Federal Amicus

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Sierra Club v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Pending
June 8, 2020

U.S. Chamber and business associations move to intervene in defense of EPA’s rule updating the hazardous air pollutant emissions standards for stationary combustion turbines under the residual risk and technology review process.  

National Wildlife Federation v. DOT

U.S. Court of Appeals for the Sixth Circuit
Decided
June 5, 2020

Sixth Circuit vacates trial court decision and holds that where a statute requires an agency to approve or deny an action based on a specific set of criteria, making the decision non-discretionary, the agency action is not subject to NEPA review and ESA consultation.  The U.S. Chamber filed a coalition amicus brief supporting this result.  

Oberdorf v. Amazon.com, Inc.

U.S. Court of Appeals for the Third Circuit
Decided
June 2, 2020

Third Circuit certifies question to Pennsylvania Supreme Court, asking the state’s high court to determine whether an e-commerce business is strictly liable under Pennsylvania law for a defective product purchased from a third-party vendor through the e-commerce business’ online marketplace.  The U.S. and Pennsylvania Chambers filed an amicus briefing urging the Third Circuit to recognize that Pennsylvania law does not impose strict liability on the e-commerce business in this circumstance. 

GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court reverses Eleventh Circuit, holding that the New York Convention governing international arbitration does not conflict with domestic contract-law doctrines permitting nonsignatories to enforce arbitration agreements.  The U.S. Chamber filed an amicus brief supporting this outcome.

HSBC Holdings PLC v. Picard

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court denies cert. petition concerning whether a bankruptcy trustee may use the Bankruptcy Code to claw back purely foreign transactions between foreign entities or whether such claims are barred by the presumption against extraterritoriality.  The U.S. Chamber filed an amicus brief supporting the cert. petition.

Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court holds that the Appointments Clause does not govern the appointment of members of the Financial Oversight and Management Board for Puerto Rico. The U.S. Chamber’s amicus brief took no position on this question, arguing only that the de facto officer doctrine does not bar full judicial relief if there had been a constitutional violation. Because the Court found no violation, it did not address the remedial issue.

Comcast Corp. v. Tillage; AT&T Mobility LLC v. McArdle

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court denies cert. petitions concerning whether the Federal Arbitration Act preempts California’s McGill rule, which purports to empower all arbitrators to award public injunctions despite contrary private arbitration agreements.  The U.S. Chamber filed an amicus brief supporting the cert. petitions.

Benoit v. Saint-Gobain Performance Plastics Corp.

U.S. Court of Appeals for the Second Circuit
Decided
May 18, 2020

Second Circuit holds that immediate appeal under 28 U.S.C. 1292(b) is not available for the question of whether medical monitoring claims are independent causes of action under New York law.  The U.S. Chamber had filed an amicus brief urging the court to recognize New York law does not recognize such causes of action. 

Environmental Protection Commission of Hillsborough County v. Volkswagen Group of America, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
June 1, 2020

Ninth Circuit holds that Clean Air Act expressly preempts state and local claims related to emissions control tampering prior to sale but does not apply to post sale activities, even when those activities were conducted on a model-wide basis.  The U.S. Chamber submitted an amicus brief urging the court to recognize that the Clean Air Act preempts claims related to model-wide emissions control activities, which are regulated and enforced by the U.S. EPA.

Thole v. U.S. Bank, N.A.

U.S. Supreme Court
Decided
June 1, 2020

Supreme Court holds that a participant in a defined-benefit ERISA plan who has received all vested benefits—and who has not shown a “substantially increased risk that the plan and employer would both fail”—lacks standing to sue for breach of fiduciary duty under ERISA.  The U.S. Chamber filed an amicus brief supporting this outcome. 

Yearwood v. Department of Interior

U.S. Court of Appeals for the Fifth Circuit
Resolved without decision
May 29, 2020

Fifth Circuit dismisses appeal in Bone Cave harvestman Endangered Species Act suit for lack of jurisdiction.  The court did not reach the merits of whether Congress has authority to regulate this purely intrastate species.  The U.S. Chamber filed a coalition brief arguing that regulation of this species exceeds Congress’s authority under the Commerce Clause and the Necessary and Proper Clause.

In re: MDL 2700 Genentech, Inc. Herceptin (Traztuzumab) Marketing and Sales Litigation

U.S. Court of Appeals for the Tenth Circuit
Decided
May 29, 2020

Tenth Circuit reverses district court’s summary-judgment ruling for Genentech, rejecting the district court’s conclusion that federal law preempts plaintiffs’ state-law claims. The U.S. Chamber filed a brief urging the court to affirm the district court’s ruling.

US ex rel. Integra Med Analytics v. Baylor Scott & White Health

U.S. Court of Appeals for the Fifth Circuit
Decided
May 28, 2020

Fifth Circuit affirms dismissal of False Claims Act suit.  The Fifth Circuit rejected the relator’s reliance on statistical data to allege fraud, reasoning that statistical data does not satisfy pleading requirements if it is “also consistent with a legal and obvious alternative explanation.”  The U.S. Chamber filed a coalition brief supporting this outcome.  

Freedom Watch, Inc. v. Google, Inc.

U.S. Court of Appeals for the District of Columbia Circuit
Decided
May 27, 2020

D.C. Circuit affirms dismissal of suit alleging political bias by technology companies, holding that the First Amendment does not apply to privately owned social media outlets and that local D.C. law prohibiting discrimination in public accommodations only covers physical locations. The U.S. Chamber filed a coalition amicus brief supporting this outcome.

Freeman v. HSBC Holdings PLC

U.S. Court of Appeals for the Second Circuit
Pending
May 26, 2020

U.S. Chamber files coalition amicus brief urging Second Circuit to affirm district court's judgment granting motion to dismiss Anti-Terrorism Act claims brought against several international banks.

Olean Wholesale Grocery Cooperative, Inc. v. Bumble-Bee Foods, LLC

U.S. Court of Appeals for the Ninth Circuit
Pending
May 22, 2020

U.S. Chamber files amicus brief urging Ninth Circuit to decertify class action because many uninjured class members cause individualized issues to predominate.

United States v. Bases

U.S. District Court for the Northern District of Illinois
Decided
May 20, 2020

District court denies motion to dismiss wire fraud counts in indictment relating to commodities transactions. The U.S. Chamber filed a coalition amicus brief opposing this result.

U.S. ex rel. Cimino v. IBM Corp.

U.S. Court of Appeals for the District of Columbia Circuit
Pending
May 18, 2020

U.S. Chamber files coalition brief urging D.C. Circuit to affirm dismissal of False Claims Act suit on materiality grounds.

Baker v. Honeywell International Inc.

U.S. Court of Appeals for the Second Circuit
Decided
May 18, 2020

Second Circuit holds that immediate appeal under 28 U.S.C. 1292(b) is not available for the question of whether medical monitoring claims are independent causes of action under New York law.  The U.S. Chamber had filed an amicus brief urging the court to recognize New York law does not recognize such causes of action. 

Olson v. California

U.S. Court of Appeals for the Ninth Circuit
Pending
May 14, 2020

U.S. Chamber files coalition amicus brief urging Ninth Circuit to reverse denial of preliminary injunction in Equal Protection Clause challenge to California A.B. 5.  Previously, the U.S. Chamber filed a coalition brief in the district court.

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