Recent Activity

Results are sorted by the date of most recent activity.
April 19, 2021

U.S. Supreme Court denies petition for writ of certiorari to review certification of a class that had an intraclass conflict of interest.  The U.S. Chamber filed an amicus brief supporting the cert. petition, as well as a brief when this case was before the Eighth Circuit.

April 16, 2021

U.S. Chamber files coalition amicus brief urging Seventh Circuit to adopt Safeco’s “objectively reasonable” standard for scienter in False Claims Act cases.

April 15, 2021

Ninth Circuit denies rehearing en banc to a company seeking pre-enforcement judicial review of its constitutional challenges to the FTC’s authority.  The U.S. Chamber filed a coalition amicus brief urging review.

April 15, 2021

District Court grants the Chamber’s motion for leave to amend its prior complaint, which challenged the interim DOL prevailing wage rule, to add claims challenging the final prevailing wage rule and the DHS lottery rule.  As a result, the very capable judge who presided over our earlier, successful challenge will decide our new challenges.

April 15, 2021

U.S. Chamber files coalition amicus brief supporting the State of Missouri’s motion for a preliminary injunction against the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens.

April 14, 2021

U.S. Chamber urges Sixth Circuit to hold that the restrictions on removal of FDIC administrative law judges violate the Constitution. 

April 14, 2021

U.S. Chamber files amicus brief opposing certification of a class containing members who suffered no injury but seek to pursue a novel theory of procedural harm under ERISA.

April 13, 2021

U.S. Chamber files coalition amicus brief supporting reversal of the district court’s denial of associations’ motion for a preliminary injunction against California’s net neutrality law.  The California net neutrality law would both treat the Internet like a public utility and create a disparate patchwork of state laws.  Previously, in the district court, the U.S. Chamber filed coalition amicus briefs in this case.

April 12, 2021

U.S. Chamber files coalition brief urging the Massachusetts Supreme Judicial Court to recognize the special constitutional concerns raised by punitive damages awards and to enforce the Massachusetts Attorney General’s express settlement of such claims. 

April 9, 2021

U.S. Chamber files coalition amicus brief supporting the State of Ohio’s motion for a preliminary injunction against the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens.

April 9, 2021

The U.S. Chamber filed a motion – which the Ninth Circuit granted – to effectively put the government’s appeal in abeyance until after the non-immigrant visa proclamation is set to expire on March 31, 2021. Proceedings continue in district court:  The District Court granted the Chamber’s motion for leave to amend its prior complaint to add claims challenging the final prevailing wage rule and the DHS lottery rule.  This case continues under the caption Chamber v. DHS.

April 8, 2021

Second Circuit denies Department of Labor’s motion to hold in abeyance appeals by the U.S. Chamber and the Department of a district court decision invalidating the joint-employer rule.  The U.S. Chamber filed a coalition brief supporting this result.

April 6, 2021

Ninth Circuit denies rehearing en banc to consider whether its precedent, which nullifies arbitration agreements requiring individual arbitration of PAGA claims, is inconsistent with the Federal Arbitration Act.  The U.S. Chamber filed an amicus brief opposing this result.

April 6, 2021

Eleventh Circuit holds that websites are not places of public accommodation under Title III of the ADA.  The U.S. Chamber filed an amicus brief supporting this result. 

April 6, 2021

Ninth Circuit decertifies three classes, concluding that the presence of a large number of uninjured class members defeats predominance and remanding for resolution of factual disputes on the number of such uninjured class members.  The U.S. Chamber filed an amicus brief supporting this result.

April 5, 2021

U.S. Chamber files reply brief supporting its amicus brief that urged Ohio Supreme Court to apply presumption in favor of arbitration to the interpretation of arbitration clauses in collective-bargaining agreements.

April 5, 2021

U.S. Chamber files coalition amicus brief urging Supreme Court to take up the issue of mass joinder, which raises serious due process concerns for defendants.

