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Recent Activity
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February 5, 2021
NLRB denies Amazon.com’s request to review an order directing a mail-ballot union election. The NLRB denied leave to file the U.S. Chamber’s brief.
February 5, 2021
Seventh Circuit holds that USERRA requires employers to provide paid military leave if they provide other types of comparable paid leave. The court explained that comparability is a question of fact. The U.S. Chamber filed a coalition brief urging that the USERRA does not cover paid military leave.
February 4, 2021
Trial court grants government’s motion to dismiss declaratory judgment action that sought order holding federal agencies may not base enforcement actions solely on activities and considerations identified in non-binding guidance. The court held it lacks jurisdiction due to sovereign immunity. The U.S. Chamber had filed a coalition amicus brief in support of declaratory relief.
February 3, 2021
Supreme Court grants cert. petition to review a Third Circuit opinion that disrupts 70 years of interstate pipeline law and practice. The U.S. Chamber filed a coalition amicus brief supporting the cert. petition. Previously, the U.S. Chamber filed a coalition brief on the merits when this case was before the Third Circuit.
February 3, 2021
U.S. Chamber files amicus brief urging Ninth Circuit to reject arguments that would undermine the value of piece rate employment contracts for both employers and employees.
February 3, 2021
U.S. Chamber files amicus brief urging Eleventh Circuit to confirm that U.S. Supreme Court’s decision in Comcast Corp. v. Behrend (2013) fully applies to securities-fraud class actions.
February 2, 2021
Eleventh Circuit affirms that ascertainability is an implicit requirement of Rule 23, but rejects firm administrative feasibility requirement and remands for further consideration. Although the U.S. Chamber filed an amicus brief urging the court to affirm, the court’s analysis closely tracks the Chamber’s textual analysis about ascertainability.
February 1, 2021
U.S. Chamber files coalition amicus brief urging Fifth Circuit to decertify insurance class action because of unavoidable intraclass conflicts and variations in state law.
February 1, 2021
U.S. Chamber files coalition amicus brief urging the Supreme Court to reverse securities class certification decision that expands the “price maintenance” theory and misapplies Halliburton II. This is the seventh amicus brief filed by the U.S. Chamber in this case, following briefs at the cert. stage and in the Second Circuit.
February 1, 2021
U.S. Chamber urges NLRB to grant review in Amazon.com election dispute in order to provide employers with guidance regarding when in-person union elections can be held safely during the pandemic. The NLRB denied leave to file the U.S. Chamber’s brief.
February 1, 2021
U.S. Chamber files amicus brief urging Ninth Circuit to grant en banc rehearing and hold that the FAA preempts California’s Iskanian rule, which nullifies arbitration agreements that require individual arbitration of PAGA claims.
January 29, 2021
Massachusetts Supreme Judicial Court reverses trial court’s order allowing plaintiff’s vague and conclusory products liability claims to proceed to discovery. The U.S. Chamber filed a coalition amicus brief supporting this outcome.
January 29, 2021
D.C. Circuit vacates the interprecurser trading program. The U.S. Chamber filed a coalition amicus brief opposing this outcome.
January 27, 2021
U.S. Chamber files amicus brief urging First Circuit to hold that every plaintiff in an FLSA collective action filed in federal court must establish personal jurisdiction over the defendant.
January 26, 2021
D.C. Circuit affirms district court order requiring Environmental Impact Statement for “controversial” pipeline easement, but vacates injunction against continued use of the pipeline pending the EIS. The U.S. Chamber filed an amicus brief opposing the injunction and arguing an EIS was not required.
January 25, 2021
Supreme Court dismisses writ of certiorari as improvidently granted. The U.S. Chamber filed a merits-stage amicus brief arguing that courts should enforce agreements that delegate authority to decide questions of arbitrability -- including interpretation of carve-out clauses limiting the scope of arbitral issues -- to arbitrators.
January 22, 2021
U.S. Chamber and industry groups file brief in support of motion to dismiss challenges to the Council on Environmental Quality’s revised NEPA regulations.
