Federal Amicus

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Helix Energy Solutions Group, Inc. v. Hewitt

U.S. Supreme Court
Pending
July 15, 2022

U.S. Chamber files amicus brief urging Supreme Court to read the text and history of the Fair Labor Standards Act (FLSA) to exempt highly compensated employees from overtime pay requirements.  

SEC v. Rio Tinto PLC

U.S. Court of Appeals for the Second Circuit
Decided
July 15, 2022

Second Circuit rules for defendant in securities fraud case, rejecting SEC’s argument that misstatements and omissions alone can form the basis for scheme liability. The court explained that scheme liability requires something beyond misstatements and omissions, such as dissemination.  The court held that its decision in Lentell v. Merrill Lynch & Co., 396 F.3d 161 (2d Cir. 2005), was not abrogated by Lorenzo v. SEC, 139 S. Ct. 1094 (2019).  

SEC v. Rio Tinto PLC

U.S. Court of Appeals for the Second Circuit
Decided
July 15, 2022

Second Circuit rules for defendant in securities fraud case, rejecting SEC’s argument that misstatements and omissions alone can form the basis for scheme liability. The court explained that scheme liability requires something beyond misstatements and omissions, such as dissemination.  The court held that its decision in Lentell v. Merrill Lynch & Co., 396 F.3d 161 (2d Cir. 2005), was not abrogated by Lorenzo v. SEC, 139 S. Ct. 1094 (2019).  

In re Marriott International Customer Data Security Breach Litigation

U.S. Court of Appeals for the Fourth Circuit
Pending
July 14, 2022

Fourth Circuit grants petition for review of decision certifying a class whose members cannot be readily identified and an “issues” class to pursue elements of negligence when the negligence claim itself could not satisfy Rule 23(b)(3).  The U.S. Chamber filed a coalition amicus brief supporting such review.

In re Marriott International Customer Data Security Breach Litigation

U.S. Court of Appeals for the Fourth Circuit
Pending
July 14, 2022

Fourth Circuit grants petition for review of decision certifying a class whose members cannot be readily identified and an “issues” class to pursue elements of negligence when the negligence claim itself could not satisfy Rule 23(b)(3).  The U.S. Chamber filed a coalition amicus brief supporting such review.

Missouri v. Yellen

U.S. Court of Appeals for the Eighth Circuit
Decided
July 14, 2022

Eighth Circuit affirms dismissal of Missouri challenge to a provision of the Covid relief bill that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber filed an amicus brief opposing this result. 

Missouri v. Yellen

U.S. Court of Appeals for the Eighth Circuit
Decided
July 14, 2022

Eighth Circuit affirms dismissal of Missouri challenge to a provision of the Covid relief bill that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber filed an amicus brief opposing this result. 

Locasio v. Fluor Corp.

U.S. District Court for the Eastern District of Texas
Pending
July 13, 2022

U.S. Chamber files reply in support of its motion for leave to participate as amicus curiae in ERISA case.

Locasio v. Fluor Corp.

U.S. District Court for the Eastern District of Texas
Pending
July 13, 2022

U.S. Chamber files reply in support of its motion for leave to participate as amicus curiae in ERISA case.

Forman v. TriHealth Inc.

U.S. Court of Appeals for the Sixth Circuit
Decided
July 13, 2022

Sixth Circuit largely affirms dismissal of ERISA claims challenging TriHealth’s 401(k) plan choices. It relied on the recent decision in Smith v. CommonSpirit Health to reject plaintiffs’ claims that plan expenses were excessive, and that the plan should have included alternative investments with lower fees and higher performance. But the court reversed the dismissal of claims that TriHealth violated the duty of prudence by failing to offer share classes that were less expensive. The U.S. Chamber filed an amicus brief supporting dismissal of all claims. 

Forman v. TriHealth Inc.

