Recent Activity

Results are sorted by the date of most recent activity.
January 23, 2019

U.S. Chamber files coalition amicus brief urging Sixth Circuit to grant rehearing en banc and reverse panel decision striking down Tennessee’s punitive-damages cap as unconstitutional

January 18, 2019

U.S. Chamber files coalition amicus brief arguing California Supreme Court should affirm Court of Appeal’s judgment that California’s Private Attorney General Act (PAGA) does not permit plaintiffs’ lawyers to proceed with representative litigation where the individual plaintiff’s claim is fully settled

January 17, 2019

U.S. Chamber files amicus brief arguing New York Appellate Division should reverse class certification order in PFOA contamination litigation

January 16, 2019

U.S. Chamber files amicus brief in post-Dynamex wage-and-hour litigation, arguing drivers using GrubHub platform to make deliveries are not employees under California law

January 16, 2019

Georgia Court of Appeals denies immediate review of sanction order that essentially eliminates a defendant’s ability to present defense

January 15, 2019

U.S. Chamber files merits-stage amicus brief in support of neither party, encouraging Supreme Court to protect reliance interests by holding that Hobbs Act generally prohibits collateral challenges to agency rules, while also recognizing private defendants’ due process rights in TCPA litigation to challenge regulations sought to be enforced against them

January 15, 2019

Supreme Court issues a unanimous 8-0 decision that the exception to the Federal Arbitration Act for “contracts of employment” for certain workers in interstate transportation includes workers categorized as independent contractors.  The decision may make it substantially more difficult for businesses in the interstate transportation industry to enforce arbitration agreements with their independent contractor workers.  

January 14, 2019

U.S. Supreme Court denies cert. petition from Hawaii Supreme Court in regulatory-takings case concerning land-use restrictions. The Chamber filed an amicus brief urging the Supreme Court to grant review and reverse the decision

January 14, 2019

Colorado Supreme Court reverses erroneous interpretation of Colorado Oil & Gas Conservation Act, holding the Oil and Gas Conservation Commission correctly interpreted the Act to preclude a proposed rule that would foreclose the Commission from balancing the benefits of oil and gas development against potential harms to the environment and public health

January 14, 2019

U.S. Chamber and Missouri Chamber file amicus brief arguing Eighth Circuit should review district court decision permitting mass actions brought against American companies by thousands of Peruvian nationals concerning injuries allegedly caused in Peru by Peruvian subsidiary subject to Peruvian regulation to proceed in federal district court in St. Louis, and applying Missouri law instead of Peruvian law.  

January 14, 2019

U.S. Chamber and industry groups file amicus brief urging D.C. Circuit to reject challenge to EPA guidance that corrects misinterpretation of Clean Air Act that prevented facilities from switching from major source rules to area source rules after reducing emissions below major source thresholds

January 11, 2019

U.S. Supreme Court grants cert. addressing FOIA exemption that protects confidential commercial information

January 11, 2019

U.S. Supreme Court grants cert. to review Ninth Circuit decision applying California’s wage-and-hour laws to offshore drilling operations subject to OCSLA

January 9, 2019

U.S. Chamber files amicus brief arguing Supreme Court should grant cert. petition to resolve circuit split on whether incorporation of AAA rules delegates to arbitrator the decision whether arbitration agreement permits class arbitration

 

January 9, 2019

U.S. Chamber leads coalition amicus brief at the merits stage, arguing the Supreme Court should reverse the Eleventh Circuit concerning the statute of limitations for False Claims Act suits brought by qui tam relators.  The Chamber previously filed an amicus brief urging the Court to take the case.

January 7, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant cert. and reverse D.C. Circuit decision allowing administrative agencies to avoid judicial review with boilerplate language disclaiming finality

January 7, 2019

U.S. Supreme Court issues unanimous arbitration decision, reaffirming that courts must enforce arbitration contracts according to their terms and thus cannot create unwritten exceptions to the Federal Arbitration Act

January 7, 2019

Supreme Court declines to review circuit split on materiality under False Claims Act

January 7, 2019

Supreme Court declines to review Massachusetts Supreme Judicial Court decision upholding personal jurisdiction to enforce civil investigative demand against out-of-state corporation

December 28, 2018

Divided D.C. Circuit panel affirms NLRB’s articulation of NLRA’s joint-employer standard as including both an employer’s reserved right to control and its indirect control over employees’ terms and conditions of employment, but rejects NLRB’s application of its indirect-control inquiry in this case, and thus granted the petition for review in part and denied it in part, and remanded for further proceedings.

December 28, 2018

U.S. Chamber files coalition amicus brief encouraging Supreme Court to grant cert. and reverse Ninth Circuit decision holding that federal courts must accept plaintiffs’ allegations concerning state law in determining whether state-law claims are preempted by federal labor laws

December 27, 2018

U.S. Chamber files coalition amicus brief arguing Eighth Circuit should grant rehearing to reconsider opinion affirming class-certification order in labor-depreciation litigation against insurance companies

December 21, 2018

U.S. Chamber and aligned groups file amicus brief urging Ninth Circuit to affirm jury instructions that appropriately instructed products liability jurors to evaluate risks and alternatives based on science and technology available at the time a product was manufactured and used

December 20, 2018

Blog post: Frank v. Gaos and the importance of actual injury

December 20, 2018

U.S. Chamber files coalition brief asking Supreme Court to protect the due process right of class action defendants to present every available defense and reverse overbroad issue preclusion in Engle litigation saga

December 20, 2018

U.S. Chamber files coalition brief asking Supreme Court to protect the due process right of class action defendants to present every available defense and reverse overbroad issue preclusion in Engle litigation saga

 

December 19, 2018

U.S. Chamber files amicus brief urging Seventh Circuit to uphold company’s right not to deal with competitor

December 18, 2018

Ohio Supreme Court issues unanimous reversal on standing

December 17, 2018

U.S. Chamber files amicus brief in U.S. Supreme Court arguing that the government lacks authority to seek administrative review of patents’ validity under the America Invents Act

December 13, 2018

Washington Supreme Court rejects plaintiffs’ collateral attack against class-action settlement approved by Illinois courts, according full faith and credit to Illinois final judgment

December 13, 2018

U.S. Chamber files amicus brief urging Ninth Circuit to grant rehearing en banc to clarify race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

December 13, 2018

U.S. Chamber files amicus brief urging Ninth Circuit to grant rehearing en banc to clarify race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

December 13, 2018

U.S. Chamber and auto groups file amicus brief urging Ninth Circuit to affirm lower court ruling that federal Clean Air Act enforcement mechanisms preempt duplicative enforcement of Clean Air Act requirements

December 12, 2018

Seventh Circuit affirms district court judgment dismissing Anti-Terrorism Act claims against bank

December 11, 2018

U.S. Chamber files amicus brief urging U.S. Supreme Court to hold that a company’s decision to open its private property for speech by the public does not make it a state actor subject to First Amendment scrutiny