Federal Amicus

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Rogers v. Lyft, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
November 20, 2020

U.S. Chamber files amicus brief urging Ninth Circuit to hold that the Federal Arbitration Act’s exemption for transportation workers “engaged in interstate commerce” does not cover rideshare drivers who occasionally drop off passengers at airports or train stations.

Wal-Mart Stores, Inc. v. Texas Alcoholic Beverage Commission

U.S. Supreme Court
Decided
November 23, 2020

Supreme Court declines cert. petition challenging a Texas law discriminating against public corporations in violation of the Commerce Clause.  The U.S. Chamber filed an amicus brief supporting cert.

B.P. p.l.c. v. Mayor and City Council of Baltimore

U.S. Supreme Court
Pending
November 23, 2020

U.S. Chamber files amicus brief regarding the scope of review available where a lower court rejects removal of an action to federal court under the federal officer removal statute.  Previously, the U.S. Chamber filed an amicus brief in the Supreme Court supporting cert. and an amicus brief in the Fourth Circuit opposing remand and urging the court to review all grounds for removal.

In re: 3M Co.

U.S. Court of Appeals for the Third Circuit
Decided
November 19, 2020

Third Circuit grants mandamus, transferring securities class action to district where defendant is headquartered and made alleged misstatements.  The U.S. Chamber filed an amicus brief supporting this result.

Hawaii Sheet Metal Workers Annuity Fund v. Intercontinental Exchange, Inc.

U.S. Court of Appeals for the Second Circuit
Pending
November 18, 2020

U.S. Chamber files coalition amicus brief in Second Circuit, arguing that at the pleading stage, statistical analyses must be carefully scrutinized under the same plausibility test as all other factual allegations.  

IQVIA Inc. v. Mussat

U.S. Supreme Court
Pending
November 16, 2020

U.S. Chamber files coalition amicus brief urging Supreme Court to grant cert and hold that every unnamed member of a nationwide class action filed in federal court must establish specific personal jurisdiction over a defendant.  The Chamber filed an amicus brief previously when this case was before the Seventh Circuit.

Institutional Shareholder Services Inc. v. SEC

U.S. District Court for the District of Columbia
Pending
November 6, 2020

U.S. Chamber files coalition amicus brief in support of SEC’s proxy adviser rule. 

Pirani v. Slack Technologies, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
November 2, 2020

U.S. Chamber files coalition amicus brief urging Ninth Circuit to enforce “tracing” requirement for claims under Section 11 of the Securities Act of 1933.  

Purdue University v. Scalia

U.S. District Court for the District of Columbia
Pending
October 30, 2020

U.S. Chamber files coalition amicus brief in support of universities and other plaintiffs seeking a motion for preliminary injunction against Department of Labor’s prevailing wage rule for H-1B visas.  The U.S. Chamber is also a plaintiff leading a coalition of business groups and universities against regulations by both the Department of Homeland Security and the Department of Labor’s restricting H-1B visa rules.

Clean Air Council v. U.S. Steel Corp.

U.S. Court of Appeals for the Third Circuit
Pending
October 30, 2020

U.S. Chamber and business groups file amicus brief urging Third Circuit to affirm a lower court ruling that recognized Congress specifically designated the Clean Air Act reporting requirements, not the CERCLA reporting requirements, to apply to hazardous air releases that are “subject to” the Clean Air Act’s requirements.  

State of Rhode Island v. Shell Oil Products Co., LLC

U.S. Court of Appeals for the First Circuit
Decided
October 29, 2020

First Circuit affirms remand to state court in climate nuisance case, holding that the federal officer removal statute does not apply and that the district court lacked authority to review additional grounds for removal at this stage.  The U.S. Chamber filed a brief opposing this outcome.

Muransky v. Godiva Chocolatier, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Decided
October 28, 2020

En banc Eleventh Circuit dismisses no-injury FACTA class action, holding that printing more credit-card digits on a receipt than federal law allows is not a concrete harm establishing Article III standing unless the plaintiff can show a material risk of identity theft.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

Care Alternatives v. US ex rel. Druding

U.S. Supreme Court
Pending
October 23, 2020

U.S. Chamber files coalition amicus brief urging Supreme Court to review a Third Circuit decision that rejects an “objective falsity” standard under the False Claims Act.

City of Oakland v. Wells Fargo & Co.

U.S. Court of Appeals for the Ninth Circuit
Pending
October 19, 2020

U.S. Chamber files amicus brief urging Ninth Circuit to rehear Fair Housing Act case in which the panel decision deviated from Supreme Court precedent applying settled principles of proximate causation.

South Carolina Coastal Conservation League v. Wheeler

U.S. District Court for the District of South Carolina
Pending
October 19, 2020

U.S. Chamber and business intervenors file reply in support of EPA’s Navigable Waters Protection Rule.  The U.S. Chamber is part of a group of business associations urging the District of South Carolina to reject an environmental groups’ challenge to the rule.

Karl v. Zimmer Biomet Holdings, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
October 16, 2020

Ninth Circuit denies interlocutory review of worker-misclassification class action under California law.  The U.S. Chamber filed an amicus brief opposing this outcome.

Comcast Corp. v. Viamedia

U.S. Supreme Court
Pending
October 13, 2020

U.S. Chamber urges Supreme Court to grant review and confirm that refusal-to-deal claims should be dismissed on the pleadings where the complaint itself reveals that the defendant’s conduct has a rational, procompetitive purpose.  Previously, the U.S. Chamber filed two amicus briefs when this case was before the Seventh Circuit.

Harper v. Amazon.com Services, Inc.

U.S. Court of Appeals for the Third Circuit
Pending
October 13, 2020

U.S. Chamber files amicus brief urging Third Circuit to hold that the Federal Arbitration Act’s exemption for transportation workers “engaged in interstate commerce” only covers groups of workers whose work predominantly involves transportation of goods across state lines.

Cunningham v. Lyft, Inc.

U.S. Court of Appeals for the First Circuit
Pending
October 13, 2020

U.S. Chamber files amicus brief urging First Circuit to hold that the Federal Arbitration Act’s exemption for transportation workers “engaged in interstate commerce” does not cover rideshare drivers who occasionally drop off passengers at airports or train stations.

Postmates Inc. v. 10,356 Individuals

U.S. District Court for the Central District of California
Pending
October 13, 2020

U.S. Chamber files amicus brief urging district court to hold that Federal Arbitration Act preempts California SB 707, which unlawfully targets arbitration agreements for disfavored treatment by imposing one-sided sanctions on their drafters.

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