Recent Activity

Results are sorted by the date of most recent activity.
September 13, 2019

U.S. Chamber files brief urging Second Circuit to grant Rule 23(f) petition for review and decertify medical-monitoring class action.

September 10, 2019

U.S. Chamber and Missouri Chamber file amicus brief urging reversal of $4.7 billion trial verdict in talc litigation.  The brief argues that that there was no personal jurisdiction in Missouri over out-of-state plaintiffs’ claims, that joinder of 22 plaintiffs’ claims was improper, and that punitive damages award was unconstitutional.

September 10, 2019

Third Circuit holds Natural Gas Act’s delegation of condemnation authority to private pipeline companies does not extend to condemnation of state-owned property, such that states are immune from condemnation suits unless the United States is a party.  The U.S. Chamber and aligned business groups had filed an amicus brief urging the court to uphold the pipeline company’s condemnation claims.

September 9, 2019

NLRB rejects petition for micro-bargaining unit at Boeing’s 787 production line in South Carolina.  The U.S. Chamber filed a coalition amicus brief in support of this outcome. 

September 6, 2019

U.S. Chamber files amicus brief with other business groups urging Sixth Circuit to reverse district court order that would subject oil spill response plans to NEPA reviews and ESA consultation that could not impact the decision before the agency.  

September 6, 2019

U.S. Chamber files amicus brief urging U.S. Supreme Court to reverse Federal Circuit’s overly lenient standard for allowing the United States to walk away from financial obligations to private companies induced to participate in public programs with financial assurances.  Previously, the U.S. Chamber filed a brief supporting the cert. petition.

September 6, 2019

U.S. Chamber files amicus brief in support of petition for writ of mandamus by Ohio against claims brought by Ohio municipalities in national opioid MDL, arguing that the plethora of municipal lawsuits should not proceed. 

September 5, 2019

U.S. Chamber files amicus brief urging the Pennsylvania Supreme Court to reverse a lower court decision holding that strict liability applies to claims under the “catch all” provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law.

September 5, 2019

Utah Supreme Court holds that FDA authorization of medical devices through the 510(k) process may be an affirmative defense to strict liability claims.  The U.S. Chamber had submitted an amicus brief urging the court to recognize the 510(k) process as shielding manufacturers from strict liability claims. 

September 4, 2019

U.S. Chamber files amicus brief urging Fifth Circuit to reverse trial court order and remove claims against companies acting at the direction of the federal government to federal court. 

August 30, 2019

Fifth Circuit rejects environmental groups’ challenge to CWA permit for lack of standing. The U.S. Chamber filed an amicus brief urging the court to reject the groups’ arguments. 

August 30, 2019

U.S. Chamber and New Jersey Civil Justice Institute file complaint in federal court challenging New Jersey’s A.B. 121, which effectively bans the use of bilateral arbitration in employment agreements for employers in New Jersey.  The complaint alleges that New Jersey’s law, as applied to arbitration, is preempted by the Federal Arbitration Act, and seeks declaratory and injunctive relief against the Attorney General of New Jersey from enforcing the law against employers with arbitration agreements.

August 30, 2019

National Labor Relations Board issues 3-1 opinion holding that an employer’s mistaken classification of an individual as an independent contractor, rather than an employee, does not violate the National Labor Relations Act.  The U.S. Chamber filed two amicus briefs supporting this outcome, which the Board relied upon in the reasoning in its opinion.

August 29, 2019

Second Circuit panel unanimously affirms district court decision dismissing claims attempting to apply the Commodity Exchange Act extraterritorially.  The panel’s opinion relies upon the amicus brief filed by the U.S. Chamber, citing it twice in the opinion.

August 29, 2019

U.S. Chamber files amicus brief concerning application of the “de facto officer” doctrine in Appointments Clause litigation.  The U.S. Chamber’s brief takes no position on whether there is any constitutional violation in the appointment of officers to serve on the Financial Oversight and Management Board of Puerto Rico, but argues that if the Court concludes there is a violation of the Appointments Clause here, then the de facto officer doctrine does not bar judicial relief vacating the governmental action taken by unconstitutionally appointed officers that causes injury...

August 28, 2019

U.S. Chamber and coalition of business groups file amicus brief urging the Supreme Court to hold the Comprehensive Environmental, Response, Compensation, and Liability Act (“CERCLA,” also known as Superfund) prevents state tort claims that seek to impose remedies that challenge EPA approved cleanup plans.  Previously, the U.S. Chamber also filed an amicus brief supporting the cert. petition.

August 28, 2019

U.S. Chamber files coalition amicus brief arguing, at merits stage, that the Supreme Court should hold that ERISA plan disclosures give plan participants actual knowledge of the information disclosed for statute-of-limitation purposes.

August 26, 2019

Eleventh Circuit denies petition for panel and en banc rehearing in case concerning proximate causation under the Fair Housing Act.  The U.S. Chamber filed an amicus brief in support of rehearing, arguing that the panel deviated from Supreme Court precedent applying settled principles of proximate causation.

August 26, 2019

U.S. Chamber leads coalition brief urging D.C. Circuit to reverse district court judgment that (i) overturned the Office of Management and Budget’s rejection of EEOC's burdensome new reporting requirement on employers and (ii) imposed an unreasonable timeline for compliance with that requirement.  Previously, the U.S. Chamber filed two briefs urging rejection of the requirement when this case was before the D.C. District Court.

August 23, 2019

D.C. Circuit issues mixed ruling in challenges to Obama Administration’s 2015 Ozone NAAQS.