Federal Preemption & Commerce Clause

Recent Activity

Results are sorted by the date of most recent activity.

Johnson & Johnson v. Mississippi, ex rel. Fitch

October 4, 2021

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and clarify that no presumption against preemption applies to the Food, Drug, and Cosmetic Act’s express...

Virgin America, Inc. v. Bernstein

September 21, 2021

U.S. Chamber files amicus brief urging Supreme Court to review and reverse Ninth Circuit decision holding that the Airline Deregulation Act and FAAAA preempt only those state laws that bind an...

Chamber of Commerce v. Bonta

September 15, 2021

Divided Ninth Circuit holds that California’s anti-arbitration legislation AB 51 is not preempted by the Federal Arbitration Act. As a co-plaintiff, the U.S. Chamber opposed this outcome.

California Trucking Association v. Bonta

September 10, 2021

U.S. Chamber files amicus brief urging Supreme Court to review whether Federal Aviation Administration Authorization Act preempts California’s A.B. 5 as applied to motor carriers. The U.S....

Arbor Management Services LLC v. Hendrix

September 7, 2021

U.S. Chamber files coalition amicus brief urging Georgia Court of Appeals to uphold broad immunities under federal and state law for businesses on the front lines of responding to COVID-19.

Monsanto Co. v. Hardeman

September 1, 2021

U.S. Chamber files coalition amicus brief urging Supreme Court to correct Ninth Circuit’s anomalous FIFRA preemption jurisprudence and resolve conflicting constructions of the Daubert ...

ERISA Industry Committee v. City of Seattle

September 1, 2021

Ninth Circuit denies petition for rehearing en banc in challenge to Seattle ordinance that requires ERISA plans to provide specific substantive benefits. The U.S. Chamber had filed a coalition...

Lyons v. Cucumber Holdings, LLC

August 17, 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.

Mitchell v. Advanced HCS, LLC

August 10, 2021

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

Cohen v. Apple Inc.

July 30, 2021

U.S. Chamber files amicus brief urging the Ninth Circuit to hold that the Federal Communications Commission’s certification of cell phone radiofrequency emissions preempts state tort actions.