NEWS ALERT:
U.S. Chamber of Commerce Stands Up to FTC Going Rogue
Recent Activity
Results are sorted by the date of most recent activity.
November 24, 2021
U.S. Chamber files amicus brief urging D.C. Circuit to hold that district court erred in applying proportionate-share approach to determining False Claims Act damages against non-settling defendant in case where use of proportionate-share method, after other defendants had already paid damages in settlements, would allow government to seek total damages in excess of FCA’s treble damages cap and would require collateral litigation to apportion fault for conduct dating back to early 2000s.
November 24, 2021
U.S. Chamber files amicus brief urging Second Circuit to reject SEC’s expansive view of scheme liability under the securities laws.
November 24, 2021
U.S. Chamber files coalition amicus brief in support of cert petition, arguing that “risk factors” disclosed in a securities filing must disclose only future risks – not, as in this case, past, remedied risks.
November 23, 2021
U.S. Chamber files coalition amicus brief urging Supreme Court of Texas to grant mandamus and prevent broad discovery under a premises liability theory for an inherently unforeseeable criminal act.
November 23, 2021
U.S. Chamber files amicus brief supporting petition for rehearing en banc in Third Circuit to reverse panel decision and hold that the PREP Act is a complete preemption statute, protecting businesses on the front lines of responding to COVID-19.
November 23, 2021
U.S. Chamber files amicus brief in Ninth Circuit arguing that SB 17 -- a California law that regulates changes to a drug’s Wholesale Acquisition Cost (WAC) or list price -- violates both the dormant Commerce Clause and the First Amendment by directly regulating extraterritorial commerce and compelling speech on a controversial policy question.
November 23, 2021
U.S. Chamber files amicus brief urging Eleventh Circuit to reverse district court’s class certification and hold that neither allegations of the risk of future harm stemming from a data breach nor self-imposed costs satisfy the requirements of Article III standing.
November 23, 2021
U.S. Chamber files coalition amicus brief in Ohio Supreme Court arguing that Ohio’s statute capping noneconomic damages (on its face and as applied in this case) comports with the Ohio Constitution, consistent with state supreme court precedent.
November 22, 2021
U.S. Chamber files amicus brief urging Third Circuit to reverse the district court and hold that a district court may not order that notice be sent to potential members of a collective action who have agreed to resolve their disputes by arbitration on an individual basis and thus disregard the Federal Arbitration Act’s mandate that those agreements be enforced.
November 22, 2021
U.S. Chamber files amicus brief arguing that federal common law claims regarding the effects of global climate change are removable to federal court even if the plaintiff fails to acknowledge the federal nature of its claims.
November 22, 2021
U.S. Chamber files amicus brief urging Ninth Circuit to reject challenges to Federal Energy Regulatory Commission’s (FERC’s) recent updates to its regulations implementing the Public Utility Regulatory Policies Act of 1978 (PURPA). The Chamber regards FERC’s PURPA reforms as necessary and reasonable measures to reflect the profound transformation of our nation’s energy production, transmission, and distribution systems since PURPA was enacted in 1978.
November 22, 2021
Eleventh Circuit sua sponte orders that the case be reheard en banc. The U.S. Chamber filed a coalition amicus brief in support of rehearing.
November 19, 2021
U.S. Chamber files amicus brief urging Ninth Circuit to affirm the district court’s dismissal of an ERISA excessive-fee litigation complaint.
November 18, 2021
U.S. Chamber files amicus brief urging Georgia Supreme Court to hold that the apex doctrine applies to requests for depositions of senior executives in civil litigation. The U.S. Chamber filed an amicus brief supporting certiorari and two other briefs before the Georgia Court of Appeals in this case.
November 18, 2021
California Superior Court denies preliminary injunction after finding Handy Technologies, Inc. would suffer irreparable harm if forced to immediately reclassify workers as employees. The U.S. Chamber filed an amicus brief supporting this outcome.
November 17, 2021
U.S. Chamber files amicus brief urging California Supreme Court to hold that attorneys’ fees are subject to the FTC Holder Rule’s cap on a consumer’s total “recovery” on a consumer credit contract against a third-party holder of the contract.
November 17, 2021
U.S. Chamber files coalition amicus brief urging Massachusetts Supreme Judicial Court to hold that the independent contractor test does not apply to the franchise relationship.
November 16, 2021
District court denies motion to remand, finding revocation of easement for cross-border pipeline raises federal issues. The U.S. Chamber filed a coalition amicus brief supporting this outcome.
November 15, 2021
U.S. Chamber files coalition amicus brief urging U.S. Supreme Court to grant cert. and reverse Ninth Circuit by clarifying that the “in connection with” language in the Securities Litigation Uniform Standards Act must be read broadly to effect the statute’s text and purpose. The brief argues that SLUSA restricts the kinds of class actions that can be brought based on state law claims regarding securities.
November 15, 2021
District Court holds that the Tax Mandate violates the Constitution’s Spending Clause, and permanently enjoins the U.S. Department of the Treasury from enforcing the Tax Mandate against the States of West Virginia, Alabama, Alaska, Arkansas, Florida, Iowa, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, and Utah. The Chamber filed a coalition amicus brief supporting those States and this outcome. Ohio, Kentucky, and Tennessee have also won victories against the Tax Mandate in District Courts, with the support of the U.S. Chamber.