Federal Amicus

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In re Grand Jury

U.S. Supreme Court
Pending
November 23, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that attorney-client privilege protects communications with mixed legal and non-legal purposes.  The Chamber previously filed an amicus brief in this case successfully supporting cert.

In re Grand Jury

U.S. Supreme Court
Pending
November 23, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that attorney-client privilege protects communications with mixed legal and non-legal purposes.  The Chamber previously filed an amicus brief in this case successfully supporting cert.

In re Grand Jury

U.S. Supreme Court
Pending
November 23, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that attorney-client privilege protects communications with mixed legal and non-legal purposes.  The Chamber previously filed an amicus brief in this case successfully supporting cert.

Flagstar Bank, FSB v. Kivett

U.S. Supreme Court
Pending
November 23, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to resolve circuit split regarding whether the National Bank Act preempts State laws mandating interest payments on mortgage escrow accounts.

ERISA Industry Committee v. City of Seattle

U.S. Supreme Court
Decided
November 21, 2022

U.S. Supreme Court denies certiorari to consider whether ERISA preempts state and local laws that require employers to make minimum monthly healthcare expenditures for their covered employees.  The U.S. Chamber filed a coalition amicus brief supporting certiorari.

Glenhaven Healthcare LLC v. Saldana

U.S. Supreme Court
Decided
November 21, 2022

U.S. Supreme Court denies certiorari to consider whether the PREP Act provides complete preemption for certain claims against businesses on the front lines of fighting COVID-19.  The U.S. Chamber filed a coalition amicus brief supporting certiorari.

Glenhaven Healthcare LLC v. Saldana

U.S. Supreme Court
Decided
November 21, 2022

U.S. Supreme Court denies certiorari to consider whether the PREP Act provides complete preemption for certain claims against businesses on the front lines of fighting COVID-19.  The U.S. Chamber filed a coalition amicus brief supporting certiorari.

Motz v. Citigroup Inc.

U.S. District Court for the District of Connecticut
Pending
November 21, 2022

U.S. Chamber submits amicus brief urging district court to apply careful, context-sensitive scrutiny to allegations in—and to dismiss—ERISA complaint.

California Trucking Association v. South Coast Air Quality Management District

U.S. District Court for the Central District of California
Pending
November 21, 2022

U.S. Chamber files coalition amicus brief urging federal district court to hold that the federal Clean Air Act and Airline Deregulation Act each preempt a California air quality district’s regulations that effectively require warehouses within the district to purchase, or cause to be purchased, zero-emission or near-zero-emission vehicles to be used as the trucks transporting the freight stored at those warehouses.

Earl v. The Boeing Co.

U.S. Court of Appeals for the Fifth Circuit
Decided
November 21, 2022

Fifth Circuit reverses class certification and remands with instructions to dismiss for lack of Article III standing.  The U.S. Chamber filed two amicus briefs supporting this outcome.

Earl v. The Boeing Co.

U.S. Court of Appeals for the Fifth Circuit
Decided
November 21, 2022

Fifth Circuit reverses class certification and remands with instructions to dismiss for lack of Article III standing.  The U.S. Chamber filed two amicus briefs supporting this outcome.

Earl v. The Boeing Co.

U.S. Court of Appeals for the Fifth Circuit
Decided
November 21, 2022

Fifth Circuit reverses class certification and remands with instructions to dismiss for lack of Article III standing.  The U.S. Chamber filed two amicus briefs supporting this outcome.

Earl v. The Boeing Co.

U.S. Court of Appeals for the Fifth Circuit
Decided
November 21, 2022

Fifth Circuit reverses class certification and remands with instructions to dismiss for lack of Article III standing.  The U.S. Chamber filed two amicus briefs supporting this outcome.

ERISA Industry Committee v. City of Seattle

U.S. Supreme Court
Decided
November 21, 2022

U.S. Supreme Court denies certiorari to consider whether ERISA preempts state and local laws that require employers to make minimum monthly healthcare expenditures for their covered employees.  The U.S. Chamber filed a coalition amicus brief supporting certiorari.

Garcia v. Welltower OpCo Group LLC

U.S. Court of Appeals for the Ninth Circuit
Decided
November 18, 2022

Ninth Circuit vacates and remands for reconsideration of jurisdiction in light of its decision that the PREP Act is not a complete preemption statute.  The U.S. Chamber filed a coalition amicus brief supporting complete preemption.

Garcia v. Welltower OpCo Group LLC

U.S. Court of Appeals for the Ninth Circuit
Decided
November 18, 2022

Ninth Circuit vacates and remands for reconsideration of jurisdiction in light of its decision that the PREP Act is not a complete preemption statute.  The U.S. Chamber filed a coalition amicus brief supporting complete preemption.

Ohio v. Yellen

U.S. Court of Appeals for the Sixth Circuit
Decided
November 18, 2022

Sixth Circuit dismisses as moot Ohio’s challenge under the Constitution’s Spending Clause to the federal statutory “Tax Mandate,” on the grounds that the Treasury Department’s implementing regulation narrowly interpreted the Tax Mandate’s scope and that Treasury asserted it will enforce that narrow interpretation, not the broader interpretation of the statutory text.  The Sixth Circuit vacated the district court’s permanent injunction.  The U.S. Chamber filed a coalition amicus brief opposing this result, and had earlier filed a coalition amicus brief in the district court.

Ohio v. Yellen

U.S. Court of Appeals for the Sixth Circuit
Decided
November 18, 2022

Sixth Circuit dismisses as moot Ohio’s challenge under the Constitution’s Spending Clause to the federal statutory “Tax Mandate,” on the grounds that the Treasury Department’s implementing regulation narrowly interpreted the Tax Mandate’s scope and that Treasury asserted it will enforce that narrow interpretation, not the broader interpretation of the statutory text.  The Sixth Circuit vacated the district court’s permanent injunction.  The U.S. Chamber filed a coalition amicus brief opposing this result, and had earlier filed a coalition amicus brief in the district court.

Kentucky v. Yellen

U.S. Court of Appeals for the Sixth Circuit
Decided
November 18, 2022

Sixth Circuit holds that the federal Tax Mandate is unconstitutionally vague.  The court also held that while Tennessee had established a justiciable controversy, Kentucky had not.  As a result, the Sixth Circuit upheld permanent injunctive relief with respect to Tennessee but not Kentucky.  The U.S. Chamber filed coalition amicus briefs on appeal and in the district court arguing that the Tax Mandate is unconstitutional and should be enjoined.

Kentucky v. Yellen

U.S. Court of Appeals for the Sixth Circuit
Decided
November 18, 2022

Sixth Circuit holds that the federal Tax Mandate is unconstitutionally vague.  The court also held that while Tennessee had established a justiciable controversy, Kentucky had not.  As a result, the Sixth Circuit upheld permanent injunctive relief with respect to Tennessee but not Kentucky.  The U.S. Chamber filed coalition amicus briefs on appeal and in the district court arguing that the Tax Mandate is unconstitutional and should be enjoined.

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