State Amicus

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People of the State of California v. Superior Court Los Angeles County (Cal Cartage Transportation Express)

California Court of Appeal
Decided
November 19, 2020

California Court of Appeal holds that statutory amendments implemented by California’s A.B. 5 are not preempted by the Federal Aviation Administration Act.  The U.S. Chamber filed an amicus brief opposing this outcome.

In re Southwestern Energy Co.

Texas Supreme Court
Pending
November 18, 2020

U.S. Chamber files coalition amicus brief urging Texas Supreme Court to direct Texas courts to apply federal standards when deciding motions to dismiss federal securities claims.

State of Louisiana v. Louisiana Land & Exploration Co.

Louisiana Supreme Court
Pending
November 17, 2020

U.S. Chamber files amicus brief urging Louisiana Supreme Court to reverse lower court ruling that upset a jury verdict and improperly held that statutory definitions passed years after parties entered into a contract altered obligations under the contract.  Previously, the U.S. Chamber filed an amicus brief supporting review.

Attorney General v. Facebook, Inc.

Massachusetts Supreme Judicial Court
Pending
November 13, 2020

U.S. Chamber leads coalition amicus brief in support of attorney-client privilege and work-product protection for communications and materials made in connection with internal corporate investigation.  Previously, the U.S. Chamber filed two amicus briefs in this case.

King v. U.S. Bank National Association

California Supreme Court
Decided
November 10, 2020

California Supreme Court denies review and depublication of decision that disincentivizes HR investigations, improperly expands the scope of conduct that can trigger punitive liability, and contravenes that court’s own recently clarified standard for reviewing whether a jury award was supported by clear and convincing evidence.  The U.S. Chamber filed an amicus letter opposing this result.

Smith v. Avis Rent A Car System, LLC

Georgia Supreme Court
Pending
November 3, 2020

U.S. Chamber files coalition amicus brief urging affirmance of lower court decision holding that a company is not liable where intervening criminal conduct was the proximate cause of a plaintiff’s injuries.  The U.S. Chamber previously filed an amicus brief when this case was before the Georgia Court of Appeals.

Johnson v. Avis Rent A Car System, LLC

Georgia Supreme Court
Pending
November 3, 2020

U.S. Chamber files coalition amicus brief urging affirmance of lower court decision holding that a company is not liable where intervening criminal conduct was the proximate cause of a plaintiff’s injuries.  The U.S. Chamber previously filed an amicus brief when this case was before the Georgia Court of Appeals.

Ingham v. Johnson & Johnson

Missouri Supreme Court
Decided
November 3, 2020

Missouri Supreme Court declines 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 opposing this result.

Intuit, Inc. v. 9,933 Individuals

California Court of Appeal
Pending
October 30, 2020

U.S. Chamber files amicus brief urging California Court of Appeal to hold that Federal Arbitration Act preempts California SB 707, which unlawfully targets arbitration agreements for disfavored treatment by imposing one-sided sanctions on their drafters.

Nemeth v. Brenntag North America

New York Court of Appeals
Pending
October 29, 2020

U.S. Chamber files coalition brief urging New York Court of Appeals to reverse decision admitting unreliable expert testimony and diluting trial judge’s gatekeeping responsibilities.  

Portland Pipe Line Corp. v. City of South Portland

Maine Supreme Court
Decided
October 29, 2020

Maine Supreme Judicial Court holds that local ordinance that prohibited bulk loading of crude oil onto marine vessels was not preempted by Maine’s comprehensive Coastal Conveyance Act.  The U.S. Chamber and business groups had submitted an amicus brief supporting preemption.  

Duncan v. Capital Region Landfills, Inc.

New York Supreme Court, Appellate Division
Pending
October 28, 2020

U.S. Chamber files amicus brief urging New York Supreme Court’s Appellate Division to reverse trial court order that failed to give meaning to New York’s special injury requirement for public nuisance claims by private parties. 

Davies v. S.A. Dunn & Co., LLC

New York Supreme Court, Appellate Division
Pending
October 23, 2020

U.S. Chamber files amicus brief urging New York Supreme Court’s Appellate Division to reverse trial court order that failed to give meaning to New York’s special injury requirement for public nuisance claims by private parties. 

People v. Lyft, Inc.; People v. Uber Technologies, Inc.

California Court of Appeal
Decided
October 22, 2020

California Court of Appeal affirms injunction requiring Uber and Lyft to reclassify their drivers as employees.  The U.S. Chamber filed multiple amicus briefs in this case, opposing this outcome.

Hammons v. Ethicon, Inc.

Pennsylvania Supreme Court
Decided
October 21, 2020

Pennsylvania Supreme Court holds that state court can exercise personal jurisdiction over products liability suit even though none of the conduct relevant to the elements of the plaintiff's claims occurred within the forum state.  The U.S. Chamber filed a coalition amicus brief opposing this result.

Mosley v. DaVita, Inc.

South Carolina Supreme Court
Decided
October 21, 2020

South Carolina Supreme Court dismisses as improvidently granted appeal from discovery order.  The U.S. and South Carolina Chambers had submitted an amicus brief urging the Court to clarify the grounds for appealing a discovery order. 

Chavez v. Occidental Chemical Corp.

New York Court of Appeals
Decided
October 20, 2020

New York Court of Appeals recognizes cross-jurisdictional class-action tolling, but also holds that a non-merits dismissal or denial of class certification ends tolling and restarts the limitations clock. The U.S. Chamber filed an amicus brief urging the court to entirely reject cross-jurisdictional class-action tolling.

Oklahoma v. Johnson & Johnson

Oklahoma Supreme Court
Pending
October 19, 2020

U.S. Chamber files coalition amicus brief urging Oklahoma Supreme Court to reverse $465 million judgment that, based on a radically expansive theory of public nuisance, held a single defendant liable for statewide opioid crisis.

Buchanan v. General Motors, LLC

Georgia Court of Appeals
Pending
October 15, 2020

U.S. Chamber files amicus brief urging Georgia Court of Appeals to adopt the apex-deposition doctrine, which protects corporate CEOs without unique relevant knowledge from abusive and unnecessary discovery.

In re Versum Materials International, Inc. Stockholder Litigation

Delaware Supreme Court
Pending
October 8, 2020

U.S. Chamber files amicus brief arguing that Delaware Supreme Court should reverse $12 million “mootness fee” in securities litigation suit and impose meaningful limits on efforts to seek such awards.

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