Recent Activity

Results are sorted by the date of most recent activity.
July 26, 2022

Third Circuit holds that every plaintiff in a FLSA collective action filed in federal court must establish personal jurisdiction over each defendant.  The U.S. Chamber filed an amicus brief supporting this outcome.

July 25, 2022

Ninth Circuit affirms denial of plaintiff’s motion for summary judgment on its claim that SB 17 -- a California law that regulates changes to a drug’s Wholesale Acquisition Cost or list price -- violates the dormant Commerce Clause.  The U.S. Chamber filed an amicus brief supporting the plaintiff on that issue and on a free speech issue the court did not reach. .

July 21, 2022

U.S. Chamber files coalition amicus brief urging Pennsylvania Supreme Court to adopt a more rigorous standard for establishing state-court venue.

July 20, 2022

U.S. Chamber files coalition amicus brief urging Oregon Supreme Court to retain traditional but-for causation as the default tort causation standard.

July 20, 2022

Fifth Circuit denies permission to appeal the certification of damages class that includes many individuals with no Article III standing.  The U.S. Chamber filed a coalition amicus brief opposing this result.

July 18, 2022

U.S. Chamber files reply in support of its motion for leave to participate as amicus curiae in ERISA case.

July 18, 2022

U.S. Chamber files amicus brief urging Pennsylvania Supreme Court to hold that juries in products-liability cases may consider evidence that a product complies with government and industry safety standards.

July 18, 2022

U.S. Chamber files coalition amicus brief urging Ohio Supreme Court to hold that plaintiffs alleging manufacturing defects must rule out reasonable alternative causes of injury.

July 18, 2022

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari to resolve circuit split over application of the Federal Arbitration Act’s transportation worker exemption to local drivers delivering goods that once traveled in interstate commerce.

July 18, 2022

U.S. Chamber files amicus brief urging First Circuit to 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.

July 15, 2022

U.S. Chamber files amicus brief urging Supreme Court to read the text and history of the Fair Labor Standards Act (FLSA) to exempt highly compensated employees from overtime pay requirements.  

July 15, 2022

Second Circuit rules for defendant in securities fraud case, rejecting SEC’s argument that misstatements and omissions alone can form the basis for scheme liability. The court explained that scheme liability requires something beyond misstatements and omissions, such as dissemination.  The court held that its decision in Lentell v. Merrill Lynch & Co., 396 F.3d 161 (2d Cir. 2005), was not abrogated by Lorenzo v. SEC, 139 S. Ct. 1094 (2019).  

July 15, 2022

U.S. Chamber files coalition amicus brief urging Arizona Supreme Court to hold that a consumer contract can be modified, including the addition of an arbitration clause, by providing reasonable notice to the consumer if the consumer does not reject the modification in a timely fashion.

July 14, 2022

Fourth Circuit grants petition for review of decision certifying a class whose members cannot be readily identified and an “issues” class to pursue elements of negligence when the negligence claim itself could not satisfy Rule 23(b)(3).  The U.S. Chamber filed a coalition amicus brief supporting such review.

July 14, 2022

U.S. Chamber files lawsuit challenging Federal Trade Commission’s denial of FOIA requests.  

July 14, 2022

Eighth Circuit affirms dismissal of Missouri challenge to a provision of the Covid relief bill that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber filed an amicus brief opposing this result. 

July 13, 2022

Sixth Circuit largely affirms dismissal of ERISA claims challenging TriHealth’s 401(k) plan choices. It relied on the recent decision in Smith v. CommonSpirit Health to reject plaintiffs’ claims that plan expenses were excessive, and that the plan should have included alternative investments with lower fees and higher performance. But the court reversed the dismissal of claims that TriHealth violated the duty of prudence by failing to offer share classes that were less expensive. The U.S. Chamber filed an amicus brief supporting dismissal of all claims. 

July 13, 2022

General Court of the EU concludes that the European Commission has authority to review the merger of Illumina and Grail, notwithstanding its tenuous connection to the EU.  The U.S. Chamber submitted a letter opposing this result. 

