Federal Amicus

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North American Meat Institute v. Becerra

U.S. Court of Appeals for the Ninth Circuit
Pending
January 10, 2020

U.S. Chamber files coalition amicus brief urging Ninth Circuit to reject California’s unconstitutional discrimination against and purported regulation of out-of-state meat production.

In re Actavis Holdco U.S., Inc. (In re Generic Pharmaceuticals Pricing Antitrust Litigation)

U.S. Court of Appeals for the Third Circuit
Decided
January 6, 2020

Third Circuit denies en banc review of decision denying mandamus petition that challenged discovery order requiring defendants to produce tens of millions of irrelevant, sensitive files matching extremely broad search terms, without any opportunity for document review.  The U.S. Chamber filed an amicus brief supporting mandamus and another brief supporting rehearing en banc.

The Boeing Co. v. Secretary of the Air Force

U.S. Court of Appeals for the Federal Circuit
Pending
December 27, 2019

U.S. Chamber files coalition amicus brief arguing that Federal Circuit should reverse order from Armed Services Board of Contract Appeals that construed DFARS regulation to prohibit government contractors from notifying third parties of retained data rights.

Ferreras v. American Airlines, Inc.

U.S. Court of Appeals for the Third Circuit
Decided
December 24, 2019

Third Circuit reverses class-certification order in wage-and-hour litigation.  The U.S. Chamber filed an amicus brief at the panel stage in support of this outcome.  The U.S. Chamber previously filed an amicus brief at the Rule 23(f) stage, urging the court to grant review.

Moussouris v. Microsoft Corp.

U.S. Court of Appeals for the Ninth Circuit
Decided
December 24, 2019

Panel of Ninth Circuit affirms order denying class certification of disparate-impact and disparate-treatment claims against technology company over alleged discrimination against female employees.  The U.S. Chamber filed an amicus brief in support of this outcome after the Ninth Circuit granted Rule 23(f) review of the district court’s order.  

Anderson v. Fluor Intercontinental, Inc.

U.S. District Court for the Eastern District of Virginia
Decided
December 23, 2019

District Court denies motion for reconsideration on attorney-client privilege issue.  The U.S. Chamber filed a brief in support of reconsideration, arguing the District Court should hold that a government contractor does not waive attorney-client privilege with respect to an internal investigation by complying with its regulatory obligation to disclose a potential violation and cooperate with government investigators.

Chamber of Commerce, et al. v. EPA (WOTUS Rule - Oklahoma District Court)

U.S. District Court for the Northern District of Oklahoma
Decided
December 23, 2019

Appellants file joint motion for voluntary dismissal in litigation over the Obama administration’s 2015 Waters of the United States (WOTUS) rule.  After the Trump administration’s rule rescinding the 2015 rule took effect on December 23, thus eliminating the 2015 WOTUS rule, the U.S. Chamber and its co-plaintiffs moved to dismiss their appeal regarding an injunction against the 2015 rule.  The Tenth Circuit subsequently dismissed the appeal as moot. 

Laurent v. PricewaterhouseCoopers LLP

U.S. Court of Appeals for the Second Circuit
Decided
December 23, 2019

Second Circuit vacates and remands decision regarding equitable remedies under ERISA and scope of fiduciary duties.  The U.S. Chamber led a coalition brief urging the contrary result.

Hunter v. EPA (WOTUS Rule - Tenth Circuit)

U.S. Court of Appeals for the Tenth Circuit
Resolved without decision
December 23, 2019

Appellants file joint motion for voluntary dismissal in litigation over the Obama administration’s 2015 Waters of the United States (WOTUS) rule.  After the Trump administration’s rule rescinding the 2015 rule took effect on December 23, thus eliminating the 2015 WOTUS rule, the U.S. Chamber and its co-plaintiffs moved to dismiss their appeal regarding an injunction against the 2015 rule.  The Tenth Circuit subsequently dismissed the appeal as moot. 

Hardeman v. Monsanto Co.

U.S. Court of Appeals for the Ninth Circuit
Pending
December 20, 2019

U.S. Chamber and PhRMA file amicus brief arguing that the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory labeling scheme that preempts conflicting state law labeling regimes.  We further urge the court to clarify that the Ninth Circuit does not have a different, laxer, standard for admitting expert opinion testimony under the Federal Rules of Civil Procedure that would allow juries to hear testimony that would be blocked in other parts of the country. 

Public Citizen, Inc. v. Trump

U.S. District Court for the District of Columbia
Decided
December 20, 2019

District Court grants motion to dismiss challenges brought to President Trump’s “2 for 1” Executive Order to reduce overregulation.  The District Court dismissed the complaints for lack of Article III injury.  The U.S. Chamber previously filed an amicus briefing, leading a coalition of business groups defending the Executive Order on the merits.

Russell v. Government Employees Insurance Company

U.S. Court of Appeals for the Ninth Circuit
Decided
December 16, 2019

Ninth Circuit blocks duplicative pay calculation in overtime class action.  The U.S. Chamber filed a brief supporting this outcome.

Rotkiske v. Klemm

U.S. Supreme Court
Decided
December 11, 2019

Supreme Court holds that the statute of limitations for Fair Debt Collection Practices Act (“FDCPA”) claims begins to run on the date the alleged FDCPA violation occurs, not the date on which the violation is discovered.  Significantly, the Court also rejected a general background discovery rule for federal statutes, explaining that if there are two plausible constructions of a statutory limitations period, the accrual rule governs.  The U.S. Chamber filed an amicus brief in support of both rulings. 

Snap Inc. v. Erickson

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

U.S. Chamber files amicus brief asking Ninth Circuit to grant Rule 23(f) petition to review district court order certifying a securities class action.

CTIA-The Wireless Association v. City of Berkeley, California

U.S. Supreme Court
Decided
December 9, 2019

Supreme Court denies cert. petition regarding the proper legal standard for compelled commercial speech.  The Chamber filed an amicus brief supporting cert.

International Brotherhood of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration

U.S. Court of Appeals for the Ninth Circuit
Pending
December 6, 2019

U.S. Chamber files amicus brief urging Ninth Circuit to uphold the Federal Motor Carrier Safety Administration’s determination that federal law preempts California’s meal and rest break rules as applied to commercial drivers operating in interstate commerce.

Muransky v. Godiva Chocolatier, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Pending
December 4, 2019

U.S. Chamber and other business groups file en banc amicus brief urging Eleventh Circuit to reject no-injury FACTA class action that had permitted class action settlement where the named class members had suffered no injury.  Previously, the Chamber filed two amicus briefs supporting rehearing and rehearing en banc.

Warner Chilcott (US), LLC v. City of Providence, A.F. OF L.

U.S. Court of Appeals for the First Circuit
Decided
December 3, 2019

First Circuit denies Rule 23(f) certification.  The U.S. Chamber filed an amicus brief urging the  First Circuit to clarify that district courts must provide a reasoned explanation for class-certification decisions in order to permit meaningful appellate review.  After the U.S. Chamber filed its brief, the district court issued a lengthy opinion.

Ipsen Biopharmaceuticals, Inc v. Azar

U.S. Court of Appeals for the District of Columbia Circuit
Decided
December 3, 2019

D.C. Circuit reverses district court and further clarifies what constitutes final agency action that’s reviewable in the courts.  The U.S. Chamber filed an amicus brief supporting this result.

House v. Akorn, Inc.

U.S. Court of Appeals for the Seventh Circuit
Pending
December 2, 2019

U.S. Chamber files amicus brief urging the Seventh Circuit to provide guidance for district courts to follow in policing against meritless merger-objection cases.

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