What We Do

The U.S. Chamber Litigation Center is the voice of business and free enterprise in the federal and state courts. We represent the Chamber in lawsuits to challenge unlawful federal, state, and local regulatory actions. We intervene to defend the government in cases brought by activists to challenge pro-business or deregulatory actions. We file amicus curiae briefs representing the broad views of the business community in important litigation throughout the country, including in the Supreme Court of the United States. We help advocates prepare for oral arguments in cases that present important business issues. We work with the media to help the public understand key decisions and legal principles.

Regulatory Lawsuits

On behalf of the U.S. Chamber, the Litigation Center challenges regulations and other governmental actions that are unlawful and harm free enterprise. The U.S. Chamber is the plaintiff or petitioner in these suits. The Litigation Center, again representing the U.S. Chamber, also intervenes to defend the interests of free enterprise in cases brought by activists or the plaintiffs’ bar to subvert governmental actions that advance economic growth and job creation.

Regulatory Lawsuits
Amicus Curiae Litigation

The Litigation Center engages in strategic amicus curiae (or “friend of the court”) litigation in courts across the country and in every level of the judicial system. The Litigation Center’s amicus strategy includes filing briefs that present unique and compelling legal arguments, and that educate courts on the practical implications of legal decisions to the broader business community.

SCOTUS Amicus Federal Amicus State Amicus

Featured Cases

Cummings v. Premier Rehab Keller, P.L.L.C.

U.S. Supreme Court

Issue:

Discrimination
Labor & Employment

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.

Supreme Court holds that emotional distress damages are not recoverable in private actions under the Rehabilitation Act or the Affordable Care Act. The U.S. Chamber filed an amicus brief supporting this outcome.

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Recht v. Justice

U.S. Court of Appeals for the Fourth Circuit

Issue:

Free Speech
Food, Drug & Healthcare

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.

Fourth Circuit holds West Virginia law regulating lawyer advertisements on medical drugs and devices does not violate the First Amendment and orders the case dismissed. The U.S. Chamber filed two amicus briefs supporting this outcome and participated in oral argument.

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U.S. ex rel. Sheldon v. Allergan Sales, LLC

U.S. Court of Appeals for the Fourth Circuit

Issue:

False Claims Act
Food, Drug & Healthcare

U.S. Chamber files coalition amicus brief urging Fourth Circuit to hold that as a matter of law, a plaintiff cannot state a claim under the False Claims Act against a drug manufacturer that rests on the defendant’s objectively reasonable construction of an ambiguous statute; such a claim does not satisfy the falsity and scienter requirements of the Act.

Fourth Circuit affirms dismissal of relator’s False Claims Act complaint alleging Medicaid fraud, holding that a defendant cannot act “knowingly” if it bases its actions on an objectively reasonable interpretation of the relevant statute and has not been warned away from that interpretation by authoritative guidance. This objective standard precludes inquiry into a defendant’s subjective intent and ensures that defendants must be put on notice before facing liability for allegedly violating complex legal requirements. The U.S. Chamber filed a coalition amicus brief supporting this result.

Fourth Circuit grants en banc rehearing in case presenting question whether, under the FCA, a defendant can act “knowingly” if it bases its actions on an objectively reasonable interpretation of the relevant statute and has not been warned away from that interpretation by authoritative guidance. U.S. Chamber previously filed coalition amicus brief in the court of appeals in support of affirming the district court’s dismissal of the relator’s complaint.

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.

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What We Do

Regulatory Lawsuits

Amicus Curiae Litigation

Featured Cases