Federal Amicus

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

U.S. Supreme Court
Pending
July 2, 2020

Supreme Court grants certiorari in two consolidated cases concerning the extraterritorial reach of the Alien Tort Statute (ATS) and the liability of a domestic corporation under the ATS.  The U.S. Chamber filed a coalition amicus brief supporting this result.

Yovino v. Rizo

U.S. Supreme Court
Decided
July 2, 2020

Supreme Court declines cert. petition challenging divided en banc Ninth Circuit's decision that Equal Pay Act precludes employers from considering applicants' pay history.  The U.S. Chamber filed a coalition amicus brief supporting the cert. petition.

Upstate Forever v. Kinder Morgan Energy Partners, L.P.

U.S. Court of Appeals for the Fourth Circuit
Pending
July 1, 2020

U.S. Chamber and industry groups file amicus brief explaining the limited application of the new “functional equivalent” test for determining whether a discharge is covered by the Clean Water Act’s national pollution discharge elimination system permit program and urging the Fourth Circuit to remand case involving cleaned up pipeline leak to the district court for further factual development.  Previously when this case was before the Supreme Court, the U.S. Chamber filed a coalition amicus brief in support of certiorari.  The Chamber also filed an additional coalition amicus brief urging the Fourth Circuit to grant rehearing en banc.

U.S. Postal Service v. Postal Regulatory Commission

U.S. Court of Appeals for the District of Columbia Circuit
Decided
June 30, 2020

D.C. Circuit upholds Postal Regulatory Commission order that requires the Postal Service to disclose certain cost and loss information regarding delivery of foreign letters and packages.  The U.S. Chamber filed an amicus brief supporting this result.  Artificially low delivery prices distort competition among carriers.  

Bryant v. Wal-Mart Stores, Inc.

U.S. District Court for the Southern District of Florida
Pending
June 30, 2020

U.S. Chamber files coalition brief urging District Court to hold that regulations implementing COBRA permit plan administrators to identify and list contact information for third-party COBRA administrators on COBRA election notices.

Center for Biological Diversity v. U.S. Fish and Wildlife Service

U.S. Court of Appeals for the Ninth Circuit
Pending
June 30, 2020

U.S. Chamber files coalition amicus brief urging Fourth Circuit to reverse ruling that the U.S. Forest Service’s approval of the Rosemont Mine’s plan of operations did not comply with the law.

Hudock v. LG Electronics U.S.A., Inc.

U.S. Court of Appeals for the Eighth Circuit
Pending
June 29, 2020

Eighth Circuit grants Rule 23(f) petition, agreeing to review certification of nationwide consumer class action ignoring individualized issues and longstanding choice-of-law principles.  The U.S. Chamber filed a coalition amicus brief supporting this result. 

Seila Law LLC v. Consumer Financial Protection Bureau

U.S. Supreme Court
Decided
June 29, 2020

Supreme Court holds that statutory limitations on the removal of the Director of the CFPB violate the separation of powers.  The U.S. Chamber filed amicus briefs at the cert. and merits stages that supported this outcome.

Ford Motor Co. v. United States

U.S. Supreme Court
Decided
June 29, 2020

Supreme Court denies cert. petition challenging a Federal Circuit decision departing from settled principles of tariff classification.  The U.S. Chamber filed an amicus brief supporting the cert. petition.  Previously, the Chamber also filed an amicus brief in the Federal Circuit supporting panel rehearing and rehearing en banc.

Recht v. Justice

U.S. District Court for the Northern District of West Virginia
Decided
June 26, 2020

District court grants preliminary injunction against West Virginia law regulating lawyer advertisements concerning medical drugs and devices.  The court held that plaintiffs are likely to succeed on the merits of their First Amendment challenge.  The U.S. Chamber filed an amicus brief defending the constitutionality of the law.

XY Planning Network, LLC v. SEC

U.S. Court of Appeals for the Second Circuit
Decided
June 26, 2020

Second Circuit rejects legal challenge to SEC’s Best Interest Regulation (Regulation BI).  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

American Hospital Association v. Azar

U.S. District Court for the District of Columbia
Decided
June 23, 2020

District Court upholds CMS rule requiring hospitals to disclose payer-specific negotiated rates for hundreds of items and services.  The U.S. Chamber filed an amicus brief in support of hospitals’ challenge to the rule.  

White v. United Airlines, Inc.

U.S. Court of Appeals for the Seventh Circuit
Pending
June 22, 2020

U.S. Chamber files coalition brief urging Seventh Circuit to hold that USERRA does not require employers who provide paid sick leave or paid jury duty leave to also provide paid military leave.

Altera Corporation v. Commissioner of Internal Revenue

U.S. Supreme Court
Decided
June 22, 2020

Supreme Court denies certiorari, declining to review whether the IRS violated the Administrative Procedure Act in interpreting tax regulation regarding cost-sharing arrangements. The U.S. Chamber filed an amicus brief supporting the cert. petition.  When this case was before the Ninth Circuit, the U.S. Chamber filed amicus briefs at the initial panel stage, 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.

Liu v. SEC

U.S. Supreme Court
Decided
June 22, 2020

U.S. Supreme Court upholds but limits SEC’s authority to seek disgorgement in civil proceedings.  The U.S. Chamber filed an amicus brief opposing the SEC.

Jander v. Retirement Plans Committee of IBM

U.S. Court of Appeals for the Second Circuit
Decided
June 22, 2020

On remand from Supreme Court, Second Circuit reinstates decision allowing ERISA stock-drop suit to proceed, explaining that it previously considered all arguments that had been properly raised.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.  Additionally, the Chamber filed coalition amicus briefs when this case was before the Supreme Court.

Department of Homeland Security v. Regents of the University of California

U.S. Supreme Court
Decided
June 18, 2020

Supreme Court holds that the Trump Administration violated requirements of the Administrative Procedure Act when it rescinded the Deferred Action for Childhood Arrivals (DACA) program.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

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

U.S. Court of Appeals for the District of Columbia Circuit
Decided
June 16, 2020

D.C. Circuit affirms district court’s vacatur of HHS rule that broadly required drug manufacturers to disclose the wholesale acquisition cost of drugs and biologics in television advertisements.  The court held that HHS lacked statutory authority to promulgate the rule.  The U.S. Chamber filed an amicus brief supporting this outcome.

Solenex LLC v. Bernhardt

U.S. Court of Appeals for the District of Columbia Circuit
Decided
June 16, 2020

D.C. Circuit reverses lower court decision that had vacated the government’s revocation of a long-standing oil lease for arbitrarily failing to consider reliance interests.  The U.S. Chamber filed an amicus brief supporting the lower court’s ruling.

Lotsoff v. Wells Fargo Bank, N.A.

U.S. Court of Appeals for the Ninth Circuit
Pending
June 15, 2020

U.S. Chamber files amicus brief urging Ninth Circuit to hold that California’s anti-arbitration McGill rule does not apply when a plaintiff is not actually seeking a public injunction.

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