Recent Activity

Results are sorted by the date of most recent activity.
October 12, 2022

U.S. Chamber submits coalition amicus brief urging California Supreme Court to hold that lawsuits by employees’ family members for Covid-19 injuries are barred by the derivative-injury rule and that employers do not owe a duty to protect non-employees from “take home” Covid-19. 

October 11, 2022

U.S. Chamber files motion for leave to file amicus brief arguing that the Medicare Secondary Payer Act’s private right of action violates the Constitution’s separation of powers.

October 10, 2022

U.S. Chamber files amicus brief urging New Mexico Supreme Court to hold that the separate election of a state attorney general does not immunize the rest of the state government from ordinary reciprocal discovery obligations when the attorney general represents the State as a plaintiff.

October 10, 2022

U.S. Chamber files amicus brief urging Texas Supreme Court to reverse toxic-tort judgment and require plaintiff to prove injury-specific and defendant-specific evidence of causation with reliable expert testimony accounting for potential alternative causes.

October 7, 2022

U.S. Chamber files amicus brief urging Fifth Circuit to hold that for-cause removal protection for Commissioners of the Consumer Product Safety Commission violates the Constitution.

October 5, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to recognize that the Supreme Court’s recent decision in Viking River has invalidated California’s anti-arbitration McGill rule. 

October 4, 2022

Georgia Supreme Court grants certiorari in case in which Georgia Court of Appeals held, inter alia, that unknown criminal assailant’s attack on plaintiff in store parking lot was foreseeable, and that jury reasonably found that assailant bore no fault for plaintiff’s injuries.  U.S. Chamber filed amicus brief urging the grant of certiorari. 

October 4, 2022

Split D.C. Circuit panel upholds DHS program that permits foreign visitors on student visas to remain in the U.S. for a limited period of post-coursework Optional Practical Training.  The U.S. Chamber intervened as a defendant to defend the program, participating in the district court and again on appeal.

October 4, 2022

U.S. Chamber files coalition amicus brief urging California Court of Appeal to reject novel theory of products liability for non-defective products. The U.S. Chamber previously filed an amicus letter urging the court to grant a writ of mandate.

October 3, 2022

U.S. Chamber files coalition amicus brief arguing that Fourth Circuit should reverse class certification where class members cannot be readily identified and the claims on which the district court authorized an “issues class” cannot satisfy Rule 23(b)(3).  The U.S. Chamber previously filed an amicus brief supporting review.

October 3, 2022

Supreme Court grants cert to decide whether communications for intertwined legal and business purposes are protected by attorney-client privilege. The U.S. Chamber filed an amicus brief urging the Court to grant cert.

October 3, 2022

Supreme Court denies certiorari to correct Second Circuit’s uncritical and reflexive deference to a sovereign regulator’s interpretation of its own laws.  The U.S. Chamber filed an amicus brief supporting cert.

October 3, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and hold that plaintiffs alleging a Section 11 claim under the Securities Act of 1933 must be able to “trace” their securities to the registration statement on which they base their claim.

October 3, 2022

U.S. Chamber files coalition amicus brief urging Fourth Circuit to enforce the False Claims Act’s materiality requirement and to hold that false statements, made by an individual employee of the defendant, concerning unlawful requirements cannot be material under the FCA because the government was required to disregard those unlawful requirements (and thus to disregard the false statements as well).  The U.S. Chamber previously filed an amicus brief in this case before the federal district court. 

September 30, 2022

U.S. Chamber files coalition amicus brief urging Third Circuit to reject effort by the Consumer Financial Protection Bureau to expand its enforcement authority by including passive securitization trusts in the statutory definition of “covered persons” in the Consumer Financial Protection Act.

September 30, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and clarify protection afforded by the PREP Act to businesses on the front lines of fighting COVID-19.

