Recent Activity

Results are sorted by the date of most recent activity.
January 31, 2023

U.S. Chamber files amicus brief urging California Supreme Court to reject fraudulent-concealment exception to traditional economic-loss rule.

January 30, 2023

Third Circuit dismisses petitioner’s chapter 11 bankruptcy case for bad faith because petitioner was not in financial distress due to funding agreement. The Chamber filed an amicus brief opposing this result.

January 30, 2023

U.S. Chamber files amicus brief urging Supreme Court to reverse Sixth Circuit and hold that the exception in I.R.C. § 7609(c)(2)(D)(i) to the notice requirements for an IRS summons on third-party recordkeepers applies only when the delinquent taxpayer owns or has a legal interest in the summonsed records.

January 30, 2023

U.S. Chamber files amicus brief urging Third Circuit to affirm district court’s dismissal of ERISA breach of fiduciary duty claims following careful, context-sensitive scrutiny.

January 27, 2023

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that an appeal from the denial of a motion to compel arbitration automatically stays further proceedings in district court.  The U.S. Chamber previously filed an amicus brief when this case was before the Ninth Circuit.

January 26, 2023

U.S. Chamber files coalition amicus brief urging Fifth Circuit to deny petition seeking to vacate permit for natural gas export facilities issued by Army Corps of Engineers under Clean Water Act section 404.  The brief argues that the petition should be denied on laches, exhaustion, and merits grounds, and that remand without vacatur would be the only appropriate remedy if any of the petitioners’ arguments had merit.

January 26, 2023

After a petition for rehearing, Ninth Circuit vacates earlier panel decision and holds that class-action plaintiffs had standing to pursue a novel ERISA claim seeking reprocessing of benefits decisions but class certification was improper and their claim failed on the merits.  The U.S. Chamber filed an amicus brief at the panel stage supporting this result.

January 26, 2023

U.S. Chamber files coalition amicus brief urging New Mexico Supreme Court to reject overly expansive “stream of commerce” theory of specific personal jurisdiction.

January 24, 2023

U.S. Chamber and coalition file opening appellate brief challenging dismissal of three of their claims as barred by the Tax Injunction Act and one claim as prudentially moot.

January 23, 2023

U.S. Supreme Court dismisses writ of certiorari as improvidently granted, declining to address whether attorney-client privilege protects dual-purpose communications with both a legal and non-legal purpose.

January 23, 2023

Sixth Circuit recognizes that PREP Act has significant preemptive force, but holds that it could ground federal removal jurisdiction, if at all, only for claims alleging willful misconduct related to the administration or use of covered COVID-19 countermeasures.  The U.S. Chamber filed a coalition amicus brief urging the court to hold more broadly that the PREP Act grounds removal jurisdiction for all state claims relating to the administration or use of covered COVID-19 countermeasures.

January 23, 2023

U.S. Chamber files coalition amicus brief urging Colorado Supreme Court to reject rule that would delay accrual of breach of contract claims until a party has determined that its damages are sufficient to give it “incentive to sue.”

January 23, 2023

Plaintiffs reach settlement with U.S. Government that should expedite work authorization status for H-4 and L-2 spouses.  The U.S. Chamber filed an amicus brief supporting this relief.

January 20, 2023

U.S. Chamber files amicus brief urging D.C. Circuit to reject corporate liability for alleged forced labor occurring outside the United States and far up the supply chain.

January 20, 2023

Eleventh Circuit affirms that the tax mandate exceeds Congress’s authority under the Constitution.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

January 19, 2023

U.S. Chamber files amicus brief urging Supreme Court to hold that Section 230 of the Communications Decency Act protects websites from liability for, without more, arranging third-party content in a useful way to meet perceived user interests. 

January 18, 2023

U.S. Chamber files coalition brief urging Supreme Court to apply ordinary trademark-infringement and trademark-dilution standards to purportedly humorous unauthorized uses of existing trademarks.

January 18, 2023

District court dismisses plaintiffs’ ERISA claims for breach of fiduciary duty.  The court dismissed some claims on standing grounds and others because plaintiffs failed to adequately allege that performance comparisons were based on a meaningful benchmark.  The U.S. Chamber filed an amicus brief supporting this result.

January 17, 2023

U.S. Chamber files amicus brief arguing that plaintiffs failed to meet the statutory loss requirement for a breach of fiduciary duty claim under ERISA. 

January 17, 2023

U.S. Chamber files amicus brief in Fifth Circuit emphasizing the important distinctions between contract and tort law.