Federal Amicus

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Toshiba Corp. v. Automotive Industries Pension Trust Fund

U.S. Supreme Court
Decided
June 24, 2019

Supreme Court declines cert. petition questioning whether a domestic securities transaction is a necessary—but not sufficient—basis for applying U.S. securities laws when all other relevant conduct occurred overseas.  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.

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.

American Federation of Government Employees v. Office of Personnel Management

U.S. Court of Appeals for the District of Columbia Circuit
Decided
June 21, 2019

Divided panel of D.C. Circuit holds that plaintiffs’ complaint satisfied Article III standing requirements in data-breach case.  The U.S. Chamber filed an amicus brief urging the opposite outcome, which the dissent cited.

North Carolina Department of Revenue v. Kimberly Rice Kaestner 1992 Family Trust

U.S. Supreme Court
Decided
June 21, 2019

Supreme Court rejects North Carolina’s attempt to tax an out-of-state trust based solely on a beneficiary’s residency.  The U.S. Chamber filed an amicus brief at the merits stage supporting this result.

FTC v. AMG Capital Management

U.S. Court of Appeals for the Ninth Circuit
Decided
June 20, 2019

Ninth Circuit denies petition for rehearing en banc in challenge to FTC's authority to seek monetary relief.  The U.S. Chamber filed an amicus brief supporting rehearing.

PDR Network, LLC, et al. v. Carlton & Harris Chiropractic, Inc.

U.S. Supreme Court
Decided
June 20, 2019

Supreme Court avoids resolving question about a district court’s power to determine the legality of an agency regulation subject to judicial review in a court of appeals under the Hobbs Act.  The U.S. Chamber filed an amicus brief at the merits stage in support of neither party, encouraging the Court to protect reliance interests by holding that the Hobbs Act generally prohibits collateral challenges to agency rules, while also recognizing private defendants’ due process rights in district court proceedings to contest the applicability of agency regulations enforced against them.

Virginia Uranium, Inc. v. Warren

U.S. Supreme Court
Decided
June 17, 2019

Supreme Court holds that the federal Atomic Energy Act does not preempt Virginia’s ban on uranium mining.  The Chamber urged the Court to take up this case at the cert stage and also filed a brief at the merits stage opposing this outcome. 

Manhattan Community Access Corp. v. Halleck

U.S. Supreme Court
Decided
June 17, 2019

Supreme Court agrees with U.S. Chamber that operating a public forum for speech does not make a private company a state actor, even where those operations are licensed or heavily regulated by the state.  The Chamber filed a brief at the merits stage supporting this reasoning.

Latiolais v. Huntington Ingalls, Inc.

U.S. Court of Appeals for the Fifth Circuit
Pending
June 14, 2019

U.S. Chamber files amicus brief urging en banc Fifth Circuit to reject the antiquated test for federal officer removal that fails to account for recent statutory amendments that broadened its reach. 

Duguid v. Facebook, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
June 13, 2019

Ninth Circuit holds that the Telephone Consumer Protection Act’s debt-collection exception is a content-based regulation of speech that violates the First Amendment, and strikes that exception from the Act.

Solenex LLC v. Bernhardt

U.S. Court of Appeals for the District of Columbia Circuit
Pending
June 12, 2019

U.S. Chamber files amicus brief urging D.C. Circuit to affirm trial court decision that vacated government’s arbitrary and capricious cancellation of oil and gas lease that disregarded private reliance interests.  Previously, the Chamber filed an amicus brief when this case was before the U.S. District Court for the District of Columbia, supporting continuation of the lease.

FTC v. AbbVie Inc.

U.S. Court of Appeals for the Third Circuit
Pending
June 12, 2019

U.S. Chamber files amicus brief urging Third Circuit to reject narrow conception of Noerr-Pennington immunity and to hold that the FTC may not seek monetary relief under Section 13(b) of the FTC Act.

Teck Cominco Metals, Ltd. v. The Confederated Tribes of the Colville Reservation

U.S. Supreme Court
Decided
June 10, 2019

Supreme Court denies cert. petition regarding Ninth Circuit judgment expanding scope of “arranger” liability under CERCLA.  The U.S. Chamber filed an amicus brief supporting the cert. petition.

Return Mail, Inc. v. United States Postal Service

U.S. Supreme Court
Decided
June 10, 2019

Supreme Court holds that the federal government is not a “person” authorized to file an inter partes review petition challenging the validity of a patent.  The U.S. Chamber filed a brief at the merits stage supporting this result.   

Parker Drilling Management Services, Ltd. v. Newton

U.S. Supreme Court
Decided
June 10, 2019

Supreme Court unanimously agrees with U.S. Chamber that state wage-and-hour laws don’t apply to drilling rigs on the outer continental shelf.  The U.S. Chamber filed an amicus brief at the cert. stage, urging the Court to take up this case, and another brief at the merits stage supporting this outcome. 

Stromberg v. Qualcomm Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
June 10, 2019

U.S. Chamber files amicus brief arguing Ninth Circuit should reverse district court order certifying a class of approximately 230 million people in indirect purchaser lawsuit brought under state law.

New York v. Department of Labor

U.S. Court of Appeals for the District of Columbia Circuit
Pending
June 7, 2019

U.S. Chamber leads coalition brief urging D.C. Circuit to uphold the Department of Labor’s Association Health Plan Rule.  The U.S. Chamber previously filed a coalition amicus brief in the U.S. District Court for the District of Columbia supporting the Association Health Plan rule. 

Reid v. Doe Run Resources Corp.

U.S. Court of Appeals for the Eighth Circuit
Decided
June 4, 2019

Eighth Circuit denies interlocutory review and petition for writ of mandamus of district court decision allowing thousands of Peruvian nationals to sue American companies in federal court under Missouri law for alleged environmental damage occurring in Peru.  The U.S. Chamber filed an amicus brief urging the opposite outcome.

Association of American Railroads v. Department of Transportation, et al.

U.S. Supreme Court
Decided
June 3, 2019

Supreme Court declines to review whether Congress violated due process and the separation of powers by granting Amtrak regulatory authority over its competitors.  The U.S. Chamber filed an amicus brief urging the Supreme Court to grant review.

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