Federal Amicus

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Sanofi-Aventis v. Mylan, Inc.

U.S. Court of Appeals for the Tenth Circuit
Decided
July 29, 2022

Tenth Circuit holds that exclusive-dealing arrangements did not violate Section 2 of the Sherman Act.  Open Markets Institute and other amici questioned the consumer-welfare standard and argued that such arrangements are unlawful even without proof of anticompetitive effects.  The U.S. Chamber filed an amicus brief rebutting those arguments.

Fischer v. Federal Express Corp.

U.S. Court of Appeals for the Third Circuit
Decided
July 26, 2022

Third Circuit holds that every plaintiff in a FLSA collective action filed in federal court must establish personal jurisdiction over each defendant.  The U.S. Chamber filed an amicus brief supporting this outcome.

Fischer v. Federal Express Corp.

U.S. Court of Appeals for the Third Circuit
Decided
July 26, 2022

Third Circuit holds that every plaintiff in a FLSA collective action filed in federal court must establish personal jurisdiction over each defendant.  The U.S. Chamber filed an amicus brief supporting this outcome.

Pharmaceutical Research and Manufacturers of America v. Landsberg

U.S. Court of Appeals for the Ninth Circuit
Decided
July 25, 2022

Ninth Circuit affirms denial of plaintiff’s motion for summary judgment on its claim that SB 17 -- a California law that regulates changes to a drug’s Wholesale Acquisition Cost or list price -- violates the dormant Commerce Clause.  The U.S. Chamber filed an amicus brief supporting the plaintiff on that issue and on a free speech issue the court did not reach. 

Pharmaceutical Research and Manufacturers of America v. Landsberg

U.S. Court of Appeals for the Ninth Circuit
Decided
July 25, 2022

Ninth Circuit affirms denial of plaintiff’s motion for summary judgment on its claim that SB 17 -- a California law that regulates changes to a drug’s Wholesale Acquisition Cost or list price -- violates the dormant Commerce Clause.  The U.S. Chamber filed an amicus brief supporting the plaintiff on that issue and on a free speech issue the court did not reach. 

Public Employees’ Retirement System of Mississippi v. Acuity Brands, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Resolved without decision
July 25, 2022

Eleventh Circuit dismisses appeal following parties’ settlement. The U.S. Chamber filed an amicus brief urging the court to hold that Comcast Corp. v. Behrend fully applies to securities-fraud class actions.

Public Employees’ Retirement System of Mississippi v. Acuity Brands, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Resolved without decision
July 25, 2022

Eleventh Circuit dismisses appeal following parties’ settlement. The U.S. Chamber filed an amicus brief urging the court to hold that Comcast Corp. v. Behrend fully applies to securities-fraud class actions.

Prantil v. Arkema France S.A.

U.S. Court of Appeals for the Fifth Circuit
Decided
July 20, 2022

Fifth Circuit denies permission to appeal the certification of damages class that includes many individuals with no Article III standing.  The U.S. Chamber filed a coalition amicus brief opposing this result.

Prantil v. Arkema France S.A.

U.S. Court of Appeals for the Fifth Circuit
Decided
July 20, 2022

Fifth Circuit denies permission to appeal the certification of damages class that includes many individuals with no Article III standing.  The U.S. Chamber filed a coalition amicus brief opposing this result.

Domino's Pizza, LLC v. Carmona

U.S. Supreme Court
Pending
July 18, 2022

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari to resolve circuit split over application of the Federal Arbitration Act’s transportation worker exemption to local drivers delivering goods that once traveled in interstate commerce.

Williams v. Centene Corp.

U.S. District Court for the Eastern District of Missouri
Pending
July 18, 2022

U.S. Chamber files reply in support of its motion for leave to participate as amicus curiae in ERISA case.

Williams v. Centene Corp.

U.S. District Court for the Eastern District of Missouri
Pending
July 18, 2022

U.S. Chamber files reply in support of its motion for leave to participate as amicus curiae in ERISA case.

Williams v. Centene Corp.

U.S. District Court for the Eastern District of Missouri
Pending
July 18, 2022

U.S. Chamber files reply in support of its motion for leave to participate as amicus curiae in ERISA case.

Canales v. CK Sales Co., LLC

U.S. Court of Appeals for the First Circuit
Pending
July 18, 2022

U.S. Chamber files amicus brief urging First Circuit to hold that local drivers delivering goods that once traveled in interstate commerce do not fall within the transportation worker exemption to the Federal Arbitration Act.

SEC v. Rio Tinto PLC

U.S. Court of Appeals for the Second Circuit
Decided
July 15, 2022

Second Circuit rules for defendant in securities fraud case, rejecting SEC’s argument that misstatements and omissions alone can form the basis for scheme liability. The court explained that scheme liability requires something beyond misstatements and omissions, such as dissemination.  The court held that its decision in Lentell v. Merrill Lynch & Co., 396 F.3d 161 (2d Cir. 2005), was not abrogated by Lorenzo v. SEC, 139 S. Ct. 1094 (2019).  The U.S. Chamber filed an amicus brief supporting this outcome.

SEC v. Rio Tinto PLC

U.S. Court of Appeals for the Second Circuit
Decided
July 15, 2022

Second Circuit rules for defendant in securities fraud case, rejecting SEC’s argument that misstatements and omissions alone can form the basis for scheme liability. The court explained that scheme liability requires something beyond misstatements and omissions, such as dissemination.  The court held that its decision in Lentell v. Merrill Lynch & Co., 396 F.3d 161 (2d Cir. 2005), was not abrogated by Lorenzo v. SEC, 139 S. Ct. 1094 (2019).  The U.S. Chamber filed an amicus brief supporting this outcome.

Helix Energy Solutions Group, Inc. v. Hewitt

U.S. Supreme Court
Pending
July 15, 2022

U.S. Chamber files amicus brief urging Supreme Court to read the text and history of the Fair Labor Standards Act (FLSA) to exempt highly compensated employees from overtime pay requirements.  

In re Marriott International Customer Data Security Breach Litigation

U.S. Court of Appeals for the Fourth Circuit
Pending
July 14, 2022

Fourth Circuit grants petition for review of decision certifying a class whose members cannot be readily identified and an “issues” class to pursue elements of negligence when the negligence claim itself could not satisfy Rule 23(b)(3).  The U.S. Chamber filed a coalition amicus brief supporting such review.

Missouri v. Yellen

U.S. Court of Appeals for the Eighth Circuit
Decided
July 14, 2022

Eighth Circuit affirms dismissal of Missouri challenge to a provision of the Covid relief bill that effectively precludes States from offering net tax relief to their citizens.  The U.S. Chamber filed an amicus brief opposing this result. 

In re Marriott International Customer Data Security Breach Litigation

U.S. Court of Appeals for the Fourth Circuit
Pending
July 14, 2022

Fourth Circuit grants petition for review of decision certifying a class whose members cannot be readily identified and an “issues” class to pursue elements of negligence when the negligence claim itself could not satisfy Rule 23(b)(3).  The U.S. Chamber filed a coalition amicus brief supporting such review.

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