Recent Activity

Results are sorted by the date of most recent activity.
July 2, 2021

Supreme Court grants cert to determine whether the Private Securities Litigation Reform Act’s discovery stay applies in state courts.  The U.S. Chamber filed an amicus brief supporting the cert. petition.

July 2, 2021

Supreme Court grants cert to determine whether the Rehabilitation Act, and by extension the Affordable Care Act, provides a disparate-impact cause of action for plaintiffs alleging disability discrimination.  The U.S. Chamber filed an amicus brief supporting the cert. petition.

July 1, 2021

Supreme Court holds that California law requiring disclosure of an association’s members is facially unconstitutional.  The U.S. Chamber filed amicus briefs at the cert. and merits stages supporting this outcome.

July 1, 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 State of Ohio.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

June 30, 2021

Louisiana Supreme Court affirms remand for new trial, holding that the trial court (not the jury) should have decided the amount of liability for remediation.  The U.S. Chamber filed an amicus brief asking the Court to reinstate the jury verdict. 

June 30, 2021

Fifth Circuit reverses and directs entry of judgment for Amazon.  The Fifth Circuit previously certified to the Texas Supreme Court the question whether Amazon is liable as a “seller” of goods sold by third parties in the Amazon marketplace, and relied on the Texas Supreme Court’s recent resolution of that question.  The U.S. Chamber filed amicus briefs in both courts and participated in oral argument in the Texas Supreme Court.

June 29, 2021

Supreme Court holds that Natural Gas Act lawfully delegates federal eminent domain power to private parties.  As a result, those parties can initiate condemnation proceedings, including against state-owned property.  The U.S. Chamber filed coalition amicus briefs at the cert and merits stages that supported this outcome, as well as a brief when this case was before the Third Circuit.

June 29, 2021

U.S. Chamber files coalition amicus brief opposing employer liability for off-duty, off-premises torts by employees.

June 29, 2021

In tort lawsuit raising public nuisance and other claims, New Mexico trial court issues preliminary injunction imposing new requirements on ethylene oxide emissions by medical product sterilization facility.  The U.S. Chamber filed a coalition amicus brief urging the court to exercise its discretion to dismiss or stay the suit under the doctrine of primary jurisdiction.

June 28, 2021

Supreme Court denies cert. petition concerning the legal standard for pleading refusal-to-deal claims under Section 2 of the Sherman Act.  The U.S. Chamber filed an amicus brief supporting cert. and filed two other briefs when the case was in the Seventh Circuit.

June 28, 2021

Supreme Court denies cert. in ERISA case.  The U.S. Chamber filed a coalition amicus brief, its third in this case, urging the Court to grant cert. and hold that former plan participants may not combine parts of two distinct ERISA remedies to create a third new remedy that is not authorized by any ERISA provision.

June 28, 2021

U.S. Chamber files coalition amicus brief arguing that 28 U.S.C. 1782 does not authorize discovery in support of international commercial arbitrations. 

June 28, 2021

U.S. Chamber and coalition file brief, as intervenors-defendants, (i) supporting the government’s motion for voluntary remand without vacatur of the Navigable Waters Protection Rule, or, in the alternative, (ii) seeking summary judgment upholding the Rule.

June 28, 2021

Seventh Circuit affirms dismissal of association’s Clean Water Act citizen suit for lack of jurisdiction, holding that complaint failed to show that any of the plaintiff’s members had standing.  The U.S. Chamber had filed an amicus brief urging affirmance of lower court ruling that groundwater discharges were governed by the Resource Conservation and Recovery Act (RCRA) and state law, not by the Clean Water Act.

June 26, 2021

Ninth Circuit limits the Affiliated Ute presumption of reliance in securities fraud suits to cases that primarily allege omissions.  The U.S. Chamber filed a coalition amicus brief supporting this outcome. 

June 25, 2021

Texas Supreme Court holds that, under the U.S. Supreme Court’s recent intervening decision in Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., the lower court applied too strict a standard for specific personal jurisdiction.  The U.S. Chamber filed an amicus brief and participated in oral argument in support of the lower court decision.

June 25, 2021

Texas Supreme Court reverses retaliation verdict and holds no evidence supports finding that email complaint of discrimination caused paralegal’s termination.  The U.S. Chamber filed an amicus brief in support of this outcome. 