July 13, 2022

Washington Supreme Court agrees to hear case about the proper jury instructions regarding the known or obvious defense to premises liability. The U.S. Chamber filed an amicus brief urging the Court to grant review.

July 13, 2022

U.S. Chamber files reply in support of its motion for leave to participate as amicus curiae in ERISA case.

July 12, 2022

Eleventh Circuit holds that state failure-to-warn claims are not preempted by the registration requirements of the Federal Insecticide, Fungicide, and Rodenticide Act.

July 12, 2022

Supreme Court of Missouri rejects requirement of special consideration for an arbitration agreement within a single, integrated contract and explains that even a one-sided agreement within a contract otherwise supported by mutual promises may not be unconscionable under Missouri law.  The U.S. Chamber filed a coalition amicus brief in support of this result.

July 12, 2022

Supreme Court of Missouri rejects requirement of special consideration for an arbitration agreement within a single, integrated contract and explains that even a one-sided agreement within a contract otherwise supported by mutual promises may not be unconscionable under Missouri law.  The U.S. Chamber filed a coalition amicus brief in support of this result.

July 12, 2022

U.S. Chamber files coalition amicus brief urging Federal Circuit to reject trade restrictions on bifacial solar panels. 

July 11, 2022

U.S. Chamber files amicus brief, in suit brought by local governments against energy companies for damages allegedly attributable to climate change, urging Supreme Court to grant review and decide (1) whether federal rather than state common law applies to the plaintiffs’ claims, and (2) whether a plaintiff may evade federal jurisdiction by pleading federal common law claims as state-law claims.  The U.S. Chamber previously filed an amicus brief in this case before the Tenth Circuit. 

July 11, 2022

U.S. Chamber files coalition amicus letter brief urging California Supreme Court to grant review and reverse court of appeal’s decision exposing insurance companies to massive civil monetary penalties. 

July 8, 2022

U.S. Chamber files coalition amicus brief urging New Hampshire Supreme Court to reject freestanding tort claim or remedy for medical monitoring.

July 8, 2022

Second Circuit orders partial enforcement of arbitral award against foreign state-owned entity, clarifying that courts must consider all relevant fairness factors when deciding whether to afford comity to a foreign court’s judgment refusing to enforce such an award. The U.S. Chamber filed an amicus brief urging the Second Circuit to fully enforce the arbitral award.

July 8, 2022

U.S. Chamber files coalition amicus letter urging California Court of Appeal to reject novel theory of products liability for non-defective products.

July 7, 2022

U.S. Chamber files coalition amicus brief urging Third Circuit to hold, in False Claims Act case, that allegedly false claims were not material as a matter of law where the undisputed evidence showed that the government investigated plaintiffs’ allegations but continued to pay defendant’s claims and failed to take any steps to recoup payments. 

July 7, 2022

Eighth Circuit holds plaintiff had shown causation despite inability to identify specific company whose product caused the relevant damage.  The U.S. Chamber filed coalition amicus brief opposing this outcome.

July 7, 2022

Ninth Circuit holds that none of the grounds for removal asserted on appeal by the defendants give rise to federal removal jurisdiction.  The U.S. Chamber filed an amicus brief opposing this outcome.  The court did not rule on the Chamber’s argument that the federal-officer removal statute does not require a causal nexus between acts taken under federal direction and the plaintiffs’ claims.

July 7, 2022

U.S. Chamber files amicus brief in Tenth Circuit arguing that Federal Arbitration Act requires enforcement of arbitration agreement in ERISA plan.

July 7, 2022

U.S. Chamber files amicus brief urging Supreme Court to hold that Congress has not impliedly preempted ordinary federal-question review of constitutional challenges to the SEC’s structure.

July 6, 2022

West Virginia Supreme Court of Appeals reverses and remands order certifying liability-only issues class action against private water utility.  The U.S. Chamber filed an amicus brief supporting this outcome.