Recent Activity

Results are sorted by the date of most recent activity.
December 29, 2021

U.S. Chamber files coalition amicus brief urging Second Circuit to reverse class certification decision that improperly applied the Supreme Court’s “mismatch” framework.  Previously, the U.S. Chamber filed seven amicus briefs when this case was before the U.S. Supreme Court and the Second Circuit.

December 27, 2021

U.S. Chamber files merits-stage amicus brief in support of neither party, asking Supreme Court to reaffirm the presumption that a showing of mens rea on the elements of an offense that distinguish lawful from unlawful conduct is a necessary prerequisite for felony punishment for regulatory offenses.

December 27, 2021

Ninth Circuit denies petition for rehearing and for rehearing en banc.  The U.S. Chamber filed an amicus brief opposing this result.

December 23, 2021

U.S. Chamber urges Federal Circuit to conclude that where a government historically made improvements benefiting real property, but later takes action infringing on property that was not contemplated at the time of the original improvements, the proper “baseline” for takings analysis is the period immediately before the allegedly infringing action.

December 23, 2021

U.S. Chamber files coalition amicus brief urging Wisconsin Court of Appeals to reinforce the obligation of Wisconsin judges to serve as expert testimony “gatekeepers” by admitting only impartial, sound, and reliable expert opinions.

December 23, 2021

District Court denies Plaintiffs’ motion for preliminary injunction in suit over whether participating in the process of setting a benchmark (here, LIBOR) is per se unlawful under the Sherman Act.  The U.S. Chamber filed a coalition amicus brief supporting this result and filed a coalition amicus brief at an earlier stage of this case.

December 22, 2021

Fifth Circuit affirms dismissal of Walmart’s declaratory judgment action against the Department of Justice.  The court held that the suit is barred by sovereign immunity and fails to present a ripe case or controversy.  The U.S. Chamber filed a coalition amicus brief supporting judicial review of subregulatory guidance.

December 21, 2021

California Court of Appeal holds the derivative injury doctrine does not bar third party Covid-related claims.  The U.S. Chamber filed a coalition amicus brief opposing this result.  

December 21, 2021

U.S. Chamber files reply brief in support of rehearing petition. The Chamber is a co-plaintiff in the case, which challenges California’s anti-arbitration legislation, A.B. 51. 

December 20, 2021

U.S. Chamber urges Utah appellate court to hold that “Federal Forum Provisions” are valid and enforceable under state and federal law.

December 17, 2021

U.S. Chamber files amicus brief urging district court to grant summary judgment in ERISA case.

December 16, 2021

U.S. Chamber files amicus brief urging Third Circuit to hold that Pennsylvania’s consent-to-general-jurisdiction statute is unconstitutional and that every plaintiff in a FLSA collective action filed in federal court must establish personal jurisdiction over the defendant.

December 16, 2021

Massachusetts’ high court rejects plaintiff’s attempt to carve out exceptions to the component parts doctrine, under which the manufacturer of a nondefective component placed in an integrated product generally is not liable for damage caused by a defect in the integrated product.  The U.S. Chamber filed two amicus briefs supporting this outcome.

December 15, 2021

U.S. Supreme Court grants cert in case regarding whether the Federal Arbitration Act preempts California’s Iskanian rule, which creates an end-run around arbitration agreements for California Private Attorneys General Act claims.

December 13, 2021

U.S. Chamber and coalition file supplemental brief on the inapplicability of the Tax Injunction Act to their challenge to Maryland’s digital services tax.

December 13, 2021

Supreme Court declines review of Ninth Circuit interpretation of traveling-expense exclusions under the Fair Labor Standards Act.  The U.S. Chamber filed an amicus brief supporting certiorari. 

December 13, 2021

Supreme Court denies certiorari to consider whether presumption against preemption applies to the Food, Drug, and Cosmetic Act’s express preemption provision for regulating cosmetic products.  The U.S. Chamber filed a brief supporting certiorari.

