Federal Amicus

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Air Alliance Houston v. EPA (RMP 2019 Reconsideration Rule)

U.S. Court of Appeals for the District of Columbia Circuit
Pending
January 17, 2020

U.S. Chamber and other business groups move to intervene in support of the Trump administration’s 2019 amendments to the Risk Management Program Rule governing the prevention and detection of, and response to, accidental releases of hazardous substances from certain covered facilities.  The U.S. Chamber previously challenged the Obama administration’s 2017 Risk Management Program rule, which is still pending in the D.C. Circuit.   

In re E. I. du Pont de Nemours and Company C-8 Personal Injury Litigation

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

Sixth Circuit denies mandamus petition challenging an issue-preclusion order barring the MDL defendant from presenting individualized defenses based upon the outcomes in bellwether trials.  The Sixth Circuit stated that Du Pont “has made a vigorous and perhaps compelling argument that the district court erred as a matter of law,” but that was not enough to satisfy the clear and indisputable standard for mandamus relief.  The U.S. Chamber filed an amicus brief supporting the mandamus petition.

United States v. Microsoft Corporation

U.S. District Court for the Western District of Washington
Decided
January 17, 2020

District Court holds that Microsoft tax-advice documents are not privileged because they primarily served a business purpose.  The U.S. Chamber sought leave to file an amicus brief opposing this outcome, but the court denied leave.

Retirement Plans Committee of IBM v. Jander

U.S. Supreme Court
Decided
January 14, 2020

Supreme Court issues favorable decision in ERISA stock-drop case vacating Second Circuit’s decision and remanding for further proceedings.  The U.S. Chamber filed a coalition amicus brief in support of IBM’s cert. petition and again at the merits stage.

Portland Pipe Line Corp. v. City of South Portland

U.S. Court of Appeals for the First Circuit
Decided
January 10, 2020

First Circuit certifies state law issues to Maine Supreme Court.  The U.S. Chamber filed an amicus brief in support of constitutional challenges to municipal ordinance banning use of pipelines to transport fossil fuels from Canada to the United States.

Parish of Cameron v. BP America Production Co.

U.S. Court of Appeals for the Fifth Circuit
Pending
January 13, 2020

U.S. Chamber files amicus brief arguing that the Fifth Circuit should correct the district court’s improper application of the federal officer removal statute, which permits removal of a case from state court to federal court for those “acting under” an officer or agent of the United States.  

Putnam Investments, LLC v. Brotherston

U.S. Supreme Court
Decided
January 13, 2020

U.S. Supreme Court denies cert. petition regarding burden of proof on loss causation for breach of fiduciary duty claims under ERISA.  The U.S. Chamber filed a coalition brief supporting the cert. petition and an additional brief on the merits when this case was before the First Circuit.

North American Meat Institute v. Becerra

U.S. Court of Appeals for the Ninth Circuit
Pending
January 10, 2020

U.S. Chamber files coalition amicus brief urging Ninth Circuit to reject California’s unconstitutional discrimination against and purported regulation of out-of-state meat production.

In re Actavis Holdco U.S., Inc. (In re Generic Pharmaceuticals Pricing Antitrust Litigation)

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

Third Circuit denies en banc review of decision denying mandamus petition that challenged discovery order requiring defendants to produce tens of millions of irrelevant, sensitive files matching extremely broad search terms, without any opportunity for document review.  The U.S. Chamber filed an amicus brief supporting mandamus and another brief supporting rehearing en banc.

Moussouris v. Microsoft Corp.

U.S. Court of Appeals for the Ninth Circuit
Decided
December 24, 2019

Panel of Ninth Circuit affirms order denying class certification of disparate-impact and disparate-treatment claims against technology company over alleged discrimination against female employees.  The U.S. Chamber filed an amicus brief in support of this outcome after the Ninth Circuit granted Rule 23(f) review of the district court’s order.  

Ferreras v. American Airlines, Inc.

U.S. Court of Appeals for the Third Circuit
Decided
December 24, 2019

Third Circuit reverses class-certification order in wage-and-hour litigation.  The U.S. Chamber filed an amicus brief at the panel stage in support of this outcome.  The U.S. Chamber previously filed an amicus brief at the Rule 23(f) stage, urging the court to grant review.

Hunter v. EPA (WOTUS Rule - Tenth Circuit)

U.S. Court of Appeals for the Tenth Circuit
Resolved without decision
December 23, 2019

Appellants file joint motion for voluntary dismissal in litigation over the Obama administration’s 2015 Waters of the United States (WOTUS) rule.  After the Trump administration’s rule rescinding the 2015 rule took effect on December 23, thus eliminating the 2015 WOTUS rule, the U.S. Chamber and its co-plaintiffs moved to dismiss their appeal regarding an injunction against the 2015 rule.  The Tenth Circuit subsequently dismissed the appeal as moot. 

Laurent v. PricewaterhouseCoopers LLP

U.S. Court of Appeals for the Second Circuit
Decided
December 23, 2019

Second Circuit vacates and remands decision regarding equitable remedies under ERISA and scope of fiduciary duties.  The U.S. Chamber led a coalition brief urging the contrary result.

Chamber of Commerce, et al. v. EPA (WOTUS Rule - Oklahoma District Court)

U.S. District Court for the Northern District of Oklahoma
Decided
December 23, 2019

Appellants file joint motion for voluntary dismissal in litigation over the Obama administration’s 2015 Waters of the United States (WOTUS) rule.  After the Trump administration’s rule rescinding the 2015 rule took effect on December 23, thus eliminating the 2015 WOTUS rule, the U.S. Chamber and its co-plaintiffs moved to dismiss their appeal regarding an injunction against the 2015 rule.  The Tenth Circuit subsequently dismissed the appeal as moot. 

Anderson v. Fluor Intercontinental, Inc.

U.S. District Court for the Eastern District of Virginia
Decided
December 23, 2019

District Court denies motion for reconsideration on attorney-client privilege issue.  The U.S. Chamber filed a brief in support of reconsideration, arguing the District Court should hold that a government contractor does not waive attorney-client privilege with respect to an internal investigation by complying with its regulatory obligation to disclose a potential violation and cooperate with government investigators.

Public Citizen, Inc. v. Trump

U.S. District Court for the District of Columbia
Decided
December 20, 2019

District Court grants motion to dismiss challenges brought to President Trump’s “2 for 1” Executive Order to reduce overregulation.  The District Court dismissed the complaints for lack of Article III injury.  The U.S. Chamber previously filed an amicus briefing, leading a coalition of business groups defending the Executive Order on the merits.

Hardeman v. Monsanto Co.

U.S. Court of Appeals for the Ninth Circuit
Pending
December 20, 2019

U.S. Chamber and PhRMA file amicus brief arguing that the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory labeling scheme that preempts conflicting state law labeling regimes.  We further urge the court to clarify that the Ninth Circuit does not have a different, laxer, standard for admitting expert opinion testimony under the Federal Rules of Civil Procedure that would allow juries to hear testimony that would be blocked in other parts of the country. 

Russell v. Government Employees Insurance Company

U.S. Court of Appeals for the Ninth Circuit
Decided
December 16, 2019

Ninth Circuit blocks duplicative pay calculation in overtime class action.  The U.S. Chamber filed a brief supporting this outcome.

Rotkiske v. Klemm

U.S. Supreme Court
Decided
December 11, 2019

Supreme Court holds that the statute of limitations for Fair Debt Collection Practices Act (“FDCPA”) claims begins to run on the date the alleged FDCPA violation occurs, not the date on which the violation is discovered.  Significantly, the Court also rejected a general background discovery rule for federal statutes, explaining that if there are two plausible constructions of a statutory limitations period, the accrual rule governs.  The U.S. Chamber filed an amicus brief in support of both rulings. 

Snap Inc. v. Erickson

U.S. Court of Appeals for the Ninth Circuit
Pending
December 10, 2019

U.S. Chamber files amicus brief asking Ninth Circuit to grant Rule 23(f) petition to review district court order certifying a securities class action.

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