Federal Amicus

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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. 

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.

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.

California Trucking Association v. Becerra

U.S. Court of Appeals for the Ninth Circuit
Pending
May 13, 2020

U.S. Chamber files coalition amicus brief urging Ninth Circuit to affirm preliminary injunction halting enforcement of California’s A.B. 5 against motor carriers because A.B. 5 is preempted by the Federal Aviation Administration Authorization Act.

Kinder Morgan Energy Partners, L.P. v. Upstate Forever

U.S. Supreme Court
Decided
May 8, 2020

U.S. Supreme Court grants, vacates, and remands, for consideration in light of County of Maui v. Hawaii Wildlife Fund, the Fourth Circuit’s erroneous holding that Clean Water Act permitting requirements apply to discharges into groundwater whenever there is a “direct hydrological connection” between the groundwater and nearby navigable waters.  The U.S. Chamber filed an amicus brief in support of certiorari in this case and on the merits of the County of Maui case.  

Scalia v. Angelica Textile Services, Inc.

U.S. Court of Appeals for the Second Circuit
Decided
May 6, 2020

Second Circuit vacates as moot Occupational Safety & Health Review Commission decision that clarified employers’ ability to rebut OSHA citations for “repeated violations.”  The court held that the Commission’s decision had been mooted by the cited employer’s bankruptcy.  The U.S. Chamber had filed an amicus brief urging the court to affirm the Commission’s decision.

Mitchell v. State Farm Fire and Casualty Co. (rehearing)

U.S. Court of Appeals for the Fifth Circuit
Pending
May 4, 2020

U.S. Chamber files amicus brief urging Fifth Circuit to grant en banc rehearing and decertify class action of insurance policyholders in actual cash value litigation because individualized issues predominate of common ones.  Previously, the U.S. Chamber filed amicus briefs urging the Fifth Circuit to reverse the district court’s class certification order and supporting the Rule 23(f) petition.

In re: RPM International, Inc.

U.S. Court of Appeals for the District of Columbia Circuit
Decided
May 1, 2020

D.C. Circuit denies petition for writ of mandamus, letting stand discovery order requiring disclosure of law firm’s internal-investigation interview memos.  The U.S. Chamber filed a coalition amicus brief opposing this result.

Chavez v. Plan Benefit Services, Inc.

U.S. Court of Appeals for the Fifth Circuit
Decided
April 29, 2020

Fifth Circuit vacates district court order certifying a multi-plan ERISA class action for failure to conduct the “rigorous analysis” required under Rule 23.  The U.S. Chamber filed an amicus brief supporting this outcome.

Moda Health Plan, Inc. v. United States

U.S. Supreme Court
Decided
April 27, 2020

Supreme Court reverses Federal Circuit’s overly lenient standard for allowing the United States to walk away from financial obligations to businesses induced to participate in public programs by financial assurances.  The Court also clarifies that “implied revocation” in a later Congress’ appropriations rider doesn’t repeal clear statutory commitment of funds.  The U.S. Chamber filed briefs supporting certiorari and again at the merits stage supporting this outcome.  

National Pork Producers Council v. Ross

U.S. District Court for the Southern District of California
Decided
April 27, 2020

District Court rejects dormant Commerce Clause challenge to California Proposition 12, which regulates out-of-state meat production.  The U.S. Chamber filed a coalition amicus brief opposing this result.

County of Maui v. Hawaii Wildlife Fund

U.S. Supreme Court
Decided
April 23, 2020

Supreme Court holds that Clean Water Act requires a permit for the “functional equivalent of a direct discharge” from a point source to a navigable water.  The U.S. Chamber filed an amicus brief at the merits stage, arguing that the Act’s permitting program applies to discharges directly into navigable waters, but not most indirect discharges (which are addressed by other environmental statutes and programs). 

Atlantic Richfield Co. v. Christian

U.S. Supreme Court
Decided
April 20, 2020

Supreme Court holds that a Superfund landowner is a “potentially responsible party” who must seek EPA approval before engaging in cleanup activities, including through state tort remedies.  This effectively may prevent tort claims that conflict with Superfund remedies.  The U.S. Chamber filed an amicus brief urging the Court to recognize that the Superfund law prohibits tort claims that seek to impose remedies that conflict with EPA approved cleanup plans. 

Anthony v. Trax International Corp.

U.S. Court of Appeals for the Ninth Circuit
Decided
April 17, 2020

Ninth Circuit holds that individual unqualified for job cannot sue under Americans with Disabilities Act even though employer first discovered lack of qualification during litigation.  The court rejected the EEOC’s “perplexing” attempt to disavow its own regulation.  The U.S. Chamber filed an amicus brief and participated in oral argument supporting this result.

Ibarra v. Wells Fargo Bank, N.A.

U.S. Court of Appeals for the Ninth Circuit
Decided
April 15, 2020

Ninth Circuit affirms liability determination in California wage-and-hour case concerning meal and rest breaks, but remands for potential reconsideration of damages.  The U.S. Chamber filed an amicus brief opposing the judgment.  

In re: CVS Pharmacy, Inc.

U.S. Court of Appeals for the Sixth Circuit
Decided
April 15, 2020

Sixth Circuit grants defendant pharmacies’ mandamus petition, striking plaintiffs' untimely added claims and halting related nationwide discovery.  The court held and repeatedly emphasized that the Federal Rules of Civil Procedure apply with equal force in multi-district litigation as in ordinary individual litigation.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

Chamber of Commerce v. City of Seattle

U.S. District Court for the Western District of Washington
Resolved without decision
April 10, 2020

U.S. Chamber and co-plaintiff dismiss without prejudice remaining antitrust claims against City of Seattle’s unionization ordinance for independent contractors.  Through its litigation, the U.S. Chamber blocked implementation of this ordinance for more than four years (it has never been implemented).  As a result of the U.S. Chamber’s antitrust claims, in 2019 the City also was forced to remove driver pay as a subject for permissible collective bargaining.  The City of Seattle has now enacted a new ordinance, which does not alter the status of drivers but which seeks to develop a different regulatory scheme regarding driver pay.  Because the City no longer plans to move forward with its old unionization ordinance and instead plans to implement this new ordinance, there is no longer a need to continue this litigation.  Accordingly, the U.S. Chamber and its co-plaintiff have voluntarily dismissed the remaining claims, but without prejudice to reviving the suit in the future if the City ever did reanimate its effort to unionize independent contractors.
 

National Football League v. Ninth Inning, Inc.

U.S. Supreme Court
Pending
April 8, 2020

U.S. Chamber files amicus brief urging the Supreme Court to grant certiorari in antitrust challenge to NFL telecasting joint venture, arguing that the Ninth Circuit’s abbreviated rule-of-reason analysis departed from settled principles of antitrust law.

Viamedia v. Comcast Corp.

U.S. Court of Appeals for the Seventh Circuit
Decided
April 7, 2020

Seventh Circuit denies en banc review of panel decision that adopted a permissive test for refusal-to-deal claims under Section 2 of the Sherman Act.  The U.S. Chamber filed an amicus brief supporting rehearing, and also filed a brief at the panel stage.

Sierra Club v. EPA (Ozone SIL Guidance)

U.S. Court of Appeals for the District of Columbia Circuit
Decided
April 7, 2020

D.C. Circuit holds that EPA memorandum on significant impact levels (SILs) for ozone is not final agency action subject to review under the Clean Air Act and dismisses environmental NGOs’ challenges to EPA’s memorandum.  The U.S. Chamber was part of a coalition of intervenors in support of EPA’s ozone SILs memorandum. 

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