Recent Activity

Results are sorted by the date of most recent activity.
June 21, 2022

Sixth Circuit affirms the district court’s dismissal of ERISA complaint, emphasizing that ERISA does not give the federal courts a broad license to second-guess the investment decisions of retirement plans.  The U.S. Chamber had filed an amicus brief supporting that outcome.

June 21, 2022

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

June 21, 2022

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

June 20, 2022

U.S. Chamber files coalition amicus brief urging Florida Court of Appeal to hold that “pure bills of discovery” are very narrow and do not authorize plaintiffs to launch abusive fishing expeditions to identify potential claims.

June 17, 2022

U.S. Chamber files amicus brief urging Supreme Court to hold that California’s Proposition 12 constitutes extraterritorial regulation of out-of-state meat production, in violation of the Commerce Clause.  The U.S. Chamber previously filed multiple coalition amicus briefs in the lower courts.   

June 15, 2022

Massachusetts Supreme Judicial Court rejects Attorney General certification of ballot initiative regulating the relationship between network companies and app-based drivers.  The U.S. Chamber filed an amicus brief opposing this outcome. 

June 15, 2022

Supreme Court holds that individual claims under California’s Private Attorneys General Act are subject to arbitration.  The U.S. Chamber filed two amicus briefs supporting this outcome, which will help curb abusive class actions.  

June 15, 2022

Supreme Court decides statutory-interpretation dispute over HHS reimbursement rates to hospitals for drugs.  Without taking sides in the dispute, the U.S. Chamber urged the Court to reinforce limits on Chevron deference.  The Court applied the traditional tools of statutory interpretation and rejected HHS’s view without mentioning Chevron deference, even though (1) the D.C. Circuit had given Chevron deference to HHS and (2) the Department of Justice had invoked Chevron in defending HHS’s action before the Court.

June 15, 2022

Fifth Circuit holds that the Covid-19 pandemic is not a natural disaster under the WARN Act and that the natural-disaster exception incorporates proximate causation.  The U.S. Chamber filed an amicus brief opposing this outcome.

June 15, 2022

Seventh Circuit holds that the PREP Act is not a complete preemption statute and does not support federal removal jurisdiction.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.

June 14, 2022

U.S. Chamber files amicus brief urging California Supreme Court to hold that California’s Unfair Competition Law grants standing only to persons engaged in business dealings with the defendant.

June 13, 2022

Supreme Court denies cert and refuses to review whether Commerce Clause precludes surtax on financial institutions that falls almost exclusively on those based out of state. The Chamber filed a coalition amicus brief opposing this outcome.

June 13, 2022

Supreme Court unanimously holds that only a governmental or intergovernmental adjudicative body constitutes a “foreign or international tribunal” under 28 U.S.C. §1782. The Chamber filed a coalition amicus brief supporting this outcome.

June 13, 2022

U.S. Chamber files amicus brief urging D.C. Circuit to reverse vacatur of offshore oil lease and emphasizing the disruptive consequences of vacatur to the Nation’s economy and energy security.

June 10, 2022

Sixth Circuit holds that purported constitutional infirmity of removal protections did not inflict harm and thus does not compel invalidation of FDIC proceedings.  The U.S. Chamber filed an amicus brief opposing this outcome.

June 10, 2022

U.S. Chamber files amicus brief urging Pennsylvania Supreme Court to enforce constitutional limits on punitive damages, including single-digit ratio of punitive to compensatory damages.

June 9, 2022

U.S. Chamber files coalition amicus brief in Ninth Circuit, arguing that where a business acts in accordance with an objectively reasonable interpretation of an ambiguous government regulation or contract provision and the government has not issued authoritative guidance to the contrary, the business’s conduct does not fall within the ambit of the False Claims Act.

June 8, 2022

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

June 8, 2022

U.S. Chamber files amicus brief urging California Supreme Court to hold that state-law tort claims against Medicare Advantage organizations, regulated under Part C of the Medicare Act, are expressly preempted by Part C of the Act, and that the claims would be impliedly preempted even in the absence of express preemption. 

