Recent Activity

Results are sorted by the date of most recent activity.
August 5, 2019

U.S. Chamber files coalition amicus brief in support of petition for rehearing en banc concerning panel’s decision concerning eo nomine tariff codes, urging the en banc court to review the panel’s decision upending settled principles of duty classification and creating uncertainty about tariff duties.

August 5, 2019

U.S. Chamber files amicus brief urging Fourth Circuit to reverse District Court decision permitting Alien Tort Statute (ATS) claims against domestic corporation to proceed, arguing that the Supreme Court’s recent decision in Jesner forecloses ATS liability against domestic and foreign corporations alike.

August 2, 2019

U.S. Chamber files amicus brief in public-nuisance case against energy companies urging Fourth Circuit to reverse district court’s remand order and accept federal jurisdiction.

August 1, 2019

U.S. Chamber files amicus brief in support of petition for rehearing en banc urging Ninth Circuit to uphold tax court’s rejection of “tax exceptionalism.”    The Chamber previously filed two amicus briefs urging the Ninth Circuit to affirm.  

August 1, 2019

U.S. Chamber and coalition of petitioners file reply in support of motion to dismiss litigation against Clean Power Plan as moot in light of EPA’s final rescission of the Clean Power Plan.  

July 31, 2019

Divided Minnesota Supreme Court holds state courts have specific personal jurisdiction over out-of-state company in tort case concerning vehicle designed in Michigan, assembled in Canada, and sold in North Dakota.  The U.S. Chamber filed an amicus brief in opposition to this outcome. 

July 29, 2019

U.S. Chamber files amicus brief urging Supreme Court to decide constitutional challenge to the statutory limitations on the removal of the Director of the CFPB.

July 28, 2019

U.S. Chamber and coalition of business file amicus brief urging Supreme Court to review Fourth Circuit’s incorrect opinion that the Forest Service lacks authority to grant rights-of-way hundreds of feet underneath national trials.  Previously, the Chamber filed a brief urging the Fourth Circuit to grant rehearing en banc.

July 26, 2019

Ninth Circuit panel reverses order denying class certification of class of purchasers of automobiles with allegedly faulty components.  The U.S. Chamber filed an amicus brief urging the court to affirm the denial of class certification.  

July 26, 2019

U.S. Chamber files coalition amicus brief urging the Supreme Court to grant cert. petition concerning removability of class actions under CAFA, and either summarily reverse or grant, vacate, and remand the Ninth Circuit’s judgment, rendered without an opinion, that sua sponte state court consolidation of 100 or more cases are not removable to federal court under CAFA.  Previously, the Chamber filed a brief supporting the rehearing petition, which the Ninth Circuit denied.

July 22, 2019

Ninth Circuit panel grants petition for rehearing and withdraws published opinion concluding that Dynamex applies retroactively.  The panel will issue an order certifying the question of whether Dynamex applies retroactively to the California Supreme Court.  The U.S. Chamber filed an amicus brief in support of rehearing, arguing that the panel’s opinion was inconsistent with California Supreme Court precedent.  

July 22, 2019

U.S. Chamber and Florida Justice Reform Initiative file amicus brief urging Florida Supreme Court to reject disparate treatment against defendants and in favor of plaintiffs under Worley regarding discovery into financial connections between plaintiffs and physicians.

July 19, 2019

Third Circuit declines to rehear panel decision that limits Twombly to antitrust claims and creates a lax pleading standard for ERISA cases.

July 19, 2019

U.S. Chamber files coalition amicus brief arguing, at merits stage, that the Supreme Court should hold that limitations period in the Fair Debt Collection Practices Act begins running when the alleged wrong occurs, not when it is discovered.

July 15, 2019

Clean Power Plan petitioners, including the U.S. Chamber, jointly move to dismiss their challenges to Clean Power Plan as moot.

July 15, 2019

Clean Power Plan petitioners, including the U.S. Chamber, jointly move to dismiss their challenges to Clean Power Plan as moot.

July 15, 2019

U.S. Chamber leads coalition amicus brief urging Supreme Court to grant cert. to consider whether or how the Americans with Disabilities Act applies to websites and apps.  Previously, the Chamber filed a coalition brief when this case was before the Ninth Circuit.

