Federal Amicus

Results are sorted by the date of most recent activity.

AMG Capital Management, LLC v. Federal Trade Commission

U.S. Supreme Court
Pending
November 22, 2019

U.S. Chamber files coalition amicus brief urging Supreme Court to grant cert. to decide whether the FTC’s authority to seek injunctive relief includes the authority to seek monetary awards.

Waithaka v. Amazon.com, Inc.

U.S. Court of Appeals for the First Circuit
Pending
November 22, 2019

U.S. Chamber files coalition amicus brief concerning transportation-worker exception in Section 1 of the Federal Arbitration Act, arguing that District Court erred in construing scope of “workers engaged … in interstate commerce” phrase to limit the availability of arbitration to resolve work-related disputes.

Facebook, Inc. v. Duguid

U.S. Supreme Court
Pending
November 20, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari in Telephone Consumer Protection Act suit against Facebook.  We argue that the Court should reject the Ninth Circuit’s expansive view of an “automatic telephone dialing system” and that the Ninth Circuit imposed an erroneous remedy for Facebook’s First Amendment claim.

Cordoba v. DirecTV, LLC

U.S. Court of Appeals for the Eleventh Circuit
Decided
November 19, 2019

Eleventh Circuit reverses class certification order for lack of Article III standing in TCPA case.  The U.S. Chamber filed amicus briefs at the Rule 23(f) petition stage and on the merits in support of this outcome.

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

U.S. Supreme Court
Pending
November 19, 2019

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that a participant in a defined benefit retirement plan does not suffer a cognizable injury for breach of fiduciary duty under Article III unless the alleged breach materially increases the risk that the participant will not receive his or her promised benefits.  Previously, the U.S. Chamber filed an amicus brief when this case was before the Eighth Circuit.

Merck & Co., Inc. v. U.S. Department of Health and Human Services

U.S. Court of Appeals for the District of Columbia Circuit
Pending
November 19, 2019

U.S. Chamber files amicus brief arguing that the Centers for Medicare and Medicaid Services lacks statutory authority to require pharmaceutical manufacturers to state the wholesale acquisition cost for drugs in TV ads.

Jock v. Sterling Jewelers, Inc.

U.S. Court of Appeals for the Second Circuit
Decided
November 18, 2019

Second Circuit upholds class arbitration, concluding that the parties agreed to have the arbitrator decide and determine class arbitration procedures.  The U.S. Chamber filed an amicus brief urging the contrary result.

Anderson v. Fluor Intercontinental, Inc.

U.S. District Court - Eastern District of Virginia
Pending
November 15, 2019

U.S. Chamber files brief urging District Court to hold that government contractor did not waive attorney-client privilege over entire internal investigation by complying with its regulatory obligation to disclose potential violation and fully cooperate with government investigators.

League of Conservation Voters v. Trump

U.S. Court of Appeals for the Ninth Circuit
Pending
November 14, 2019

U.S. Chamber files amicus brief highlighting the economic and societal benefits of offshore oil and gas development in litigation brought by environmental groups against executive order authorizing federal agencies to permit oil and gas development in the outer continental shelf.

Altera Corporation v. Commissioner of Internal Revenue

U.S. Court of Appeals for the Ninth Circuit
Decided
November 12, 2019

Ninth Circuit denies rehearing en banc in Altera.  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.

Hymes v. Bank of America, N.A.

U.S. District Court - Eastern District of New York
Pending
November 7, 2019

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

Sierra Club v. EPA; Downwinders at Risk v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Pending
November 8, 2019

U.S. Chamber files coalition amicus brief urging D.C. Circuit to reject NGO’s challenge to rules permitting the banking and trading of precursor chemicals to ozone formation, a long recognized tool to help realize air quality goals while fostering economic expansion.

Save Jobs USA v. DHS

U.S. Court of Appeals for the District of Columbia Circuit
Decided
November 8, 2019

D.C. Circuit reverses district court on Article III standing grounds and remands for further proceedings on the merits.  The U.S. Chamber filed an amicus brief in support of the merits of DHS’s H-4 employment authorization rule.

In re: Generics Antitrust MDL

U.S. Court of Appeals for the Third Circuit
Pending
November 8, 2019

U.S. Chamber files amicus brief urging Third Circuit to grant petition for writ of mandamus and halt abusive discovery order requiring defendants to produce tens of millions of irrelevant, sensitive files matching extremely broad search terms, without any opportunity for document review.

In re: National Prescription Opiate Litigation

U.S. Court of Appeals for the Sixth Circuit
Decided
November 8, 2019

Sixth Circuit panel grants Rule 23(f) petition to review district court’s certification of purported “negotiation class.”  The U.S. Chamber filed an amicus brief supporting this outcome, urging the Sixth Circuit to grant review and decertify an unprecedented negotiation class as unauthorized by Rule 23.

State of New York v. United Parcel Service, Inc.

U.S. Court of Appeals for the Second Circuit
Decided
November 7, 2019

Second Circuit significantly reduces civil monetary penalty award by $159 million (to $98 million) in case concerning shipment of alleged contraband cigarettes.  The U.S. Chamber filed an amicus brief urging the Second Court to invalidate the civil monetary penalties entirely. 

CTIA-The Wireless Association v. City of Berkeley, California

U.S. Supreme Court
Pending
November 1, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari to clarify the proper legal standard for compelled commercial speech.  The U.S. Chamber previously filed an amicus brief in support of certiorari.  The Supreme Court remanded to the Ninth Circuit in light of NIFLA v. Becerra, and the Ninth Circuit once again applied a relaxed legal standard to reject plaintiff’s First Amendment challenge.   

Magadia v. Wal-Mart Associates, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
October 28, 2019

U.S. Chamber files coalition amicus brief urging Ninth Circuit to dismiss no-injury class action based on misinterpretation of California’s wage-statement requirements.

Ford Motor Co. v. United States

U.S. Court of Appeals for the Federal Circuit
Decided
October 16, 2019

Federal Circuit denies request for panel rehearing and rehearing en banc in case concerning eo nomine tariff codes

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

U.S. Supreme Court
Pending
October 28, 2019

U.S. Chamber files amicus brief in support of two petitions for writ of certiorari concerning the extraterritorial reach of the Alien Tort Statute (ATS) and the liability of a domestic corporation under the ATS.  The U.S. Chamber previously filed an amicus brief in support of a petition for rehearing en banc in the Ninth Circuit.  The Ninth Circuit denied rehearing, but over the dissents of eight judges.

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