Recent Activity

Results are sorted by the date of most recent activity.
June 22, 2020

Supreme Court denies certiorari, declining to review whether the IRS violated the Administrative Procedure Act in interpreting tax regulation regarding cost-sharing arrangements. The U.S. Chamber filed an amicus brief supporting the cert. petition.  When this case was before the Ninth Circuit, the U.S. Chamber filed amicus briefs at the initial panel stage, the second panel stage after the court sua sponte vacated the first panel’s opinion, and again in support of rehearing after the second panel’s opinion.

June 22, 2020

U.S. Supreme Court upholds but limits SEC’s authority to seek disgorgement in civil proceedings.  The U.S. Chamber filed an amicus brief opposing the SEC.

June 22, 2020

U.S. Chamber files coalition brief urging Seventh Circuit to hold that USERRA does not require employers who provide paid sick leave or paid jury duty leave to also provide paid military leave.

June 22, 2020

U.S. Chamber files coalition amicus brief urging Ohio Supreme Court to recognize that the Clean Air Act preempts state-law claims against auto manufacturers arising from model-wide changes to vehicle emissions systems.  Previously, the U.S. Chamber filed a coalition brief encouraging the court to accept jurisdiction over the appeal, which it did.

June 19, 2020

District of Colorado grants preliminary injunction against Navigable Waters Protection Rule, staying the effective date of the Rule in Colorado under 5 U.S.C. 705. The U.S. Chamber moved to intervene to defend the Rule along with a broad coalition of trade associations.

June 19, 2020

Norther District of California denies motion for preliminary injunction by California and 16 other states and cities against the Navigable Waters Protection Rule. The U.S. Chamber moved to intervene in defense of the Rule along with a broad coalition of trade associations.

June 18, 2020

Supreme Court holds that the Trump Administration violated requirements of the Administrative Procedure Act when it rescinded the Deferred Action for Childhood Arrivals (DACA) program.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

June 16, 2020

D.C. Circuit reverses lower court decision that had vacated the government’s revocation of a long-standing oil lease for arbitrarily failing to consider reliance interests.  The U.S. Chamber filed an amicus brief supporting the lower court’s ruling.

June 16, 2020

D.C. Circuit affirms district court’s vacatur of HHS rule that broadly required drug manufacturers to disclose the wholesale acquisition cost of drugs and biologics in television advertisements.  The court held that HHS lacked statutory authority to promulgate the rule.  The U.S. Chamber filed an amicus brief supporting this outcome.

June 16, 2020

U.S. Chamber and Louisiana Association of Business & Industry file amicus brief urging Louisiana Supreme Court to accept application to review a lower court ruling that allowed nuisance claims preempted by state regulatory regimes to proceed. 

June 15, 2020

Supreme Court denies certiorari, letting stand a discovery order that requires production of tens of millions of irrelevant, sensitive files matching extremely broad search terms, without any opportunity for document review.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.  We also filed two briefs in the Third Circuit, at the panel and rehearing en banc stages.

June 15, 2020

Supreme Court holds Forest Service retains authority to grant pipeline easements deep beneath National Trail easements on Forest Service lands.  The U.S. Chamber and aligned business groups submitted an amicus brief supporting this result.  Previously, the U.S. Chamber filed amicus briefs supporting cert. and urging the Fourth Circuit to grant rehearing en banc.

June 15, 2020

Second Circuit denies en banc review of panel decision that improperly expands the “price maintenance” theory and misapplies Halliburton II.  The U.S. Chamber filed an amicus brief supporting rehearing, and also filed a brief at the panel stage.

June 15, 2020

U.S. Chamber files amicus brief urging Ninth Circuit to hold that California’s anti-arbitration McGill rule does not apply when a plaintiff is not actually seeking a public injunction.

June 12, 2020

U.S. Chamber files coalition brief urging Maine Supreme Judicial Court to recognize Coastal Conveyance Act preempts local ordinances that conflict with its state-wide regulation of safe loading and unloading of oil on Maine’s shores.  Previously, the Chamber filed amicus briefs when this case was before the First Circuit and the District Court.

June 11, 2020

D.C. Circuit denies AFL-CIO’s petition to force OSHA to issue an emergency standard governing COVID-19 workplace risks.  The U.S. Chamber filed an amicus brief supporting this outcome.

June 11, 2020

U.S. Chamber and business associations move to intervene in defense of the Department of Labor’s Final Rule defining “joint employers” under the Fair Labor Standards Act.  

June 10, 2020

U.S. Chamber files amicus brief urging Eleventh Circuit to reject District Court's overly broad construction of the Federal Arbitration Act’s exception for “workers engaged ... in interstate commerce” and misreading of arbitration agreement’s choice-of-law clause.

