Federal Preemption & Commerce Clause

Recent Activity

Results are sorted by the date of most recent activity.

Flagstar Bank, FSB v. Kivett

November 23, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to resolve circuit split regarding whether the National Bank Act preempts State laws mandating interest payments on mortgage escrow...

Glenhaven Healthcare LLC v. Saldana

November 21, 2022

U.S. Supreme Court denies certiorari to consider whether the PREP Act provides complete preemption for certain claims against businesses on the front lines of fighting COVID-19. The U.S. Chamber...

California Trucking Association v. South Coast Air Quality Management District

November 21, 2022

U.S. Chamber files coalition amicus brief urging federal district court to hold that the federal Clean Air Act and Airline Deregulation Act each preempt a California air quality district’s...

Garcia v. Welltower OpCo Group LLC

November 18, 2022

Ninth Circuit vacates and remands for reconsideration of jurisdiction in light of its decision that the PREP Act is not a complete preemption statute. The U.S. Chamber filed a coalition amicus...

Carson v. Monsanto Co.

November 14, 2022

U.S. Chamber resubmits coalition amicus brief in support of renewed motion for rehearing en banc, following panel’s revisions to its opinion.

Cagle v. NHC HealthCare-Maryland Heights, LLC

November 4, 2022

U.S. Chamber files coalition amicus brief urging Eighth Circuit to hold that the PREP Act is a complete preemption statute, protecting businesses on the front lines of responding to COVID-19.

Carson v. Monsanto Co.

October 28, 2022

Eleventh Circuit vacates and withdraws its opinion, substituting a new opinion concluding that state failure-to-warn claims are not preempted by the registration requirements of the Federal...

The Boeing Co. v. Southwest Airlines Pilots Association

October 27, 2022

U.S. Chamber files amicus brief urging Texas Supreme Court to hold that the Railway Labor Act preempts state-law claims that require interpretation of a collective bargaining agreement.

M.T. v. Walmart Stores, Inc.

October 14, 2022

U.S. Chamber files amicus brief urging Kansas Court of Appeals to recognize the PREP Act’s broad preemption of state tort liability for certain businesses on the front lines of fighting COVID-19...

Glenhaven Healthcare LLC v. Saldana

September 30, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and clarify protection afforded by the PREP Act to businesses on the front lines of fighting COVID-19.