Federal Amicus

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

U.S. Supreme Court
Pending
March 30, 2020

U.S. Chamber files coalition amicus briefs in two cases urging Supreme Court to grant certiorari and hold that 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 previously filed several coalition amicus briefs when these cases were before the Ninth Circuit.

University of Pennsylvania v. Sweda

U.S. Supreme Court
Decided
March 30, 2020

Supreme Court declines cert. petition challenging Third Circuit decision that limits Twombly to antitrust claims and creates a lax pleading standard for ERISA cases.  The U.S. Chamber filed an amicus brief supporting the cert. petition and two amicus briefs when this case was before the Third Circuit, first on the merits and then in support of the rehearing petition.

Charter Communications, Inc. v. National Association of African-American Owned Media

U.S. Supreme Court
Decided
March 30, 2020

Supreme Court issues GVR in race discrimination case.  The U.S. Chamber filed amicus brief supporting the cert. petition and previously when this case was before the Ninth Circuit in support of this outcome.

Kamal v. J. Crew Group, Inc.

U.S. Court of Appeals for the Third Circuit
Pending
March 25, 2020

U.S. Chamber files coalition amicus brief urging Third Circuit to dismiss no-injury FACTA class action for lack of Article III standing because extra credit-card digits printed on receipt caused names plaintiffs no harm.

In re Fluor Intercontinental, Inc.

U.S. Court of Appeals for the Fourth Circuit
Decided
March 25, 2020

Fourth Circuit issues opinion explaining why District Court clearly erred by holding that the defendant had waived attorney-client privilege and work-product protections by disclosing facts from an internal investigation to the Department of Defense.  The U.S. Chamber led a coalition amicus brief in support of this result.  The Fourth Circuit denied leave to file the amicus brief, but the contractor’s reply brief extensively quoted and cited the U.S. Chamber’s amicus brief. 

Divane v. Northwestern University

U.S. Court of Appeals for the Seventh Circuit
Decided
March 25, 2020

Seventh Circuit affirms dismissal of ERISA complaint, explaining that the allegations were insufficient to support a plausible claim for breach of fiduciary duty.  The U.S. Chamber filed a brief supporting this outcome, which the opinion cites and quotes.

Harris v. Union Pacific Railroad Co.

U.S. Court of Appeals for the Eighth Circuit
Decided
March 24, 2020

Declining to address whether so-called Teamsters method of proof is permissible, Tenth Circuit reverses District Court and decertifies ADA class action because individualized issues predominate over common ones.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

Allen v. Cooper

U.S. Supreme Court
Decided
March 23, 2020

U.S. Supreme Court holds that the doctrine of sovereign immunity bars states from being sued for copyright infringement.  The U.S. Chamber filed an amicus brief at the merits stage opposing this outcome.

PennEast Pipeline Co., LLC, v. New Jersey

U.S. Supreme Court
Pending
March 23, 2020

U.S. and Pennsylvania Chambers urge Supreme Court to review a Third Circuit opinion that disrupts 70 years of interstate pipeline law and practice.  The Natural Gas Act authorizes FERC approved pipelines to exercise eminent domain across all land along the approved route, including lands in which a state claims an interest.  The Chambers support cert. so that the Court may address the Third Circuit’s contrary ruling.  Previously, the U.S. Chamber filed a coalition brief on the merits when this case was before the Third Circuit.

Comcast v. National Association of African-American Owned Media

U.S. Supreme Court
Decided
March 23, 2020

U.S. Supreme Court holds that a race discrimination claim under 42 U.S.C. §1981 requires a plaintiff to show that race was the cause of the defendant’s challenged actions.  The U.S. Chamber urged the Court to take the case at the cert. stage and filed a brief at the merits stage supporting this result.

CFPB v. All American Check Cashing, Inc.

U.S. Court of Appeals for the Fifth Circuit
Pending
March 20, 2020

En banc Fifth Circuit sua sponte grants rehearing and vacates prior divided panel opinion upholding the constitutionality of the for-cause removal restrictions on the Director of the CFPB.  The U.S. Chamber filed a brief arguing these limitations are unconstitutional, which the divided panel of the Fifth Circuit previously upheld.  Now everyone will wait for the Supreme Court to decide the issue in the Seila Law case. 

Ford Motor Co. v. United States

U.S. Supreme Court
Pending
March 19, 2020

U.S. Chamber urges Supreme Court to review Federal Circuit decision departing from settled principles of tariff classification.  Previously, the U.S. Chamber filed an amicus brief in the Federal Circuit supporting panel rehearing and rehearing en banc.

In re: RPM International, Inc.

U.S. Court of Appeals for the District of Columbia Circuit
Pending
March 19, 2020

U.S. Chamber files amicus brief urging D.C. Circuit to grant writ of mandamus and reverse District Court order holding that work-product doctrine and attorney-client privilege do not protect law firm’s interview memos from internal investigation.  

Clark v. Bank of America, N.A.

U.S. District Court - District of Maryland
Pending
March 17, 2020

U.S. Chamber files coalition amicus brief urging District Court to certify an interlocutory appeal to decide whether the National Bank Act preempts Maryland’s state escrow interest law.

Altera Corporation v. Commissioner of Internal Revenue

U.S. Supreme Court
Pending
March 13, 2020

U.S. Chamber urges U.S. Supreme Court to review whether the IRS violated the Administrative Procedure Act in interpreting regulation regarding cost-sharing arrangements.  When this case was before the Ninth Circuit, the U.S. Chamber filed amicus briefs at the initial panel stage, at 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.

U.S. ex. rel Health Choice Alliance, LLC v. Eli Lilly and Co., Inc.

U.S. Court of Appeals for the Fifth Circuit
Pending
March 12, 2020

U.S. Chamber files amicus brief urging Fifth Circuit to hold that government has unfettered discretion to dismiss a relator’s qui tam action under the False Claims Act. 

Mussat v. IQVIA

U.S. Court of Appeals for the Seventh Circuit
Decided
March 11, 2020

Seventh Circuit holds that each unnamed member of a nationwide class action filed in federal court need not establish specific personal jurisdiction over a defendant.  The U.S. Chamber filed an amicus brief opposing this outcome.

U.S. Postal Service v. Postal Regulatory Commission

U.S. Court of Appeals for the District of Columbia Circuit
Pending
March 11, 2020

U.S. Chamber files amicus brief urging D.C. Circuit to uphold Postal Regulatory Commission order that requires the U.S. Postal Service to disclose certain cost and loss information regarding delivery of foreign letters and packages for which artificially low prices distort competition among carriers. 

XY Planning Network, LLC v. SEC

U.S. Court of Appeals for the Second Circuit
Pending
March 10, 2020

U.S. Chamber files coalition amicus brief in support of SEC’s Best Interest Regulation (Regulation BI).  The U.S. Chamber’s brief supports the SEC’s arguments that it has statutory authority under the Dodd-Frank Act and the securities laws to promulgate Regulation BI and that the SEC did not act arbitrarily or capriciously in promulgating the regulation. 

Molock v. Whole Foods Market Group, Inc.

U.S. Court of Appeals for the District of Columbia Circuit
Decided
March 10, 2020

Divided D.C. Circuit panel holds that Whole Foods’ motion to dismiss claims of putative nationwide class members was premature because a class had not yet been certified.  The U.S. Chamber filed an amicus brief urging the Court of Appeals to hold that the personal-jurisdiction principles the Supreme Court announced in Bristol-Myers Squibb also apply to nationwide class actions filed in federal court, but the panel majority did not address this issue.

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