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The National Chamber Litigation Center (NCLC) files in cases of interest to the business community as a direct party, as an intervenor, and as an amicus curiae (friend of the court). The following are NCLC’s cases from 2007 to 2011. Cases with recent developments (such as a new legal filing or an outcome in the case) are listed first.
U.S. Supreme Court declines to hear case on R&D tax credits (U.S. Supreme Court)
Supreme Court of the United States
Defeat
U.S. Chamber argues EPA should stay new air particulate matter Rule until reconsideration of the Rule is completed (D.C. Circuit)
U.S. Court of Appeals for the District of Columbia Circuit
Awaiting Decision
Supreme Court holds CWA provision governing challenges to agency actions is not jurisdictional (U.S. Supreme Court)
Supreme Court of the United States
Other
U.S. Chamber argues nuisance and not negligence law should govern in offensive-odor cases (South Carolina Supreme Court)
South Carolina Supreme Court
Awaiting Decision
Whistleblower Protection
U.S. Court of Appeals for the Third Circuit
Defeat
Supreme Court holds plaintiffs cannot end-run CAFA by stipulating damages (U.S. Supreme Court)
Supreme Court of the United States
Victory
U.S. Chamber argues agency must follow the law and provide notice of proposed regulatory changes (D.C. Circuit)
U.S. Court of Appeals for the District of Columbia Circuit
Awaiting Decision
Fifth Circuit denies petition for mandamus; district court's "two-step" certification of FLSA collective action stands
U.S. Court of Appeals for the Fifth Circuit
Defeat
U.S. Chamber argues Title VII mixed motive test is not applicable to retaliation claims
Supreme Court of the United States
Awaiting Decision
U.S. Chamber argues plaintiffs seeking to protect their economic interests should have opportunity to be heard
Supreme Court of the United States
Awaiting Decision