Recent Activity

Results are sorted by the date of most recent activity.
September 27, 2021

U.S. Chamber files coalition amicus brief urging California Court of Appeal to hold that California’s Unfair Competition Law does not require sellers to warn users of all conceivable harms that could arise from any possible uses of their products.

September 24, 2021

District Court holds that the Tax Mandate violates the Constitution’s Spending Clause, and permanently enjoins the U.S. Department of the Treasury from enforcing the Tax Mandate against the Commonwealth of Kentucky and the State of Tennessee.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

September 24, 2021

Third Circuit decertifies class for failure to consider whether the issues for a Rule 23(c)(4) “issues” class satisfy Rule 23(b)(3)’s predominance and superiority requirements, but declines to require the cause of action as a whole to satisfy those requirements.

September 24, 2021

U.S. Chamber files amicus brief urging Fifth Circuit to hold that named plaintiffs must establish both that a putative class is ascertainable and that the unnamed class members have Article III standing at the class certification stage.

September 23, 2021

California Superior Court finds that the ABC test likely applies to Handy, but concludes that the propriety of a preliminary injunction warrants additional briefing.  The U.S. Chamber filed an amicus brief opposing this outcome.  

September 23, 2021

U.S. Chamber files coalition amicus brief urging Supreme Court to grant petition for writ of certiorari and hold that the Federal Arbitration Act preempts California’s Iskanian rule, which creates an end-run around arbitration agreements for Private Attorney General Act claims.

September 22, 2021

U.S. Chamber files amicus brief urging Tenth Circuit to affirm district court’s decision in antitrust case, which considered claims of exclusive-dealing arrangements by a monopolist through a fact-intensive economic analysis of their actual competitive effects, rather than presuming anticompetitive effects.

September 21, 2021

U.S. Chamber files amicus brief urging Supreme Court to review and reverse Ninth Circuit decision holding that the Airline Deregulation Act and FAAAA preempt only those state laws that bind an airline to a particular price, route, or service, as opposed to those that have a significant impact on airline prices, routes, and services.  

September 21, 2021

Georgia Supreme Court declines to overrule its precedent holding that mere business registration in Georgia subjects a corporation to general personal jurisdiction in that state.  The U.S. Chamber filed an amicus brief opposing this outcome.

September 21, 2021

D.C. Circuit grants motion of U.S. Chamber and other business groups to intervene to defend EPA’s 2020 decision to retain the existing National Ambient Air Quality Standards (NAAQS) for ozone.

September 21, 2021

U.S. Chamber files amicus brief urging district court to dismiss indictment under the Sherman Act because courts have not held no-solicitation agreements to be per se illegal and businesses and executives are entitled to fair notice of what conduct is and is not prohibited by the federal antitrust laws.

September 20, 2021

Ninth Circuit concludes that California’s Proposition 22 does not apply retroactively to plaintiff’s wage and overtime claims and remands to the district court to apply the ABC test for independent contractor classification.  The U.S. Chamber filed an amicus brief opposing this result. 

September 20, 2021

Ninth Circuit holds that plaintiffs have standing to challenge the direct listing of a security under Sections 11 & 12(a)(2) of the Securities Act of 1933 if they merely purchased a security of “the same nature” as a registered security.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.

September 17, 2021

U.S. Chamber files merits stage amicus brief urging the Supreme Court to hold that federal courts have jurisdiction over motions to confirm or vacate arbitration awards in matters involving federal issues.  

September 16, 2021

U.S. Chamber files coalition amicus brief urging Eighth Circuit to hold that defendant did not violate ERISA by exercising its contractual right to periodically reset the crediting rate for its fixed income product, because Principal’s rate-setting process reasonably accounted for the risks and costs of the product and resulted in a desirable, competitive product for participants.  The U.S. Chamber previously filed a coalition brief in the Eighth Circuit at an earlier stage of this case.

September 16, 2021

D.C. Circuit grants motion of U.S. Chamber and other business groups to intervene to defend EPA’s 2020 decision to retain the existing National Ambient Air Quality Standards (NAAQS) for particulate matter (PM).

September 15, 2021

Divided Ninth Circuit holds that California’s anti-arbitration legislation AB 51 is not preempted by the Federal Arbitration Act.  As a co-plaintiff, the U.S. Chamber opposed this outcome.

