Federal Amicus

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Sanofi-Aventis v. Mylan, Inc.

U.S. Court of Appeals for the Tenth Circuit
Pending
September 22, 2021

U.S. Chamber files amicus brief urging Tenth Circuit to affirm district court’s decision in antitrust case, which accorded with precedent and sound antitrust principles by considering claims of exclusive-dealing arrangements by a monopolist at the summary judgment stage through a fact-intensive economic analysis of their actual competitive effects.

Virgin America, Inc. v. Bernstein

U.S. Supreme Court
Pending
September 21, 2021

U.S. Chamber files amicus brief urging Supreme Court to review and to reverse entrenched Ninth Circuit preemption precedent under the ADA and the FAAAA.  The Chamber filed prior briefs in the Ninth Circuit.  

United States v. Davita Inc.

U.S. District Court for the District of Colorado
Pending
September 21, 2021

U.S. Chamber files amicus brief urging district court to dismiss indictment under the Sherman Act because courts have not held no-solicitation agreements to be per se illegal and businesses and executives are entitled to fair notice of what conduct is and is not prohibited by the federal antitrust laws.

Pirani v. Slack Technologies, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
September 20, 2021

Opinion issued.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.

Pirani v. Slack Technologies, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
September 20, 2021

Opinion issued.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.

Lawson v. GrubHub, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
September 20, 2021

Ninth Circuit concludes that California’s Proposition 22 does not apply retroactively to plaintiff’s wage and overtime claims and remands to the district court to apply the ABC test.  The U.S. Chamber filed an amicus brief opposing this result. 

Lawson v. GrubHub, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
September 20, 2021

Ninth Circuit concludes that California’s Proposition 22 does not apply retroactively to plaintiff’s wage and overtime claims and remands to the district court to apply the ABC test.  The U.S. Chamber filed an amicus brief opposing this result. 

Badgerow v. Walters

U.S. Supreme Court
Pending
September 17, 2021

U.S. Chamber files merits stage amicus brief urging the Supreme Court to hold that federal courts have jurisdiction over motions to confirm or vacate arbitration awards in matters involving federal issues.  

Rozo v. Principal Life Insurance Co.

U.S. Court of Appeals for the Eighth Circuit
Pending
September 16, 2021

U.S. Chamber files coalition amicus brief urging Eighth Circuit to hold that defendant did not violate ERISA by exercising its contractual right to periodically reset the crediting rate for its fixed income product, because Principal’s rate-setting process reasonably accounted for the risks and costs of the product and resulted in a desirable, competitive product for participants.  The U.S. Chamber previously filed a coalition brief in the Eighth Circuit at an earlier stage of this case.

Clear Channel Outdoor, LLC v. Raymond

U.S. Supreme Court
Pending
September 15, 2021

U.S. Chamber files amicus brief urging Supreme Court to grant cert and hold that a targeted tax aimed specifically and exclusively at a small group of speakers – here, four billboard companies – is subject to heightened scrutiny under the First Amendment.

CVS Pharmacy, Inc. v. Doe

U.S. Supreme Court
Pending
September 10, 2021

U.S. Chamber files amicus brief urging Supreme Court to hold that Section 504 of the Rehabilitation Act precludes disparate-impact claims.  The U.S. Chamber previously filed an amicus brief in support of certiorari.  

CVS Pharmacy, Inc. v. Doe

U.S. Supreme Court
Pending
September 10, 2021

U.S. Chamber files amicus brief urging Supreme Court to hold that Section 504 of the Rehabilitation Act precludes disparate-impact claims.  The U.S. Chamber previously filed an amicus brief in support of certiorari.  

CVS Pharmacy, Inc. v. Doe

U.S. Supreme Court
Pending
September 10, 2021

U.S. Chamber files amicus brief urging Supreme Court to hold that Section 504 of the Rehabilitation Act precludes disparate-impact claims.  The U.S. Chamber previously filed an amicus brief in support of certiorari.  

American Hospital Association v. Becerra

U.S. Supreme Court
Pending
September 10, 2021

U.S. Chamber files amicus brief urging Supreme Court to reinforce constraints on Chevron deference.  

California Trucking Association v. Bonta

U.S. Supreme Court
Pending
September 10, 2021

U.S. Chamber files amicus brief urging Supreme Court to review whether Federal Aviation Administration Authorization Act preempts California’s A.B. 5 as applied to motor carriers.  The U.S. Chamber filed multiple amicus briefs in the Ninth Circuit. 

Franchitti v. Cognizant Technology Solutions Corp.

U.S. District Court for the District of New Jersey
Pending
September 9, 2021

U.S. Chamber submits amicus brief in District of New Jersey, arguing that the district court erred in concluding that an employer can be liable under the False Claims Act for applying for the wrong type of employment visa.  

Lindenbaum v. Realgy, LLC

U.S. Court of Appeals for the Sixth Circuit
Decided
September 9, 2021

Sixth Circuit holds TCPA’s automated-call restriction retrospectively enforceable for the period in which the government-debt exception was on the books.  The U.S. Chamber filed an amicus brief opposing this result.   

Lindenbaum v. Realgy, LLC

U.S. Court of Appeals for the Sixth Circuit
Decided
September 9, 2021

Sixth Circuit holds TCPA’s automated-call restriction retrospectively enforceable for the period in which the government-debt exception was on the books.  The U.S. Chamber filed an amicus brief opposing this result.   

Servotronics Inc. v. Rolls Royce PLC

U.S. Supreme Court
Resolved without decision
September 8, 2021

Servotronics Inc. v. Rolls Royce PLC

U.S. Supreme Court
Resolved without decision
September 8, 2021

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