Federal Amicus

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American Beverage Association v. City and County of San Francisco

U.S. District Court for the Northern District of California
Pending
February 26, 2021

U.S. Chamber files coalition amicus brief in support of First Amendment challenge to San Francisco ordinance compelling businesses to provide health warnings on advertisements for sugar-sweetened beverages.  Previously, the U.S. Chamber filed an amicus brief when this case was before the Ninth Circuit.

State Farm Life Insurance Co. v. Vogt

U.S. Supreme Court
Pending
February 26, 2021

U.S. Chamber files amicus brief urging Supreme Court to grant cert and decertify insurance class action because of intraclass conflict of interest.  Previously, the U.S. Chamber filed an amicus brief when this case was before the Eighth Circuit.

Palmer v. Amazon.com, Inc.

U.S. Court of Appeals for the Second Circuit
Pending
February 23, 2021

U.S. Chamber files coalition amicus brief in Second Circuit, arguing that the district court properly applied the doctrine of primary jurisdiction to dismiss plaintiffs’ workplace-safety and public-nuisance claims.  The brief also argues that plaintiffs’ public-nuisance claim fails to satisfy the special-injury rule.

Care Alternatives v. US ex rel. Druding

U.S. Supreme Court
Decided
February 22, 2021

U.S Supreme Court. denies review of the question whether a statement must be objectively false to give rise to liability under the False Claims Act.  The U.S. Chamber filed a coalition amicus brief supporting review.

Hymes v. Bank of America, N.A.

U.S. District Court for the Eastern District of New York
Decided
February 19, 2021

Second Circuit accepts interlocutory appeal of decision holding that the National Bank Act does not preempt state laws that require banks to pay interest on funds held in mortgage escrow accounts. The U.S. Chamber had filed a coalition amicus brief encouraging the district court to certify its decision for interlocutory appeal.

Enterprise Leasing Co. of Orlando, LLC v. Benson

U.S. Court of Appeals for the Eleventh Circuit
Pending
February 19, 2021

U.S. Chamber urges Eleventh Circuit to permit an interlocutory appeal of a ruling limiting the WARN Act’s “natural disaster” exception.

Pearlstein v. Blackberry Ltd.

U.S. Court of Appeals for the Second Circuit
Pending
February 16, 2021

U.S. Chamber files amicus brief urging Second Circuit to grant interlocutory review and vacate class certification because district court found price impact without considering whether disclosures actually corrected earlier alleged misstatements.

TransUnion LLC v. Ramirez

U.S. Supreme Court
Pending
February 8, 2021

U.S. Chamber files coalition merits-stage amicus brief urging Supreme Court to reverse certification of a class action because the named plaintiff's alleged injury is atypical compared to the rest of the putative class members.  Previously, the U.S. Chamber filed an amicus brief supporting the cert. petition.

Canaday v. The Anthem Companies, Inc.

U.S. Court of Appeals for the Sixth Circuit
Pending
February 8, 2021

U.S. Chamber files coalition amicus brief urging Sixth Circuit to hold that every plaintiff in an FLSA collective action filed in federal court must establish personal jurisdiction over the defendant.

White v. United Airlines, Inc.

U.S. Court of Appeals for the Seventh Circuit
Decided
February 5, 2021

Seventh Circuit holds that USERRA requires employers to provide paid military leave if they provide other types of comparable paid leave.  The court explained that comparability is a question of fact.  The U.S. Chamber filed a coalition brief urging that the USERRA does not cover paid military leave.

Walmart, Inc. v. Department of Justice

U.S. District Court for the Eastern District of Texas
Decided
February 4, 2021

Trial court grants government’s motion to dismiss declaratory judgment action that sought order holding federal agencies may not base enforcement actions solely on activities and considerations identified in non-binding guidance. The court held it lacks jurisdiction due to sovereign immunity.  The U.S. Chamber had filed a coalition amicus brief in support of declaratory relief.

PennEast Pipeline Co., LLC, v. New Jersey

U.S. Supreme Court
Pending
February 3, 2021

Supreme Court grants cert. petition to review a Third Circuit opinion that disrupts 70 years of interstate pipeline law and practice.  The U.S. Chamber filed a coalition amicus brief supporting the cert. petition.  Previously, the U.S. Chamber filed a coalition brief on the merits when this case was before the Third Circuit.

Ayala v. U.S. Xpress Enterprises, Inc.

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

U.S. Chamber files amicus brief urging Ninth Circuit to reject arguments that would undermine the value of piece rate employment contracts for both employers and employees. 

Public Employees’ Retirement System of Mississippi v. Acuity Brands, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Pending
February 3, 2021

U.S. Chamber files amicus brief urging Eleventh Circuit to confirm that U.S. Supreme Court’s decision in Comcast Corp. v. Behrend (2013) fully applies to securities-fraud class actions.

Varner v. Dometic Corp.

U.S. Court of Appeals for the Eleventh Circuit
Decided
February 2, 2021

Eleventh Circuit affirms that ascertainability is an implicit requirement of Rule 23, but rejects firm administrative feasibility requirement and remands for further consideration.  Although the U.S. Chamber filed an amicus brief urging the court to affirm, the court’s analysis closely tracks the Chamber’s textual analysis about ascertainability.

Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System

U.S. Supreme Court
Pending
February 1, 2021

U.S. Chamber files coalition amicus brief urging the Supreme Court to reverse securities class certification decision that expands the “price maintenance” theory and misapplies Halliburton II.  This is the seventh amicus brief filed by the U.S. Chamber in this case, following briefs at the cert. stage and in the Second Circuit.

Rivas v. Coverall North America, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
February 1, 2021

U.S. Chamber files amicus brief urging Ninth Circuit to grant en banc rehearing and hold that the FAA preempts California’s Iskanian rule, which nullifies arbitration agreements that require individual arbitration of PAGA claims.

Spegele v. USAA Life Insurance Co.

U.S. Court of Appeals for the Fifth Circuit
Pending
February 1, 2021

U.S. Chamber files coalition amicus brief urging Fifth Circuit to decertify insurance class action because of unavoidable intraclass conflicts and variations in state law.

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

U.S. Court of Appeals for the District of Columbia Circuit
Decided
January 29, 2021

D.C. Circuit vacates the interprecurser trading program.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.

Waters v. Day & Zimmermann NPS, Inc.

U.S. Court of Appeals for the First Circuit
Pending
January 27, 2021

U.S. Chamber files amicus brief urging First Circuit to hold that every plaintiff in an FLSA collective action filed in federal court must establish personal jurisdiction over the defendant.

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