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Recent Activity
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November 2, 2020
U.S. Chamber files coalition amicus brief urging Ninth Circuit to enforce “tracing” requirement for claims under Section 11 of the Securities Act of 1933.
October 31, 2020
U.S. Chamber and coalition of plaintiffs challenging implementation of nonimmigrant visa proclamation file motion to clarify preliminary injunction and to compel discovery into Department of State’s failure to comply with preliminary injunction.
October 30, 2020
U.S. Chamber files coalition amicus brief in support of universities and other plaintiffs seeking a motion for preliminary injunction against Department of Labor’s prevailing wage rule for H-1B visas. The U.S. Chamber is also a plaintiff leading a coalition of business groups and universities against regulations by both the Department of Homeland Security and the Department of Labor’s restricting H-1B visa rules.
October 30, 2020
U.S. Chamber files amicus brief urging California Court of Appeal to hold that Federal Arbitration Act preempts California SB 707, which unlawfully targets arbitration agreements for disfavored treatment by imposing one-sided sanctions on their drafters.
October 30, 2020
U.S. Chamber and business groups file amicus brief urging Third Circuit to affirm a lower court ruling that recognized Congress specifically designated the Clean Air Act reporting requirements, not the CERCLA reporting requirements, to apply to hazardous air releases that are “subject to” the Clean Air Act’s requirements.
October 29, 2020
U.S. Chamber files coalition brief urging New York Court of Appeals to reverse decision admitting unreliable expert testimony and diluting trial judge’s gatekeeping responsibilities.
October 29, 2020
Maine Supreme Judicial Court holds that local ordinance that prohibited bulk loading of crude oil onto marine vessels was not preempted by Maine’s comprehensive Coastal Conveyance Act. The U.S. Chamber and business groups had submitted an amicus brief supporting preemption.
October 29, 2020
First Circuit affirms remand to state court in climate nuisance case, holding that the federal officer removal statute does not apply and that the district court lacked authority to review additional grounds for removal at this stage. The U.S. Chamber filed a brief opposing this outcome.
October 28, 2020
En banc Eleventh Circuit dismisses no-injury FACTA class action, holding that printing more credit-card digits on a receipt than federal law allows is not a concrete harm establishing Article III standing unless the plaintiff can show a material risk of identity theft. The U.S. Chamber filed a coalition amicus brief supporting this outcome.
October 28, 2020
U.S. Chamber files amicus brief urging New York Supreme Court’s Appellate Division to reverse trial court order that failed to give meaning to New York’s special injury requirement for public nuisance claims by private parties.
October 23, 2020
U.S. Chamber leads coalition in filing motion for preliminary injunction and partial summary judgment against DHS and DOL rules that would fundamentally undermine the H-1B visa program for employers. The motion argues that the agencies violated the Administrative Procedure Act in failing to follow notice-and-comment rulemaking before making the rules final.
October 23, 2020
U.S. Chamber files amicus brief urging New York Supreme Court’s Appellate Division to reverse trial court order that failed to give meaning to New York’s special injury requirement for public nuisance claims by private parties.
October 23, 2020
U.S. Chamber files coalition amicus brief urging Supreme Court to review a Third Circuit decision that rejects an “objective falsity” standard under the False Claims Act.
October 22, 2020
California Court of Appeal affirms injunction requiring Uber and Lyft to reclassify their drivers as employees. The U.S. Chamber filed multiple amicus briefs in this case, opposing this outcome.
October 21, 2020
South Carolina Supreme Court dismisses as improvidently granted appeal from discovery order. The U.S. and South Carolina Chambers had submitted an amicus brief urging the Court to clarify the grounds for appealing a discovery order.
October 21, 2020
Pennsylvania Supreme Court holds that state court can exercise personal jurisdiction over products liability suit even though none of the conduct relevant to the elements of the plaintiff's claims occurred within the forum state. The U.S. Chamber filed a coalition amicus brief opposing this result.
October 20, 2020
New York Court of Appeals recognizes cross-jurisdictional class-action tolling, but also holds that a non-merits dismissal or denial of class certification ends tolling and restarts the limitations clock. The U.S. Chamber filed an amicus brief urging the court to entirely reject cross-jurisdictional class-action tolling.
