State Amicus

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WilsonArt, LLC v. Lopez

Florida Supreme Court
Pending
December 13, 2019

U.S. Chamber files amicus brief in Florida civil procedure case

Stiner v. Amazon.com, Inc.

Ohio Supreme Court
Pending
December 12, 2019

U.S. and Ohio Chambers of Commerce file amicus brief urging Ohio Supreme Court to affirm lower court’s interpretation of Ohio Products Liability Law to not impose strict products liability on companies who facilitate sales between third parties.

Luciano v. SprayFoamPolymers.com, LLC

Texas Supreme Court
Pending
December 10, 2019

U.S. Chamber files brief urging Texas Supreme Court to reject overly expansive approach to stream-of-commerce jurisdiction and require a substantial causal connection between the defendant’s forum contacts and the plaintiff’s asserted claim for specific personal jurisdiction.

Berg v. Colgate-Palmolive Co.

California Court of Appeals
Decided
November 25, 2019

California Court of Appeal grants request to publish its opinion affirming summary judgment in a talc case based on insufficient evidence of causation.  The U.S. Chamber filed an amicus brief supporting publication.

Vazquez v. Jan-Pro Franchising International, Inc.

California Supreme Court
Pending
November 20, 2019

California Supreme Court accepts certification from Ninth Circuit of question concerning whether Dynamex decision applies retroactively under California law.  The U.S. Chamber filed an amicus brief in the California Supreme Court urging the court to accept the certification from the Ninth Circuit and filed an additional brief supporting a petition for rehearing in the Ninth Circuit. 

Ford Motor Co. v. Hill

Georgia Supreme Court
Decided
November 18, 2019

Georgia Supreme court denies petition for certiorari, declining to review “death penalty sanctions” ordered by trial court.  The U.S. Chamber previously filed two briefs in this case when it was before the Georgia Court of Appeals.

In re Toyota Motors Sales, U.S.A., Inc.

Texas Supreme Court
Decided
November 15, 2019

In the face of a petition for writ of mandamus, plaintiffs concede that protective order applies on appeal to confidential trade secret information produced in discovery but not used by plaintiffs at trial.  The U.S. Chamber filed an amicus brief in support of the petition, which sought reversal of the Court of Appeal’s decision that the information was not subject to the protective order. 

Avis Rent A Car System, LLC v. Johnson

Georgia Court of Appeals
Decided
October 31, 2019

Georgia Court of Appeals reverses lower court judgment and holds that a company is not liable where intervening criminal conduct was the proximate cause of a plaintiff’s injuries.  The U.S. Chamber filed an amicus brief urging this result. 

Avis Rent A Car System, LLC v. Smith

Georgia Court of Appeals
Decided
October 31, 2019

Georgia Court of Appeals reverses lower court judgment and holds that a company is not liable where intervening criminal conduct was the proximate cause of a plaintiff’s injuries.  The U.S. Chamber filed an amicus brief urging this result. 

Busch v. McInnis Waste Systems, Inc.

Oregon Supreme Court
Pending
October 24, 2019

U.S. Chamber and aligned business and professional groups urge Oregon Supreme Court to uphold statutory limits on noneconomic damages.  

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.

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. 

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.

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.

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