State Amicus

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Grant v. Global Aircraft Dispatch

New York Supreme Court, Appellate Division
Pending
April 29, 2022

U.S. Chamber files coalition amicus brief urging New York appellate court to affirm that there is no private right of action (and thus no liquidated damages) for violations of New York labor law that provides for weekly payment of manual workers.  The brief highlights the tidal wave of class action litigation spurred by a recent state court decision recognizing such a right and emphasizes the threat to employers, especially small business, given the potentially massive liability.  

U.S. Bank, N.A. v. Superior Court for the City and County of San Francisco; JP Morgan Chase Bank, N.A. v. Superior Court of California, City & County of San Francisco

California Court of Appeal
Pending
April 27, 2022

U.S. Chamber files coalition amicus brief urging California Court of Appeal to dismiss litigation brought under state False Claims Act (FCA) for purported violation of California’s Unclaimed Property Law (UPL).  The brief argues that the UPL, the state FCA, and due process principles each require the conclusion that a private party may not pursue a California FCA lawsuit for an alleged UPL violation unless the State Controller provided the defendant with notice of the alleged violation and the chance to correct any errors.  The U.S. Chamber previously filed coalition amicus letters urging the California Court of Appeal to grant review.

U.S. Bank, N.A. v. Superior Court for the City and County of San Francisco; JP Morgan Chase Bank, N.A. v. Superior Court of California, City & County of San Francisco

California Court of Appeal
Pending
April 27, 2022

U.S. Chamber files coalition amicus brief urging California Court of Appeal to dismiss litigation brought under state False Claims Act (FCA) for purported violation of California’s Unclaimed Property Law (UPL).  The brief argues that the UPL, the state FCA, and due process principles each require the conclusion that a private party may not pursue a California FCA lawsuit for an alleged UPL violation unless the State Controller provided the defendant with notice of the alleged violation and the chance to correct any errors.  The U.S. Chamber previously filed coalition amicus letters urging the California Court of Appeal to grant review.

Nemeth v. Brenntag North America

New York Court of Appeals
Decided
April 27, 2022

New York Court of Appeals dismisses asbestos claim, holding that plaintiff’s unreliable expert testimony failed to demonstrate a level of exposure necessary to establish causation. The U.S. Chamber filed a coalition amicus brief supporting this outcome.

U.S. Bank, N.A. v. Superior Court for the City and County of San Francisco; JP Morgan Chase Bank, N.A. v. Superior Court of California, City & County of San Francisco

California Court of Appeal
Pending
April 27, 2022

U.S. Chamber files coalition amicus brief urging California Court of Appeal to dismiss litigation brought under state False Claims Act (FCA) for purported violation of California’s Unclaimed Property Law (UPL).  The brief argues that the UPL, the state FCA, and due process principles each require the conclusion that a private party may not pursue a California FCA lawsuit for an alleged UPL violation unless the State Controller provided the defendant with notice of the alleged violation and the chance to correct any errors.  The U.S. Chamber previously filed coalition amicus letters urging the California Court of Appeal to grant review.

Nemeth v. Brenntag North America

New York Court of Appeals
Decided
April 27, 2022

New York Court of Appeals dismisses asbestos claim, holding that plaintiff’s unreliable expert testimony failed to demonstrate a level of exposure necessary to establish causation. The U.S. Chamber filed a coalition amicus brief supporting this outcome.

In re First Reserve Management, L.P.

Texas Supreme Court
Pending
April 21, 2022

U.S. Chamber files coalition amicus letter urging Texas Supreme Court to grant mandamus and dismiss corporate veil-piercing claims against investors based on ordinary private-equity oversight practices.

People of New York v. Sotheby's, Inc.

New York Supreme Court, Appellate Division
Decided
April 14, 2022

New York appellate court affirms trial court decision denying defendant’s motion to dismiss state False Claims Act suit, holding that state Attorney General had adequately alleged (1) that defendant had actual knowledge of violation of state tax law and (2) that defendant had not acted in good faith.  The U.S. Chamber filed an amicus brief supporting dismissal. 

People of New York v. Sotheby's, Inc.

