State Amicus

Results are sorted by the date of most recent activity.

Vazquez v. Jan-Pro Franchising International, Inc.

California Supreme Court
Pending
October 16, 2019

U.S. Chamber files amicus brief urging California Supreme Court to accept the Ninth Circuit’s certification request and hold that its opinion in Dynamex does not apply retroactively.  Previously, the U.S. Chamber filed a brief supporting a petition for rehearing en banc in the Ninth Circuit.

T.B. v. O.B.

California Supreme Court
Pending
October 11, 2019

U.S. Chamber files amicus brief in the California Supreme Court arguing that appellate courts should consider the clear and convincing evidence standard on appeal when determining whether substantial evidence supports a finding governed by that standard.

Sandoval v. Qualcomm, Inc.

California Supreme Court
Pending
October 4, 2019

U.S. Chamber files amicus brief urging California Supreme Court to hold that a hirer of a contractor cannot be held liable under a retained-control theory based solely on the hirer’s failure to undertake a safety measure it never promised the contractor it would perform.

Salzberg v. Sciabacucchi

Delaware Supreme Court
Pending
September 27, 2019

U.S. Chamber files amicus brief in Delaware Supreme Court arguing that Delaware law permits corporations to adopt charter provisions that require shareholders to bring claims under the Securities Act of 1933 in federal court, rather than in state court.

Energy Transfer Partners, L.P. v. Enterprise Products Partners, L.P.

Texas Supreme Court
Pending
September 27, 2019

U.S. Chamber leads coalition amicus brief urging Texas Supreme Court to hold that Texas law creating de facto partnerships does not trump the clear and unambiguous terms of contracts that otherwise would avoid creating a partnership. 

Amgen, Inc. v. California Correctional Health Care Services

California Court of Appeals
Pending
September 25, 2019

U.S. Chamber leads coalition amicus brief in California Court of Appeal, arguing that a trade-secret owner may preclude the government from disclosing trade-secret information in response to a California Public Records Act request.

Robertson v. Johnson, U-Haul Co. of Michigan

Michigan Supreme Court
Pending
September 18, 2019

U.S. Chamber urges Michigan’s Supreme Court to grant leave to appeal lower court’s decision holding lessors of personal property—in this case, truck rental companies—liable for injuries caused by unauthorized drivers.  The U.S. Chamber’s brief argues that the court’s decision disregards traditional duty principles in creating an expansive new theory of tort liability in Michigan.

Ingham v. Johnson & Johnson

Missouri Court of Appeals
Pending
September 6, 2019

U.S. Chamber and Missouri Chamber file amicus brief urging reversal of $4.7 billion trial verdict in talc litigation.  The brief argues that that there was no personal jurisdiction in Missouri over out-of-state plaintiffs’ claims, that joinder of 22 plaintiffs’ claims was improper, and that punitive damages award was unconstitutional.

Burningham v. Wright Medical Group, Inc.

Utah Supreme Court
Decided
September 5, 2019

Utah Supreme Court holds that FDA authorization of medical devices through the 510(k) process may be an affirmative defense to strict liability claims.  The U.S. Chamber had submitted an amicus brief urging the court to recognize the 510(k) process as shielding manufacturers from strict liability claims. 

Gregg v. Ameriprise Financial, Inc.

Pennsylvania Supreme Court
Pending
September 5, 2019

U.S. Chamber files amicus brief urging the Pennsylvania Supreme Court to reverse a lower court decision holding that strict liability applies to claims under the “catch all” provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law.

Rodriguez v. Ford Motor Co. (II)

New Mexico Supreme Court
Pending
August 19, 2019

U.S. Chamber files merits stage amicus brief in personal jurisdiction case in New Mexico Supreme Court, arguing that the court of appeals erred in concluding that registration to do business in New Mexico sufficed to subject foreign company to personal jurisdiction in New Mexico.  The U.S. Chamber previously filed an amicus brief in support of review, which the New Mexico Supreme Court granted and vacated the court of appeal’s earlier ruling on personal jurisdiction.

Skuse v. Pfizer, Inc.

New Jersey Supreme Court
Pending
August 16, 2019

U.S. Chamber files amicus brief in New Jersey Supreme Court in support of enforceability of arbitration agreement, arguing that appellate court impermissibly imposed heightened requirements on assent to arbitration agreements by employee.

Bandemer v. Ford Motor Co.

Minnesota Supreme Court
Decided
July 31, 2019

Divided Minnesota Supreme Court holds state courts have specific personal jurisdiction over out-of-state company in tort case concerning vehicle designed in Michigan, assembled in Canada, and sold in North Dakota.  The U.S. Chamber filed an amicus brief in opposition to this outcome. 

Younkin v. Blackwelder

Florida Supreme Court
Pending
July 22, 2019

U.S. Chamber and Florida Justice Reform Initiative file amicus brief urging Florida Supreme Court to reject disparate treatment against defendants and in favor of plaintiffs under Worley regarding discovery into financial connections between plaintiffs and physicians.

McClay v. Airport Management Services, LLC

Tennessee Supreme Court
Pending
July 10, 2019

U.S. Chamber files coalition amicus brief urging Tennessee Supreme Court to reject state constitutional challenge to Tennessee’s statutory cap on noneconomic and punitive damages.

Normand v. Wal-Mart.com USA, LLC

Louisiana Supreme Court
Pending
June 21, 2019

U.S. Chamber files merits brief urging Louisiana Supreme Court to reverse appellate court’s decision authorizing parishes to require online platforms to collect tax on third-party transactions.  Previously, the Chamber filed an amicus brief supporting the writ petition.

Hammons v. Ethicon, Inc.

Pennsylvania Supreme Court
Pending
June 21, 2019

U.S. Chamber leads coalition amicus brief urging Pennsylvania Supreme Court to reject personal jurisdiction over products-liability suit with no direct connection to Pennsylvania.

Morrisey v. West Virginia AFL-CIO

West Virginia Supreme Court of Appeals
Pending
June 18, 2019

U.S. Chamber files brief urging West Virginia Supreme Court of Appeals to uphold West Virginia’s right-to-work law under the state constitution.

Mayberry v. Shepherd

Kentucky Supreme Court
Pending
June 13, 2019

U.S. Chamber files brief urging Kentucky Supreme Court to affirm dismissal of uninjured plaintiffs’ claims for lack of standing under the state constitution.

Avis Rent A Car System, LLC v. Johnson

Georgia Court of Appeals
Pending
June 7, 2019

U.S. and Georgia Chambers file amicus briefs urging Georgia Court of Appeals to reverse lower court decision that rejected standard principles of duty and would expand liability to actions of third parties who steal a defendant’s property and injure others with it.

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