Recent Activity

Results are sorted by the date of most recent activity.
November 14, 2022

U.S. Supreme Court denies certiorari to resolve split over whether a class may be certified where more than a de minimis number of unnamed class members may be uninjured.  The U.S. Chamber filed a brief in support of certiorari, as well as two amicus briefs when this case was before the Ninth Circuit.

November 14, 2022

U.S. Chamber files amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaint.

November 14, 2022

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

November 9, 2022

U.S. Chamber urges Ninth Circuit to hold that a letter issued by EPA—which reversed statutory interpretations and a regulatory safe harbor that EPA had announced three months earlier—is judicially reviewable final agency action and is inconsistent with Section 328 of the Clean Air Act. 

November 8, 2022

U.S. Chamber files merits-stage amicus brief urging Supreme Court to hold that destruction of property is not a lawful labor-negotiation tactic insulated from state-court liability. 

November 7, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to reverse class certification because individual issues of materiality and detrimental reliance overwhelm questions common to the class.

November 7, 2022

U.S. Chamber submits amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaint.

November 7, 2022

U.S. Chamber files amicus brief urging Eighth Circuit to affirm that the Americans With Disabilities Act requires only those reasonable accommodations that enable an employee to perform essential job functions.

November 4, 2022

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

November 4, 2022

U.S. Chamber submits coalition amicus brief urging Tenth Circuit to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaints. 

November 4, 2022

U.S. Chamber submits amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaint. 

November 3, 2022

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari and hold that the statutory labor exemption from federal antitrust laws does not extend to price-fixing agreements among independent contractors.

November 1, 2022

U.S. Chamber files coalition lawsuit challenging Connecticut labor law that bans business owners from discussing “political matters” with their employees, in conflict with the National Labor Relations Act and the First Amendment. 

October 31, 2022

U.S. Chamber files coalition amicus brief arguing the Fifth Circuit should hold that the Tax Mandate violates the Constitution’s Spending Clause, and that the Treasury Department should be permanently enjoined from enforcing it.  The Chamber filed a coalition amicus brief in the district court. 

October 28, 2022

Fourth Circuit remands for the district court to apply TransUnion in the first instance to determine whether class members have suffered the concrete harm necessary for Article III standing.  The U.S. Chamber filed an amicus brief supporting this outcome.

October 28, 2022

Eleventh Circuit vacates and withdraws its opinion, substituting a new opinion concluding that state failure-to-warn claims are not preempted by the registration requirements of the Federal Insecticide, Fungicide, and Rodenticide Act.  The U.S. Chamber filed a coalition amicus brief urging rehearing en banc because the claims are preempted.

October 28, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to hold that the federal contractor vaccine mandate exceeds the Executive Branch’s authority under the Procurement Act. 

October 27, 2022

U.S. Chamber files amicus brief urging Texas Supreme Court to hold that the Railway Labor Act preempts state-law claims that require interpretation of a collective bargaining agreement.

October 26, 2022

Wisconsin Court of Appeals declines to reverse lower court decision that failed to conduct an adequate reliability analysis for expert witness testimony.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.

October 26, 2022

Florida Court of Appeal affirms denial of “pure bill of discovery” seeking to launch abusive fishing expedition to identify potential claims under the Medicare Secondary Payer Act.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

October 26, 2022

U.S. Chamber files coalition amicus brief urging California Supreme Court to hold that trial courts have discretion to ensure the manageability of claims under California’s Private Attorneys General Act.

October 26, 2022

U.S. Chamber files coalition amicus brief urging Superior Court of Pennsylvania to grant reargument or reargument en banc to reconsider rule that would treat online arbitration agreements less favorably than other online contracts. 

October 25, 2022

Fifth Circuit denies rehearing en banc to resolve conflict in circuit case law concerning scope of nonfederal entities’ powers to levy fees to improve maritime ports and waterways, consistent with the Tonnage Clause, the Import-Export Clause, and the Commerce Clause of the Constitution.  The U.S. Chamber filed a coalition amicus brief urging the grant of rehearing en banc.

October 24, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to avoid serious constitutional problems by reading the False Claims Act to allow the government to dismiss a qui tam action after initially declining to intervene in the case.

October 24, 2022

U.S. Chamber files amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaint.

October 20, 2022

U.S. Chamber files coalition amicus brief urging Oregon Supreme Court to hold that advertising a higher reference price does not by itself cause consumers any ascertainable loss cognizable under Oregon’s Unfair Trade Practices Act.

October 20, 2022

U.S. Chamber files coalition amicus brief urging Fifth Circuit to grant rehearing en banc to repudiate panel majority’s relaxed rules for assessing citizen-suit plaintiffs’ Article III standing to assert Clean Air Act claims.  The brief argues that the majority’s approach contradicts Supreme Court precedent and threatens to transform citizen suits from civil actions designed to resolve concrete controversies into regulatory vehicles for dictating environmental policy.  Previously, the U.S. Chamber filed three amicus briefs in this case.

October 19, 2022

U.S. Chamber files amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaint.

October 18, 2022

U.S. Chamber files amicus brief urging D.C. Circuit to set aside Securities and Exchange Commission’s arbitrary and capricious rejection of a securities exchange’s proposal to list and trade shares of a trust holding digital currency assets.

October 18, 2022

Second Circuit rejects application of primary jurisdiction doctrine to COVID-19 policies and practices, vacates dismissal of plaintiffs’ state labor law claims, but affirms dismissal of public-nuisance claims.  The U.S. Chamber filed a coalition amicus brief supporting dismissal of all claims. 

October 17, 2022

Fifth Circuit affirms order remanding suit to state court, rejecting argument that district court had federal removal jurisdiction over litigation against energy companies for conduct connected to their actions under federal direction to maximize production of crude oil during World War II.  The U.S. Chamber filed an amicus brief opposing this outcome and supporting reversal of remand order.

October 17, 2022

Supreme Court denies certiorari to review Seventh Circuit decision illustrating entrenched circuit splits on two significant False Claims Act (FCA) issues:  (1) whether Fed. R. Civ. P. 9(b) requires a relator to plead particulars of an alleged false claim or only bare facts giving rise to a plausible inference that false claims might have been submitted; and (2) whether a request for payment that makes no specific representations about the goods or services provided can be false or fraudulent under the FCA on a theory of implied false certification. The U.S. Chamber filed an amicus brief...

October 17, 2022

Supreme Court grants, vacates, and remands petition regarding application of the FAA transportation worker exemption to local delivery drivers for Ninth Circuit to reconsider its decision in light of Southwest Airlines Co. v. Saxon.  The U.S. Chamber filed an amicus brief supporting this outcome.

October 14, 2022

U.S. Chamber files coalition amicus brief urging Fifth Circuit to grant en banc rehearing and uphold constitutional limits on the scope of nonfederal entities’ powers, under the Water Resources Development Act, to impose fees on commerce and maritime trade.  The brief relies in part on the Tonnage Clause, the Import-Export Clause, and the Commerce Clause of the U.S. Constitution. 

October 14, 2022

U.S. Chamber files coalition amicus brief urging D.C. Circuit to reject corporate liability for alleged forced labor occurring outside the United States and far up the supply chain.