Federal common law governs such claims – leaving no room for state law – even if the claims purportedly relate to advertising, and the Clean Air Act’s displacement of federal common law in this area does not change this result.
Click here to view the Chamber’s amicus brief. Mark M. Murakami of Damon Key Leong Kupchak Hastert, William Jay and Andrew Kim of Goodwin Procter LLP, and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
The Chamber filed two amicus briefs previously in this case.
