U.S. Supreme Court Amicus

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Yovino v. Rizo

U.S. Supreme Court
Decided
July 2, 2020

Supreme Court declines cert. petition challenging divided en banc Ninth Circuit's decision that Equal Pay Act precludes employers from considering applicants' pay history.  The U.S. Chamber filed a coalition amicus brief supporting the cert. petition.

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

U.S. Supreme Court
Pending
July 2, 2020

Supreme Court grants certiorari in two consolidated cases concerning the extraterritorial reach of the Alien Tort Statute (ATS) and the liability of a domestic corporation under the ATS.  The U.S. Chamber filed a coalition amicus brief supporting this result.

Ford Motor Co. v. United States

U.S. Supreme Court
Decided
June 29, 2020

Supreme Court denies cert. petition challenging a Federal Circuit decision departing from settled principles of tariff classification.  The U.S. Chamber filed an amicus brief supporting the cert. petition.  Previously, the Chamber also filed an amicus brief in the Federal Circuit supporting panel rehearing and rehearing en banc.

Seila Law LLC v. Consumer Financial Protection Bureau

U.S. Supreme Court
Decided
June 29, 2020

Supreme Court holds that statutory limitations on the removal of the Director of the CFPB violate the separation of powers.  The U.S. Chamber filed amicus briefs at the cert. and merits stages that supported this outcome.

Altera Corporation v. Commissioner of Internal Revenue

U.S. Supreme Court
Decided
June 22, 2020

Supreme Court denies certiorari, declining to review whether the IRS violated the Administrative Procedure Act in interpreting tax regulation regarding cost-sharing arrangements. The U.S. Chamber filed an amicus brief supporting the cert. petition.  When this case was before the Ninth Circuit, the U.S. Chamber filed amicus briefs at the initial panel stage, the second panel stage after the court sua sponte vacated the first panel’s opinion, and again in support of rehearing after the second panel’s opinion.

Liu v. SEC

U.S. Supreme Court
Decided
June 22, 2020

U.S. Supreme Court upholds but limits SEC’s authority to seek disgorgement in civil proceedings.  The U.S. Chamber filed an amicus brief opposing the SEC.

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

U.S. Supreme Court
Decided
June 18, 2020

Supreme Court holds that the Trump Administration violated requirements of the Administrative Procedure Act when it rescinded the Deferred Action for Childhood Arrivals (DACA) program.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

Actavis Holdco U.S., Inc. v. Connecticut

U.S. Supreme Court
Decided
June 15, 2020

Supreme Court denies certiorari, letting stand a discovery order that requires production of tens of millions of irrelevant, sensitive files matching extremely broad search terms, without any opportunity for document review.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.  We also filed two briefs in the Third Circuit, at the panel and rehearing en banc stages.

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

U.S. Supreme Court
Decided
June 15, 2020

Supreme Court holds Forest Service retains authority to grant pipeline easements deep beneath National Trail easements on Forest Service lands.  The U.S. Chamber and aligned business groups submitted an amicus brief supporting this result.  Previously, the U.S. Chamber filed amicus briefs supporting cert. and urging the Fourth Circuit to grant rehearing en banc.

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

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court holds that a participant in a defined-benefit ERISA plan who has received all vested benefits—and who has not shown a “substantially increased risk that the plan and employer would both fail”—lacks standing to sue for breach of fiduciary duty under ERISA.  The U.S. Chamber filed an amicus brief supporting this outcome. 

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

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court holds that the Appointments Clause does not govern the appointment of members of the Financial Oversight and Management Board for Puerto Rico. The U.S. Chamber’s amicus brief took no position on this question, arguing only that the de facto officer doctrine does not bar full judicial relief if there had been a constitutional violation. Because the Court found no violation, it did not address the remedial issue.

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

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court reverses Eleventh Circuit, holding that the New York Convention governing international arbitration does not conflict with domestic contract-law doctrines permitting nonsignatories to enforce arbitration agreements.  The U.S. Chamber filed an amicus brief supporting this outcome.

Comcast Corp. v. Tillage; AT&T Mobility LLC v. McArdle

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court denies cert. petitions concerning whether the Federal Arbitration Act preempts California’s McGill rule, which purports to empower all arbitrators to award public injunctions despite contrary private arbitration agreements.  The U.S. Chamber filed an amicus brief supporting the cert. petitions.

HSBC Holdings PLC v. Picard

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court denies cert. petition concerning 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.  The U.S. Chamber filed an amicus brief supporting the cert. petition.

Kinder Morgan Energy Partners, L.P. v. Upstate Forever

U.S. Supreme Court
Decided
May 8, 2020

U.S. Supreme Court grants, vacates, and remands, for consideration in light of County of Maui v. Hawaii Wildlife Fund, the Fourth Circuit’s erroneous holding that Clean Water Act permitting requirements apply to discharges into groundwater whenever there is a “direct hydrological connection” between the groundwater and nearby navigable waters.  The U.S. Chamber filed an amicus brief in support of certiorari in this case and on the merits of the County of Maui case.  

CIC Services, LLC v. IRS

U.S. Supreme Court
Pending
May 8, 2020

Supreme Court grants certiorari, will decide whether the Anti-Injunction Act bars pre-enforcement challenges to IRS reporting requirements enforced by tax penalties. The U.S. Chamber filed an amicus brief supporting this outcome.

B.P. p.l.c. v. Mayor and City Council of Baltimore

U.S. Supreme Court
Pending
April 30, 2020

U.S. Chamber files amicus brief urging the Supreme Court to grant cert. and address the scope of review available where a lower court rejects removal of an action to federal court under the federal officer removal statute.  Previously, the U.S. Chamber filed an amicus brief in the Fourth Circuit opposing remand and urging the court to review all grounds for removal.

Moda Health Plan, Inc. v. United States

U.S. Supreme Court
Decided
April 27, 2020

Supreme Court reverses Federal Circuit’s overly lenient standard for allowing the United States to walk away from financial obligations to businesses induced to participate in public programs by financial assurances.  The Court also clarifies that “implied revocation” in a later Congress’ appropriations rider doesn’t repeal clear statutory commitment of funds.  The U.S. Chamber filed briefs supporting certiorari and again at the merits stage supporting this outcome.  

County of Maui v. Hawaii Wildlife Fund

U.S. Supreme Court
Decided
April 23, 2020

Supreme Court holds that Clean Water Act requires a permit for the “functional equivalent of a direct discharge” from a point source to a navigable water.  The U.S. Chamber filed an amicus brief at the merits stage, arguing that the Act’s permitting program applies to discharges directly into navigable waters, but not most indirect discharges (which are addressed by other environmental statutes and programs). 

Atlantic Richfield Co. v. Christian

U.S. Supreme Court
Decided
April 20, 2020

Supreme Court holds that a Superfund landowner is a “potentially responsible party” who must seek EPA approval before engaging in cleanup activities, including through state tort remedies.  This effectively may prevent tort claims that conflict with Superfund remedies.  The U.S. Chamber filed an amicus brief urging the Court to recognize that the Superfund law prohibits tort claims that seek to impose remedies that conflict with EPA approved cleanup plans. 

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