Federal Amicus

Results are sorted by the date of most recent activity.

Stromberg v. Qualcomm Inc.

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

U.S. Chamber files amicus brief arguing Ninth Circuit should reverse district court order certifying a class of approximately 230 million people in indirect purchaser lawsuit brought under state law.

Teck Cominco Metals, Ltd. v. The Confederated Tribes of the Colville Reservation

U.S. Supreme Court
Decided
June 10, 2019

Supreme Court denies cert. petition regarding Ninth Circuit judgment expanding scope of “arranger” liability under CERCLA.  The U.S. Chamber filed an amicus brief supporting the cert. petition.

New York v. Department of Labor

U.S. Court of Appeals for the District of Columbia Circuit
Pending
June 7, 2019

U.S. Chamber leads coalition brief urging D.C. Circuit to uphold the Department of Labor’s Association Health Plan Rule.  The U.S. Chamber previously filed a coalition amicus brief in the U.S. District Court for the District of Columbia supporting the Association Health Plan rule. 

Chamber of Commerce v. City of Seattle

U.S. District Court - Western District of Washington
Decided
June 4, 2019

District Court grants City’s motion for limited discovery before opposing U.S. Chamber’s motion for summary judgment in challenge to City of Seattle’s unionization ordinance for independent contractors.

Reid v. Doe Run Resources Corp.

U.S. Court of Appeals for the Eighth Circuit
Decided
June 4, 2019

Eighth Circuit denies interlocutory review and petition for writ of mandamus of district court decision allowing thousands of Peruvian nationals to sue American companies in federal court under Missouri law for alleged environmental damage occurring in Peru.  The U.S. Chamber filed an amicus brief urging the opposite outcome.

Association of American Railroads v. Department of Transportation, et al.

U.S. Supreme Court
Decided
June 3, 2019

Supreme Court declines to review whether Congress violated due process and the separation of powers by granting Amtrak regulatory authority over its competitors.  The U.S. Chamber filed an amicus brief urging the Supreme Court to grant review.

Fort Bend County, TX v. Davis

U.S. Supreme Court
Decided
June 3, 2019

Supreme Court holds that Title VII’s administrative-exhaustion requirement is not jurisdictional.  The Chamber filed a brief at the merits stage trying to oppose this result.

Kansas v. Garcia

U.S. Supreme Court
Pending
May 31, 2019

U.S. Chamber files merits-stage amicus brief urging U.S. Supreme Court to hold that any presumption against preemption should not be applied to the interpretation of express preemption provisions.

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

U.S. District Court - Northern District of Oklahoma
Decided
May 29, 2019

Northern District of Oklahoma denies motion for preliminary injunction, finding lack of irreparable harm, leaving rule in place while it considers the merits.  

Home Depot U.S.A., Inc. v. Jackson

U.S. Supreme Court
Decided
May 28, 2019

U.S. Supreme Court holds that the Class Action Fairness Act does not permit a third-party counterclaim defendant to remove a class action to federal court.  The Chamber urged the Court to take this case at the cert. stage and also filed an amicus brief at the merits stage opposing this result.  

Elledge v. Lowe's Home Centers, LLC

U.S. Court of Appeals for the Fourth Circuit
Pending
May 22, 2019

U.S. Chamber files coalition amicus brief in the Fourth Circuit arguing that the Americans with Disabilities Act does not grant disabled employees a preference in job placement over better-qualified employees.

Merck Sharp & Dohme Corp. v. Albrecht

U.S. Supreme Court
Decided
May 20, 2019

U.S. Supreme Court holds that judges, rather than juries, must decide whether federal prescription-drug regulations preempt state failure-to-warn claims.  The Chamber urged the Court to take this case at the cert. stage and also filed an amicus brief at the merits stage supporting this result.  The Court’s holdings track the Chamber’s merits-stage amicus brief. 

County of Maui v. Hawaii Wildlife Fund

U.S. Supreme Court
Pending
May 16, 2019

U.S. Chamber files amicus brief urging Supreme Court to overrule Ninth Circuit’s extra-statutory expansion of the Clean Water Act’s point source permitting program

City of Oakland v. BP PLC

U.S. Court of Appeals for the Ninth Circuit
Pending
May 14, 2019

U.S. Chamber files amicus brief in California public-nuisance cases against energy companies urging Ninth Circuit to affirm dismissal of claims

Cochise Consultancy, Inc. v. United States, ex rel. Hunt

U.S. Supreme Court
Decided
May 14, 2019

U.S. Supreme Court holds that a private plaintiff may rely upon the longer statute of limitations for the government in bringing False Claims Act lawsuits against private companies, regardless of whether the government is directly involved in the case.  The Chamber filed amicus briefs at the cert. and merits stages opposing this result.

Apple Inc. v. Pepper

U.S. Supreme Court
Decided
May 14, 2019

U.S. Supreme Court issues 5-4 decision rejecting Illinois Brick antitrust-standing arguments against class action brought by customers who purchased apps through Apple’s App Store.  The U.S. Chamber filed an amicus brief at the merits stage opposing this result. 

American Fuel & Petrochemical Manufacturers v. O’Keeffe

U.S. Supreme Court
Decided
May 13, 2019

U.S. Supreme Court denies cert. petition to review whether Oregon’s “Clean Fuels Program” unconstitutionally discriminates against out of state fuel producers.  The U.S. Chamber filed an amicus brief urging the Supreme Court to grant review.

Otsego 2000, Inc. v. FERC

U.S. Court of Appeals for the District of Columbia Circuit
Decided
May 9, 2019

D.C. Circuit panel dismisses petition for review of FERC order approving pipeline project for lack of Article III standing.  The Chamber filed an amicus brief in support of FERC, arguing that the petition for review should be denied.

Sweda v. University of Pennsylvania

U.S. Court of Appeals for the Third Circuit
Decided
May 8, 2019

Third Circuit declines to apply Twombly’s pleading standard to breach of fiduciary duty claims under ERISA and reinstates ERISA fiduciary breach claims against University of Pennsylvania.  The Chamber filed an amicus brief, which the dissent cited and found persuasive in its discussion of the pleading standard.  

Harris v. Union Pacific Railroad Co.

U.S. Court of Appeals for the Eighth Circuit
Pending
April 29, 2019

U.S. Chamber files coalition brief urging Eighth Circuit to reject class certification in disability discrimination cases based on so-called Teamsters method of proof.

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