Recent Activity

Results are sorted by the date of most recent activity.
June 2, 2020

Third Circuit certifies question to Pennsylvania Supreme Court, asking the state’s high court to determine whether an e-commerce business is strictly liable under Pennsylvania law for a defective product purchased from a third-party vendor through the e-commerce business’ online marketplace.  The U.S. and PA Chambers filed an amicus briefing urging the Third Circuit to recognize that Pennsylvania law does not impose strict liability to the e-commerce business in this circumstance. 

June 2, 2020

U.S. Chamber files amicus brief defending the constitutionality of West Virginia law that regulates lawyer advertisements concerning medical drugs and devices.  

June 1, 2020

Supreme Court holds that a participant in a defined-benefit ERISA plan who has received all vested benefits—and who has not shown a “substantially increased risk that the plan and employer would both fail”—has no standing to sue for breach of fiduciary duty under ERISA.  The U.S. Chamber filed an amicus brief supporting this outcome. 

June 1, 2020

Supreme Court reverses Eleventh Circuit, holding that the New York Convention governing international arbitration does not conflict with domestic contract-law doctrines permitting nonsignatories to enforce arbitration agreements.  The U.S. Chamber filed an amicus brief supporting this outcome.

June 1, 2020

Supreme Court holds that the Appointments Clause does not govern the appointment of members of the Financial Oversight and Management Board for Puerto Rico. The U.S. Chamber’s amicus brief took no position on this question, arguing only that the de facto officer doctrine does not bar full judicial relief if there had been a constitutional violation. Because the Court found no violation, it did not address the remedial issue.

June 1, 2020

Supreme Court declines cert. petition considering whether a bankruptcy trustee may use the Bankruptcy Code to claw back purely foreign transactions between foreign entities or whether such claims are barred by the presumption against extraterritoriality.  The U.S. Chamber files an amicus brief supporting the cert. petition.

June 1, 2020

Supreme Court denies cert. petition considering whether 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 files an amicus brief supporting the cert. petition.

June 1, 2020

U.S. Chamber files coalition amicus brief in Second Circuit regarding the pleading standard for ERISA stock-drop claims.  Previously, the U.S. Chamber filed coalition amicus briefs when this case was before the U.S. Supreme Court.

May 29, 2020

Ninth Circuit refuses to stay overbroad district court order that vacated and enjoined Clean Water Act Nationwide Permit 12’s applicability to oil and gas pipelines.  The Chamber submitted an amicus brief urging the court to stay the district court’s order pending appeal.

May 29, 2020

Tenth Circuit reverses district court’s summary-judgment ruling for Genentech, rejecting the district court’s conclusion that federal law preempts plaintiffs’ state-law claims. The U.S. Chamber filed a brief urging the court to affirm the district court’s ruling.

May 29, 2020

Fifth Circuit dismisses appeal in Bone Cave harvestman Endangered Species Act suit for lack of jurisdiction.  The court did not reach the merits of whether Congress has authority to regulate this purely intrastate species.  The U.S. Chamber filed a coalition brief arguing that regulation of this species exceeds Congress’s authority under the Commerce Clause and the Necessary and Proper Clause.

May 29, 2020

U.S. Chamber files coalition brief urging D.C. Circuit to deny AFL-CIO’s petition to force OSHA to issue an emergency standard governing COVID-19 workplace risks.

May 28, 2020

Fifth Circuit affirms dismissal of False Claims Act suit.  The Fifth Circuit rejected the relator’s reliance on statistical data to allege fraud, reasoning that statistical data does not satisfy pleading requirements if it is “also consistent with a legal and obvious alternative explanation.”  The U.S. Chamber filed a coalition brief supporting this outcome.  

May 28, 2020

Tennessee Court of Appeals upholds constitutionality of state cap on noneconomic damages.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

May 27, 2020

Ninth Circuit holds that it lacks jurisdiction to review grounds for removal to federal court beyond those identified in the “federal officer removal statute” and affirms district court holding that it lacked jurisdiction under the federal officer removal statute.  The U.S. Chamber had filed an amicus brief urging the court to review all bases for removal and to accept federal subject matter jurisdiction over climate nuisance claims.  

May 27, 2020

D.C. Circuit affirms dismissal of suit alleging political bias by technology companies, holding that the First Amendment does not apply to privately owned social media outlets and that local D.C. law prohibiting discrimination in public accommodations only covers physical locations. The U.S. Chamber filed a coalition amicus brief supporting this outcome.

May 26, 2020

Ninth Circuit vacates district court order that had accepted federal subject matter jurisdiction over climate nuisance suits and dismissed plaintiffs’ claims.  However, the court remanded for further consideration of other grounds for removal to federal court.  The U.S. Chamber had filed an amicus brief urging the court to affirm the district court’s order. 

May 26, 2020

U.S. Chamber and business associations move to intervene in defense of the “Navigable Waters Protection Rule” defining “Waters of the United States” under the Clean Water Act.

May 26, 2020

U.S. Chamber files coalition amicus brief urging Second Circuit to affirm district court's judgment granting motion to dismiss Anti-Terrorism Act claims brought against several international banks.