New York Supreme Court, Appellate Division
Decided
April 14, 2022

New York appellate court affirms trial court decision denying defendant’s motion to dismiss state False Claims Act suit, holding that state Attorney General had adequately alleged (1) that defendant had actual knowledge of violation of state tax law and (2) that defendant had not acted in good faith.  The U.S. Chamber filed an amicus brief supporting dismissal. 

California v. Johnson & Johnson

California Court of Appeal
Decided
April 11, 2022

California Court of Appeal holds that California’s Unfair Competition Law did not require a product manufacturer to disclose all risks associated with its product, but that defendants were nonetheless liable on the facts of the case.  The U.S. Chamber filed a coalition amicus brief arguing that the trial court had improperly applied an “all risks” standard.

California v. Johnson & Johnson

California Court of Appeal
Decided
April 11, 2022

California Court of Appeal holds that California’s Unfair Competition Law did not require a product manufacturer to disclose all risks associated with its product, but that defendants were nonetheless liable on the facts of the case.  The U.S. Chamber filed a coalition amicus brief arguing that the trial court had improperly applied an “all risks” standard.

In the Matter of the Equalization Appeal of Walmart Stores, Inc.

Kansas Supreme Court
Pending
April 8, 2022

U.S. Chamber files amicus brief urging Kansas Supreme Court to reject efforts by property tax assessors to incorporate the value of business efforts into the appraised value of commercial property.

JMM Manufacturing Co., Inc. v. Superior Court Los Angeles County

California Court of Appeal
Decided
April 1, 2022

California Court of Appeal denies mandamus petition to compel the filing of unredacted pleadings in a case alleging egregious misconduct by a plaintiffs’ law firm, but without prejudice to considering that question on the merits in a subsequent appeal.  The U.S. Chamber filed an amicus letter supporting mandamus.

JMM Manufacturing Co., Inc. v. Superior Court Los Angeles County

California Court of Appeal
Decided
April 1, 2022

California Court of Appeal denies mandamus petition to compel the filing of unredacted pleadings in a case alleging egregious misconduct by a plaintiffs’ law firm, but without prejudice to considering that question on the merits in a subsequent appeal.  The U.S. Chamber filed an amicus letter supporting mandamus.

Patel v. 7-Eleven, Inc.

Massachusetts Supreme Judicial Court
Decided
March 24, 2022

Massachusetts Supreme Judicial Court holds that the state’s three-prong independent contractor test applies to the franchise relationship.  The U.S. Chamber filed a brief opposing this outcome.  

Patel v. 7-Eleven, Inc.

Massachusetts Supreme Judicial Court
Decided
March 24, 2022

Massachusetts Supreme Judicial Court holds that the state’s three-prong independent contractor test applies to the franchise relationship.  The U.S. Chamber filed a brief opposing this outcome.  

Lowe’s Home Centers, LLC v. City of Delavan

Wisconsin Supreme Court
Pending
March 16, 2022

U.S. Chamber files amicus brief urging Wisconsin Supreme Court to reject efforts by property tax assessors to incorporate the value of business efforts into the appraised value of commercial property.

Skillett v. Allstate Fire and Casualty Insurance Co.

Colorado Supreme Court
Decided
March 14, 2022

Colorado Supreme Court unanimously holds that an employee of an insurance company who adjusts an insured’s claim in the course of employment may not for that reason be liable personally for statutory bad faith.  The U.S. Chamber filed an amicus brief supporting this outcome.

Skillett v. Allstate Fire and Casualty Insurance Co.

Colorado Supreme Court
Decided
March 14, 2022

Colorado Supreme Court unanimously holds that an employee of an insurance company who adjusts an insured’s claim in the course of employment may not for that reason be liable personally for statutory bad faith.  The U.S. Chamber filed an amicus brief supporting this outcome.

Britton v. Seneca Meadows, Inc.

New York Supreme Court, Appellate Division
Decided
March 11, 2022

New York Supreme Court Appellate Division holds that class action plaintiffs’ lawyers committed ethical violations but declines to require trial court to revoke their pro hac admissions for these violations.  The U.S. Chamber filed a brief opposing this outcome.

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