Federal Amicus

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Mayor & City of Baltimore v. BP PLC

U.S. Court of Appeals for the Fourth Circuit
Pending
August 2, 2019

U.S. Chamber files amicus brief in public-nuisance case against energy companies urging Fourth Circuit to reverse district court’s remand order and accept federal jurisdiction.

Huu Nguyen v. Nissan North America, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
July 26, 2019

Ninth Circuit panel reverses order denying class certification of class of purchasers of automobiles with allegedly faulty components.  The U.S. Chamber filed an amicus brief urging the court to affirm the denial of class certification.  

Sweda v. University of Pennsylvania (rehearing)

U.S. Court of Appeals for the Third Circuit
Decided
July 19, 2019

Third Circuit declines to rehear panel decision that limits Twombly to antitrust claims and creates a lax pleading standard for ERISA cases.

Chamber of Commerce, et al. v. EPA (NSPS Rule)

U.S. Court of Appeals for the District of Columbia Circuit
Pending
July 15, 2019

Clean Power Plan petitioners, including the U.S. Chamber, jointly move to dismiss their challenges to Clean Power Plan as moot.

National Association of Home Builders of the United States, Chamber of Commerce, et al. v. Acosta

U.S. District Court - Western District of Oklahoma
Pending
July 12, 2019

U.S. Chamber and coalition of plaintiffs files combined brief in opposition to OSHA’s cross-motion to dismiss and in support of plaintiffs’ motion for summary judgement in litigation challenging provisions of OSHA’s recordkeeping and anti-retaliation rule.

Roth v. GEICO General Insurance Co.

U.S. Court of Appeals for the Eleventh Circuit
Pending
July 9, 2019

U.S. Chamber files amicus brief urging Eleventh Circuit to reaffirm that district courts must conduct rigorous ascertainability analysis before certifying class actions.

Belton v. GE Capital Retail Bank

U.S. Court of Appeals for the Second Circuit
Pending
July 8, 2019

U.S. Chamber files brief urging Second Circuit to reject implied bankruptcy exception to the Federal Arbitration Act.

Citigroup Inc. v. Bruce

U.S. Court of Appeals for the Second Circuit
Pending
July 8, 2019

U.S. Chamber files amicus brief urging Second Circuit to reject implied bankruptcy exception to the Federal Arbitration Act.

Doe I v. Nestle USA, Inc. (rehearing)

U.S. Court of Appeals for the Ninth Circuit
Decided
July 5, 2019

Ninth Circuit denies petition for rehearing and rehearing en banc in case concerning applicability of Alien Tort Statute to domestic corporations, but with eight judges dissenting from the denial of rehearing en banc.  The U.S. Chamber filed an amicus brief urging the court to grant rehearing.

Bigger v. Facebook, Inc.

U.S. Court of Appeals for the Seventh Circuit
Pending
July 3, 2019

U.S. Chamber files merits brief urging Seventh Circuit to vacate class action certification which allowed notice to individuals who had agreed to resolve their disputes by arbitration on an individual basis.  The U.S. Chamber previously filed an amicus brief supporting the petition to appeal in the Seventh Circuit and another brief supporting motions to permit interlocutory appeal and for a stay pending appeal in the district court, which granted both.

Andrews v. Plains All American Pipeline

U.S. Court of Appeals for the Ninth Circuit
Decided
July 3, 2019

Ninth Circuit reverses order certifying class in pipeline spill litigation, concluding district court abused its discretion.  The U.S. Chamber filed an amicus brief in support of this outcome.

McArdle v. AT&T Mobility LLC (I)

U.S. Court of Appeals for the Ninth Circuit
Decided
June 28, 2019

Ninth Circuit panel holds arbitration agreement is void under California’s McGill rule because individuals may not waive their rights under California law to pursue public injunctive relief in a judicial forum.  The U.S. Chamber, joined by the NAM, filed an amicus brief in support of the opposite outcome.

Natural Resources Defense Council v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Decided
June 27, 2019

D.C. Circuit grants unopposed motion by environmental groups voluntarily dismissing their petitions for review challenging EPA’s guidance concerning project aggregation under the New Source Review program.  The U.S. Chamber was an intervenor in support of the EPA’s revisions to the New Source Review program. 

Kisor v. Wilkie

U.S. Supreme Court
Decided
June 26, 2019

Supreme Court significantly limits but declines to eliminate judicial deference to agency interpretation of its own regulations.  The Chamber urged the Court to take this case at the cert. stage and filed a brief at the merits stage urging the Court to overrule Auer.  Although the Court did not go so far as we asked, the Kisor decision is an improvement in the law on deference.

In re: Dollar General Corp.

U.S. Court of Appeals for the Eighth Circuit
Pending
June 25, 2019

Eighth Circuit grants Rule 23(f) review

First Solar, Inc. v. Mineworkers’ Pension Scheme

U.S. Supreme Court
Decided
June 24, 2019

Supreme Court declines cert. petition regarding loss-causation standard in securities class action litigation.  The U.S. Chamber filed an amicus brief supporting cert.

Associated Builders & Contractors of California Cooperation Committee, Inc. v. Becerra

U.S. Supreme Court
Decided
June 24, 2019

Supreme Court declines cert. petition challenging California statute favoring pro-union speech for violating both the National Labor Relations Act and the First Amendment.  The U.S. Chamber filed an amicus brief supporting cert.

Food Marketing Institute v. Argus Leader Media

U.S. Supreme Court
Decided
June 24, 2019

Supreme Court rejects narrow interpretation of FOIA exemption that protects confidential business information.  The U.S. Chamber urged the Court to take this case at the cert. stage and filed a brief at the merits stage supporting this result.

Airline Service Providers Association v. Los Angeles World Airports

U.S. Supreme Court
Decided
June 24, 2019

Supreme Court declines cert. petition regarding Ninth Circuit’s erroneous and overly expansive conception of the market-participant exception to preemption.  The U.S. Chamber filed an amicus brief supporting cert.

McKesson Technologies, Inc. v. True Health Chiropractic, Inc.

U.S. Supreme Court
Decided
June 24, 2019

Supreme Court declines to grant review and overrule Ninth Circuit's use of subclasses to eviscerate Rule 23’s predominance requirement.  The U.S. Chamber filed an amicus brief supporting cert.

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