Federal Amicus

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U.S. ex rel. Schutte v. Supervalu, Inc.

U.S. Supreme Court
Pending
March 28, 2023

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that if a defendant’s conduct was consistent with an objectively reasonable interpretation of an ambiguous provision, the defendant cannot be liable for treble damages and penalties under the False Claims Act unless authoritative guidance warned the defendant away from that interpretation.

Save Jobs USA v. DHS

U.S. District Court for the District of Columbia
Decided
March 28, 2023

District Court upholds DHS’s H-4 Rule, a work authorization program for spouses of highly skilled laborers with H1-B visas.

Save Jobs USA v. DHS

U.S. District Court for the District of Columbia
Decided
March 28, 2023

District Court upholds DHS’s H-4 Rule, a work authorization program for spouses of highly skilled laborers with H1-B visas.

U.S. ex rel. Piacentile v. U.S. Oncology

U.S. Court of Appeals for the Second Circuit
Decided
March 28, 2023

Second Circuit affirms dismissal of False Claims Act (FCA) suit, holding (1) that FCA’s pre-2010 public disclosure bar applied to suit that was based, at least in part, on prior disclosure of alleged scheme, even though a relevant defendant was not named in the disclosure; and (2) that the original-source exception to the public disclosure bar did not apply.  The U.S. Chamber filed an amicus brief supporting this outcome.

U.S. ex rel. Piacentile v. U.S. Oncology

U.S. Court of Appeals for the Second Circuit
Decided
March 28, 2023

Second Circuit affirms dismissal of False Claims Act (FCA) suit, holding (1) that FCA’s pre-2010 public disclosure bar applied to suit that was based, at least in part, on prior disclosure of alleged scheme, even though a relevant defendant was not named in the disclosure; and (2) that the original-source exception to the public disclosure bar did not apply.  The U.S. Chamber filed an amicus brief supporting this outcome.

Federal Trade Commission v. Walmart Inc.

U.S. District Court for the Northern District of Illinois
Decided
March 28, 2023

U.S. District Court dismisses FTC claim against Walmart, ruling that Walmart’s processing of money transfers is not “substantial assistance” of violations of the Telemarketing Sales Rule where Walmart lacks knowledge that particular transfers are aiding fraudulent behavior.  The court declined to dismiss a claim under Section 5 of the FTC Act.  The U.S. Chamber filed a coalition amicus brief urging dismissal of both claims.

Federal Trade Commission v. Walmart Inc.

U.S. District Court for the Northern District of Illinois
Decided
March 28, 2023

U.S. District Court dismisses FTC claim against Walmart, ruling that Walmart’s processing of money transfers is not “substantial assistance” of violations of the Telemarketing Sales Rule where Walmart lacks knowledge that particular transfers are aiding fraudulent behavior.  The court declined to dismiss a claim under Section 5 of the FTC Act.  The U.S. Chamber filed a coalition amicus brief urging dismissal of both claims.

Jones v. DISH Network Corp.

U.S. District Court for the District of Colorado
Decided
March 27, 2023

District court dismisses plaintiffs’ claims for breach of fiduciary duty under ERISA, holding the plaintiffs had not alleged sufficient facts to show that the recordkeeping fees were unreasonable or that offering the active fund option was imprudent.  The U.S. Chamber submitted an amicus brief supporting dismissal.

Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (rehearing)

U.S. Court of Appeals for the Fifth Circuit
Pending
March 27, 2023

U.S. Chamber files coalition amicus brief urging Fifth Circuit, sitting en banc, (1) to enforce Article III standing requirements in assessing citizen-suit plaintiffs’ standing to assert claims for alleged violations of the Clean Air Act (CAA); and (2) to enforce the CAA’s limits on the factors that courts may consider in assessing penalties for CAA violations.

Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (rehearing)

U.S. Court of Appeals for the Fifth Circuit
Pending
March 27, 2023

U.S. Chamber files coalition amicus brief urging Fifth Circuit, sitting en banc, (1) to enforce Article III standing requirements in assessing citizen-suit plaintiffs’ standing to assert claims for alleged violations of the Clean Air Act (CAA); and (2) to enforce the CAA’s limits on the factors that courts may consider in assessing penalties for CAA violations.

Sysco Corp. v. Glaz LLC

U.S. District Court for the Northern District of Illinois
Pending
March 27, 2023

U.S. Chamber files amicus brief urging Northern District of Illinois to reject third-party litigation funder’s effort to prevent parties from settling their litigation.

Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (rehearing)

U.S. Court of Appeals for the Fifth Circuit
Pending
March 27, 2023

U.S. Chamber files coalition amicus brief urging Fifth Circuit, sitting en banc, (1) to enforce Article III standing requirements in assessing citizen-suit plaintiffs’ standing to assert claims for alleged violations of the Clean Air Act (CAA); and (2) to enforce the CAA’s limits on the factors that courts may consider in assessing penalties for CAA violations.

Acheson Hotels, LLC v. Laufer

U.S. Supreme Court
Pending
March 27, 2023

U.S. Supreme Court grants cert to decide whether uninjured “tester” plaintiffs have Article III standing to sue under the Americans with Disabilities Act.  The U.S. Chamber filed a coalition amicus brief urging the Court to grant cert.

Acheson Hotels, LLC v. Laufer

U.S. Supreme Court
Pending
March 27, 2023

U.S. Supreme Court grants cert to decide whether uninjured “tester” plaintiffs have Article III standing to sue under the Americans with Disabilities Act.  The U.S. Chamber filed a coalition amicus brief urging the Court to grant cert.

Moore v. United States

U.S. Supreme Court
Pending
March 27, 2023

U.S. Chamber files amicus brief urging Supreme Court to grant review and hold that realization is a threshold requirement for the definition of income under the Sixteenth Amendment.

Jones v. DISH Network Corp.

U.S. District Court for the District of Colorado
Decided
March 27, 2023

District court dismisses plaintiffs’ claims for breach of fiduciary duty under ERISA, holding the plaintiffs had not alleged sufficient facts to show that the recordkeeping fees were unreasonable or that offering the active fund option was imprudent.  The U.S. Chamber submitted an amicus brief supporting dismissal.

Mabe v. Wal-Mart Associates, Inc.

U.S. District Court for the Northern District of New York
Decided
March 23, 2023

District court declines to certify appeal of order allowing private right of action for violations of New York labor law providing for weekly payment of manual workers.  The U.S. Chamber filed a coalition amicus brief supporting certification. 

Mabe v. Wal-Mart Associates, Inc.

U.S. District Court for the Northern District of New York
Decided
March 23, 2023

District court declines to certify appeal of order allowing private right of action for violations of New York labor law providing for weekly payment of manual workers.  The U.S. Chamber filed a coalition amicus brief supporting certification. 

Divane v. Northwestern University

U.S. Court of Appeals for the Seventh Circuit
Decided
March 23, 2023

On remand from Supreme Court, Seventh Circuit reverses dismissal of plaintiffs’ recordkeeping-fees and share-class claims under ERISA, but affirms dismissal of all other claims. The Chamber filed an amicus brief urging the Seventh Circuit to affirm dismissal of all claims.

Divane v. Northwestern University

U.S. Court of Appeals for the Seventh Circuit
Decided
March 23, 2023

On remand from Supreme Court, Seventh Circuit reverses dismissal of plaintiffs’ recordkeeping-fees and share-class claims under ERISA, but affirms dismissal of all other claims. The Chamber filed an amicus brief urging the Seventh Circuit to affirm dismissal of all claims.

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