U.S. Court of Appeals for the Sixth Circuit
Decided
July 13, 2022

Sixth Circuit largely affirms dismissal of ERISA claims challenging TriHealth’s 401(k) plan choices. It relied on the recent decision in Smith v. CommonSpirit Health to reject plaintiffs’ claims that plan expenses were excessive, and that the plan should have included alternative investments with lower fees and higher performance. But the court reversed the dismissal of claims that TriHealth violated the duty of prudence by failing to offer share classes that were less expensive. The U.S. Chamber filed an amicus brief supporting dismissal of all claims. 

Solar Energy Industries Association v. United States

U.S. Court of Appeals for the Federal Circuit
Pending
July 12, 2022

U.S. Chamber files coalition amicus brief urging Federal Circuit to reject trade restrictions on bifacial solar panels. 

Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County

U.S. Supreme Court
Pending
July 11, 2022

U.S. Chamber files amicus brief, in suit brought by local governments against energy companies for damages allegedly attributable to climate change, urging Supreme Court to grant review and decide (1) whether federal rather than state common law applies to the plaintiffs’ claims, and (2) whether a plaintiff may evade federal jurisdiction by pleading federal common law claims as state-law claims.  The U.S. Chamber previously filed an amicus brief in this case before the Tenth Circuit. 

Esso Exploration & Production Nigeria Ltd. v. Nigerian National Petroleum Corp. 

U.S. Court of Appeals for the Second Circuit
Decided
July 8, 2022

Second Circuit orders partial enforcement of arbitral award against foreign state-owned entity, clarifying that courts must consider all relevant fairness factors when deciding whether to afford comity to a foreign court’s judgment refusing to enforce such an award. The U.S. Chamber filed an amicus brief urging the Second Circuit to fully enforce the arbitral award.

Esso Exploration & Production Nigeria Ltd. v. Nigerian National Petroleum Corp. 

U.S. Court of Appeals for the Second Circuit
Decided
July 8, 2022

Second Circuit orders partial enforcement of arbitral award against foreign state-owned entity, clarifying that courts must consider all relevant fairness factors when deciding whether to afford comity to a foreign court’s judgment refusing to enforce such an award. The U.S. Chamber filed an amicus brief urging the Second Circuit to fully enforce the arbitral award.

City and County of Honolulu v. Sunoco LP; County of Maui v. Chevron USA, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
July 7, 2022

Ninth Circuit holds that none of the grounds for removal asserted on appeal by the defendants give rise to federal removal jurisdiction.  The U.S. Chamber filed an amicus brief opposing this outcome.  The court did not rule on the Chamber’s argument that the federal-officer removal statute does not require a causal nexus between acts taken under federal direction and the plaintiffs’ claims.

Bader Farms, Inc. v. Monsanto Co.

U.S. Court of Appeals for the Eighth Circuit
Decided
July 7, 2022

Eighth Circuit holds plaintiff had shown causation despite inability to identify specific company whose product caused the relevant damage.  The U.S. Chamber filed coalition amicus brief opposing this outcome.

Bader Farms, Inc. v. Monsanto Co.

U.S. Court of Appeals for the Eighth Circuit
Decided
July 7, 2022

Eighth Circuit holds plaintiff had shown causation despite inability to identify specific company whose product caused the relevant damage.  The U.S. Chamber filed coalition amicus brief opposing this outcome.

SEC v. Cochran

U.S. Supreme Court
Pending
July 7, 2022

U.S. Chamber files amicus brief urging Supreme Court to hold that Congress has not impliedly preempted ordinary federal-question review of constitutional challenges to the SEC’s structure.

U.S. ex rel. Druding v. Care Alternatives

U.S. Court of Appeals for the Third Circuit
Pending
July 7, 2022

U.S. Chamber files coalition amicus brief urging Third Circuit to hold, in False Claims Act case, that allegedly false claims were not material as a matter of law where the undisputed evidence showed that the government investigated plaintiffs’ allegations but continued to pay defendant’s claims and failed to take any steps to recoup payments. 

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