April 5, 2021

U.S. Chamber urges Ninth Circuit to uphold the National Labor Relations Act’s ban on secondary boycotts of neutral third parties. 

April 5, 2021

U.S. Chamber files amicus brief in Ninth Circuit supporting the right of a business to intervene when the government fails to appeal an adverse FOIA ruling.

April 2, 2021

U.S. Chamber files amicus brief urging district court to dismiss indictment alleging that non-solicitation agreement gives rise to per se criminal liability under the Sherman Act. 

April 2, 2021

U.S. Chamber files coalition amicus brief arguing against unduly broad interpretation of the crime-fraud exception to attorney-client privilege that would threaten cooperative non-prosecution and deferred-prosecution agreements with the government.

April 1, 2021

Second Circuit affirms dismissal of tort climate change lawsuit brought by New York City.  The U.S. Chamber filed an amicus brief supporting this outcome. 

April 1, 2021

U.S. Supreme Court narrowly construes “automatic telephone dialing system” under the Telephone Consumer Protection Act. The Court ruled 9-0 that an autodialer must have the capacity to use a random or sequential number generator to store or produce phone numbers.  The U.S. Chamber filed a coalition amicus brief supporting this result, as well as a brief in support of certiorari and a brief when this case was before the Ninth Circuit.

April 1, 2021

U.S. Chamber urges Pennsylvania Superior Court to grant reargument en banc of decision expanding joint and several liability under Pennsylvania’s Fair Share Act.

March 31, 2021

Ninth Circuit reverses order denying defendants’ motions to dismiss False Claims Act suit and rejects relator’s reliance on statistical analysis to allege falsity.  The Court explained that relator had merely offered a “possible explanation . . . to explain a statistical trend that is consistent with a plausible alternative (and legal) explanation.”  The U.S. Chamber filed an amicus brief supporting this outcome.

March 31, 2021

U.S. Chamber files amicus brief urging the Fourth Circuit to rehear en banc an appeal from a class certification where the class did not suffer a uniform, classwide injury, nor any concrete injury at all.

March 30, 2021

U.S. Chamber files brief arguing against expanding strict liability for a defective product to the manufacturer of a mere component part that was not itself defective. 

March 29, 2021

U.S. Chamber files coalition amicus brief defending Missouri’s cap on medical malpractice damages as a lawful exercise of the Missouri legislature’s authority.

March 26, 2021

U.S. Chamber files coalition amicus brief in support of traditional limits on public nuisance doctrine.  

March 25, 2021

U.S. Chamber files amicus brief urging Supreme Court to grant review of Federal Circuit decision that denied healthcare insurers full recovery from the government for its refusal to honor its statutory financial obligations under the Affordable Care Act to the insurers.  

March 25, 2021

District Court permanently enjoins the New Jersey Attorney General from enforcing a New Jersey statute that effectively prohibits the use of pre-dispute arbitration agreements in New Jersey, concluding the law is preempted by the Federal Arbitration Act.  The U.S. Chamber brought this lawsuit with the New Jersey Civil Justice Institute.  

March 25, 2021

Supreme Court holds that specific jurisdiction may lie so long as the plaintiff’s claims and a defendant’s in-state conduct are sufficiently related, even absent a direct causal relationship between the two.  The U.S. Chamber filed coalition amicus briefs at the cert. stage and merits stage opposing this result.

March 25, 2021

Supreme Court holds that specific jurisdiction may lie so long as the plaintiff’s claims and a defendant’s in-state conduct are sufficiently related, even absent a direct causal relationship between the two.  The U.S. Chamber filed coalition amicus briefs at the cert. stage and merits stage opposing this result.

March 25, 2021

California Court of Appeal reverses judgment and orders new trial because of trial court’s failure to apportion non-economic damages in product liability case.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.  

March 24, 2021

U.S. Chamber files coalition amicus brief arguing against applying Younger abstention to an unfair or deceptive practices lawsuit dreamed up by contingency-fee lawyers with no independent pre-suit investigation by the State.