Recent Activity

Results are sorted by the date of most recent activity.
April 15, 2019

U.S. Chamber files coalition brief as intervenor in support of EPA’s guidance establishing significant impact limits for the NAAQS program.  The Chamber’s brief argues that the EPA’s guidance is not contrary to the Clean Air Act and is neither arbitrary nor capricious. 

April 15, 2019

U.S. Supreme Court denies cert. petition to review D.C. Circuit decision allowing administrative agencies to avoid judicial review with boilerplate language disclaiming finality. The U.S. Chamber filed an amicus brief urging the Supreme Court to grant review and reverse the decision.

April 12, 2019

U.S. Chamber files response in opposition to City of Seattle’s motion for discovery under Rule 56(d) before opposing Chamber’s motion for summary judgment.  The U.S. Chamber and its co-plaintiff, Rasier, LLC, previously moved for summary judgment against the City of Seattle’s ordinance permitting the unionization of independent contractors.

April 12, 2019

U.S. Chamber files amicus brief in support of company’s assertion of settlement privilege to block discovery by New York state into communications with U.S. Department of Justice to settle federal enforcement matter

April 12, 2019

U.S. Chamber files amicus brief in support of District Court’s order denying certification of class in employment-discrimination case.  The Chamber’s brief argues the plaintiffs’ disparate-impact and disparate-treatment claims fail the commonality requirement of Rule 23.

April 11, 2019

U.S. Chamber files coalition brief urging Eighth Circuit to grant review and reaffirm that Rule 23 requires an ascertainable class

April 11, 2019

U.S. Chamber files amicus brief urging the Supreme Court to grant cert. to clarify that race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

April 11, 2019

U.S. Chamber files amicus brief urging the Supreme Court to grant cert. to clarify that race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

April 10, 2019

U.S. Chamber files amicus brief arguing providers of stable value funds are not “functional fiduciaries” under ERISA

April 9, 2019

U.S. District Court grants motion to stay order requiring notice to conditionally certified class members who have arbitration agreements with class waivers, and grants 1292(b) motion to certify an appeal.  The U.S. Chamber filed an amicus brief in support of the motion for a stay for and to certify an appeal. 

April 8, 2019

U.S. Chamber files amicus brief urging D.C. Circuit to vacate and remand Superfund listing that failed to follow regulatory requirements and sets a bad precedent for future application of vapor intrusion standards 

April 8, 2019

U.S. Chamber files amicus brief in support of motion for stay and 1292(b) permission to appeal order requiring notice to conditionally certified class that includes individuals subject to arbitration agreements containing class waivers

April 8, 2019

U.S. Chamber files coalition amicus brief urging Supreme Court to review Second Circuit decision allowing ERISA “stock drop” suit to proceed

April 8, 2019

U.S. Chamber leads coalition amicus brief in D.C. Circuit in support of H-4 employment authorization.  The Chamber’s amicus brief argues that DHS’s employment authorization rule is authorized by the Immigration and Nationality Act

April 5, 2019

U.S. Chamber files amicus brief in support of cert. petition, urging the Court to grant review of Ninth Circuit judgment expanding scope of “arranger” liability under CERCLA 

April 3, 2019

U.S. Chamber leads coalition amicus brief urging district court not to impose unreasonable compliance deadline for burdensome new reporting requirement on employers.  The Chamber previously filed comments with the Office of Management and Budget on the reporting requirement.

April 1, 2019

U.S. Chamber files amended complaint in litigation challenging OSHA’s electronic reporting and anti-retaliation rule.  Litigation over the rule, issued at the very end of the Obama administration, has been stayed during most of the Trump administration for reconsideration of the rule.  The Trump administration reconsidered the rule, proposed to revise part of the rule (concerning certain aspects of the electronic reporting requirements) and finalized that rule.  The Chamber’s amended complaint accounts for the changes made to the rule.

April 1, 2019

U.S. Supreme Court denies cert. petition to review Ninth Circuit decision regarding Railway Labor Act’s preemption of state law claims involving interpretation of collective bargaining agreements

March 28, 2019

District Court vacates key provisions of Department of Labor’s Association Health Plans rule, remands to the Department for severability analysis with respect to the rest of the rule.  The U.S. Chamber filed a coalition amicus brief in support of the Association Health Plans rule. 

March 28, 2019

Divided Sixth Circuit denies a petition for rehearing en banc of a panel decision concluding that Tennessee’s tort reform law capping punitive damages violates the Tennessee Constitution.  Judge Bush wrote a dissent arguing that the Sixth Circuit should have certified the case to the Tennessee Supreme Court.  Judges Nalbandian, Thapar, Bush, and Larsen filed a statement encouraging courts to certify the issue to the Tennessee Supreme Court, rather than apply the panel’s opinion.  The Chamber filed a coalition amicus brief urging the en banc court to rehear the case or to certify the issue...