September 30, 2022

District court grants summary judgment for Home Depot in ERISA breach of fiduciary duty case, holding that plaintiffs failed to show evidence of loss causation regarding their excessive fees claim and that there was not a genuine issue of fact as to whether no prudent fiduciary would retain certain funds.  The U.S. Chamber filed an amicus brief supporting this outcome.

September 28, 2022

U.S. Chamber files coalition lawsuit challenging the Consumer Financial Protection Bureau’s recent update to the Unfair, Deceptive, or Abusive Acts or Practices section of its examination manual as unlawful.

September 28, 2022

Minnesota Supreme Court formally recognizes the common-interest doctrine in Minnesota.  The U.S. Chamber filed an amicus brief supporting this result.

September 27, 2022

Ohio Supreme Court declines to exercise jurisdiction to correct error regarding the standard of liability for manufacturing defects.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.

September 23, 2022

By equally divided vote, en banc court affirms judgment of district court dismissing False Claims Act suit for alleged violations of Medicaid program obligations.  The U.S. Chamber filed a coalition amicus brief supporting affirmance.

September 23, 2022

U.S. Chamber, Business Roundtable, and Tennessee Chamber move for summary judgment on their challenge to the SEC’s 2022 proxy advisor rule.

September 22, 2022

District court dismisses, without prejudice, ERISA complaint.  The Chamber filed an amicus brief supporting dismissal.

September 21, 2022

U.S. Chamber files coalition amicus brief urging New York Appellate Division to reinforce traditional limits on negligence and private nuisance law, as well as class certification, in case involving alleged transient odors from a plastics facility.

September 20, 2022

U.S. Chamber files coalition amicus brief urging Texas Supreme Court to reject a “certify now and worry later” approach to class actions and hold that absent class members must have standing at the class certification stage.

September 16, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to reject certified class of individuals alleging a mere risk of a risk of injury.

September 15, 2022

Sixth Circuit denies rehearing of decision holding that any 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 supporting rehearing. 

September 15, 2022

District court refuses to grant class objectors indicative ruling about whether Rule 23(e)(5)(B) would require court approval of payments made to objectors in exchange for withdrawing objections to plaintiffs’ attorney’s fees requests. At the court’s invitation, the U.S. Chamber filed an amicus brief supporting this outcome. 

September 15, 2022

Second Circuit holds that New York’s law requiring national banks to pay interest on mortgage escrow accounts is preempted by the National Bank Act, reversing the district court.  The Chamber filed a coalition amicus brief supporting this result.

September 15, 2022

Second Circuit holds that New York’s law requiring national banks to pay interest on mortgage escrow accounts is preempted by the National Bank Act, reversing the district court.  The Chamber filed a coalition amicus brief supporting this result.

September 13, 2022

U.S. Chamber files coalition amicus brief urging Washington Supreme Court to require jury instruction about the known-or-obvious defense to premises liability.  The U.S. Chamber previously filed an amicus brief supporting review.

September 13, 2022

District court dismisses antitrust claims in lawsuit attacking the process of setting the LIBOR benchmark rate, holding that plaintiffs lack antitrust standing. The U.S. Chamber filed a coalition amicus brief supporting dismissal, as well as a brief opposing plaintiffs’ motion for a preliminary injunction against the publication of LIBOR. 

September 12, 2022

Eleventh Circuit denies rehearing of decision allowing Medicare Secondary Payer Act claims to proceed past the pleading stage without factual support. The U.S. Chamber filed a coalition amicus brief supporting rehearing. 

September 9, 2022

Sixth Circuit agrees to review certification of Rule 23(b)(2) injunctive class seeking an investigative study of health effects of PFAS chemicals and subsequent medical monitoring for nearly everyone in Ohio.  The U.S. Chamber filed a coalition amicus brief supporting review.

September 9, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and hold that a class may not be certified where more than a de minimis number of unnamed class members may be uninjured.  The Chamber filed two amicus briefs when this case was before the Ninth Circuit.