January 22, 2021
U.S. Chamber files coalition amicus brief urging federal district court to uphold OCC Madden rule reaffirming the “valid-when-made” doctrine, under which non-usurious loans lawfully originated by national banks remain valid after transfer to third parties.
January 22, 2021
Fifth Circuit holds that Daubert fully applies to scientific evidence introduced at class-certification stage, vacating certification and remanding for reconsideration of whether individualized questions predominate. The U.S. Chamber filed two amicus briefs supporting this outcome.
January 21, 2021
U.S. Chamber files coalition amicus brief urging Louisiana Supreme Court to hold that settlement with State precludes further litigation seeking damages for the same injury.
January 19, 2021
D.C. Circuit vacates Affordable Clean Energy rule, rejecting bases for withdrawing the Clean Power Plan and replacing it with new standards. The U.S. Chamber, as an intervenor, opposed this outcome.
January 19, 2021
Federal district court holds that Federal Arbitration Act does not preempt California SB 707, which targets arbitration agreements for disfavored treatment by imposing one-sided sanctions on their drafters. The U.S. Chamber filed an amicus brief opposing this outcome.
January 19, 2021
U.S. Supreme Court denies review of Alabama Supreme Court decision allowing personal jurisdiction based merely on the foreseeable effects of a defendant’s out-of-state conduct resulting from the independent actions of a third party. The U.S. Chamber filed an amicus brief urging the Court to grant cert and reverse.
January 15, 2021
U.S. Chamber files coalition intervenor brief in defense of the Department of Labor’s Final Rule defining “joint employers” under the Fair Labor Standards Act. The U.S. Chamber intervened and sought summary judgment when this case was before the U.S. District Court for the Southern District of New York.
January 15, 2021
U.S. Chamber files coalition amicus brief urging Third Circuit to hold that USERRA does not require employers who provide paid sick leave or paid jury duty leave to also provide paid military leave.
January 15, 2021
Ninth Circuit upholds the Federal Motor Carrier Safety Administration’s determination that federal law preempts California’s meal and rest break rules as applied to commercial drivers operating in interstate commerce. The U.S. Chamber filed an amicus brief supporting this outcome.
January 14, 2021
California Supreme Court holds that Dynamex decision adopting ABC test for employee status applies retroactively. The U.S. Chamber filed an amicus brief opposing this outcome.
January 13, 2021
U.S. Chamber files coalition amicus brief urging D.C. Circuit to reject IRS’s view that a partnership lacks economic substance unless partners expect to make a profit without tax credits.
January 12, 2021
U.S. Chamber files amicus letter urging California Supreme Court to vacate worker reclassification injunction in light of Proposition 22, exempting app-based delivery drivers from A.B. 5. The U.S. Chamber previously filed three amicus letters at earlier stages of this case.
January 12, 2021
Fifth Circuit rejects two-step Lusardi approach allowing “conditional certification” of FLSA collective actions, holding that named plaintiffs must affirmatively prove that employees receiving opt-in notice are similarly situated. The U.S. Chamber filed an amicus brief supporting this outcome.
January 11, 2021
Supreme Court declines to review Ninth Circuit decision broadly construing tribal jurisdiction over private lands. The U.S. Chamber filed a coalition amicus brief supporting the cert. petition.
January 11, 2021
Supreme Court denies review of Seventh Circuit decision holding that every unnamed member of a nationwide class action filed in federal court need not establish specific personal jurisdiction over the defendant. The U.S. Chamber filed a coalition amicus brief urging the Court to grant cert.
January 11, 2021
Supreme Court declines to grant cert. to decide whether defendants in SEC administrative enforcement proceedings may bring suit in federal district court to challenge the constitutionality of administrative law judges. The U.S. Chamber filed an amicus brief urging the Court to grant cert.
January 11, 2021
U.S. Chamber files amicus letter urging California Supreme Court to review and reverse decision that recognized new tort of compelled-self disclosed defamation.
January 8, 2021
Cert. petitions granted in First Amendment cases reviewing whether California Attorney General can demand donor information from nonprofits. The U.S. Chamber filed an amicus brief supporting cert. petitions for these consolidated cases.