Recent Activity

Results are sorted by the date of most recent activity.
October 21, 2021

New York’s Supreme Court Appellate Division reinforces New York’s special injury requirement for public nuisance claims by private parties, holding that neighbors to a landfill could not pursue public nuisance claims based on allegedly noxious odors.  The U.S. Chamber filed an amicus brief supporting this result. 

October 20, 2021

U.S. Chamber files coalition amicus brief urging Ninth Circuit to hold that the PREP Act is a complete preemption statute, protecting businesses on the front lines of responding to COVID-19.

October 20, 2021

U.S. Chamber files amicus brief urging state appellate court to affirm decision that “Federal Forum Provisions” – which appear in corporate charters or bylaws and require that any claims against the corporation under the Securities Act of 1933 be brought in federal court – are valid and enforceable under state and federal law.

October 20, 2021

U.S. Chamber and coplaintiffs petition for rehearing en banc after divided Ninth Circuit panel holds that California’s anti-arbitration A.B. 51 is not preempted by the Federal Arbitration Act.

October 19, 2021

Georgia Supreme Court grants cert. to review Georgia Court of Appeals’ refusal to recognize the “apex doctrine,” which protects corporate CEOs without unique relevant knowledge from abusive and unnecessary discovery.  The U.S. Chamber filed an amicus brief supporting certiorari and two other briefs before the Georgia Court of Appeals in this case.

October 19, 2021

New Jersey Supreme Court grants certiorari to consider whether the appellate court properly reversed a damages verdict from a trial that excluded evidence regarding the process Congress and the FDA developed to assure the safety and effectiveness of medical devices.  The U.S. Chamber opposed certiorari.

October 19, 2021

U.S. Chamber files coalition amicus brief urging Sixth Circuit to affirm the district court’s permanent injunction of the recent federal statutory “Tax Mandate” provision that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber filed a coalition amicus brief in the district court supporting the injunction and has filed similar briefs supporting similar challenges by other States.

October 18, 2021

U.S. Chamber files amicus brief urging New York Supreme Court Appellate Division to impose meaningful relief for ethical violations by class action plaintiffs’ lawyers.

October 18, 2021

U.S. Chamber files amicus brief urging Supreme Court to review and reverse Ninth Circuit’s interpretation of traveling-expense exclusions under the Fair Labor Standards Act, which exposes employers to potential deluge of per diem litigation. 

October 15, 2021

U.S. Chamber files coalition amicus brief in support of the constitutionality of Illinois’ Transportation Network Provider Act.  The brief argues that it is not “special legislation” for the General Assembly to create a different regulatory scheme for transportation network companies than for common carriers.  The U.S. Chamber filed an amicus brief when this case was in the Illinois Court of Appeals.

October 15, 2021

U.S. Chamber submits coalition amicus brief arguing that participating in the process of setting a benchmark (here, LIBOR) is not per se unlawful under the Sherman Act.  The U.S. Chamber filed a coalition amicus brief at an earlier stage of this case.

October 15, 2021

Ninth Circuit upholds denial of preliminary injunction, rejecting argument that regulation of out-of-state meat production violates dormant Commerce Clause.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.

October 14, 2021

EU General Court dismissed application by Amazon to annul the decision of the European Commission to allow the EC and Italy to pursue separate, parallel antitrust investigations of the same party on the same issue.  The U.S. Chamber had submitted an application for intervention as an interested third party to oppose that result, which the EU General Court declared no need to adjudicate.

October 14, 2021

Florida Supreme Court allows discovery into any financial relationship between a defendant’s expert witnesses, liability insurer, and law firm.  The Court declined in this case to revisit its precedent barring discovery into the relationship between a plaintiff’s law firm and his physician, despite acknowledging the uneven playing field it creates.  The U.S. Chamber filed a coalition amicus brief opposing this result.

October 14, 2021

Florida Supreme Court allows discovery into any financial relationship between a defendant’s expert witnesses, liability insurer, and law firm.  The Court declined in this case to revisit its precedent barring discovery into the relationship between a plaintiff’s law firm and his physician, despite acknowledging the uneven playing field it creates.  The U.S. Chamber filed a coalition amicus brief opposing this result.

