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U.S. Chamber Sues EPA and Army Corps Over Water Regulatory Overreach
Recent Activity
Results are sorted by the date of most recent activity.
March 28, 2023
District Court upholds DHS’s H-4 Rule, a work authorization program for spouses of highly skilled laborers with H1-B visas.
March 28, 2023
Second Circuit affirms dismissal of False Claims Act (FCA) suit, holding (1) that FCA’s pre-2010 public disclosure bar applied to suit that was based, at least in part, on prior disclosure of alleged scheme, even though a relevant defendant was not named in the disclosure; and (2) that the original-source exception to the public disclosure bar did not apply. The U.S. Chamber filed an amicus brief supporting this outcome.
March 28, 2023
U.S. District Court dismisses FTC claim against Walmart, ruling that Walmart’s processing of money transfers is not “substantial assistance” of violations of the Telemarketing Sales Rule where Walmart lacks knowledge that particular transfers are aiding fraudulent behavior. The court declined to dismiss a claim under Section 5 of the FTC Act. The U.S. Chamber filed a coalition amicus brief urging dismissal of both claims.
March 28, 2023
U.S. Chamber files coalition amicus brief urging Supreme Court to hold that if a defendant’s conduct was consistent with an objectively reasonable interpretation of an ambiguous provision, the defendant cannot be liable for treble damages and penalties under the False Claims Act unless authoritative guidance warned the defendant away from that interpretation.
March 27, 2023
U.S. Supreme Court grants cert to decide whether uninjured “tester” plaintiffs have Article III standing to sue under the Americans with Disabilities Act. The U.S. Chamber filed a coalition amicus brief urging the Court to grant cert.
March 27, 2023
U.S. Chamber files amicus brief urging Supreme Court to grant review and hold that realization is a threshold requirement for the definition of income under the Sixteenth Amendment.
March 27, 2023
U.S. Chamber files coalition amicus brief urging Fifth Circuit, sitting en banc, (1) to enforce Article III standing requirements in assessing citizen-suit plaintiffs’ standing to assert claims for alleged violations of the Clean Air Act (CAA); and (2) to enforce the CAA’s limits on the factors that courts may consider in assessing penalties for CAA violations.
March 27, 2023
U.S. Chamber files amicus brief urging Northern District of Illinois to reject third-party litigation funder’s effort to prevent parties from settling their litigation.
March 27, 2023
District court dismisses plaintiffs’ claims for breach of fiduciary duty under ERISA, holding the plaintiffs had not alleged sufficient facts to show that the recordkeeping fees were unreasonable or that offering the active fund option was imprudent. The U.S. Chamber submitted an amicus brief supporting dismissal.
March 23, 2023
Kentucky Supreme Court holds that security screenings are non-compensable work under state law. The U.S. Chamber filed a coalition amicus brief supporting this outcome.
March 23, 2023
Illinois Supreme Court holds 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. The U.S. Chamber filed a coalition amicus brief supporting this outcome.
March 23, 2023
On remand from Supreme Court, Seventh Circuit reverses dismissal of plaintiffs’ recordkeeping-fees and share-class claims under ERISA, but affirms dismissal of all other claims. The Chamber filed an amicus brief urging the Seventh Circuit to affirm dismissal of all claims.
March 23, 2023
District court declines to certify appeal of order allowing private right of action for violations of New York labor law providing for weekly payment of manual workers. The U.S. Chamber filed a coalition amicus brief supporting certification.
March 22, 2023
Third Circuit denies petition for rehearing to reconsider the novel standard that the panel set for determining whether a debtor is in financial distress and able to access chapter 11. The U.S. Chamber filed a coalition amicus brief in support of rehearing.
March 22, 2023
U.S. Chamber files amicus brief urging Massachusetts Appeals Court to reverse the trial court and enforce the terms of an online agreement requiring that disputes between Uber and its passengers be submitted to arbitration.
March 21, 2023
U.S. Chamber files coalition amicus brief urging district court to dismiss a lawsuit brought by the CFPB and New York Attorney General against an indirect auto lender. The brief that the plaintiffs’ theory of liability ignores the clear language of TILA and the Dodd-Frank Act’s prohibition on regulating auto dealers.
March 21, 2023
New Hampshire Supreme Court rejects freestanding tort claim for medical monitoring without present physical injury. The U.S. Chamber filed a coalition amicus brief supporting this result.
March 17, 2023
U.S. Chamber, at invitation of Connecticut Supreme Court, files amicus brief urging the court to uphold Governor Ned Lamont’s Executive Order 7V granting healthcare facilities and professionals immunity from suit for actions related to the COVID-19 pandemic response.
March 16, 2023
U.S. Chamber and coalition file reply appellate brief urging Fourth Circuit to allow their suit against Maryland’s Digital Advertising Gross Revenues Tax Act to proceed.
March 16, 2023
U.S. Chamber files amicus brief arguing that state court of appeals should order dismissal of purported state-law claims seeking to impose liability for the effects of global climate change. Federal common law governs such claims – leaving no room for state law – even if the claims purportedly relate to advertising, and the Clean Air Act’s displacement of federal common law in this area does not change this result. The Chamber filed two amicus briefs previously in this case.