Federal Amicus

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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. 

Forman v. TriHealth Inc.

U.S. Court of Appeals for the Sixth Circuit
Decided
July 13, 2022

Sixth Circuit largely affirms dismissal of ERISA claims challenging TriHealth’s 401(k) plan choices. It relied on the recent decision in Smith v. CommonSpirit Health to reject plaintiffs’ claims that plan expenses were excessive, and that the plan should have included alternative investments with lower fees and higher performance. But the court reversed the dismissal of claims that TriHealth violated the duty of prudence by failing to offer share classes that were less expensive. The U.S. Chamber filed an amicus brief supporting dismissal of all claims. 

Locasio v. Fluor Corp.

U.S. District Court for the Eastern District of Texas
Pending
July 13, 2022

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

Forman v. TriHealth Inc.

U.S. Court of Appeals for the Sixth Circuit
Decided
July 13, 2022

Sixth Circuit largely affirms dismissal of ERISA claims challenging TriHealth’s 401(k) plan choices. It relied on the recent decision in Smith v. CommonSpirit Health to reject plaintiffs’ claims that plan expenses were excessive, and that the plan should have included alternative investments with lower fees and higher performance. But the court reversed the dismissal of claims that TriHealth violated the duty of prudence by failing to offer share classes that were less expensive. The U.S. Chamber filed an amicus brief supporting dismissal of all claims. 

Locasio v. Fluor Corp.

U.S. District Court for the Eastern District of Texas
Pending
July 13, 2022

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

Solar Energy Industries Association v. United States

U.S. Court of Appeals for the Federal Circuit
Pending
July 12, 2022

U.S. Chamber files coalition amicus brief urging Federal Circuit to reject trade restrictions on bifacial solar panels. 

Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County

U.S. Supreme Court
Pending
July 11, 2022

U.S. Chamber files amicus brief, in suit brought by local governments against energy companies for damages allegedly attributable to climate change, urging Supreme Court to grant review and decide (1) whether federal rather than state common law applies to the plaintiffs’ claims, and (2) whether a plaintiff may evade federal jurisdiction by pleading federal common law claims as state-law claims.  The U.S. Chamber previously filed an amicus brief in this case before the Tenth Circuit. 

Esso Exploration & Production Nigeria Ltd. v. Nigerian National Petroleum Corp. 

U.S. Court of Appeals for the Second Circuit
Decided
July 8, 2022

Second Circuit orders partial enforcement of arbitral award against foreign state-owned entity, clarifying that courts must consider all relevant fairness factors when deciding whether to afford comity to a foreign court’s judgment refusing to enforce such an award.  The U.S. Chamber filed an amicus brief urging the Second Circuit to fully enforce the arbitral award.

Esso Exploration & Production Nigeria Ltd. v. Nigerian National Petroleum Corp. 

U.S. Court of Appeals for the Second Circuit
Decided
July 8, 2022

Second Circuit orders partial enforcement of arbitral award against foreign state-owned entity, clarifying that courts must consider all relevant fairness factors when deciding whether to afford comity to a foreign court’s judgment refusing to enforce such an award.  The U.S. Chamber filed an amicus brief urging the Second Circuit to fully enforce the arbitral award.

City and County of Honolulu v. Sunoco LP; County of Maui v. Chevron USA, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
July 7, 2022

Ninth Circuit holds that none of the grounds for removal asserted on appeal by the defendants give rise to federal removal jurisdiction.  The U.S. Chamber filed an amicus brief opposing this outcome.  The court did not rule on the Chamber’s argument that the federal-officer removal statute does not require a causal nexus between acts taken under federal direction and the plaintiffs’ claims.

Bader Farms, Inc. v. Monsanto Co.

U.S. Court of Appeals for the Eighth Circuit
Decided
July 7, 2022

Eighth Circuit holds plaintiff had shown causation despite inability to identify specific company whose product caused the relevant damage.  The U.S. Chamber filed coalition amicus brief opposing this outcome.

Bader Farms, Inc. v. Monsanto Co.

U.S. Court of Appeals for the Eighth Circuit
Decided
July 7, 2022

Eighth Circuit holds plaintiff had shown causation despite inability to identify specific company whose product caused the relevant damage.  The U.S. Chamber filed coalition amicus brief opposing this outcome.

SEC v. Cochran

U.S. Supreme Court
Pending
July 7, 2022

U.S. Chamber files amicus brief urging Supreme Court to hold that Congress has not impliedly preempted ordinary federal-question review of constitutional challenges to the SEC’s structure.

U.S. ex rel. Druding v. Care Alternatives

U.S. Court of Appeals for the Third Circuit
Pending
July 7, 2022

U.S. Chamber files coalition amicus brief urging Third Circuit to hold, in False Claims Act case, that allegedly false claims were not material as a matter of law where the undisputed evidence showed that the government investigated plaintiffs’ allegations but continued to pay defendant’s claims and failed to take any steps to recoup payments. 

Harrison v. Envision Management Holding, Inc. Board

U.S. Court of Appeals for the Tenth Circuit
Pending
July 7, 2022

U.S. Chamber files amicus brief in Tenth Circuit arguing that Federal Arbitration Act requires enforcement of arbitration agreement in ERISA plan.

City and County of Honolulu v. Sunoco LP; County of Maui v. Chevron USA, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
July 7, 2022

Ninth Circuit holds that none of the grounds for removal asserted on appeal by the defendants give rise to federal removal jurisdiction.  The U.S. Chamber filed an amicus brief opposing this outcome.  The court did not rule on the Chamber’s argument that the federal-officer removal statute does not require a causal nexus between acts taken under federal direction and the plaintiffs’ claims.

Lyons v. Cucumber Holdings, LLC

U.S. Court of Appeals for the Ninth Circuit
Resolved without decision
July 5, 2022

Appellants voluntarily dismiss appeal relating to the preemptive scope of the PREP Act.  The U.S. Chamber filed a coalition amicus brief urging Ninth Circuit to hold that the PREP Act is a complete preemption statute, protecting businesses on the front-lines of responding to COVID-19.

Lyons v. Cucumber Holdings, LLC

U.S. Court of Appeals for the Ninth Circuit
Resolved without decision
July 5, 2022

Appellants voluntarily dismiss appeal relating to the preemptive scope of the PREP Act.  The U.S. Chamber filed a coalition amicus brief urging Ninth Circuit to hold that the PREP Act is a complete preemption statute, protecting businesses on the front-lines of responding to COVID-19.

Harris v. Medical Transportation Management, Inc.

U.S. Court of Appeals for the District of Columbia Circuit
Pending
July 1, 2022

U.S. Chamber files amicus brief urging D.C. Circuit to hold that a Rule 23(c)(4) issues class must still satisfy the requirements of Rule 23(b) as to the plaintiffs’ cause of action and that the “similarly situated” requirement for a FLSA collective action incorporates familiar considerations of commonality, typicality, and predominance.  

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