Federal Amicus

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Missouri v. Yellen

U.S. District Court for the Eastern District of Missouri
Decided
May 12, 2021

District court dismisses State of Missouri’s suit against the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens, ruling that the State lacked standing and that the case was not ripe.  The U.S. Chamber had filed a coalition amicus brief supporting the State of Missouri’s motion for a preliminary injunction against that tax mandate.

Ohio v. Yellen

U.S. District Court for the Southern District of Ohio
Pending
May 12, 2021

District court denies State of Ohio’s motion for a preliminary injunction regarding the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens, but finds that the court has jurisdiction over the action, and that Ohio has a substantial likelihood of showing that the ambiguous provision violates the Spending Clause.  The case remains ongoing.  The U.S. Chamber had filed a coalition amicus brief supporting the State of Ohio’s motion for a preliminary injunction.

Ohio v. Yellen

U.S. District Court for the Southern District of Ohio
Pending
May 12, 2021

District court denies State of Ohio’s motion for a preliminary injunction regarding the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens, but finds that the court has jurisdiction over the action, and that Ohio has a substantial likelihood of showing that the ambiguous provision violates the Spending Clause.  The case remains ongoing.  The U.S. Chamber had filed a coalition amicus brief supporting the State of Ohio’s motion for a preliminary injunction.

Missouri v. Yellen

U.S. District Court for the Eastern District of Missouri
Decided
May 12, 2021

District court dismisses State of Missouri’s suit against the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens, ruling that the State lacked standing and that the case was not ripe.  The U.S. Chamber had filed a coalition amicus brief supporting the State of Missouri’s motion for a preliminary injunction against that tax mandate.

Michigan v. Enbridge Energy

U.S. District Court for the Western District of Michigan
Pending
May 11, 2021

U.S. Chamber files coalition amicus brief supporting federal jurisdiction and highlighting the economic consequences of shutting down an interstate, cross-border petroleum pipeline.

ERISA Industry Committee v. City of Seattle

U.S. Court of Appeals for the Ninth Circuit
Pending
May 10, 2021

U.S. Chamber files coalition amicus brief supporting the ERISA Industry Committee’s petition for rehearing en banc in a challenge to a Seattle ordinance as preempted under ERISA, and seeking to overturn a panel decision that could result in a disparate patchwork of laws at the state and local level that create immense practical compliance challenges and undermine the provision of employee benefits within the Ninth Circuit.

Pivotal Software, Inc. v. Superior Court of County of San Francisco

U.S. Supreme Court
Pending
May 7, 2021

U.S. Chamber files coalition amicus brief urging the Supreme Court to make clear that the Private Securities Litigation Reform Act’s discovery stay applies in state courts.

Recht v. Justice

U.S. District Court for the Northern District of West Virginia
Decided
May 7, 2021

District court grants summary judgment against the State of West Virginia, permanently enjoining restrictions on lawyer advertisements concerning medical drugs and devices.  The U.S. Chamber filed an amicus brief in support of the law at the preliminary-injunction stage.

Recht v. Justice

U.S. District Court for the Northern District of West Virginia
Decided
May 7, 2021

District court grants summary judgment against the State of West Virginia, permanently enjoining restrictions on lawyer advertisements concerning medical drugs and devices.  The U.S. Chamber filed an amicus brief in support of the law at the preliminary-injunction stage.

Recht v. Justice

U.S. District Court for the Northern District of West Virginia
Decided
May 7, 2021

District court grants summary judgment against the State of West Virginia, permanently enjoining restrictions on lawyer advertisements concerning medical drugs and devices.  The U.S. Chamber filed an amicus brief in support of the law at the preliminary-injunction stage.

Bernstein v. Virgin America, Inc. (rehearing)

U.S. Court of Appeals for the Ninth Circuit
Pending
May 3, 2021

U.S. Chamber files coalition amicus brief urging Ninth Circuit to review en banc the applicability of California labor laws to flight attendants and to hold such state laws preempted.  The U.S. Chamber previously filed an amicus brief at the panel stage.

Edakunni v. Mayorkas

U.S. District Court for the Western District of Washington
Pending
April 30, 2021

U.S. Chamber files coalition amicus brief supporting preliminary injunction against the government’s failure to timely process work authorizations for some highly educated noncitizens.

CVS Pharmacy, Inc. v. Doe

U.S. Supreme Court
Pending
April 30, 2021

U.S. Chamber files amicus brief urging Supreme Court to review and reject disparate-impact Rehabilitation Act challenges to facially neutral health-insurance plans.  

West Virginia v. Yellen

U.S. District Court for the Northern District of Alabama
Pending
April 30, 2021

U.S. Chamber files coalition amicus brief supporting motion for a preliminary injunction by a group of 13 States led by West Virginia and Alabama against the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber has filed similar briefs supporting similar challenges by other States.

BofI Holding, Inc. v. Houston Municipal Employees Pension System

U.S. Supreme Court
Pending
April 29, 2021

U.S. Chamber files coalition amicus brief urging the Supreme Court to grant certiorari and hold that uncorroborated allegations cannot reveal the truth to the market for purposes of establishing loss causation in a securities class action.

SEIU Local 87 v. NLRB

U.S. Court of Appeals for the Ninth Circuit
Decided
April 28, 2021

Ninth Circuit reverses NLRB, holding that substantial evidence did not support the Board’s conclusion that the relevant activity was secondary picketing and thus barred by the NLRA.  The U.S. Chamber had supported the NLRB on another issue the Ninth Circuit did not reach.

California Trucking Association v. Bonta

U.S. Court of Appeals for the Ninth Circuit
Decided
April 28, 2021

Ninth Circuit rejects Federal Aviation Administration Authorization Act preemption and reverses preliminary injunction barring California from enforcing A.B. 5 against motor carriers.  The U.S. Chamber filed an amicus brief opposing this result.

California Trucking Association v. Bonta

U.S. Court of Appeals for the Ninth Circuit
Decided
April 28, 2021

Ninth Circuit rejects Federal Aviation Administration Authorization Act preemption and reverses preliminary injunction barring California from enforcing A.B. 5 against motor carriers.  The U.S. Chamber filed an amicus brief opposing this result.

SEIU Local 87 v. NLRB

U.S. Court of Appeals for the Ninth Circuit
Decided
April 28, 2021

Ninth Circuit reverses NLRB, holding that substantial evidence did not support the Board’s conclusion that the relevant activity was secondary picketing and thus barred by the NLRA.  The U.S. Chamber had supported the NLRB on another issue the Ninth Circuit did not reach.

Kihn v. Bill Graham Archives LLC

U.S. Court of Appeals for the Ninth Circuit
Pending
April 26, 2021

U.S. Chamber files amicus brief urging Ninth Circuit to reverse certification of copyright class action. 

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