June 10, 2020

California Court of Appeal issues unpublished decision upholding the Office of Environmental Health Hazard Assessment’s listing of diisononyl phthalate under California’s Proposition 65.  The U.S. Chamber filed an amicus brief opposing this outcome.

June 9, 2020

D.C. Circuit dismisses as moot the government’s appeal from district court order requiring EEOC to undertake burdensome collection of pay data from employers.  The court also remanded for consideration of whether to vacate the district court order on account of the mootness.  The U.S. Chamber had led a coalition amicus brief seeking reversal of the order.  The Chamber also filed two briefs opposing the collection when this case was before the District Court.

June 9, 2020

U.S. Chamber submits amicus brief urging Louisiana Supreme Court to review lower court opinion that overturned a jury verdict based, in part, on wrongfully treating terms in a statute as revising the meaning of a contract entered into long before the statute was written.

June 8, 2020

U.S. Chamber and business associations move to intervene in defense of the “Navigable Waters Protection Rule” defining “Waters of the United States” under the Clean Water Act, and file brief opposing Colorado’s efforts to preliminarily enjoin the rule.

June 8, 2020

U.S. Chamber and business associations move to intervene in defense of EPA’s rule updating the hazardous air pollutant emissions standards for stationary combustion turbines under the residual risk and technology review process.  

June 5, 2020

Texas Supreme Court grants petition to review whether juries should be instructed on all relevant factors in failure-to-warn cases and whether the lower court’s expansive view of duty to warn of known risks should be reversed.  The U.S. Chamber filed an amicus brief supporting review.  

June 5, 2020

Sixth Circuit vacates trial court decision and holds that where a statute requires an agency to approve or deny an action based on a specific set of criteria, making the decision non-discretionary, the agency action is not subject to NEPA review and ESA consultation.  The U.S. Chamber filed a coalition amicus brief supporting this result.  

June 3, 2020

Texas Fourth Court of Appeals reverses fraud and trade secrets verdict, remands for new trial.  The U.S. Chamber had submitted an amicus brief urging the court to rigorously review excessive punitive damages award.  Given the court’s ruling, it did not address the propriety of the punitive damages.

June 2, 2020

Third Circuit certifies question to Pennsylvania Supreme Court, asking the state’s high court to determine whether an e-commerce business is strictly liable under Pennsylvania law for a defective product purchased from a third-party vendor through the e-commerce business’ online marketplace.  The U.S. and Pennsylvania Chambers filed an amicus briefing urging the Third Circuit to recognize that Pennsylvania law does not impose strict liability on the e-commerce business in this circumstance. 

June 2, 2020

U.S. Chamber files amicus brief defending the constitutionality of West Virginia law regulating lawyer advertisements concerning medical drugs and devices.  

June 1, 2020

Supreme Court holds that a participant in a defined-benefit ERISA plan who has received all vested benefits—and who has not shown a “substantially increased risk that the plan and employer would both fail”—lacks standing to sue for breach of fiduciary duty under ERISA.  The U.S. Chamber filed an amicus brief supporting this outcome. 

June 1, 2020

Supreme Court reverses Eleventh Circuit, holding that the New York Convention governing international arbitration does not conflict with domestic contract-law doctrines permitting nonsignatories to enforce arbitration agreements.  The U.S. Chamber filed an amicus brief supporting this outcome.

June 1, 2020

Supreme Court holds that the Appointments Clause does not govern the appointment of members of the Financial Oversight and Management Board for Puerto Rico. The U.S. Chamber’s amicus brief took no position on this question, arguing only that the de facto officer doctrine does not bar full judicial relief if there had been a constitutional violation. Because the Court found no violation, it did not address the remedial issue.

June 1, 2020

U.S. Chamber and business associations file opposition to plaintiffs’ motion for a preliminary injunction or stay.  The U.S. Chamber intervened in defense of the “Navigable Waters Protection Rule,” which defines “Waters of the United States” under the Clean Water Act.

June 1, 2020

Supreme Court denies cert. petition concerning whether a bankruptcy trustee may use the Bankruptcy Code to claw back purely foreign transactions between foreign entities or whether such claims are barred by the presumption against extraterritoriality.  The U.S. Chamber filed an amicus brief supporting the cert. petition.

June 1, 2020

Supreme Court denies cert. petitions concerning whether the Federal Arbitration Act preempts California’s McGill rule, which purports to empower all arbitrators to award public injunctions despite contrary private arbitration agreements.  The U.S. Chamber filed an amicus brief supporting the cert. petitions.

June 1, 2020

U.S. Chamber files coalition amicus brief in Second Circuit regarding the pleading standard for ERISA stock-drop claims.  Previously, the U.S. Chamber filed coalition amicus briefs when this case was before the U.S. Supreme Court.