Recent Activity

Results are sorted by the date of most recent activity.
December 26, 2019

U.S. Chamber files merits-stage amicus brief in the Supreme Court arguing that the SEC lacks statutory authority to seek disgorgement in judicial proceedings.

December 26, 2019

U.S. Chamber leads coalition amicus brief urging Supreme Court to grant cert. to reverse Eleventh Circuit decision permitting municipal lawsuits against banks to proceed under the Fair Housing Act.  The Eleventh Circuit held that the City of Miami adequately pleaded proximate causation because there was a “logical bond” between the cities alleged injuries of the cost of urban blight (due to foreclosures) and the banks’ mortgage lending practices.  The U.S. Chamber previously filed three briefs in this case when it was before the Eleventh Circuit and the U.S. Supreme Court.

December 24, 2019

Third Circuit reverses class-certification order in wage-and-hour litigation.  The U.S. Chamber filed an amicus brief at the panel stage in support of this outcome.  The U.S. Chamber previously filed an amicus brief at the Rule 23(f) stage, urging the court to grant review.

December 23, 2019

U.S. Chamber files amicus brief urging Fifth Circuit to affirm district court’s dismissal of False Claims Act suit where relator relied on statistical analysis and generalized allegations to plead fraud.

December 23, 2019

Appellants file joint motion for voluntary dismissal in litigation over the Obama administration’s 2015 Waters of the United States (WOTUS) rule.  After the Trump administration’s rule rescinding the 2015 rule took effect on December 23, thus eliminating the 2015 WOTUS rule, the U.S. Chamber and its co-plaintiffs moved to dismiss their appeal regarding an injunction against the 2015 rule.  The Tenth Circuit subsequently dismissed the appeal as moot. 

December 23, 2019

U.S. Chamber files opposition to City of Seattle’s motion to compel the production of documents from the U.S. Chamber’s member companies in litigation challenging the City’s ordinance permitting the unionization of independent contractors.  The U.S. Chamber’s opposition, which is embedded as part of the letter-briefing format used in the Western District of Washington for discovery issues, argues that it does not have “possession, custody, or control” of its members’ documents and, therefore, has no obligation (or ability) produce them under Federal Rule of Civil Procedure 26.  

December 23, 2019

U.S. Chamber files amicus brief in support of petition for rehearing on discovery issue.  A divided panel previously rejected a petition for writ of mandamus.  The U.S. Chamber’s brief argued that the district court obviously erred in ordering the production of millions of documents without any relevance or privilege review, and that mandamus was warranted to correct this significant error.  The U.S. Chamber previously filed an amicus brief at the panel stage, too.

December 23, 2019

District Court denies motion for reconsideration on attorney-client privilege issue.  The U.S. Chamber filed a brief in support of reconsideration, arguing the District Court should hold that a government contractor does not waive attorney-client privilege with respect to an internal investigation by complying with its regulatory obligation to disclose a potential violation and cooperate with government investigators.

December 23, 2019

NLRB reverses Babcock & Wilcox Construction, Inc. standard on deferral to arbitrator’s interpretation of a collective bargaining agreement, and reestablishing a deferential standard for review of an arbitrator’s ruling.  The U.S. Chamber filed an amicus brief in support of this outcome. 

December 23, 2019

Second Circuit vacates and remands decision regarding equitable remedies under ERISA and scope of fiduciary duties.  The U.S. Chamber led a coalition brief urging the contrary result.

December 23, 2019

Appellants file joint motion for voluntary dismissal in litigation over the Obama administration’s 2015 Waters of the United States (WOTUS) rule.  After the Trump administration’s rule rescinding the 2015 rule took effect on December 23, thus eliminating the 2015 WOTUS rule, the U.S. Chamber and its co-plaintiffs moved to dismiss their appeal regarding an injunction against the 2015 rule.  The Tenth Circuit subsequently dismissed the appeal as moot. 

December 20, 2019

U.S. Chamber and PhRMA file amicus brief arguing that the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory labeling scheme that preempts conflicting state law labeling regimes.  We further urge the court to clarify that the Ninth Circuit does not have a different, laxer, standard for admitting expert opinion testimony under the Federal Rules of Civil Procedure that would allow juries to hear testimony that would be blocked in other parts of the country. 

December 20, 2019

U.S. Chamber files amicus brief in support of defendant in appeal seeking to vacate or reduce $470 million punitive damages award in a tort case arising from a contractual relationship with a total value of $5 million. 

December 20, 2019

District Court grants motion to dismiss challenges brought to President Trump’s “2 for 1” Executive Order to reduce overregulation.  The District Court dismissed the complaints for lack of Article III injury.  The U.S. Chamber previously filed an amicus briefing, leading a coalition of business groups defending the Executive Order on the merits.

December 20, 2019

U.S. Chamber files coalition amicus brief concerning transportation-worker exception in Section 1 of the Federal Arbitration Act, arguing that District Court erred in construing scope of “workers engaged … in interstate commerce” phrase to limit the availability of arbitration to resolve work-related disputes.

