Recent Activity

Results are sorted by the date of most recent activity.
June 3, 2019

Supreme Court holds that Title VII’s administrative-exhaustion requirement is not jurisdictional.  The Chamber filed a brief at the merits stage trying to oppose this result.

May 31, 2019

U.S. Chamber urges Eleventh Circuit to rehear Fair Housing Act cases addressing liability for subprime mortgage lending.  The U.S. Chamber previously filed amicus briefs at the cert. and merits stages when this case was before the Supreme Court, successfully urging reversal of the Eleventh Circuit’s prior decision.

May 31, 2019

Texas Supreme Court declines to review lower courts’ laxed standards for demonstrating gross negligence.

May 31, 2019

U.S. Chamber files merits-stage amicus brief urging U.S. Supreme Court to hold that any presumption against preemption should not be applied to the interpretation of express preemption provisions.

May 30, 2019

California Supreme Court upholds long standing economic loss doctrine and reverses lower court for allowing negligence claims based on solely on economic losses.  The Chamber filed a merits brief supporting this outcome.

May 29, 2019

Northern District of Oklahoma denies motion for preliminary injunction, finding lack of irreparable harm, leaving rule in place while it considers the merits.  

May 28, 2019

U.S. Supreme Court holds that the Class Action Fairness Act does not permit a third-party counterclaim defendant to remove a class action to federal court.  The Chamber urged the Court to take this case at the cert. stage and also filed an amicus brief at the merits stage opposing this result.  

May 23, 2019

U.S. Chamber and industry groups file amicus brief urging the New Jersey Appellate Division to reverse trial court order that prevented product manufacturer from presenting evidence regarding the process Congress and the FDA developed to assure the safety and effectiveness of medical devices in product liability case.

May 22, 2019

U.S. Chamber files coalition amicus brief in the Fourth Circuit arguing that the Americans with Disabilities Act does not grant disabled employees a preference in job placement over better-qualified employees.

May 21, 2019

U.S. Chamber files brief urging the New Mexico Supreme Court to dismiss suit brought against pharmaceutical manufacturer by the state government as precluded by prior unsuccessful qui tam action brought under New Mexico False Claims Act regarding the same allegations.

May 20, 2019

U.S. Supreme Court holds that judges, rather than juries, must decide whether federal prescription-drug regulations preempt state failure-to-warn claims.  The Chamber urged the Court to take this case at the cert. stage and also filed an amicus brief at the merits stage supporting this result.  The Court’s holdings track the Chamber’s merits-stage amicus brief. 

May 20, 2019

U.S. Chamber joins coalition brief urging Eleventh Circuit to grant rehearing en banc to consider whether class settlement should have been approved due to lack of named plaintiff’s Article III standing in FACTA lawsuit.

May 17, 2019

Business coalition including U.S. Chamber files motion for summary judgment in litigation against OSHA’s 2016 recordkeeping and anti-retaliation rule.  The motion argues that provisions of the rule exceed OSHA’s statutory authority under the Occupational Safety & Health Act, particular Section 11(c) of that Act, and that other provisions are arbitrary, capricious, or otherwise contrary to law. 

May 16, 2019

U.S. Chamber files amicus brief urging Supreme Court to overrule Ninth Circuit’s extra-statutory expansion of the Clean Water Act’s point source permitting program

May 15, 2019

U.S. Chamber, Pennsylvania Chamber, and aligned business groups file amicus brief urging Third Circuit to affirm district court ruling that state entities are not immune from condemnation proceedings brought to secure easements/rights of way for natural gas pipelines under the Natural Gas Act

May 14, 2019

U.S. Chamber files amicus brief in California public-nuisance cases against energy companies urging Ninth Circuit to affirm dismissal of claims

May 14, 2019

U.S. Chamber and aligned organizations file amicus brief urging Pennsylvania Supreme Court to reverse appellate court decision that failed to adhere to the courts’ “gatekeeper” function to prevent the admissibility of questionable and confusing “expert” testimony under Pennsylvania’s Frye test and that failed to apply the appropriate deferential standard of reviewing a trial court’s assessment of admissibility.  

May 14, 2019

U.S. Supreme Court holds that a private plaintiff may rely upon the longer statute of limitations for the government in bringing False Claims Act lawsuits against private companies, regardless of whether the government is directly involved in the case.  The Chamber filed amicus briefs at the cert. and merits stages opposing this result.

