U.S. Supreme Court Amicus

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Charter Communications, Inc. v. Gallion

U.S. Supreme Court
Pending
December 2, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari in Telephone Consumer Protection Act suit against Charter Communications.  In the decision below, the Ninth Circuit held that the government-debt exception to the TCPA violates the First Amendment, and the court severed that exception from the statute.  The U.S. Chamber argues that the proper remedy was to invalidate the TCPA’s prohibition on speech, not to sever the exception.  The U.S. Chamber previously filed amicus briefs at the panel stage and in support of rehearing in the Ninth Circuit.

AMG Capital Management, LLC v. Federal Trade Commission

U.S. Supreme Court
Pending
November 22, 2019

U.S. Chamber files coalition amicus brief urging Supreme Court to grant cert. to decide whether the FTC’s authority to seek injunctive relief includes the authority to seek monetary awards.

Facebook, Inc. v. Duguid

U.S. Supreme Court
Pending
November 20, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari in Telephone Consumer Protection Act suit against Facebook.  The U.S. Chamber previously filed amicus briefs at the panel stage in the Ninth Circuit.

Thole v. U.S. Bank, N.A.

U.S. Supreme Court
Pending
November 19, 2019

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that a participant in a defined benefit retirement plan does not suffer a cognizable injury for breach of fiduciary duty under Article III unless the alleged breach materially increases the risk that the participant will not receive his or her promised benefits.  The U.S. Chamber previously filed an amicus brief when this case was before the Eighth Circuit.

CTIA-The Wireless Association v. City of Berkeley, California

U.S. Supreme Court
Pending
November 1, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari to clarify the proper legal standard for compelled commercial speech.  The U.S. Chamber previously filed an amicus brief in support of certiorari.  The Supreme Court remanded to the Ninth Circuit in light of NIFLA v. Becerra, and the Ninth Circuit once again applied a relaxed legal standard to reject plaintiff’s First Amendment challenge.   

Nestlé USA, Inc. v. Doe I; Cargill, Inc. v. Doe I

U.S. Supreme Court
Pending
October 28, 2019

U.S. Chamber files amicus brief in support of two petitions for writ of certiorari concerning the extraterritorial reach of the Alien Tort Statute (ATS) and the liability of a domestic corporation under the ATS.  The U.S. Chamber previously filed an amicus brief in support of a petition for rehearing en banc in the Ninth Circuit.  The Ninth Circuit denied rehearing, but over the dissents of eight judges.

Ford Motor Co. v. Montana Eighth Judicial District Court

U.S. Supreme Court
Pending
October 21, 2019

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and reaffirm that specific personal jurisdiction requires a substantial causal connection between the defendant’s forum contacts and the plaintiff’s asserted claim.

Ford Motor Co. v. Bandemer

U.S. Supreme Court
Pending
October 21, 2019

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and reaffirm that specific personal jurisdiction requires a substantial causal connection between the defendant’s forum contacts and the plaintiff’s asserted claim.

Seila Law LLC v. Consumer Financial Protection Bureau

U.S. Supreme Court
Pending
October 18, 2019

Supreme Court grants cert. petition regarding constitutional challenge to the statutory limitations on the removal of the Director of the CFPB.  The U.S. Chamber filed an amicus brief supporting cert.

Domino's Pizza, LLC v. Robles

U.S. Supreme Court
Decided
October 7, 2019

Supreme Court declines cert. petition regarding whether or how the Americans with Disabilities Act applies to websites and apps.  The U.S. Chamber filed an amicus brief supporting cert.

Pfizer Inc. v. Adamyan

U.S. Supreme Court
Decided
October 7, 2019

Supreme Court declines cert. petition concerning removability of class actions under CAFA.  The U.S. Chamber filed an amicus brief supporting cert.

U.S. Forest Service v. Cowpasture River Preservation Association

U.S. Supreme Court
Pending
October 4, 2019

Supreme Court grants cert. petition to review Fourth Circuit’s incorrect opinion that the Forest Service lacks authority to grant rights-of-way hundreds of feet underneath national trails.  The U.S. Chamber filed briefs supporting rehearing in the Fourth Circuit and supporting cert. in the Supreme Court.

Department of Homeland Security v. Regents of the University of California

U.S. Supreme Court
Pending
October 4, 2019

U.S. Chamber joins merits-stage amicus brief of 143 businesses and associations in support of deferred action for childhood arrivals (DACA) program. 

HSBC Holdings PLC v. Picard

U.S. Supreme Court
Pending
October 2, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant cert. to review whether a bankruptcy trustee may use the Bankruptcy Code to claw back purely foreign transactions between foreign entities or whether such claims are barred by the presumption against extraterritoriality.

GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC

U.S. Supreme Court
Pending
September 25, 2019

U.S. Chamber files amicus brief at merits stage in Supreme Court, arguing that the New York Convention on international arbitration does not conflict with domestic law applying equitable estoppel to enforce arbitration agreements against signatories.

Americans for Prosperity v. Becerra; Thomas More Law Center v. Becerra

U.S. Supreme Court
Pending
September 25, 2019

U.S. Chamber files amicus brief in support of cert. petitions in First Amendment cases, arguing that the Court should grant review of Ninth Circuit judgment permitting California Attorney General to demand donor information from nonprofits. 

Moda Health Plan, Inc. v. United States

U.S. Supreme Court
Pending
September 6, 2019

U.S. Chamber files amicus brief urging U.S. Supreme Court to reverse Federal Circuit’s overly lenient standard for allowing the United States to walk away from financial obligations to private companies induced to participate in public programs with financial assurances.  Previously, the U.S. Chamber filed a brief supporting the cert. petition.

Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC

U.S. Supreme Court
Pending
August 29, 2019

U.S. Chamber files amicus brief concerning application of the “de facto officer” doctrine in Appointments Clause litigation.  The U.S. Chamber’s brief takes no position on whether there is any constitutional violation in the appointment of officers to serve on the Financial Oversight and Management Board of Puerto Rico, but argues that if the Court concludes there is a violation of the Appointments Clause here, then the de facto officer doctrine does not bar judicial relief vacating the governmental action taken by unconstitutionally appointed officers that causes injury to an aggrieved party.

Atlantic Richfield Co. v. Christian

U.S. Supreme Court
Pending
August 28, 2019

U.S. Chamber and coalition of business groups file amicus brief urging the Supreme Court to hold the Comprehensive Environmental, Response, Compensation, and Liability Act (“CERCLA,” also known as Superfund) prevents state tort claims that seek to impose remedies that challenge EPA approved cleanup plans.  Previously, the U.S. Chamber also filed an amicus brief supporting the cert. petition.

Intel Corp. Investment Policy Committee v. Sulyma

U.S. Supreme Court
Pending
August 28, 2019

U.S. Chamber files coalition amicus brief arguing, at merits stage, that the Supreme Court should hold that ERISA plan disclosures give plan participants actual knowledge of the information disclosed for statute-of-limitation purposes.

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