June 8, 2022

U.S. Chamber files coalition amicus brief urging the Fifth Circuit to review certification of damages class that includes many individuals with no Article III standing. Previously, the U.S. Chamber filed two amicus briefs in this case.

June 8, 2022

U.S. Chamber files coalition amicus brief urging Kentucky Supreme Court to hold that security screenings are not compensable work under state law.

June 6, 2022

Supreme Court declines to review whether every plaintiff in an FLSA collective action must establish personal jurisdiction over the defendant.  The U.S. Chamber filed amicus briefs supporting the cert. petition and when this case was before the First Circuit.

June 6, 2022

Supreme Court holds that airline baggage handlers who load cargo on and off planes are not covered by the Federal Arbitration Act because they fall within the statute’s exemption for transportation workers “engaged in interstate commerce.” Although the Litigation Center filed an amicus brief opposing this result, the Court agreed in some respects with the Chamber’s narrow reading of the exemption.

June 6, 2022

Supreme Court holds that the Bankruptcy Judgeship Act violated the uniformity requirement of the Bankruptcy Clause by increasing quarterly fees solely in U.S. Trustee districts and remands for the Fourth Circuit to consider the proper remedy.

June 2, 2022

Eighth Circuit denies permission to appeal class certification where the district court failed to rigorously analyze predominance and to conduct a full Daubert inquiry for expert evidence.  The U.S. Chamber filed an amicus brief urging the Eighth Circuit to grant permission to appeal.

June 1, 2022

California Court of Appeal affirms dismissal of complaint asserting that defendant was responsible for third parties’ criminal conduct.  The U.S. Chamber filed an amicus brief supporting this result. 

June 1, 2022

U.S. Chamber files amicus brief urging California Court of Appeals to uphold Proposition 22 and highlighting the benefits of exempting app-based delivery drivers from A.B. 5.

June 1, 2022

Georgia Supreme Court holds that trial court failed to properly consider whether a corporate executive’s high rank, the executive’s lack of unique personal knowledge of relevant facts, and the availability of information from other sources demonstrated good cause for a protective order from a deposition, but declines to hold that good cause is presumptively or conclusively established by those factors.  The U.S. Chamber filed an amicus brief supporting consideration of these factors under the apex doctrine.

June 1, 2022

U.S. Chamber files certiorari-stage amicus brief urging Supreme Court to hold that attorney-client privilege protects communications made for intertwined legal and business purposes, not merely those communications that can be identified as having been made for a “predominantly” legal purpose. 

May 31, 2022

Supreme Court denies certiorari to consider whether the Federal Arbitration Act displaces a common-law rule forbidding companies from adding an arbitration requirement to standard form contracts with customers that do not already include dispute-resolution clauses.  The U.S. Chamber filed a coalition amicus brief urging the Court to grant certiorari. 

May 31, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to review and reverse certification of a securities class action where plaintiff failed to provide a viable model for calculating damages on a class-wide basis.

May 27, 2022

U.S. Chamber submits coalition amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in ERISA amended complaint against hospital.  This is the second amicus brief the Chamber has filed in this case.

May 27, 2022

U.S. Chamber files amicus brief supporting rehearing en banc in California public-nuisance cases against energy companies. The U.S. Chamber previously filed multiple amicus briefs in this case. 

May 26, 2022

California Supreme Court holds that attorneys’ fees sought under a state prevailing party statute are not subject to the FTC Holder Rule’s cap on a consumer’s total “recovery” on a consumer credit contract against a third-party holder of the contract.  U.S. Chamber filed an amicus brief opposing this outcome.

May 25, 2022

U.S. Chamber files coalition amicus brief urging Fourth Circuit to review decision certifying a class whose members cannot be readily identified and an “issues” class to pursue elements of negligence when the negligence claim itself could not satisfy Rule 23(b)(3).