Federal Preemption & Commerce Clause

Recent Activity

Results are sorted by the date of most recent activity.

California Trucking Association v. Bonta

June 30, 2022

Supreme Court denies certiorari to correct the Ninth Circuit’s interpretation that the Federal Aviation Administration Authorization Act does not preempt state worker-classification laws as...

Virgin America, Inc. v. Bernstein

June 30, 2022

Supreme Court denies certiorari to correct the Ninth Circuit’s interpretation that federal law does not preempt state meal and rest break requirements in aviation context. The U.S. Chamber filed...

Restaurant Law Center v. City of New York

June 29, 2022

U.S. Chamber files coalition amicus brief urging Second Circuit to hold that the National Labor Relations Act and the Dormant Commerce Clause preclude New York City’s wrongful-discharge law for...

Chamber of Commerce v. Bonta

June 28, 2022

U.S. Chamber and coplaintiffs file 28(j) letter explaining how Viking River confirms that the FAA preempts California’s anti-arbitration A.B. 51 and rehearing en banc is warranted.

C.H. Robinson Worldwide Inc. v. Miller

June 27, 2022

Supreme Court denies certiorari to correct Ninth Circuit’s expansive interpretation of the Federal Aviation Administration Authorization Act’s “safety exemption” that allows for negligence suits...

Arbor Management Services LLC v. Hendrix

June 22, 2022

Georgia Court of Appeals holds that PREP Act immunity did not extend to the particular allegations of negligence in this case, but that the Georgia Covid-19 Pandemic Business Safety Act did and...

Monsanto Co. v. Hardeman

June 21, 2022

Supreme Court denies certiorari to correct Ninth Circuit’s anomalous FIFRA preemption jurisprudence and resolve conflicting constructions of the Daubert standard. The U.S. Chamber filed...

National Pork Producers Council v. Ross

June 17, 2022

U.S. Chamber files amicus brief urging Supreme Court to hold that California’s Proposition 12 constitutes extraterritorial regulation of out-of-state meat production, in violation of the Commerce...

Martin v. Petersen Health Operations LLC

June 15, 2022

Seventh Circuit holds that the PREP Act is not a complete preemption statute and does not support federal removal jurisdiction. The U.S. Chamber filed a coalition amicus brief opposing this...

Washington Bankers Association v. Washington

June 13, 2022

Supreme Court denies cert and refuses to review whether Commerce Clause precludes surtax on financial institutions that falls almost exclusively on those based out of state. The Chamber filed a...