanofi-Aventis, is unlikely to succeed on the merits, that no parties are challenging the safety of the generic, and that Sanofi failed to establish that the public interest favors interim injunctive relief.
Case Name: Scampone v. Highland Park Care Center Court: Pa. Supreme Court Docket: Nos. 15 & 16 WAP, 2011 Read AARP's (PDF) Case Issue: Can a corporate nursing home company or management company be held liable for the abuse and neglect of a resident if those entities caused the understaffing that resulted in harm? Case Name: Schindler Elevator Corp. v. U.S. ex rel. Kirk Court: U.S. Supreme Court Docket: 10-188 Read AARP's (PDF) Case Result: Claims brought under the False Claims Act are not permitted when the claim is based on documents obtained under the Freedom of Information Act.
Case Name: Seven-Sky v. Holder Court: U.S. Ct. App. DC Cir. Docket: 11-5047 Read AARP's (PDF) Case Result: The minimum essential coverage provision in the Patient Protection and Affordable Care Act, which enables health insurance coverage for all Americans regardless of whether they have pre-existing or chronic health conditions, is constitutional.
Case Name: Shuts v. Covenant Holdco
Court: Cal. Ct. App. Docket: A132805 Read AARP's (PDF) Case Issue: Can court refuse to hear a case seeking damages for violations of state's Patient Bill of Rights when the nursing facility has violated the residents' rights to adequate staffing?
Case Name: Sorrell v. IMS Health, Inc. Court: U.S. Supreme Court Docket: 10-779 Read AARP's (PDF) Case Result: Vermont's restriction on the commercial sale of prescription drug prescriber-identifiable information violates First Amendment right to freedom of commercial speech.
Case Name: U.S. ex rel. Colquitt v. Abbott Labs
Court: U.S. Dist Ct. ND Tex. Docket: 06-cv-01769-M
Read
Case Issue: Did Defendants defraud Medicare and Medicaid by causing hospitals to submit false claims for medical devices that were implanted into patients for uses that FDA has not approved? Case Name: Virginia ex rel. Cuccinelli v. Sebelius Court: U.S. Ct. App. 4th Cir. Docket: 11-1057 Read AARP's (PDF) Case Result: Virginia lacks standing to challenge the minimum coverage requirement in the Patient Protection and Affordable Care Act. Case Name: Virginia Office for Protection & Advocacy v. Stewart Court: U.S. Supreme Court Docket: 09-529 Read AARP's (PDF)
Case Result: The state agency can sue its sister agency to facilitate its federal mandate to protect people with disabilities.