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U.S. Court of Appeals for the Fifth Circuit

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Case Updates

Fifth Circuit dismisses case after CPSC capitulates by agreeing to adopt the industry’s voluntary standard

June 30, 2023

Click here to view the order and judgment.

Fifth Circuit holds case in abeyance after CPSC agrees to adopt the industry’s voluntary standard

April 26, 2023

Click here to view the order.

U.S. Chamber files amicus brief

February 17, 2023

The amicus brief urges the Fifth Circuit to vacate a rule overriding an effective voluntary standard in violation of the Consumer Product Safety Commission’s governing statute and hold that for-cause removal protection for Commissioners of the Consumer Product Safety Commission violates the Constitution.

Brett A. Shumate, Anthony J. Dick, Brinton Lucas, Charles E.T. Roberts, and J. Benjamin Aguiñaga of Jones Day and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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