Federal Preemption & Commerce Clause

Recent Activity

Results are sorted by the date of most recent activity.

State of Ohio v. Volkswagen Aktiengesellschaft

July 22, 2021

Ohio Supreme Court concludes that the federal Clean Air Act neither expressly nor impliedly preempts claims under state law for manufacturers’ post-sale tampering with vehicles’ emissions-control...

Bernstein v. Virgin America, Inc. (rehearing)

July 20, 2021

Ninth Circuit denies en banc rehearing, rejecting argument that federal law preempts California’s meal and rest break requirement in the aviation context. The U.S. Chamber filed an amicus brief...

Garcia v. Welltower OpCo Group LLC

June 16, 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.

Viking River Cruises, Inc. v. Moriana

June 14, 2021

U.S. Chamber files amicus brief urging Supreme Court to grant petition for writ of certiorari and hold that the FAA preempts California’s Iskanian rule, which creates an end-run around...

Cantero v. Bank of America, N.A.

June 11, 2021

U.S. Chamber files coalition amicus briefs arguing that the National Bank Act preempts state law purporting to fix an interest rate for mortgage escrow accounts. The U.S. Chamber previously filed...

Carson v. Monsanto Co.

June 11, 2021

U.S. Chamber files coalition amicus brief arguing that the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory scheme that preempts conflicting state law.

Hymes v. Bank of America, N.A.

June 11, 2021

U.S. Chamber files coalition amicus brief arguing that the National Bank Act preempts state law purporting to fix an interest rate for mortgage escrow accounts. The U.S. Chamber previously filed...

County of San Mateo v. Chevron Corporation

May 24, 2021

Supreme Court grants, vacates, and remands cert. petition in light of its holding in B.P. p.l.c. v. Mayor and City Council of Baltimore that where a lower court rejects removal of an action to...

C.H. Robinson Worldwide Inc. v. Miller

May 21, 2021

U.S. Chamber files coalition amicus brief urging U.S. Supreme Court to review and reverse expansion of the Federal Aviation Administration Authorization Act’s “safety exemption” that allows...

Pharmaceutical Care Management Association v. Wilke

May 18, 2021

In case remanded by the Supreme Court in light of Rutledge, U.S. Chamber files amicus brief supporting ERISA preemption of state laws regulating plan structures and disclosures.