Federal Preemption & Commerce Clause

Recent Activity

Results are sorted by the date of most recent activity.

State of New York v. United Parcel Service, Inc.

November 7, 2019

Second Circuit significantly reduces civil monetary penalty award by $159 million (to $98 million) in case concerning shipment of alleged contraband cigarettes. The U.S. Chamber filed an amicus...

Hymes v. Bank of America, N.A.

November 7, 2019

U.S. Chamber files coalition amicus brief urging District Court to certify an interlocutory appeal to decide whether the National Bank Act preempts New York’s state escrow interest law.

In re: MDL 2700 Genentech, Inc. Herceptin (Traztuzumab) Marketing and Sales Litigation

October 11, 2019

U.S. Chamber urges Tenth Circuit to hold that federal law preempts state-law claims challenging statements on a prescription drug’s label concerning the amount of the drug included in a vial.

Mozilla Corp. v. FCC

October 1, 2019

D.C. Circuit unanimously upholds core provisions of the FCC’s Restoring Internet Freedom Order. The U.S. Chamber filed an amicus brief in support of this outcome. By a 2-1 vote, the panel also...

Yearwood v. Department of Interior

September 20, 2019

U.S. Chamber files brief in case involving an arachnid known as the Bone Cave harvestman, urging Fifth Circuit to impose limits on federal government’s authority to regulate purely intrastate...

Burningham v. Wright Medical Group, Inc.

September 5, 2019

Utah Supreme Court holds that FDA authorization of medical devices through the 510(k) process may be an affirmative defense to strict liability claims. The U.S. Chamber had submitted an amicus...

New Jersey Civil Justice Institute and U.S. Chamber v. Grewal

August 30, 2019

U.S. Chamber and New Jersey Civil Justice Institute file complaint in federal court challenging New Jersey’s A.B. 121, which effectively bans the use of bilateral arbitration in employment...

Atlantic Richfield Co. v. Christian

August 28, 2019

U.S. Chamber and coalition of business groups file amicus brief urging the Supreme Court to hold the Comprehensive Environmental, Response, Compensation, and Liability Act (“CERCLA,” also known as...

McShannock v. JP Morgan Chase Bank, NA

August 12, 2019

U.S. Chamber files coalition amicus brief in support of reversal of District Court’s judgment that Home Owners’ Loan Act does not preempt application of state laws and regulations to loans...

Mayor & City of Baltimore v. BP PLC

August 2, 2019

U.S. Chamber files amicus brief in public-nuisance case against energy companies urging Fourth Circuit to reverse district court’s remand order and accept federal jurisdiction.