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Recent Activity
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September 17, 2020
U.S. Chamber files amicus brief urging trial court to deny San Francisco district attorney’s request for a preliminary injunction forcing DoorDash to reclassify its delivery workers as employees.
September 17, 2020
U.S. Chamber files coalition amicus brief urging Supreme Court to grant review and hold that class action defendants must be subject to specific personal jurisdiction with respect to each class member’s claims.
September 16, 2020
U.S. Chamber files amicus brief urging D.C. Circuit to recognize the Energy Policy & Conservation Act creates national fuel economy standards and preempts state and local requirements that relate to fuel economy standards.
September 15, 2020
U.S. Chamber filed coalition amicus brief urging the Fifth Circuit to grant the petition for panel rehearing, and revisit its earlier decision that failed to apply the appropriate test for timely removal under the Federal Officer Removal Statute. The U.S. Chamber filed an amicus brief previously on the merits.
September 14, 2020
U.S. Chamber files amicus brief urging full Ninth Circuit to rehear case and overturn panel holding that the Federal Arbitration Act’s exemption for transportation workers “engaged in interstate commerce” covers drivers that complete the final leg of an interstate delivery but do not cross state lines. The U.S. Chamber previously filed an amicus brief at the merits stage.
September 11, 2020
U.S. Chamber files coalition merits-stage amicus brief urging the Supreme Court to reject the Ninth Circuit’s overbroad reading of “automatic telephone dialing system” under the Telephone Consumer Protection Act. The Ninth Circuit’s interpretation violates the First Amendment by prohibiting billions of calls and texts from smartphones and by suppressing valuable communications between businesses and their customers. The U.S. Chamber filed a successful amicus brief at the cert. stage and a brief when this case was before the Ninth Circuit.
September 11, 2020
U.S. District Court for the Western District of Virginia denies plaintiffs’ motion to preliminarily enjoin CEQ’s NEPA reform regulations. The U.S. Chamber and several business associations, as intervenor defendants, opposed the motion.
September 9, 2020
U.S. Chamber and California Chamber file letter brief urging California Supreme Court to grant review of case addressing standard for listing substances under California’s Proposition 65. The U.S. Chamber previously filed an amicus brief when this case was before the California Court of Appeal.
September 9, 2020
U.S. Chamber files amicus brief urging Third Circuit to hold that Rule 23(c)(4) “issues” classes are not a separate type of class action exempt from Rule 23(b)(3)’s predominance and superiority requirements.
September 9, 2020
U.S. Chamber and group of business associations, as intervenors defending NEPA reforms, file reply in support of their motion to dismiss challenges to the CEQ’s revised NEPA regulations.
September 8, 2020
U.S. Chamber files coalition brief urging Pennsylvania Supreme Court to reject “enterprise” and “single entity” theories for piercing the corporate veil between “sister” companies.
September 8, 2020
U.S. Chamber files amicus brief urging the Seventh Circuit to affirm lower court ruling that constituents discharged into groundwater are governed by the RCRA and state law, not the CWA.
September 8, 2020
District court invalidates Department of Labor’s Final Rule defining “joint employers” under the Fair Labor Standards Act. The court held that the Final Rule violates the APA because it conflicts with FLSA and is arbitrary and capricious. The U.S. Chamber and other business associations intervened and opposed this result.
September 8, 2020
Louisiana Supreme Court refuses to review lower court decision that improperly allowed nuisance claims preempted by state regulatory regimes to proceed. The U.S. Chamber had filed an amicus brief urging the court to take review.
September 8, 2020
U.S. Chamber files a coalition merits-stage amicus brief urging the Supreme Court to reject domestic corporate liability under the Alien Tort Statute and limit its extraterritorial reach. The Chamber previously filed an amicus brief supporting the successful cert petitions in these two consolidated cases. The Chamber also filed an amicus brief in support of a petition for rehearing en banc in the Ninth Circuit.
September 7, 2020
U.S. Chamber files coalition amicus brief urging Eighth Circuit to decertify nationwide consumer class action ignoring individualized issues and longstanding choice-of-law principles. The Chamber previously filed a successful amicus brief urging the Eighth Circuit to grant the defendant’s Rule 23(f) petition for interlocutory review.
September 3, 2020
U.S. Chamber files amicus brief urging Second Circuit to grant interlocutory review and decertify insurance class action because individualized questions about each class member's exposure to alleged misstatements predominate.
September 2, 2020
U.S. Chamber and industry groups submit coalition amicus brief urging D.C. Circuit to reverse lower court decision that vacated easement for an already operating pipeline based on the government’s purported infirmities with its NEPA approval process. Previously, the U.S. Chamber filed a coalition amicus brief supporting a stay, which the D.C. Circuit granted. The Chamber also filed a brief when this case was in the U.S. District Court for the District of Columbia.
September 2, 2020
U.S. Chamber and industry groups oppose environmental groups’ efforts to preliminarily enjoin NEPA reform.
September 1, 2020
U.S. Chamber files coalition amicus brief urging West Virginia Supreme Court of Appeals to decertify liability-only issues class action against private water utility because individualized injury questions predominate.