Recent Activity

Results are sorted by the date of most recent activity.
November 23, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that attorney-client privilege protects communications with mixed legal and non-legal purposes.  The Chamber previously filed an amicus brief in this case successfully supporting cert.

November 23, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to resolve circuit split regarding whether the National Bank Act preempts State laws mandating interest payments on mortgage escrow accounts.

November 22, 2022

U.S. Chamber, Business Roundtable, and Tennessee Chamber file reply brief in support of summary judgment on their challenge to the SEC’s 2022 proxy advisor rule.

November 21, 2022

U.S. Supreme Court denies certiorari to consider whether the PREP Act provides complete preemption for certain claims against businesses on the front lines of fighting COVID-19.  The U.S. Chamber filed a coalition amicus brief supporting certiorari.

November 21, 2022

U.S. Supreme Court denies certiorari to consider whether ERISA preempts state and local laws that require employers to make minimum monthly healthcare expenditures for their covered employees.  The U.S. Chamber filed a coalition amicus brief supporting certiorari.

November 21, 2022

Fifth Circuit reverses class certification and remands with instructions to dismiss for lack of Article III standing.  The U.S. Chamber filed two amicus briefs supporting this outcome.

November 21, 2022

U.S. Chamber submits amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaint.

November 21, 2022

U.S. Chamber files coalition amicus brief urging federal district court to hold that the federal Clean Air Act and Airline Deregulation Act each preempt a California air quality district’s regulations that effectively require warehouses within the district to purchase, or cause to be purchased, zero-emission or near-zero-emission vehicles to be used as the trucks transporting the freight stored at those warehouses.

November 18, 2022

U.S. Chamber files coalition amicus brief urging Texas Supreme Court to dismiss corporate veil-piercing claims against investors based on ordinary private-equity oversight practices.  Previously, the Chamber filed an amicus letter supporting mandamus.

November 18, 2022

California Court of Appeal holds that private party may pursue California False Claims Act lawsuit predicated on alleged failure to report and deliver unclaimed property, even though State Controller provided defendant with no notice of alleged violation. The U.S. Chamber filed a coalition amicus brief opposing this outcome.  

November 18, 2022

Ninth Circuit vacates and remands for reconsideration of jurisdiction in light of its decision that the PREP Act is not a complete preemption statute.  The U.S. Chamber filed a coalition amicus brief supporting complete preemption.

November 18, 2022

Sixth Circuit holds that the federal Tax Mandate is unconstitutionally vague.  The court also held that while Tennessee had established a justiciable controversy, Kentucky had not.  As a result, the Sixth Circuit upheld permanent injunctive relief with respect to Tennessee but not Kentucky.  The U.S. Chamber filed coalition amicus briefs on appeal and in the district court arguing that the Tax Mandate is unconstitutional and should be enjoined.

November 18, 2022

Sixth Circuit dismisses as moot Ohio’s challenge under the Constitution’s Spending Clause to the federal statutory “Tax Mandate,” on the grounds that the Treasury Department’s implementing regulation narrowly interpreted the Tax Mandate’s scope and that Treasury asserted it will enforce that narrow interpretation, not the broader interpretation of the statutory text.  The Sixth Circuit vacated the district court’s permanent injunction.  The U.S. Chamber filed a coalition amicus brief opposing this result, and had earlier filed a coalition amicus brief in the district court.

November 17, 2022

U.S. Chamber submits coalition amicus brief urging Illinois Supreme Court to hold that the Labor Management Relations Act preempts certain Illinois Biometric Information Privacy Act claims that are governed by collective bargaining agreements with broad management right clauses. 

November 17, 2022

U.S. Chamber files coalition amicus brief urging Fifth Circuit to reject plaintiffs’ attempt to defeat federal removal by adding meritless claims against in-state corporate employees.

November 16, 2022

U.S. Chamber files coalition amicus brief urging Fifth Circuit to grant panel rehearing or, in the alternative, rehearing en banc to revisit panel decision holding that district court lacked federal officer removal jurisdiction over litigation against energy companies concerning their actions under federal direction to maximize the production of crude oil during World War II.  The U.S. Chamber previously filed three amicus briefs in this case.

November 16, 2022

Ninth Circuit holds that autodialers covered by the TCPA must be capable of generating random or sequential telephone numbers. The U.S. Chamber filed an amicus brief supporting this result.

November 15, 2022

U.S. Chamber submits amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaint.

November 14, 2022

U.S. Supreme Court denies certiorari to resolve split over whether a class may be certified where more than a de minimis number of unnamed class members may be uninjured.  The U.S. Chamber filed a brief in support of certiorari, as well as two amicus briefs when this case was before the Ninth Circuit.

November 14, 2022

U.S. Chamber files amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaint.