Federal Amicus

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National Football League v. Ninth Inning, Inc.

U.S. Supreme Court
Pending
April 8, 2020

U.S. Chamber files amicus brief urging the Supreme Court to grant certiorari in antitrust challenge to NFL telecasting joint venture, arguing that the Ninth Circuit’s abbreviated rule-of-reason analysis departed from settled principles of antitrust law.

Viamedia v. Comcast Corp.

U.S. Court of Appeals for the Seventh Circuit
Decided
April 7, 2020

Seventh Circuit denies en banc review of panel decision that adopted a permissive test for refusal-to-deal claims under Section 2 of the Sherman Act.  The U.S. Chamber filed an amicus brief supporting rehearing, and also filed a brief at the panel stage.

Sierra Club v. EPA (Ozone SIL Guidance)

U.S. Court of Appeals for the District of Columbia Circuit
Decided
April 7, 2020

D.C. Circuit holds that EPA memorandum on significant impact levels (SILs) for ozone is not final agency action subject to review under the Clean Air Act and dismisses environmental NGOs’ challenges to EPA’s memorandum.  The U.S. Chamber was part of a coalition of intervenors in support of EPA’s ozone SILs memorandum. 

Goodman v. J.P. Morgan Investment Management, Inc.

U.S. Court of Appeals for the Sixth Circuit
Decided
April 2, 2020

Sixth Circuit holds mutual-fund advisor did not breach its fiduciary duty under Section 36(b) of the Investment Company Act by charging excessive fees.  The U.S. Chamber filed an amicus brief supporting this outcome.

Rutledge v. Pharmaceutical Care Management Association

U.S. Supreme Court
Pending
April 1, 2020

U.S. Chamber files coalition amicus brief urging Supreme Court to reject unduly narrow, counter-textual approach to ERISA preemption.

Mitchell v. State Farm Fire and Casualty Co.

U.S. Court of Appeals for the Fifth Circuit
Decided
March 30, 2020

Fifth Circuit holds that district court did not abuse its discretion in certifying a class action of policyholders in actual cash value litigation.  The U.S. Chamber filed an amicus brief urging the Fifth Circuit to reverse the district court’s class certification order.

University of Pennsylvania v. Sweda

U.S. Supreme Court
Decided
March 30, 2020

Supreme Court denies cert. petition challenging Third Circuit decision that limits Twombly to antitrust claims and creates a lax pleading standard for ERISA cases.  The U.S. Chamber filed an amicus brief supporting the cert. petition and two amicus briefs when this case was before the Third Circuit, first on the merits and then in support of the rehearing petition.

Charter Communications, Inc. v. National Association of African-American Owned Media

U.S. Supreme Court
Decided
March 30, 2020

Supreme Court grants, vacates, and remands cert. petition in light of its holding in Comcast v. NAAAOM that a Section 1981 plaintiff must plead and prove but-for causation.  The U.S. Chamber filed an amicus brief supporting the petition.  It also filed briefs at the cert. and merits stages in Comcast, as well as briefs supporting en banc review by the Ninth Circuit in both cases.   

In re Fluor Intercontinental, Inc.

U.S. Court of Appeals for the Fourth Circuit
Decided
March 25, 2020

Fourth Circuit issues opinion explaining why District Court clearly erred by holding that the defendant had waived attorney-client privilege and work-product protections by disclosing facts from an internal investigation to the Department of Defense.  The U.S. Chamber led a coalition amicus brief in support of this result.  The Fourth Circuit denied leave to file the amicus brief, but Fluor’s reply brief extensively quoted and cited the U.S. Chamber’s amicus brief. 

Kamal v. J. Crew Group, Inc.

U.S. Court of Appeals for the Third Circuit
Pending
March 25, 2020

U.S. Chamber files coalition amicus brief urging Third Circuit to dismiss no-injury FACTA class action for lack of Article III standing because extra credit-card digits printed on receipt caused names plaintiffs no harm.

Divane v. Northwestern University

U.S. Court of Appeals for the Seventh Circuit
Decided
March 25, 2020

Seventh Circuit affirms dismissal of ERISA complaint, explaining that the allegations were insufficient to support a plausible claim for breach of fiduciary duty.  The U.S. Chamber filed a brief supporting this outcome, which the opinion cites and quotes.

Harris v. Union Pacific Railroad Co.

U.S. Court of Appeals for the Eighth Circuit
Decided
March 24, 2020

Tenth Circuit reverses District Court and decertifies ADA class action because individualized issues predominate over common ones.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

Allen v. Cooper

U.S. Supreme Court
Decided
March 23, 2020

U.S. Supreme Court holds that the doctrine of sovereign immunity bars states from being sued for copyright infringement.  The U.S. Chamber filed an amicus brief at the merits stage opposing this outcome.

Comcast v. National Association of African-American Owned Media

U.S. Supreme Court
Decided
March 23, 2020

U.S. Supreme Court holds that a race discrimination claim under 42 U.S.C. §1981 requires a plaintiff to show that race was the cause of the defendant’s challenged actions.  The U.S. Chamber urged the Court to take the case at the cert. stage and filed a brief at the merits stage supporting this result.

PennEast Pipeline Co., LLC, v. New Jersey

U.S. Supreme Court
Pending
March 23, 2020

U.S. and Pennsylvania Chambers urge Supreme Court to review a Third Circuit opinion that disrupts 70 years of interstate pipeline law and practice.  The Natural Gas Act authorizes FERC approved pipelines to exercise eminent domain across all land along the approved route, including lands in which a state claims an interest.  The Chambers support cert. so that the Court may address the Third Circuit’s contrary ruling.  Previously, the U.S. Chamber filed a coalition brief on the merits when this case was before the Third Circuit.

CFPB v. All American Check Cashing, Inc.

U.S. Court of Appeals for the Fifth Circuit
Pending
March 20, 2020

En banc Fifth Circuit sua sponte grants rehearing and vacates prior divided panel opinion upholding the constitutionality of the for-cause removal restrictions on the Director of the CFPB.  The U.S. Chamber filed a brief arguing these limitations are unconstitutional, which the divided panel of the Fifth Circuit previously upheld.  Now everyone will wait for the Supreme Court to decide the issue in the Seila Law case. 

U.S. ex. rel Health Choice Alliance, LLC v. Eli Lilly and Co., Inc.

U.S. Court of Appeals for the Fifth Circuit
Pending
March 12, 2020

U.S. Chamber files amicus brief urging Fifth Circuit to hold that government has unfettered discretion to dismiss a relator’s qui tam action under the False Claims Act. 

Mussat v. IQVIA

U.S. Court of Appeals for the Seventh Circuit
Decided
March 11, 2020

Seventh Circuit holds that each unnamed member of a nationwide class action filed in federal court need not establish specific personal jurisdiction over a defendant.  The U.S. Chamber filed an amicus brief opposing this outcome.

Molock v. Whole Foods Market Group, Inc.

U.S. Court of Appeals for the District of Columbia Circuit
Decided
March 10, 2020

Divided D.C. Circuit panel holds that Whole Foods’ motion to dismiss claims of putative nationwide class members was premature because a class had not yet been certified.  The U.S. Chamber filed an amicus brief urging the Court of Appeals to hold that the personal-jurisdiction principles the Supreme Court announced in Bristol-Myers Squibb also apply to nationwide class actions filed in federal court, but the panel majority did not address this issue.

Ford Motor Co. v. Bandemer

U.S. Supreme Court
Pending
March 6, 2020

U.S. Chamber files coalition merits-stage amicus brief urging Supreme Court to reaffirm that specific personal jurisdiction requires a substantial causal connection between the defendant’s forum contacts and the plaintiff’s asserted claim.  The U.S. Chamber previously filed a brief supporting cert.

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