Federal Amicus

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Day & Zimmermann NPS, Inc. v. Waters

U.S. Supreme Court
Decided
June 6, 2022

Supreme Court declines to review whether every plaintiff in an FLSA collective action must establish personal jurisdiction over the defendant.  The U.S. Chamber filed amicus briefs supporting the cert. petition and when this case was before the First Circuit.

Southwest Airlines Co. v. Saxon

U.S. Supreme Court
Decided
June 6, 2022

Supreme Court holds that airline baggage handlers who load cargo on and off planes are not covered by the Federal Arbitration Act because they fall within the statute’s exemption for transportation workers “engaged in interstate commerce.” Although the Litigation Center filed an amicus brief opposing this result, the Court agreed in some respects with the Chamber’s narrow reading of the exemption.

Day & Zimmermann NPS, Inc. v. Waters

U.S. Supreme Court
Decided
June 6, 2022

Supreme Court declines to review whether every plaintiff in an FLSA collective action must establish personal jurisdiction over the defendant.  The U.S. Chamber filed amicus briefs supporting the cert. petition and when this case was before the First Circuit.

Southwest Airlines Co. v. Saxon

U.S. Supreme Court
Decided
June 6, 2022

Supreme Court holds that airline baggage handlers who load cargo on and off planes are not covered by the Federal Arbitration Act because they fall within the statute’s exemption for transportation workers “engaged in interstate commerce.” Although the Litigation Center filed an amicus brief opposing this result, the Court agreed in some respects with the Chamber’s narrow reading of the exemption.

Burnett v. National Association of Realtors

U.S. Court of Appeals for the Eighth Circuit
Decided
June 2, 2022

Eighth Circuit denies permission to appeal class certification where the district court failed to rigorously analyze predominance and to conduct a full Daubert inquiry for expert evidence.  The U.S. Chamber filed an amicus brief urging the Eighth Circuit to grant permission to appeal.

Burnett v. National Association of Realtors

U.S. Court of Appeals for the Eighth Circuit
Decided
June 2, 2022

Eighth Circuit denies permission to appeal class certification where the district court failed to rigorously analyze predominance and to conduct a full Daubert inquiry for expert evidence.  The U.S. Chamber filed an amicus brief urging the Eighth Circuit to grant permission to appeal.

In re Grand Jury

U.S. Supreme Court
Pending
June 1, 2022

U.S. Chamber files certiorari-stage amicus brief urging Supreme Court to hold that attorney-client privilege protects communications made for intertwined legal and business purposes, not merely those communications that can be identified as having been made for a “predominantly” legal purpose. 

BB&T Co. v. Sevier County Schools Federal Credit Union

U.S. Supreme Court
Decided
May 31, 2022

Supreme Court denies certiorari to consider whether the Federal Arbitration Act displaces a common-law rule forbidding companies from adding an arbitration requirement to standard form contracts with customers that do not already include dispute-resolution clauses.  The U.S. Chamber filed a coalition amicus brief urging the Court to grant certiorari. 

In re Oracle Corp. Securities Litigation

U.S. Court of Appeals for the Ninth Circuit
Pending
May 31, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to review and reverse certification of a securities class action where plaintiff failed to provide a viable model for calculating damages on a class-wide basis.

BB&T Co. v. Sevier County Schools Federal Credit Union

U.S. Supreme Court
Decided
May 31, 2022

Supreme Court denies certiorari to consider whether the Federal Arbitration Act displaces a common-law rule forbidding companies from adding an arbitration requirement to standard form contracts with customers that do not already include dispute-resolution clauses.  The U.S. Chamber filed a coalition amicus brief urging the Court to grant certiorari. 

Ruilova v. Yale-New Haven Hospital, Inc.

U.S. District Court for the District of Connecticut
Pending
May 27, 2022

U.S. Chamber submits coalition amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in ERISA amended complaint against hospital.  This is the second amicus brief the Chamber has filed in this case.

Ruilova v. Yale-New Haven Hospital, Inc.

U.S. District Court for the District of Connecticut
Pending
May 27, 2022

U.S. Chamber submits coalition amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in ERISA amended complaint against hospital.  This is the second amicus brief the Chamber has filed in this case.

Jones v. DISH Network Corp.

U.S. District Court for the District of Colorado
Pending
May 25, 2022

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

Jones v. DISH Network Corp.

U.S. District Court for the District of Colorado
Pending
May 25, 2022

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

Rodriguez v. Hy-Vee, Inc.

U.S. District Court for the Southern District of Iowa
Pending
May 25, 2022

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

Rodriguez v. Hy-Vee, Inc.

U.S. District Court for the Southern District of Iowa
Pending
May 25, 2022

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

Parker v. GKN North American Services, Inc.

U.S. District Court for the Eastern District of Michigan
Pending
May 23, 2022

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

Morgan v. Sundance, Inc.

U.S. Supreme Court
Decided
May 23, 2022

U.S. Supreme Court holds in narrow opinion that waiver of the right to arbitrate does not require a showing of prejudice, only knowing relinquishment. Although the Chamber filed an amicus brief opposing this outcome, the Supreme Court left open on remand whether it would be appropriate to apply a different procedural framework requiring a showing of prejudice (such as forfeiture).

Parker v. GKN North American Services, Inc.

U.S. District Court for the Eastern District of Michigan
Pending
May 23, 2022

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

Morgan v. Sundance, Inc.

U.S. Supreme Court
Decided
May 23, 2022

U.S. Supreme Court holds in narrow opinion that waiver of the right to arbitrate does not require a showing of prejudice, only knowing relinquishment. Although the Chamber filed an amicus brief opposing this outcome, the Supreme Court left open on remand whether it would be appropriate to apply a different procedural framework requiring a showing of prejudice (such as forfeiture).

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