Federal Amicus

Results are sorted by the date of most recent activity.

Sierra Club v. EPA (Ozone SIL Guidance)

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

U.S. Chamber files coalition brief as intervenor in support of EPA’s guidance establishing significant impact limits for the NAAQS program

St. Lucie County Fire District Firefighters’ Pension Trust Fund v. Bryant

U.S. Court of Appeals for the Fifth Circuit
Resolved without decision
April 15, 2019

Settlement reached in securities class action

Moussouris v. Microsoft Corp.

U.S. Court of Appeals for the Ninth Circuit
Pending
April 12, 2019

U.S. Chamber files amicus brief in support of District Court’s order denying certification of class in employment-discrimination case

National Association of African-American Owned Media v. Charter Communications

U.S. Supreme Court
Pending
April 11, 2019

U.S. Chamber files amicus brief urging the Supreme Court to grant cert. to clarify that race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

Rozo v. Principal Life Insurance Co.

U.S. Court of Appeals for the Eighth Circuit
Pending
April 10, 2019

U.S. Chamber files amicus brief arguing providers of stable value funds are not “functional fiduciaries” under ERISA

Bigger v. Facebook, Inc.

U.S. District Court - Northern District of Illinois
Decided
April 9, 2019

U.S. District Court grants motion to stay order requiring notice to conditionally certified class members who have arbitration agreements with class waivers, and grants 1292(b) motion to certify an appeal

Meritor, Inc. v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Pending
April 8, 2019

U.S. Chamber files amicus brief urging D.C. Circuit to vacate and remand Superfund listing that failed to follow regulatory requirements and sets a bad precedent for future application of vapor intrusion standards 

Alaska Airlines, Inc. v. Schurke

U.S. Supreme Court
Decided
April 1, 2019

U.S. Supreme Court denies cert. petition to review Ninth Circuit decision regarding Railway Labor Act’s preemption of state law claims involving interpretation of collective bargaining agreements

Lindenberg v. Jackson National Life Insurance

U.S. Court of Appeals for the Sixth Circuit
Decided
March 28, 2019

Divided Sixth Circuit denies a petition for rehearing en banc of a panel decision concluding that Tennessee’s tort reform law capping punitive damages violates the Tennessee Constitution.  Judge Bush wrote a dissent arguing that the Sixth Circuit should have certified the case to the Tennessee Supreme Court.  Judges Nalbandian, Thapar, Bush, and Larsen filed a statement encouraging courts to certify the issue to the Tennessee Supreme Court, rather than apply the panel’s opinion.  The Chamber filed a coalition amicus brief urging the en banc court to rehear the case or to certify the issue for the Tennessee Supreme Court to decide in the first instance. 

New York v. Department of Labor

U.S. District Court - District of Columbia
Decided
March 28, 2019

District Court vacates key provisions of Department of Labor’s Association Health Plans rule, remands to the Department for severability analysis with respect to the rest of the rule.  The U.S. Chamber filed a coalition amicus brief in support of the Association Health Plans rule. 

Lorenzo v. SEC

U.S. Supreme Court
Decided
March 27, 2019

U.S. Supreme Court holds that individuals who disseminate false or misleading statements to potential investors with the intent to defraud may be charged with violating subsections (a) and (c) of SEC Rule 10b-5.  The U.S. Chamber filed an amicus brief at the merits stage opposing this result.

Teets v. Great-West Life & Annuity Insurance Co.

U.S. Court of Appeals for the Tenth Circuit
Decided
March 27, 2019

Tenth Circuit affirms Great-West’s summary judgment win, holding that the company did not act as a “functional fiduciary” under ERISA

U.S. ex rel. Thrower v. Academy Mortgage Corp.

U.S. Court of Appeals for the Ninth Circuit
Pending
March 22, 2019

U.S. Chamber files amicus brief arguing Ninth Circuit should reverse district court’s decision denying government’s motion invoking the Granston memo to dismiss a relator’s qui tam action under the False Claims Act

 

Divane v. Northwestern University

U.S. Court of Appeals for the Seventh Circuit
Pending
March 21, 2019

U.S. Chamber files amicus brief in Seventh Circuit regarding the appropriate pleading standard for ERISA cases and the broad discretion to which ERISA fiduciaries are entitled

Obduskey v. McCarthy & Holthus LLP

U.S. Supreme Court
Decided
March 20, 2019

In a unanimous opinion, Supreme Court holds that enforcing a security interest without also seeking repayment of a debt generally does not qualify as “debt collection” within the FDCPA’s meaning.  The U.S. Chamber filed an amicus brief in support of this outcome.

Air and Liquid Systems Corp. v. DeVries

U.S. Supreme Court
Decided
March 20, 2019

U.S. Supreme Court rejects Third Circuit’s broad “foreseeability” test but holds that an equipment manufacturer has a  duty to warn of injuries caused by another’s product, under federal maritime law, when “(i) its product requires incorporation of a part, (ii) the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and (iii) the manufacturer has no reason to believe that the product’s user will realize that danger.”  The Chamber filed amicus briefs in support of cert. and at the merits stage opposing liability for manufacturers of “bare-metal” equipment that did not cause the alleged danger. 

Frank v. Gaos

U.S. Supreme Court
Decided
March 20, 2019

In a per curiam opinion, Supreme Court vacates Ninth Circuit’s decision and sends case back to Ninth Circuit for reconsideration of Article III standing issues. The Chamber filed an amicus brief in support of this outcome.

Pirundini v. J.P. Morgan Investment Management, Inc.

U.S. Court of Appeals for the Second Circuit
Decided
March 18, 2019

Second Circuit panel affirms ruling in favor of investment advisor in Section 36(b) case challenging mutual-fund fees.  The U.S. Chamber filed an amicus brief in support of this outcome.

Citizens for Responsibility and Ethics in Washington v. FEC

U.S. Court of Appeals for the District of Columbia Circuit
Pending
March 18, 2019

U.S. Chamber files amicus brief in campaign-finance case, arguing D.C. Circuit should reverse the decision of the district court that struck down the FEC’s long-standing interpretation of the disclosure requirements for independent expenditures under Section 434(c) of the Federal Election Campaign Act

Spirit Airlines, Inc. v. Maizes

U.S. Supreme Court
Decided
March 18, 2019

 Supreme Court declines cert. petition in circuit split on whether incorporation of AAA rules delegates to arbitrator the decision whether arbitration agreement permits class arbitration

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