Recent Activity

Results are sorted by the date of most recent activity.
February 26, 2020

Ninth Circuit affirms dismissal of First Amendment claim against YouTube and its parent company, Google, holding that YouTube remains a private forum, not a public forum subject to the U.S. Constitution. The U.S. Chamber filed an amicus brief supporting this result.

February 24, 2020

Fifth Circuit, sitting en banc, overturns prior circuit precedent that failed to give full effect to the Federal Officer Removal Statute.  The court held that the Federal Officer Removal Statute authorizes the removal of claims to federal court when a defendant acted pursuant to a federal officer’s direction, the conduct from which the claims arise “is connected or associated with” an act pursuant to a federal officer’s directions, and the defendant raises a colorable federal defense.  In so holding, the court rejected prior cases that required a “causal nexus” between the alleged conduct...

February 24, 2020

Seventh Circuit holds that Viacom properly pleaded a Sherman Act Section 2 monopolization claim by alleging that Comcast used monopoly power in one service market to exclude competition and gain monopoly power in another service market.  The U.S. Chamber filed an amicus brief supporting dismissal of the claim.

February 24, 2020

U.S. Chamber files amicus brief urging Supreme Court to grant cert and hold that Anti-Injunction Act does not bar pre-enforcement challenge to IRS reporting requirements enforced by tax penalties.

February 19, 2020

U.S. Chamber files amicus brief urging Fifth Circuit to require commonality and typicality before certifying FLSA collective actions.

February 19, 2020

Seventh Circuit adopts narrow interpretation of “automatic telephone dialing system” under the Telephone Consumer Protection Act.  The U.S. Chamber filed an amicus brief supporting this outcome.

February 19, 2020

Supreme Court of Pennsylvania rejects fair apportionment of liability among strictly liable defendants under the Fair Share Act.  

February 18, 2020

U.S. Chamber files brief in opposition to New Jersey Attorney General’s motion to dismiss challenge to state anti-arbitration legislation.

February 14, 2020

U.S. Chamber urges Fifth Circuit to grant petition for permission to appeal from district court ruling that erroneously expanded strict liability to online marketplaces under Texas law.

February 14, 2020

U.S. Chamber files amicus brief urging Sixth Circuit to reverse district court order certifying a “negotiation class,” arguing that such certification is contrary to the text of Rule 23, established precedent, and the purposes of the class action device.  The U.S. Chamber previously filed an amicus brief asking the Sixth Circuit to grant Rule 23(f) review, which it did.

February 13, 2020

California Supreme Court holds that employee time spent undergoing exit searches of bags, packages, and personal devices is compensable as “hours worked” under California’s wage-and-hour law.  The U.S. Chamber and a coalition of business groups filed an amicus brief opposing this result.

February 12, 2020

Sixth Circuit stays district court order, and calls for response to mandamus petition challenging the order, that requires production of regional and national prescription data.  The U.S. Chamber filed an amicus brief supporting the mandamus petition.

February 11, 2020

U.S. Chamber files coalition amicus brief urging Ninth Circuit to grant review and reverse district court’s expansion of the Affiliated Ute presumption of reliance in securities fraud cases.

February 10, 2020

District Court upholds California's new A.B. 5 worker classification law.  The U.S. Chamber filed an amicus brief urging the contrary result.

February 10, 2020

U.S. Chamber files amicus brief urging Second Circuit to affirm district court’s holding that bakery product delivery drivers were properly classified as independent contractors under the FLSA and New York law.  

February 7, 2020

District Court releases full preliminary-injunction opinion enjoining California from enforcing anti-arbitration legislation AB 51.

February 6, 2020

U.S. Chamber files coalition amicus brief urging D.C. Circuit to affirm that local D.C. anti-discrimination law only applies to physical establishments, and that the First Amendment does not apply to private actors.

February 6, 2020

Reversing District Court, Third Circuit rejects First Amendment challenge to local Philadelphia law banning employers from asking about a prospective employee’s wage history in setting or negotiating that employee’s wage.  The U.S. Chamber filed an amicus brief opposing this result.

February 6, 2020

Divided panel of the Ninth Circuit overturns jury verdict, holding that, under California strict product liability law, courts can instruct jurors to consider risks that were not, and could not have been, known to the manufacturer at the time of manufacture.  The U.S. Chamber had urged the court to affirm instructions asking jurors to evaluate risks and alternatives based on science and technology available at the time a produced was manufactured and used. 

February 6, 2020

U.S. Chamber, Washington Legal Foundation, and the National Association of Manufacturers file amicus brief urging Ninth Circuit to invalidate California Assembly Bill 824, which effectively prohibits routine patent settlement agreements between drug innovators and generic manufacturers.