December 13, 2021

U.S. Chamber files amicus brief urging New York appellate court to apply primary jurisdiction and dismiss workplace-safety claims.  The brief also argues that the Attorney General’s enforcement of non-binding guidance violates due process and creates substantial regulatory uncertainty.  

December 13, 2021

U.S. Chamber urges Ninth Circuit to hold that California waived its authority under section 401 of the Clean Water Act to grant or deny water quality certifications for proposed federally licensed activities by failing to act within a year.

December 8, 2021

U.S. Chamber files coalition amicus brief urging New Jersey Supreme Court to allow jury to consider all warnings provided by a manufacturer when evaluating a duty to warn claim.

December 7, 2021

District court denies motion for leave to file amicus brief in ERISA case.  The U.S. Chamber filed two amicus briefs opposing this outcome.

December 7, 2021

U.S. Chamber files amicus brief urging Ninth Circuit to grant Rule 23(f) petition and decertify risk-of-harm class action.

December 6, 2021

U.S. Chamber files amicus brief on the scope of the WARN Act’s “natural disaster” exception in the context of the global pandemic. 

December 6, 2021

U.S. Chamber files coalition intervenor brief in defense of the National Labor Relations Board final rule defining “joint employers.”  The U.S. Chamber has intervened to ensure that employers have a clear, common-sense joint employer standard. 

December 3, 2021

U.S. Chamber files amicus brief defending 2020 SEC shareholder proposal rule against challenge on APA grounds.

December 3, 2021

U.S. Chamber files coalition amicus brief urging Missouri Supreme Court to hold that neither special consideration nor mutuality of obligation is required for arbitration agreements in Missouri.  The U.S. Chamber previously filed a coalition amicus brief in this case.

December 3, 2021

U.S. Chamber files coalition amicus brief urging Missouri Supreme Court to hold that neither special consideration nor mutuality of obligation is required for arbitration agreements in Missouri.  The U.S. Chamber previously filed a coalition amicus brief in this case.

December 2, 2021

Ninth Circuit grants government’s motion to voluntarily dismiss its appeal from district court decision vacating Lottery Rule. The U.S. Chamber brought this suit to challenge two immigration regulations, which sought to price many highly skilled laborers out of the United States market, both of which the district court invalidated.  With this dismissal, the suit is now over.

November 30, 2021

Department of Homeland Security voluntarily dismisses its appeal from district court decision vacating Lottery Rule, which sought to price many highly skilled laborers out of the United States market. The U.S. Chamber brought this suit to challenge two immigration regulations, both of which the district court invalidated. With this dismissal, the suit is now over.

November 30, 2021

Fourth Circuit affirms district court and rejects interpretation of the WARN Act that would have broadened single employer liability and narrowed the unforeseen business circumstances exception.  The U.S. Chamber filed a coalition amicus brief supporting this outcome. 

November 29, 2021

U.S. Chamber urges D.C. Circuit to hold that a letter issued by the Environmental Protection Agency, which reversed statutory interpretations that EPA had definitively announced three months earlier, is judicially reviewable final agency action, and inconsistent with Section 328 of the Clean Air Act.

November 29, 2021

U.S. Chamber files coalition amicus brief addressing what financial institutions must do to comply with the Bank Secrecy Act and other anti-money laundering requirements.

November 24, 2021

U.S. Chamber files amicus brief urging D.C. Circuit to hold that district court erred in applying proportionate-share approach to determining False Claims Act damages against non-settling defendant.  Use of proportionate-share method, after other defendants had already paid damages in settlements, would allow government to seek total damages in excess of FCA’s treble damages cap and would require collateral litigation to apportion fault for conduct dating back to early 2000s.

November 24, 2021

U.S. Chamber files amicus brief urging Second Circuit to reject SEC’s expansive view of scheme liability under the securities laws. 

November 24, 2021

U.S. Chamber files coalition amicus brief in support of cert petition, arguing that “risk factors” disclosed in a securities filing must disclose only future risks – not, as in this case, past, remedied risks.