Recent Activity

Results are sorted by the date of most recent activity.
August 12, 2022

D.C. Circuit dismisses Chevron’s petition for review for lack of venue.  The court did not reach the questions briefed by the Chamber concerning the availability of judicial review and the merits.

August 12, 2022

U.S. Chamber files coalition amicus brief urging Ninth Circuit to dismiss design-defect claim and reaffirm that such claims require expert proof of a specific defect, not merely that a product caused injury.  The U.S. Chamber previously filed two amicus briefs in this case.

August 9, 2022

Ninth Circuit enforces arbitration delegation clause in case involving claims by the Chickasaw Nation under the Recovery Act. The U.S. Chamber filed an amicus brief supporting this result.

August 9, 2022

U.S. Chamber files coalition amicus brief urging Eleventh Circuit to rehear case en banc because the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory scheme that preempts conflicting state law.  The Chamber previously filed an amicus brief in this case.

August 9, 2022

U.S. Chamber files coalition amicus brief urging Eleventh Circuit to reject the CFPB’s attempt to expand the Fair Credit Reporting Act’s obligations and require credit reporting agencies and furnishers to adjudicate legal disputes.

August 5, 2022

U.S. Chamber files coalition amicus brief urging Oregon Supreme Court to hold that an insured may not bring an action for negligence per se against an insurer based on a violation of ORS 746.230.  Previously, the U.S. Chamber filed an amicus brief successfully supporting review.

August 5, 2022

D.C. Circuit holds that partnerships formed to conduct activity made profitable by tax credits engage in legitimate business activity for tax purposes.  The U.S. Chamber filed a coalition amicus brief supporting this result, noting that Congress uses business tax credits to encourage many activities that are not profitable on a pre-tax basis. 

August 5, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to hold the five-year statute of limitations provided by 28 U.S.C. § 2462 does not give the agency (1) five years to issue an initial administrative assessment of a penalty without a hearing, (2) an indeterminate period in which to perform an investigation, and (3) a second five-year period in which to file a complaint in federal court. 

August 4, 2022

Ninth Circuit vacates Federal Energy Regulatory Commission orders concluding that California agency had waived its authority under section 401 of the Clean Water Act to grant or deny water quality certifications for proposed federally licensed activities.  The court holds that substantial evidence did not support FERC’s findings that the state agency had coordinated with project applicants to circumvent the Act’s one-year deadline for state action under section 401.  The U.S. Chamber filed an amicus brief opposing this outcome. 

August 4, 2022

U.S. Chamber files coalition amicus brief urging Second Circuit to reject the CFPB’s attempt to expand the Fair Credit Reporting Act’s obligations and require credit reporting agencies and furnishers to adjudicate legal disputes.

August 3, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to revisit its earlier decision in Amazon v. Rittmann and hold that local drivers delivering goods that once traveled in interstate commerce do not fall within the transportation worker exemption to the Federal Arbitration Act.

August 2, 2022

U.S. Chamber files amicus brief urging Sixth Circuit to grant rehearing and hold that the Chenery doctrine binds agencies to the reasons given in their decisions and that vacatur is an appropriate remedy for a decision issued by an improperly appointed FDIC administrative law judge.

August 2, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to enforce delegation clauses and recognize the importance of pre-arbitration dispute-resolution mechanisms.

August 2, 2022

U.S. Chamber files amicus brief urging Fifth Circuit to reverse order certifying a multi-plan ERISA class action.  The U.S. Chamber previously filed two successful amicus briefs in this case, obtaining reversal of an earlier class certification order and supporting interlocutory review of this class certification order. 

August 1, 2022

U.S. Chamber files amicus brief urging Second Circuit to reject plaintiffs’ contention that in a False Claims Act case, the pre-2010 public disclosure bar provisions are triggered only by a prior public disclosure that involved the exact same allegations at issue in the case and that specifically named the defendant in the case.  The brief also urges the court to uphold the robust application of Fed. R. Civ. P. 9(b) in FCA cases.

July 29, 2022

U.S. Chamber files coalition amicus brief urging First Circuit to dismiss no-injury class action.

July 29, 2022

U.S. Chamber files coalition amicus brief urging New York Appellate Division to hold that New York’s repeal of COVID-liability protections is not retroactive.

July 29, 2022

Tenth Circuit holds that exclusive-dealing arrangements did not violate Section 2 of the Sherman Act.  Open Markets Institute and other amici questioned the consumer-welfare standard and argued that such arrangements are unlawful even without proof of anticompetitive effects.  The U.S. Chamber filed an amicus brief rebutting those arguments.

July 29, 2022

U.S. Chamber files amicus brief urging Michigan Supreme Court to reaffirm traditional open-and-obvious defense to premises liability.

July 28, 2022

U.S. Chamber files coalition lawsuit challenging SEC rule that reverses a 2020 rule governing proxy advisors, which created key investor protections regarding proxy voting advice, eliminated conflict of interests, and required new transparency and accountability measures for proxy advisory firms.