Chamber of Commerce v. Franchot

U.S. District Court for the District of Maryland

Tab Group

Merits Stage

U.S. Chamber and coalition file notice of appeal to challenge dismissal of three of their claims under the Tax Injunction Act and one claim as prudentially moot

December 13, 2022

Click here to view the notice of appeal.

Click here to view further activity in this case before the Fourth Circuit.

District court dismisses First Amendment challenge to pass-through prohibition of Maryland’s digital services tax as moot

December 2, 2022

Click here to view the order.

U.S. Chamber and coalition file supplemental response brief explaining why Maryland’s pass-through prohibition for its digital services tax violates the First Amendment

May 13, 2022

Click here to view the coalition amicus brief. Michael B. Kimberly, Paul W. Hughes, Stephen P. Kranz, and Sarah P. Hogarth of McDermott Will & Emery LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

U.S. Chamber and coalition file supplemental brief explaining why Maryland’s pass-through prohibition for its digital services tax violates the First Amendment

April 29, 2022

Click here to view the brief.

District court granted in part and denied in part Maryland’s motion to dismiss complaint challenging its Digital Service Tax

March 4, 2022

Relying on the Tax Injunction Act, the court held that the U.S. Chamber could not seek to enjoin collection of the tax itself, but could proceed with its challenge to a pass-through prohibition that bars companies from passing the charge on to downstream market participants.

U.S. Chamber and coalition file supplemental brief on the inapplicability of the Tax Injunction Act to their challenge to Maryland’s digital services tax

December 13, 2021

Click here to view the brief. Michael B. Kimberly, Paul W. Hughes, Stephen P. Kranz, and Sarah P. Hogarth of McDermott Will & Emery LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

U.S. Chamber and coalition file reply brief in support of their cross-motion for partial summary judgment on their challenge to Maryland’s digital services tax

October 13, 2021

U.S. Chamber and coalition oppose the State’s motion to dismiss and cross-move for summary judgment on their challenge to Maryland’s digital services tax

July 29, 2021

Click here to view the brief.

U.S. Chamber and coalition amend their complaint challenging Maryland’s digital services tax

April 30, 2021

The amendments address Senate Bill 787, which made the tax even more punitive and discriminatory than it already was.

U.S. Chamber and industry associations file lawsuit challenging Maryland’s tax on digital advertising services

February 18, 2021

Click here to view the complaint. Michael B. Kimberly, Paul W. Hughes, Stephen P. Kranz, and Sarah P. Hogarth of McDermott Will & Emery LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.