June 25, 2021

Texas Supreme Court holds that Amazon.com cannot be held strictly liable for products sold by third parties over the Amazon marketplace because it does not take title to them.  The U.S. Chamber participated in the oral argument in support of Amazon, and filed three amicus briefs at various stages of this case in the Fifth Circuit and the Texas Supreme Court.

June 25, 2021

U.S. Supreme Court rejects certification of class action where class members lack concrete injury.  The U.S. Chamber filed coalition amicus briefs at the cert. and merits stages in support of this result.

June 25, 2021

U.S. Chamber files motion for summary judgment against the Department of Homeland Security’s 2020 Lottery Rule for H1-B applicants.

June 23, 2021

U.S. Supreme Court holds that government appropriation of an easement on employer property constitutes a per se physical taking under the Fifth Amendment.  The U.S. Chamber filed an amicus brief supporting this outcome.

June 23, 2021

District Court vacates and remands the Labor Department’s Prevailing Wage Rule, which would have priced many skilled laborers out of the United States market.  The Chamber’s challenge to the Homeland Security Department’s Lottery Rule will continue.

June 23, 2021

Second Circuit denies Rule 23(f) petition seeking interlocutory review of class certification decision that found price impact without considering whether disclosures actually corrected earlier alleged misstatements.  The U.S. Chamber filed an amicus brief supporting interlocutory review.

June 21, 2021

Third Circuit holds that only Clean Air Act reporting requirements, and not CERCLA reporting requirements, apply to emissions governed by a Clean Air Act permit.  The U.S. Chamber filed a coalition amicus brief in support of this result. 

June 21, 2021

U.S. Chamber files amicus brief urging Georgia Supreme Court to grant certiorari and hold that the apex doctrine applies to requests for depositions of senior executives in civil litigation.  

June 21, 2021

Supreme Court vacates class certification and holds that generic nature of allegedly misleading statements must be considered before certifying a class—not only when determining, later in the case, whether the statements induced reliance and inflated the stock price.  The U.S. Chamber has filed seven amicus briefs in this case.

June 21, 2021

U.S. Supreme Court denies certiorari to consider the application of Younger abstention to an unfair or deceptive practices lawsuit dreamed up by contingency-fee lawyers with no independent pre-suit investigation by the State.  The U.S. Chamber filed a coalition amicus brief in support of certiorari.

June 21, 2021

Supreme Court declines review of decision that denied healthcare insurers full recovery from the government for its refusal to honor its statutory financial obligations to insurers under the Affordable Care Act.  The U.S. Chamber filed an amicus brief in support of certiorari.

June 21, 2021

Supreme Court denies certiorari, declining to clarify application of Noer-Pennington immunity.  The U.S. Chamber filed amicus brief supporting the cert. petition and before the Third Circuit.  

June 21, 2021

District Court dismisses, as unripe, suit challenging the Council on Environmental Quality’s 2020 revision to its regulations implementing the National Environmental Protection Act.  The U.S. Chamber intervened in defense of the rule and argued in favor of this result.

June 18, 2021

U.S. Chamber files coalition amicus brief urging Ninth Circuit to hold that the False Claims Act’s public disclosure bar applies to all publicly accessible websites that disseminate information.  Such websites include the Public Patent Application Information Retrieval (“Public PAIR”) website, which is maintained by the U.S. Patent and Trademark Office.

June 18, 2021

U.S. Chamber files amicus brief urging the Supreme Court to clarify that punitive state and local fines are not excluded from federal judicial review under the Tax Injunction Act.

June 17, 2021

U.S. Supreme Court holds that the Alien Tort Statute does not apply when all of the relevant conduct, apart from general corporate oversight, occurred abroad.   The U.S. Chamber filed seven amicus briefs supporting this outcome over the life of the case.

June 16, 2021

U.S. Chamber files coalition amicus brief urging Ninth Circuit to hold that the PREP Act is a complete preemption statute, protecting businesses on the front lines of responding to COVID-19.

June 14, 2021

U.S. Supreme Court denies certiorari in case involving question whether putative state-law tort claims alleging harm from global climate change are removable to federal court because they arise under federal law.  The U.S. Chamber filed an amicus brief in support of certiorari.