May 14, 2019

U.S. Supreme Court issues 5-4 decision rejecting Illinois Brick antitrust-standing arguments against class action brought by customers who purchased apps through Apple’s App Store.  The U.S. Chamber filed an amicus brief at the merits stage opposing this result. 

May 13, 2019

U.S. Supreme Court denies cert. petition to review whether Oregon’s “Clean Fuels Program” unconstitutionally discriminates against out of state fuel producers.  The U.S. Chamber filed an amicus brief urging the Supreme Court to grant review.

May 9, 2019

D.C. Circuit panel dismisses petition for review of FERC order approving pipeline project for lack of Article III standing.  The Chamber filed an amicus brief in support of FERC, arguing that the petition for review should be denied.

May 8, 2019

Third Circuit declines to apply Twombly’s pleading standard to breach of fiduciary duty claims under ERISA and reinstates ERISA fiduciary breach claims against University of Pennsylvania.  The Chamber filed an amicus brief, which the dissent cited and found persuasive in its discussion of the pleading standard.  

May 6, 2019

Louisiana Supreme Court grants writ petition in case concerning parish authority to collect sales taxes from online platforms for third-party sales transactions.  The U.S. Chamber previously filed an amicus brief in support of the writ petition.

May 3, 2019

Seventh Circuit grants interlocutory appeal in case concerning notice to class members who are subject to arbitration agreements that preclude class litigation.  The Chamber filed an amicus brief in support of this outcome. The Chamber also filed an amicus brief in support of a stay and a petition for interlocutory appeal in the district court. 

April 29, 2019

U.S. Chamber files amicus brief before National Labor Relations Board, arguing the Board should abrogate the deferral standard of Babcock & Wilcox and adopt a waiver-based standard for deferral to the arbitrator’s interpretation of a collective bargaining agreement.

April 29, 2019

U.S. Chamber files coalition brief urging Eighth Circuit to reject class certification in disability discrimination cases based on so-called Teamsters method of proof.

April 26, 2019

D.C. Circuit rejects all but one of environmental NGOs’ challenges to the TSCA Inventory Reset Rule, and remands without vacatur a portion of the rule for EPA to address substantiation of claims that confidential chemical information would not be revealed through reverse engineering.  The Chamber intervened in this case, arguing against the NGO’s claims.  

April 26, 2019

U.S. Chamber files amicus brief urging Georgia Supreme Court to grant certiorari to review sanctions order that essentially eliminates a defendant’s ability to present defense.  The Chamber previously filed two briefs in this case when it was before the Georgia Court of Appeals.

April 26, 2019

Pennsylvania Supreme Court holds counties’ lawsuit alleging common law claims for under-billing of 9-1-1 services by telecommunications companies must be dismissed as a matter of law.  The U.S. Chambers filed an amicus brief supporting this outcome, arguing counties may not use contingency fee counsel to pursue causes of action to enforce the 911 Act.

April 24, 2019

Supreme Court limits the ability of the plaintiffs’ bar to construe ambiguous language in a contract to argue for class arbitration—that is, to bring a class action in arbitration, rather than in a court.  The Chamber filed amicus briefs at the cert. and merits stage supporting this result. 

April 23, 2019

Supreme Court dismisses case as improvidently granted, taking the case off its docket without a decision.  The case concerned liability under the securities laws for misleading disclosures about tender offers.  The Chamber filed amicus briefs at both the cert. and merits stages urging the Court to hold that there is no private right of action for the plaintiffs’ bar to sue over tender-offer misstatements at all; that is, only the SEC can enforce these provisions of the securities laws.

April 22, 2019

U.S. Chamber files amicus brief in support of petition for permission to appeal under Section 1292(b) concerning whether a district court may require that notice of class certification must be sent to individuals who have agreed to resolve their disputes by arbitration on an individual basis.  The U.S. Chamber previously filed an amicus brief in support of motions to permit interlocutory appeal and for a stay pending appeal in the district court, which granted both.

April 22, 2019

U.S. Chamber leads supplemental coalition amicus brief concerning compliance deadline for burdensome new reporting requirement on employers.  The Chamber previously filed a brief in this case urging the district court not to impose an unreasonable compliance deadline.

April 22, 2019

The three-judge panel in this case “sua sponte” issued a revised opinion concerning the Article III concerns the Chamber raised in its amicus brief in support of a petition for rehearing and rehearing en banc.  The petition for rehearing en banc remains pending before the Eleventh Circuit.

April 19, 2019

D.C. Circuit denies petition for review of NLRB’s certification of union for distribution facility.  The U.S. Chamber filed an amicus brief in support of the petition.