State Amicus

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Ingham v. Johnson & Johnson

Missouri Court of Appeals
Decided
July 28, 2020

 Missouri Court of Appeals denies transfer to Missouri Supreme Court to review decision affirming personal jurisdiction over some non-residents’ claims against non-resident defendant and imposing $2.24 billion judgment in talc litigation.  The U.S. Chamber filed a coalition amicus brief supporting transfer.

T.B. v. O.B.

California Supreme Court
Decided
July 27, 2020

California Supreme Court holds that clear-and-convincing-evidence standard does not disappear on appeal.  Instead, when reviewing a finding that must be proven by clear and convincing evidence, an appellate court must determine whether there was sufficient evidence to satisfy that heightened standard.  The California Supreme Court’s reasoning generally tracked the Chamber’s amicus brief, and it relied on several out-of-state decisions cited only in our brief.

California v. Uber Technologies, Inc.

Superior Court of the State of California
Pending
July 24, 2020

U.S. Chamber files coalition brief urging trial court to deny California Attorney General’s request for preliminary injunction forcing Uber and Lyft to reclassify their drivers as employees.

Walsh v. BASF Corp.

Pennsylvania Supreme Court
Decided
July 21, 2020

Pennsylvania Supreme court issues 4-3 opinion affirming an intermediate appellate court’s reversal of a defense judgement that was based on exclusion of plaintiff’s experts under Pennsylvania’s Frye test; however, the court remanded to trial court for consideration of renewed Frye arguments.  The U.S. Chamber had filed a coalition amicus brief urging the court to reverse the appellate court’s flawed Frye analysis.  

Mayberry v. Shepherd

Kentucky Supreme Court
Decided
July 9, 2020

Kentucky Supreme Court holds that defined-benefit pension holders facing no risk of diminished benefits lack standing under the Kentucky constitution to sue plan trustees, officers, and private money managers for breach of fiduciary duty and mismanagement. The U.S. Chamber filed an amicus brief supporting this outcome.

Busch v. McInnis Waste Systems, Inc.

Oregon Supreme Court
Decided
July 9, 2020

Oregon Supreme Court invalidates statutory limits on noneconomic damages for personal injury claims.  The U.S. Chamber submitted an amicus brief opposing this result.

Amgen, Inc. v. California Correctional Health Care Services

California Supreme Court
Pending
July 8, 2020

U.S. Chamber files amicus letter urging California Supreme Court to review whether a trade-secret owner may preclude the government from disclosing trade-secret information in response to a California Public Records Act request.  Previously, the U.S. Chamber filed an amicus letter when this case was before the California Court of Appeal.

American Chemistry Council v. Office of Environmental Health Hazard Assessment

California Court of Appeal
Decided
July 8, 2020

California Court of Appeal grants a request to publish its opinion upholding the Office of Environmental Health Hazard Assessment’s listing of diisononyl phthalate under California’s Proposition 65. The U.S. Chamber filed an amicus brief opposing this outcome.

Mosley v. DaVita, Inc.

South Carolina Supreme Court
Pending
June 30, 2020

U.S. and South Carolina Chambers file amicus brief urging South Carolina Supreme Court to clarify that, in some circumstances, interlocutory appeals can be brought against abusive discovery orders.

Ingham v. Johnson & Johnson

Missouri Court of Appeals
Decided
July 2, 2020

Missouri Court of Appeals reverses trial court in part, holding that the court lacked personal jurisdiction over some non-residents’ claims, and imposes a reduced $2.24 billion dollar judgment in talc litigation.  The U.S. Chamber and Missouri Chamber filed an amicus brief supporting this outcome on personal jurisdiction but opposing the imposition of excessive punitive damages.

Handoush v. Lease Finance Group, LLC

California Supreme Court
Pending
June 30, 2020

U.S. Chamber files coalition amicus letter urging the California Supreme Court to depublish a lower court opinion refusing to enforce a New York forum selection clause because the contract also contained a jury trial waiver.

Abbott Laboratories v. Superior Court

California Supreme Court
Decided
June 25, 2020

California Supreme Court holds that California’s Unfair Competition Law permits a district attorney to bring a claim for civil penalties for violations occurring outside the borders of his or her county.  The U.S. Chamber filed an amicus brief opposing this outcome.

Murray v. American LaFrance

Pennsylvania Superior Court
Decided
June 25, 2020

Pennsylvania Superior Court affirms dismissal of plaintiffs' lawsuit, holding that they failed to preserve consent-by-registration theory of general personal jurisdiction. The court did not address the merits of that theory, which the U.S. Chamber opposed in an amicus brief.

State of Ohio v. Volkswagen Aktiengesellschaft

Ohio Supreme Court
Pending
June 22, 2020

U.S. Chamber files coalition amicus brief urging Ohio Supreme Court to recognize that the Clean Air Act preempts state-law claims against auto manufacturers arising from model-wide changes to vehicle emissions systems.  Previously, the U.S. Chamber filed a coalition brief encouraging the court to accept jurisdiction over the appeal, which it did.

Schaumberg v. Parish of Jefferson

Louisiana Supreme Court
Pending
June 16, 2020

U.S. Chamber and Louisiana Association of Business & Industry file amicus brief urging Louisiana Supreme Court to accept application to review a lower court ruling that allowed nuisance claims preempted by state regulatory regimes to proceed. 

Portland Pipe Line Corp. v. City of South Portland

Maine Supreme Court
Pending
June 12, 2020

U.S. Chamber files coalition brief urging Maine Supreme Judicial Court to recognize Coastal Conveyance Act preempts local ordinances that conflict with its state-wide regulation of safe loading and unloading of oil on Maine’s shores.  Previously, the Chamber filed amicus briefs when this case was before the First Circuit and the District Court.

State of Louisiana v. Louisiana Land & Exploration Co.

Louisiana Supreme Court
Pending
June 9, 2020

U.S. Chamber submits amicus brief urging Louisiana Supreme Court to review lower court opinion that overturned a jury verdict based, in part, on wrongfully treating terms in a statute as revising the meaning of a contract entered into long before the statute was written.

Emerson Electric Co. v. Johnson

Texas Supreme Court
Pending
June 5, 2020

Texas Supreme Court grants petition to review whether juries should be instructed on all relevant factors in failure-to-warn cases and whether the lower court’s expansive view of duty to warn of known risks should be reversed.  The U.S. Chamber filed an amicus brief supporting review.  

Title Source, Inc. v. HouseCanary Analytics, Inc.

Texas Appeals Court
Decided
June 3, 2020

Texas Fourth Court of Appeals reverses fraud and trade secrets verdict, remands for new trial.  The U.S. Chamber had submitted an amicus brief urging the court to rigorously review excessive punitive damages award.  Given the court’s ruling, it did not address the propriety of the punitive damages.

Yebuah v. Center for Urological Treatment, PLC

Tennessee Court of Appeals
Decided
May 28, 2020

Tennessee Court of Appeals upholds constitutionality of state cap on noneconomic damages.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

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