Federal Amicus

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Bank of America Corp. v. City of Miami; Wells Fargo & Co. v. City of Miami

U.S. Supreme Court
Decided
March 2, 2020

Supreme Court grants cert. petition and vacates Eleventh Circuit decision permitting municipal lawsuits against banks to proceed under the Fair Housing Act.  The U.S. Chamber filed a brief supporting certiorari and filed additional briefs when this case was before the Eleventh Circuit and the first time it came before the Supreme Court. 

McMillan v. Amazon.com, Inc.

U.S. Court of Appeals for the Fifth Circuit
Decided
March 2, 2020

Fifth Circuit grants leave to appeal district court ruling that expanded strict liability under Texas law to platforms that facilitate sales by third parties.  The U.S. Chamber filed an amicus brief supporting this outcome.

Ramirez v. Trans Union, LLC

U.S. Court of Appeals for the Ninth Circuit
Decided
February 27, 2020

Intel Corp. Investment Policy Committee v. Sulyma

U.S. Supreme Court
Decided
February 26, 2020

Supreme Court issues unfavorable decision in ERISA case concerning ERISA’s three-year statute of limitations, holding unanimously that the three-year statute of limitations requires proof of actual, rather than constructive, knowledge by the plaintiff of the alleged breach of fiduciary duty.  After the Court granted cert., the U.S. Chamber filed an amicus brief in support of Intel at the merits stage.  

Prager University v. Google LLC

U.S. Court of Appeals for the Ninth Circuit
Decided
February 26, 2020

Ninth Circuit affirms dismissal of First Amendment claim against YouTube and its parent company, Google, holding that YouTube remains a private forum, not a public forum subject to the U.S. Constitution. The U.S. Chamber filed an amicus brief supporting this result.

Latiolais v. Huntington Ingalls, Inc.

U.S. Court of Appeals for the Fifth Circuit
Decided
February 24, 2020

En banc Fifth Circuit holds that state law claims may be removed to federal court where a defendant acted pursuant to a federal officer’s direction, the conduct from which the claims arise “is connected or associated with” an act pursuant to a federal officer’s directions, and the defendant raises a colorable federal defense.  In so holding, the en banc court rejected prior Fifth Circuit precedent that required a “causal nexus” between the alleged conduct and a federal officer’s direction.  The U.S. Chamber filed an amicus brief urging the court to adopt this approach.

Viamedia v. Comcast Corp.

U.S. Court of Appeals for the Seventh Circuit
Decided
February 24, 2020

Seventh Circuit holds that Viacom properly pleaded a Sherman Act Section 2 monopolization claim by alleging that Comcast used monopoly power in one service market to exclude competition and gain monopoly power in another service market.  The U.S. Chamber filed an amicus brief supporting dismissal of the claim.

Gadelhak v. AT&T Services, Inc.

U.S. Court of Appeals for the Seventh Circuit
Decided
February 19, 2020

Seventh Circuit adopts narrow interpretation of “automatic telephone dialing system” under the Telephone Consumer Protection Act.  The U.S. Chamber filed an amicus brief supporting this outcome.

Olson v. Becerra

U.S. District Court for the Central District of California
Decided
February 10, 2020

District Court upholds California’s new A.B. 5 worker classification law.  The U.S. Chamber filed an amicus brief urging the contrary result.

Franze v. Bimbo Bakeries USA, Inc.

U.S. Court of Appeals for the Second Circuit
Pending
February 10, 2020

U.S. Chamber files amicus brief urging Second Circuit to affirm district court’s holding that bakery product delivery drivers were properly classified as independent contractors under the FLSA and New York law.  

Chamber of Commerce v. Becerra

U.S. District Court for the Eastern District of California
Decided
February 7, 2020

District Court releases full preliminary-injunction opinion enjoining California from enforcing anti-arbitration legislation AB 51.

Chamber of Commerce of Greater Philadelphia v. City of Philadelphia

U.S. Court of Appeals for the Third Circuit
Decided
February 6, 2020

Reversing District Court, Third Circuit rejects First Amendment challenge to local Philadelphia law banning employers from asking about a prospective employee’s wage history in setting or negotiating that employee’s wage.  The U.S. Chamber filed an amicus brief opposing this result.

City of Pomona v. SQM North America Corp.

U.S. Court of Appeals for the Ninth Circuit
Decided
February 6, 2020

Divided panel of the Ninth Circuit overturns jury verdict, holding that, under California strict product liability law, courts can instruct jurors to consider risks that were not, and could not have been, known to the manufacturer at the time of manufacture.  The U.S. Chamber had urged the court to affirm instructions asking jurors to evaluate risks and alternatives based on science and technology available at the time a produced was manufactured and used. 

Rozo v. Principal Life Insurance Co.

U.S. Court of Appeals for the Eighth Circuit
Decided
February 3, 2020

Eighth Circuit reverses district court’s grant of summary judgment to life insurer in ERISA case, holding that district court erred in concluding that stable-value fund provider was not a fiduciary under ERISA as a matter of law.  The U.S. Chamber filed a coalition amicus brief urging the court to reach the opposite outcome and affirm the district court.   

Cellco Partnership v. NLRB

U.S. Court of Appeals for the Ninth Circuit
Decided
January 30, 2020

Ninth Circuit remands case to the NLRB for further consideration in light of the Board’s decision in Caesars Entertainment, which overruled Purple Communications and returned to the standard announced in Register Guard.

United States v. Ameren

U.S. Court of Appeals for the Eighth Circuit
Pending
January 30, 2020

U.S. Chamber, Missouri Chamber, and business groups file amicus brief urging Eighth Circuit to reject EPA’s repeatedly morphed interpretation of Missouri’s Clean Air Act Implementation Plan and apply the plan as written.  The brief further urges the court to reverse the lower court’s failure to adhere to the limits of its injunctive authority under the Act.  

Center for Biological Diversity v. Ashe; Defenders of Wildlife v. Ashe

U.S. District Court for the District of Columbia
Decided
January 28, 2020

U.S. District Court for the District of Columbia remands, without vacating, U.S. Fish & Wildlife Service decision to list the Northern Long-Eared Bat as “threatened” rather than endangered, ordering the agency to reevaluate aspects of the determination the court held were flawed.  The U.S. Chamber and a coalition of trade associations had intervened to defend the Service’s decision to list the species as “threatened.”

Bigger v. Facebook, Inc.

U.S. Court of Appeals for the Seventh Circuit
Decided
January 24, 2020

Seventh Circuit vacates district court order requiring notice to purported class action of employees who agreed to arbitrate disputes bilaterally.  The court remanded for further proceedings.  The U.S. Chamber filed an amicus brief in support of interlocutory review and again at the merits stage after the Court granted review.   

McArdle v. AT&T Mobility LLC (I - rehearing)

U.S. Court of Appeals for the Ninth Circuit
Decided
January 17, 2020

Ninth Circuit denies rehearing en banc in case concerning California’s McGill rule.  The U.S. Chamber filed two amicus briefs, first on the merits and then in support of the rehearing petition.

Tillage v. Comcast Corp.

U.S. Court of Appeals for the Ninth Circuit
Decided
January 17, 2020

Ninth Circuit denies rehearing en banc in case concerning California’s McGill rule.  The U.S. Chamber filed an amicus brief supporting the rehearing petition.

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