Recent Activity

Results are sorted by the date of most recent activity.
July 23, 2021

U.S. Chamber files coalition amicus brief supporting the government’s motion for voluntary remand without vacatur of the Navigable Waters Protection Rule, so that the Rule would remain in effect while the Biden Administration considers next steps.  The U.S. Chamber is an intervenor-defendant or amicus in several cases challenging the Rule.

July 23, 2021

U.S. Chamber files coalition amicus brief urging reversal of the district court’s denial of a motion for a preliminary injunction by the State of Missouri challenging the provision of the Covid relief bill that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber previously filed a coalition amicus brief when this case was before the U.S. District Court for the Eastern District of Missouri.

July 22, 2021

U.S. Chamber submits letter to European Commission supporting suspension and reconsideration of the EC’s new approach to the application of the referral mechanism in Article 22 of the EU Merger Regulation to certain categories of cases.  The new approach creates significant uncertainties for businesses, including those with little or no presence in the EU, and rests on a dubious legal basis.

July 22, 2021

U.S. Chamber files coalition amicus brief urging the New York Court of Appeals to hold that mere business registration in New York does not subject a foreign corporation to general personal jurisdiction in that state.

July 22, 2021

Ohio Supreme Court concludes that the federal Clean Air Act neither expressly nor impliedly preempts claims under state law for manufacturers’ post-sale tampering with vehicles’ emissions-control systems.  The U.S. Chamber filed two coalition amicus briefs opposing this outcome.

July 22, 2021

Missouri Supreme Court holds that the state’s cap on medical malpractice damages was a lawful exercise of the Missouri legislature’s authority.  The U.S. Chamber filed a coalition amicus brief in support of this result.

July 22, 2021

District court dismisses the State of Arizona’s suit against the provision of the Covid relief bill that effectively precludes States from offering net tax relief to their citizens, ruling that the State lacked standing.  The U.S. Chamber had filed a coalition amicus brief supporting Arizona’s motion for a preliminary injunction against that tax mandate.

July 21, 2021

U.S. Chamber files coalition amicus brief urging the Second Circuit to reject certification of a novel multi-plan class action under ERISA against a nonfiduciary service provider.

July 21, 2021

Pennsylvania Supreme Court reverses Superior Court and rejects expansive theory for piercing the corporate veil between sister companies.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

July 21, 2021

California Court of Appeal agrees to review whether workers’ compensation is the exclusive remedy for derivative injury claims.  The U.S. Chamber filed a coalition amicus brief supporting review. 

July 21, 2021

U.S. Chamber files coalition amicus brief on the scope of the WARN Act’s “natural disaster” exception.  The U.S. Chamber filed an amicus brief urging the court to grant defendant’s petition for permission to appeal. 

July 21, 2021

U.S. Chamber files coalition amicus brief supporting the end of temporary federal pandemic unemployment benefits, which have suppressed the labor market and hindered economic recovery.    

July 20, 2021

Ninth Circuit denies en banc rehearing, rejecting argument that federal law preempts California’s meal and rest break requirement in the aviation context.  The U.S. Chamber filed an amicus brief opposing this outcome.

July 15, 2021

District court dismisses environmental groups’ challenge to the Navigable Waters Protection Rule, and remands to EPA without vacating the rule, so the rule can remain in effect while the Biden Administration considers next steps.  The U.S. Chamber intervened in defense of the rule and argued in favor of this result.

July 15, 2021

California Supreme Court holds “regular rate of compensation,” for purposes of calculating overtime pay, encompasses hourly wages and nondiscretionary payments.  The U.S. Chamber filed an amicus brief opposing this outcome.

July 14, 2021

U.S. Chamber files coalition amicus brief urging Fifth Circuit (1) to revisit, in light of new Supreme Court case law, plaintiffs’ standing to assert Clean Air Act citizen-suit claims and (2) to reject district court’s approach to setting penalty.  Previously, the U.S. Chamber filed two coalition amicus briefs in this case.

July 14, 2021

District court denies motion for preliminary injunction against enforcement of the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber filed an amicus brief supporting a preliminary injunction.

July 12, 2021

U.S. Chamber files coalition amicus brief supporting the motion for summary judgment by Kentucky and Tennessee challenging the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber has filed similar briefs supporting similar challenges by other States.

July 9, 2021

Eleventh Circuit vacates overly broad construction of the Federal Arbitration Act’s exception for “workers engaged . . . in interstate commerce,” holding that the exemption applies only to transportation industry workers actually engaged in foreign or interstate commerce.  The U.S. Chamber filed an amicus brief supporting this result.

July 7, 2021

Fifth Circuit affirms dismissal of False Claims Act (FCA) qui tam actions that the United States had moved to dismiss, holding that the government’s discretion to dismiss such an action is limited, but that dismissal was proper under any test.  The U.S. Chamber filed an amicus brief arguing that the government has unfettered discretion to dismiss a FCA qui tam action.