October 19, 2020
U.S. Chamber files coalition amicus brief urging Oklahoma Supreme Court to reverse $465 million judgment that, based on a radically expansive theory of public nuisance, held a single defendant liable for statewide opioid crisis.
October 19, 2020
U.S. Chamber leads coalition of business and higher education plaintiffs in lawsuit to challenge DHS and DOL rules that would devastate high-skilled immigration under the H-1B visa program. The complaint alleges that the DHS and DOL rules were promulgated as final rules without following the notice-and-comment requirements or rulemaking under the Administrative Procedure Act, and also exceed the agencies’ statutory authority and are arbitrary and capricious.
October 19, 2020
U.S. Chamber files amicus brief urging Ninth Circuit to rehear Fair Housing Act case in which the panel decision deviated from Supreme Court precedent applying settled principles of proximate causation.
October 19, 2020
U.S. Chamber and business intervenors file reply in support of EPA’s Navigable Waters Protection Rule. The U.S. Chamber is part of a group of business associations urging the District of South Carolina to reject an environmental groups’ challenge to the rule.
October 19, 2020
U.S. Chamber, business, and labor groups move to intervene and to dismiss challenges to regulations from CEQ to reform the process of agency review of environmental impacts under NEPA.
October 16, 2020
Ninth Circuit denies interlocutory review of worker-misclassification class action under California law. The U.S. Chamber filed an amicus brief opposing this outcome.
October 15, 2020
U.S. Chamber files amicus brief urging Georgia Court of Appeals to adopt the apex-deposition doctrine, which protects corporate CEOs without unique relevant knowledge from abusive and unnecessary discovery.
October 13, 2020
U.S. Chamber files amicus brief urging district court to hold that Federal Arbitration Act preempts California SB 707, which unlawfully targets arbitration agreements for disfavored treatment by imposing one-sided sanctions on their drafters.
October 13, 2020
U.S. Chamber urges Supreme Court to grant review and confirm that refusal-to-deal claims should be dismissed on the pleadings where the complaint itself reveals that the defendant’s conduct has a rational, procompetitive purpose. Previously, the U.S. Chamber filed two amicus briefs when this case was before the Seventh Circuit.
October 13, 2020
U.S. Chamber files amicus brief urging Third Circuit to hold that the Federal Arbitration Act’s exemption for transportation workers “engaged in interstate commerce” only covers groups of workers whose work predominantly involves transportation of goods across state lines.
October 13, 2020
U.S. Chamber files amicus brief urging First Circuit to hold that the Federal Arbitration Act’s exemption for transportation workers “engaged in interstate commerce” does not cover rideshare drivers who occasionally drop off passengers at airports or train stations.
October 8, 2020
U.S. Chamber files amicus brief urging Supreme Court to grant cert and reverse certification of a class action because the named plaintiff's alleged injury is extremely atypical compared to the rest of the putative class members. The U.S. Chamber filed previously in the Ninth Circuit at the panel stage.
October 8, 2020
U.S. Chamber files amicus brief arguing that Delaware Supreme Court should reverse $12 million “mootness fee” in securities litigation suit and impose meaningful limits on efforts to seek such awards.
October 7, 2020
Fifth Circuit issues order scheduling oral argument in a case in which the panel misapplied the appropriate test for timely removal under the Federal Officer Removal Statute. The U.S. Chamber and other business associations filed an amicus brief supporting rehearing with oral argument.
October 7, 2020
U.S. Chamber files coalition amicus brief urging NLRB to rescind or modify the contract bar doctrine to promote employee freedom of choice.
October 6, 2020
Louisiana Supreme Court grants review over lower court decision that wrongfully treated terms in a statute as revising the meaning of a contract that the parties entered into long before the statute was written. The U.S. Chamber filed an amicus brief supporting review.
October 5, 2020
U.S. Chamber files coalition brief urging New Jersey Supreme Court to review appellate court decision reversing trial court’s exclusion of unreliable expert testimony and undermining trial judge’s gatekeeping responsibilities.
October 5, 2020
U.S. Chamber files coalition amicus brief in support of challenge to Minnesota law that violates the Takings Clause by requiring manufacturers to provide insulin without compensation.