Federal Amicus

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Ford Motor Co. v. Montana Eighth Judicial District Court

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.

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.

Swinomish Indian Tribal Community v. BNSF Railway Co.

U.S. Court of Appeals for the Ninth Circuit
Decided
March 4, 2020

Ninth Circuit affirms district court judgment that allowed tribal community to block rail shipments through common law claims, despite extensive statutory scheme governing rail shipment and disputes.  The U.S. Chamber filed an amicus brief opposing this result. 

Kansas v. Garcia

U.S. Supreme Court
Decided
March 3, 2020

U.S. Supreme Court holds that federal immigration laws do not bar Kansas from pursuing state identity-theft prosecutions, but the Court does not apply any presumption against preemption.  The U.S. Chamber filed an amicus brief urging the Court to reject such an anti-preemption presumption.

Razak v. Uber Technologies, Inc.

U.S. Court of Appeals for the Third Circuit
Decided
March 3, 2020

Third Circuit vacates grant of summary judgment to defendant in case concerning alleged independent-contractor misclassification under the FLSA.  The U.S. Chamber filed an amicus brief opposing this result. 

Bank of America Corp. v. City of Miami; Wells Fargo & Co. v. City of Miami

U.S. Supreme Court
Decided
March 2, 2020

Supreme Court grants cert. petition and vacates Eleventh Circuit decision permitting municipal lawsuits against banks to proceed under the Fair Housing Act.  The U.S. Chamber filed a brief supporting certiorari and filed additional briefs when this case was before the Eleventh Circuit and the first time it came before the Supreme Court. 

McMillan v. Amazon.com, Inc.

U.S. Court of Appeals for the Fifth Circuit
Pending
March 2, 2020

Fifth Circuit grants leave to appeal district court ruling that expanded strict liability under Texas law to platforms that facilitate sales by third parties.  The U.S. Chamber filed an amicus brief supporting this outcome.

Hargrove v. Sleepy’s

U.S. Court of Appeals for the Third Circuit
Pending
February 28, 2020

U.S. Chamber files coalition amicus brief urging Third Circuit to deny class certification and reaffirm that ascertainability is a rigorous requirement firmly rooted in Rule 23’s text.

Ramirez v. Trans Union, LLC

U.S. Court of Appeals for the Ninth Circuit
Decided
February 27, 2020

Intel Corp. Investment Policy Committee v. Sulyma

U.S. Supreme Court
Decided
February 26, 2020

Supreme Court issues unfavorable decision in ERISA case concerning ERISA’s three-year statute of limitations, holding unanimously that the three-year statute of limitations requires proof of actual, rather than constructive, knowledge by the plaintiff of the alleged breach of fiduciary duty.  After the Court granted cert., the U.S. Chamber filed an amicus brief in support of Intel at the merits stage.  

Prager University v. Google LLC

U.S. Court of Appeals for the Ninth Circuit
Decided
February 26, 2020

Ninth Circuit affirms dismissal of First Amendment claim against YouTube and its parent company, Google, holding that YouTube remains a private forum, not a public forum subject to the U.S. Constitution. The U.S. Chamber filed an amicus brief supporting this result.

Latiolais v. Huntington Ingalls, Inc.

U.S. Court of Appeals for the Fifth Circuit
Decided
February 24, 2020

En banc Fifth Circuit holds that state law claims may be removed to federal court where a defendant acted pursuant to a federal officer’s direction, the conduct from which the claims arise “is connected or associated with” an act pursuant to a federal officer’s directions, and the defendant raises a colorable federal defense.  In so holding, the en banc court rejected prior Fifth Circuit precedent that required a “causal nexus” between the alleged conduct and a federal officer’s direction.  The U.S. Chamber filed an amicus brief urging the court to adopt this approach.

Viamedia v. Comcast Corp.

U.S. Court of Appeals for the Seventh Circuit
Decided
February 24, 2020

Seventh Circuit holds that Viacom properly pleaded a Sherman Act Section 2 monopolization claim by alleging that Comcast used monopoly power in one service market to exclude competition and gain monopoly power in another service market.  The U.S. Chamber filed an amicus brief supporting dismissal of the claim.

Gadelhak v. AT&T Services, Inc.

U.S. Court of Appeals for the Seventh Circuit
Decided
February 19, 2020

Seventh Circuit adopts narrow interpretation of “automatic telephone dialing system” under the Telephone Consumer Protection Act.  The U.S. Chamber filed an amicus brief supporting this outcome.

Swales v. KLLM Transport Services, LLC

U.S. Court of Appeals for the Fifth Circuit
Pending
February 19, 2020

U.S. Chamber files amicus brief urging Fifth Circuit to require commonality and typicality before certifying FLSA collective actions.

Albany County v. McKesson Corp.

U.S. Court of Appeals for the Sixth Circuit
Pending
February 14, 2020

U.S. Chamber files amicus brief urging Sixth Circuit to reverse district court order certifying a “negotiation class,” arguing that such certification is contrary to the text of Rule 23, established precedent, and the purposes of the class action device.  The U.S. Chamber previously filed an amicus brief asking the Sixth Circuit to grant Rule 23(f) review, which it did.

Olson v. Becerra

U.S. District Court for the Central District of California
Decided
February 10, 2020

District Court upholds California’s new A.B. 5 worker classification law.  The U.S. Chamber filed an amicus brief urging the contrary result.

Franze v. Bimbo Bakeries USA, Inc.

U.S. Court of Appeals for the Second Circuit
Pending
February 10, 2020

U.S. Chamber files amicus brief urging Second Circuit to affirm district court’s holding that bakery product delivery drivers were properly classified as independent contractors under the FLSA and New York law.  

Chamber of Commerce v. Becerra

U.S. District Court for the Eastern District of California
Decided
February 7, 2020

District Court releases full preliminary-injunction opinion enjoining California from enforcing anti-arbitration legislation AB 51.

Chamber of Commerce of Greater Philadelphia v. City of Philadelphia

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

Reversing District Court, Third Circuit rejects First Amendment challenge to local Philadelphia law banning employers from asking about a prospective employee’s wage history in setting or negotiating that employee’s wage.  The U.S. Chamber filed an amicus brief opposing this result.

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