Federal Preemption & Commerce Clause

Recent Activity

Results are sorted by the date of most recent activity.

Leroy v. Hume

January 3, 2022

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

Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center

January 3, 2022

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

Chamber of Commerce v. Bonta

December 21, 2021

U.S. Chamber files reply brief in support of rehearing petition. The Chamber is a co-plaintiff in the case, which challenges California’s anti-arbitration legislation, A.B. 51.

Viking River Cruises, Inc. v. Moriana

December 15, 2021

U.S. Supreme Court grants cert in case regarding whether the Federal Arbitration Act preempts California’s Iskanian rule, which creates an end-run around arbitration agreements for California...

Johnson & Johnson v. Mississippi, ex rel. Fitch

December 13, 2021

Supreme Court denies certiorari to consider whether presumption against preemption applies to the Food, Drug, and Cosmetic Act’s express preemption provision for regulating cosmetic products. The...

Pharmaceutical Research and Manufacturers of America v. Landsberg

November 23, 2021

U.S. Chamber files amicus brief in Ninth Circuit arguing that SB 17 -- a California law that regulates changes to a drug’s Wholesale Acquisition Cost or list price -- violates both the dormant...

Maglioli v. Alliance HC Holdings, LLC

November 23, 2021

U.S. Chamber files amicus brief supporting petition for rehearing en banc and arguing that the PREP Act is a complete preemption statute, protecting businesses on the front lines of responding to...

McCalebb v. AG Lynwood

October 20, 2021

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

Chamber of Commerce v. Bonta

October 20, 2021

U.S. Chamber and coplaintiffs petition for rehearing en banc after divided Ninth Circuit panel holds that California’s anti-arbitration A.B. 51 is not preempted by the Federal Arbitration Act.

North American Meat Institute v. Becerra

October 15, 2021

Ninth Circuit upholds denial of preliminary injunction, rejecting argument that regulation of out-of-state meat production violates dormant Commerce Clause. The U.S. Chamber filed a coalition...