Recent Activity

Results are sorted by the date of most recent activity.
March 30, 2020

Supreme Court issues GVR in race discrimination case.  The U.S. Chamber filed amicus brief supporting the cert. petition and previously when this case was before the Ninth Circuit in support of this outcome.

March 30, 2020

Supreme Court declines cert. petition challenging Third Circuit decision that limits Twombly to antitrust claims and creates a lax pleading standard for ERISA cases.  The U.S. Chamber filed an amicus brief supporting the cert. petition and two amicus briefs when this case was before the Third Circuit, first on the merits and then in support of the rehearing petition.

March 30, 2020

U.S. Chamber files coalition amicus briefs in two cases urging Supreme Court to grant certiorari and hold that the Federal Arbitration Act preempts California’s McGill rule, which purports to empower all arbitrators to award public injunctions despite contrary private arbitration agreements.  The U.S. Chamber previously filed several coalition amicus briefs when these cases were before the Ninth Circuit.

March 25, 2020

Seventh Circuit affirms dismissal of ERISA complaint, explaining that the allegations were insufficient to support a plausible claim for breach of fiduciary duty.  The U.S. Chamber filed a brief supporting this outcome, which the opinion cites and quotes.

March 25, 2020

Fourth Circuit issues opinion explaining why District Court clearly erred by holding that the defendant had waived attorney-client privilege and work-product protections by disclosing facts from an internal investigation to the Department of Defense.  The U.S. Chamber led a coalition amicus brief in support of this result.  The Fourth Circuit denied leave to file the amicus brief, but the contractor’s reply brief extensively quoted and cited the U.S. Chamber’s amicus brief. 

March 25, 2020

Michigan Supreme court vacates lower court opinion that disregarded traditional duty principles and would have created an expansive new theory of tort liability in Michigan.  The U.S. Chamber filed an amicus brief urging supporting this outcome. 

March 25, 2020

U.S. Chamber files coalition amicus brief urging Third Circuit to dismiss no-injury FACTA class action for lack of Article III standing because extra credit-card digits printed on receipt caused names plaintiffs no harm.

March 24, 2020

Declining to address whether so-called Teamsters method of proof is permissible, Tenth Circuit reverses District Court and decertifies ADA class action because individualized issues predominate over common ones.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

March 23, 2020

California Court of Appeal publishes its opinion addressing what kinds of statements and omissions may make a registration statement misleading under Section 11 of the Securities Act.  The U.S. Chamber filed an amicus letter supporting this outcome.

March 23, 2020

U.S. and Pennsylvania Chambers urge Supreme Court to review a Third Circuit opinion that disrupts 70 years of interstate pipeline law and practice.  The Natural Gas Act authorizes FERC approved pipelines to exercise eminent domain across all land along the approved route, including lands in which a state claims an interest.  The Chambers support cert. so that the Court may address the Third Circuit’s contrary ruling.  Previously, the U.S. Chamber filed a coalition brief on the merits when this case was before the Third Circuit.

March 23, 2020

U.S. Supreme Court holds that a race discrimination claim under 42 U.S.C. §1981 requires a plaintiff to show that race was the cause of the defendant’s challenged actions.  The U.S. Chamber urged the Court to take the case at the cert. stage and filed a brief at the merits stage supporting this result.

March 23, 2020

U.S. Supreme Court holds that the doctrine of sovereign immunity bars states from being sued for copyright infringement.  The U.S. Chamber filed an amicus brief at the merits stage opposing this outcome.

March 20, 2020

En banc Fifth Circuit sua sponte grants rehearing and vacates prior divided panel opinion upholding the constitutionality of the for-cause removal restrictions on the Director of the CFPB.  The U.S. Chamber filed a brief arguing these limitations are unconstitutional, which the divided panel of the Fifth Circuit previously upheld.  Now everyone will wait for the Supreme Court to decide the issue in the Seila Law case. 

March 19, 2020

U.S. Chamber urges Supreme Court to review Federal Circuit decision departing from settled principles of tariff classification.  Previously, the U.S. Chamber filed an amicus brief in the Federal Circuit supporting panel rehearing and rehearing en banc.

March 19, 2020

U.S. Chamber files amicus letter urging California Court of Appeal to publish its opinion addressing what kinds of statements and omissions may make a registration statement misleading under Section 11 of the Securities Act. 

March 19, 2020

U.S. Chamber files coalition amicus brief urging Florida Supreme Court to adopt the apex-deposition doctrine, which protects corporate CEOs without unique relevant knowledge from abusive and unnecessary discovery.

March 19, 2020

U.S. Chamber files amicus brief urging D.C. Circuit to grant writ of mandamus and reverse District Court order holding that work-product doctrine and attorney-client privilege do not protect law firm’s interview memos from internal investigation.  

March 18, 2020

Delaware Supreme Court unanimously upholds legality of corporate bylaws requiring claims under the Securities Act of 1933 to be brought in federal court instead of state court.  This significant decision will enable companies incorporated in Delaware to avoid state court litigation under the Securities Act, thus minimizing the impact of the Cyan decision from the U.S. Supreme Court.  The U.S. Chamber filed an amicus brief supporting this outcome.

March 17, 2020

U.S. Chamber files coalition amicus brief urging District Court to certify an interlocutory appeal to decide whether the National Bank Act preempts Maryland’s state escrow interest law.

March 16, 2020

New Mexico Supreme Court grants review of lower court decision refusing to apply res judicata rules to dismiss successive lawsuit brought under state False Claims Act.  The U.S. Chamber filed an amicus brief in support of this outcome.