Recent Activity

Results are sorted by the date of most recent activity.
May 18, 2022

U.S. Chamber files coalition amicus brief explaining that class treatment is neither appropriate for fraud claims requiring individualized showings of reliance, causation, or materiality, nor for warranty claims requiring individualized manifestation of an alleged defect.  Idiosyncratic preferences and experiences relating to such goods will predominate over any common questions.

May 16, 2022

U.S. Chamber files amicus brief urging Supreme Court to recognize that the FTC Act does not impliedly preempt ordinary federal-question review of constitutional challenges to the FTC’s authority.  The U.S. Chamber also filed an amicus brief supporting the cert. petition.

May 16, 2022

U.S. Chamber files amicus brief in Ninth Circuit arguing that plaintiffs lack standing to sue their employer’s health insurance broker for its receipt of commissions from third-party insurers.

May 16, 2022

Supreme Court declines to review decision by Third Circuit allowing certification of an issues class. The Chamber filed an amicus brief opposing this outcome.

May 16, 2022

Supreme Court declines cert. petition regarding the proper standard governing admissibility of expert evidence. The Chamber filed a coalition amicus brief opposing this outcome.

May 13, 2022

U.S. Chamber files coalition amicus brief urging Sixth Circuit to require named plaintiffs in FLSA collective actions to affirmatively prove that employees receiving opt-in notice are similarly situated instead of allowing “conditional certification” under two-step Lusardi approach.  The U.S. Chamber also filed an amicus brief supporting interlocutory review.

May 13, 2022

U.S. Chamber submits amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in ERISA complaint.

May 13, 2022

U.S. Chamber and coalition file supplemental response brief explaining why Maryland’s pass-through prohibition for its digital services tax violates the First Amendment.  The U.S. Chamber is a plaintiff in this challenge to Maryland’s digital services tax.

May 13, 2022

U.S. Chamber files amicus brief urging Eighth Circuit to review class certification where the district court failed to rigorously analyze predominance and to conduct a full Daubert inquiry for expert evidence.

May 12, 2022

U.S. Chamber submits amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in ERISA complaint.

May 11, 2022

U.S. Chamber submits amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in ERISA complaint.

May 11, 2022

Fifth Circuit grants permission to appeal certification of multi-plan ERISA class action.  The U.S. Chamber filed an amicus brief in support of this outcome.

May 10, 2022

U.S. Chamber files coalition amicus brief highlighting the adverse economic consequences of shutting down an interstate, cross-border petroleum pipeline. 

May 10, 2022

New York Appellate Division reverses lower court and orders dismissal of Attorney General’s workplace safety claims as moot and retaliation claims as preempted by the NLRA.  The U.S. Chamber filed an amicus brief supporting this outcome.   

May 10, 2022

Fourth Circuit grants en banc rehearing in case presenting question whether, under the FCA, a defendant can act “knowingly” if it bases its actions on an objectively reasonable interpretation of the relevant statute and has not been warned away from that interpretation by authoritative guidance.   U.S. Chamber previously filed coalition amicus brief in the court of appeals in support of affirming the district court’s dismissal of the relator’s complaint.

May 2, 2022

Supreme Court denies cert. petition, letting stand a Baltimore tax on off-premises billboards.  The U.S. Chamber submitted an amicus brief supporting cert.

April 29, 2022

U.S. Chamber files reply in support of its motion for leave to file amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in amended ERISA complaint.

April 29, 2022

U.S. Chamber files coalition amicus brief explaining that district court approval is required under Federal Rule of Civil Procedure 23(e)(5) for payments to objectors in exchange for forgoing their objections to attorney’s fee awards or dismissing their appeals from such objections. 

April 29, 2022

U.S. Chamber files coalition amicus brief urging New York appellate court to affirm that there is no private right of action (and thus no liquidated damages) for violations of New York labor law that provides for weekly payment of manual workers.  The brief highlights the tidal wave of class action litigation spurred by a recent state court decision recognizing such a right and emphasizes the threat to employers, especially small business, given the potentially massive liability.  

April 29, 2022

California Court of Appeal upholds legality of “federal forum provision” requiring claims under the Securities Act of 1933 to be brought in federal court instead of state court.  The U.S. Chamber filed an amicus brief supporting this outcome.