July 15, 2019

U.S. Chamber files answer to complaint as intervenor in support of DHS in litigation challenging 2016 STEM OPT program rule.

July 12, 2019

U.S. Chamber and coalition of plaintiffs files combined brief in opposition to OSHA’s cross-motion to dismiss and in support of plaintiffs’ motion for summary judgement in litigation challenging provisions of OSHA’s recordkeeping and anti-retaliation rule.

July 10, 2019

U.S. Chamber files coalition amicus brief urging Tennessee Supreme Court to reject state constitutional challenge to Tennessee’s statutory cap on noneconomic and punitive damages.

July 9, 2019

U.S. Chamber files amicus brief urging Eleventh Circuit to reaffirm that district courts must conduct rigorous ascertainability analysis before certifying class actions.

July 8, 2019

U.S. Chamber files brief urging Second Circuit to reject implied bankruptcy exception to the Federal Arbitration Act.

July 8, 2019

U.S. Chamber files amicus brief urging Second Circuit to reject implied bankruptcy exception to the Federal Arbitration Act.

July 8, 2019

Ninth Circuit holds that exemption from Telephone Consumer Protection Act (TCPA) for calls to collect debts owed to the federal government makes TCPA liability an unjustified content-based restriction upon speech and thus violates the Free Speech Clause of the First Amendment; and remedies that violation by striking the exemption, rather than the imposition of liability.  The U.S. Chamber previously filed an amicus brief taking no position on the constitutionality of the exemption or the TCPA, but arguing that if the Court concludes that there is a violation of the First Amendment, then it...

July 5, 2019

Ninth Circuit denies petition for rehearing and rehearing en banc in case concerning applicability of Alien Tort Statute to domestic corporations, but with eight judges dissenting from the denial of rehearing en banc.  The U.S. Chamber filed an amicus brief urging the court to grant rehearing.

July 3, 2019

Ninth Circuit reverses order certifying class in pipeline spill litigation, concluding district court abused its discretion.  The U.S. Chamber filed an amicus brief in support of this outcome.

July 3, 2019

U.S. Chamber files merits brief urging Seventh Circuit to vacate class action certification which allowed notice to individuals who had agreed to resolve their disputes by arbitration on an individual basis.  The U.S. Chamber previously filed an amicus brief supporting the petition to appeal in the Seventh Circuit and another brief supporting motions to permit interlocutory appeal and for a stay pending appeal in the district court, which granted both.

July 1, 2019

District Court grants motion of U.S. Chamber and two other business groups to intervene in litigation brought to challenge DHS’s 2016 STEM OPT program rule.  The case will now proceed to litigation about the statutory authority for the STEM OPT program.

June 28, 2019

Ninth Circuit panel holds arbitration agreement is void under California’s McGill rule because individuals may not waive their rights under California law to pursue public injunctive relief in a judicial forum.  The U.S. Chamber, joined by the NAM, filed an amicus brief in support of the opposite outcome.

June 27, 2019

D.C. Circuit grants unopposed motion by environmental groups voluntarily dismissing their petitions for review challenging EPA’s guidance concerning project aggregation under the New Source Review program.  The U.S. Chamber was an intervenor in support of the EPA’s revisions to the New Source Review program. 

June 26, 2019

Supreme Court significantly limits but declines to eliminate judicial deference to agency interpretation of its own regulations.  The Chamber urged the Court to take this case at the cert. stage and filed a brief at the merits stage urging the Court to overrule Auer.  Although the Court did not go so far as we asked, the Kisor decision is an improvement in the law on deference.

June 25, 2019

Eighth Circuit grants Rule 23(f) review

June 24, 2019

Supreme Court agrees to review Federal Circuit’s lenient standard for allowing the United States to walk away from financial obligations to private companies induced to participate in public programs with financial assurances.  The U.S. Chamber filed an amicus brief supporting cert.

June 24, 2019

U.S. Chamber files amicus brief in support of Rule 23(f) petition, urging Fifth Circuit to grant review and reverse class-certification order in environmental mass-tort litigation.

June 24, 2019

Supreme Court declines cert. petition challenging California statute favoring pro-union speech for violating both the National Labor Relations Act and the First Amendment.  The U.S. Chamber filed an amicus brief supporting cert.