October 13, 2021

South Carolina Supreme Court affirms Governor McMaster’s authority to end temporary supplemental unemployment benefits.  The U.S. Chamber filed a coalition amicus brief supporting this result and also filed a brief in the trial court. 

October 13, 2021

U.S. Chamber and coalition file reply brief in support of their cross-motion for partial summary judgment on their challenge to Maryland’s digital services tax.

October 12, 2021

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and hold that the Federal Arbitration Act preempts heightened obstacles to adding arbitration provisions to bank account agreements by change-of-terms procedures.

October 12, 2021

U.S. Chamber files coalition amicus brief urging California Supreme Court to review lower court decision that erodes limitations on medical damages for insured plaintiffs.

October 8, 2021

U.S. Chamber files amicus brief urging Ninth Circuit to respect arbitration delegation clause.

October 7, 2021

New York Court of Appeals holds that mere business registration in New York does not subject a foreign corporation to general personal jurisdiction in that state.  The U.S. Chamber filed a coalition amicus brief supporting this result.

October 6, 2021

U.S. Chamber files merits stage coalition amicus brief in Supreme Court.  The brief offers a narrower ground for affirmance, namely that compensatory damages, including emotional distress damages, are unavailable for unintentional-discrimination claims that allege only a failure to provide reasonable accommodation. 

October 4, 2021

Supreme Court denies certiorari to consider whether uncorroborated allegations can reveal the truth to the market for purposes of establishing loss causation in a securities class action.  The U.S. Chamber filed a brief supporting certiorari.

October 4, 2021

Supreme Court denies certiorari to consider whether punitive state and local fines are excluded from federal judicial review under the Tax Injunction Act.  The U.S. Chamber filed a brief supporting certiorari.

October 4, 2021

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and clarify that no presumption against preemption applies to the Food, Drug, and Cosmetic Act’s express preemption provision for regulating cosmetic products.

October 4, 2021

U.S. Chamber files coalition amicus brief supporting motion for partial summary judgment by Texas, Louisiana, and Mississippi challenging the recent federal statutory “Tax Mandate” provision that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber has filed similar briefs supporting similar challenges by other States.

October 4, 2021

U.S. Chamber files amicus brief urging U.S. District Court for the Western District of Kentucky to apply careful, context-sensitive scrutiny to complaint’s allegations in ERISA case.  In recent years, plaintiffs’ attorneys have filed a wave of such suits, often with cookie-cutter complaints. 

October 1, 2021

U.S. Chamber files amicus brief urging Indiana Supreme Court to adopt the apex-deposition doctrine, which protects corporate CEOs without unique relevant knowledge from abusive and unnecessary discovery.

September 30, 2021

Fifth Circuit grants Rule 23(f) petition to consider class certification order that failed to require named plaintiffs to establish that a putative class is ascertainable and that the unnamed class members have Article III standing at the class certification stage.  The U.S. Chamber filed an amicus brief supporting this result.

September 30, 2021

U.S. Chamber files coalition amicus brief urging Missouri Supreme Court to accept transfer of cases and hold that neither special consideration nor mutuality of obligation is required for arbitration agreements in Missouri.

September 30, 2021

U.S. Chamber files coalition amicus brief urging Missouri Supreme Court to accept transfer of cases and hold that neither special consideration nor mutuality of obligation is required for arbitration agreements in Missouri.

September 29, 2021

Ninth Circuit reverses district court order certifying a class of approximately 230 million people in indirect purchaser lawsuit brought under multiple state laws.  The U.S. Chamber filed an amicus brief supporting this outcome.

September 28, 2021

Case dismissed pursuant to Rule 46.1 joint stipulation to dismiss. The U.S. Chamber filed a coalition amicus brief arguing that 28 U.S.C. 1782 does not authorize discovery in support of international commercial arbitrations.

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

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.