September 15, 2021

U.S. Chamber files amicus brief urging Supreme Court to grant cert and hold that a targeted tax aimed specifically and exclusively at a small group of speakers – here, four billboard companies – is subject to heightened scrutiny under the First Amendment.

September 15, 2021

Massachusetts Supreme Judicial Court holds that prior state settlement did not bar punitive damages award for conduct that caused a plaintiff’s specific harm.  The U.S. Chamber filed a coalition amicus brief opposing this result. 

September 15, 2021

District court vacates Department of Homeland Security’s Lottery Rule.  The court previously vacated the other immigration regulation challenged in this case, the Department of Labor’s Prevailing Wage Rule.  The U.S. Chamber filed suit this spring, leading a coalition challenging both rules.  

September 14, 2021

U.S. Chamber files amicus brief arguing against expanding strict liability for a defective product to the manufacturer of a mere component part that was not itself defective.  The U.S. Chamber also filed an amicus brief supporting direct appellate review.

September 10, 2021

U.S. Chamber files amicus brief urging Supreme Court to review whether Federal Aviation Administration Authorization Act preempts California’s A.B. 5 as applied to motor carriers.  The U.S. Chamber filed multiple amicus briefs in the Ninth Circuit. 

September 10, 2021

U.S. Chamber files amicus brief urging Supreme Court to reinforce constraints on Chevron deference.  

September 10, 2021

U.S. Chamber files amicus brief calling for California Superior Court to recognize broad scope of the referral exemption from its ABC test under Section 2777 of the California Labor Code. 

September 10, 2021

U.S. Chamber files amicus brief urging Supreme Court to hold that Section 504 of the Rehabilitation Act precludes disparate-impact claims.  The U.S. Chamber previously filed an amicus brief in support of certiorari.  

September 9, 2021

U.S. Chamber submits amicus brief in District of New Jersey, arguing that the district court erred in concluding that an employer can be liable under the False Claims Act for applying for the wrong type of employment visa.  

September 9, 2021

California Supreme Court reaffirms rule that hirers who fully and effectively delegate work to a contractor owe no tort duty to that contractor’s workers.  The U.S. Chamber filed a coalition amicus brief supporting this result.    

September 9, 2021

Sixth Circuit holds TCPA’s automated-call restriction retrospectively enforceable for the period in which the government-debt exception was on the books.  The U.S. Chamber filed an amicus brief opposing this result.   

September 9, 2021

U.S. Chamber files amicus brief urging Minnesota Supreme Court to reverse the Minnesota Court of Appeals and affirm that the common interest doctrine is recognized in Minnesota.

September 7, 2021

U.S. Chamber files coalition amicus brief urging Georgia Court of Appeals to uphold broad immunities under federal and state law for businesses on the front lines of responding to COVID-19.

September 7, 2021

U.S. Chamber files coalition amicus brief urging en banc Ninth Circuit to hold that a class action may not be certified if it includes any known uninjured individuals or if there is a possibility that it includes more than a de minimis number of uninjured individuals.  In no event may an uninjured individual be included in the class at final judgment.  The U.S. Chamber previously filed an amicus brief in this case.

September 7, 2021

U.S. Chamber files amicus brief arguing Fourth Circuit should reverse misapplication of First Amendment doctrine to West Virginia law regulating lawyer advertisements on medical drugs and devices.  Previously, the U.S. Chamber filed an amicus brief when this case was before the district court.

September 3, 2021

U.S. Chamber and business associations file brief in challenge to EPA’s Navigable Waters Protection Rule, supporting EPA’s motion for voluntary remand without vacatur.  The U.S. Chamber is an intervenor-defendant in this case.

September 3, 2021

U.S. Chamber files coalition amicus brief defending Tennessee Governor’s decision to end temporary supplemental unemployment benefits.  The brief explains that while the benefits were important earlier in the pandemic, they are now hindering economic recovery by suppressing the labor market.

September 3, 2021

U.S. Chamber submits amicus brief in Western District of Virginia, arguing that the government’s allegation that a company received an overpayment does not impose an immediate duty to repay that is enforceable under the False Claims Act.