December 20, 2019

U.S. Chamber files amicus brief in support of petition for writ of mandamus, seeking review of District Court order applying nonmutual offensive collateral estoppel in MDL proceedings.  The District Court barred an MDL defendant in mass tort litigation from presenting individualized defenses based upon the outcomes in bellwether trials—notwithstanding clear Supreme Court and other precedent to the contrary. 

December 18, 2019

U.S. Chamber files amicus brief in the Supreme Court arguing that the current structure of the CFPB unconstitutionally insulates the Bureau from political accountability to the President and Congress, and urging the Court to grant relief to businesses challenging regulatory and enforcement action by the Bureau.  The U.S. Chamber previously filed an amicus brief at the cert. stage supporting review.

December 16, 2019

U.S. Chamber and co-plaintiffs file motion for temporary restraining order against California A.B. 51, anti-arbitration legislation that otherwise takes effect on January 1, 2020.  The U.S. Chamber previously filed a motion for a preliminary injunction, which is also pending but will not be heard until January.  The...

December 16, 2019

Ninth Circuit blocks duplicative pay calculation in overtime class action.  The U.S. Chamber filed a brief supporting this outcome.

December 13, 2019

U.S. Chamber urges 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.

December 13, 2019

U.S. Chamber files coalition amicus brief urging the Florida Supreme Court to adopt the federal Celotex summary-judgment standard

December 12, 2019

National Labor Relations Board reverses ALJ order rejecting settlement of McDonald’s joint-employer litigation and remands for further proceedings.  The Board also denied the motion to require members of the Board to recuse.  The U.S. Chamber joined a coalition amicus brief in opposition to the motion to recuse and in support of the outcome reached by the Board.

December 12, 2019

U.S. and Ohio Chambers of Commerce file amicus brief urging Ohio Supreme Court to affirm lower court’s interpretation of Ohio Products Liability Law to not impose strict products liability on companies that facilitate sales between third parties.

December 11, 2019

Supreme Court holds that the statute of limitations for Fair Debt Collection Practices Act (“FDCPA”) claims begins to run on the date the alleged FDCPA violation occurs, not the date on which the violation is discovered.  Significantly, the Court also rejected a general background discovery rule for federal statutes, explaining that if there are two plausible constructions of a statutory limitations period, the accrual rule governs.  The U.S. Chamber filed an amicus brief in support of both rulings. 

December 10, 2019

U.S. Chamber files amicus brief arguing that the Texas Supreme Court should reject an overly expansive approach to stream-of-commerce jurisdiction and require a substantial causal connection between the defendant’s forum contacts and the plaintiff’s asserted claim for specific personal jurisdiction.

December 10, 2019

U.S. Chamber files amicus brief asking Ninth Circuit to grant Rule 23(f) petition to review district court order certifying a securities class action.

December 9, 2019

Supreme Court denies cert. petition regarding the proper legal standard for compelled commercial speech.  The Chamber filed an amicus brief supporting cert.

December 9, 2019

U.S. Chamber and aligned business groups urge U.S. Supreme Court to reverse lower court’s misinterpretation of the National Trails Act to eliminate the Forest Service’s authority to grant easements for infrastructure underneath national trails.  Previously, the U.S. Chamber filed amicus briefs supporting cert. and urging the Fourth Circuit to grant rehearing en banc.

December 9, 2019

U.S. Chamber, joined by CalChamber and other business groups, files complaint and motion for preliminary injunction challenging California AB 51.  California AB 51 purports to bar employers from requiring employees and applicants for employment from arbitrating disputes.  The chambers’ complaint claims that AB 51 is preempted by the Federal Arbitration Act, and seeks a preliminary injunction, a permanent injunction, and a declaratory judgment against AB 51. 

December 6, 2019

U.S. Chamber files amicus brief urging Ninth Circuit to uphold the Federal Motor Carrier Safety Administration’s determination that federal law preempts California’s meal and rest break rules as applied to commercial drivers operating in interstate commerce.

December 6, 2019

Third Circuit denies petition for writ of mandamus on discovery issues.

December 4, 2019

U.S. Chamber and other business groups file en banc amicus brief urging Eleventh Circuit to reject no-injury FACTA class action that had permitted class action settlement where the named class members had suffered no injury.  Previously, the Chamber filed two amicus briefs supporting rehearing and rehearing en banc.

December 3, 2019

First Circuit denies Rule 23(f) certification.  The U.S. Chamber filed an amicus brief urging the  First Circuit to clarify that district courts must provide a reasoned explanation for class-certification decisions in order to permit meaningful appellate review.  After the U.S. Chamber filed its brief, the district court issued a lengthy opinion.

December 3, 2019

D.C. Circuit reverses district court and further clarifies what constitutes final agency action that’s reviewable in the courts.  The U.S. Chamber filed an amicus brief supporting this result.

December 2, 2019

U.S. Chamber files amicus brief urging the Seventh Circuit to provide guidance for district courts to follow in policing against meritless merger-objection cases.