State Amicus

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

Michigan Supreme Court
Decided
March 25, 2020

Michigan Supreme court vacates lower court opinion that disregarded traditional duty principles and would have created an expansive new theory of tort liability in Michigan.  The U.S. Chamber filed an amicus brief urging supporting this outcome. 

City of Warren Police and Fire Retirement System v. Natera Inc.

California Court of Appeal
Decided
March 23, 2020

California Court of Appeal publishes its opinion addressing what kinds of statements and omissions may make a registration statement misleading under Section 11 of the Securities Act.  The U.S. Chamber filed an amicus letter supporting this outcome.

Suzuki Motorcycle Corp. v. Winckler

Florida Supreme Court
Pending
March 19, 2020

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

Salzberg v. Sciabacucchi

Delaware Supreme Court
Decided
March 18, 2020

Delaware Supreme Court unanimously upholds legality of corporate bylaws requiring claims under the Securities Act of 1933 to be brought in federal court instead of state court.  This significant decision will enable companies incorporated in Delaware to avoid state court litigation under the Securities Act, thus minimizing the impact of the Cyan decision from the U.S. Supreme Court.  The U.S. Chamber filed an amicus brief supporting this outcome.

New Mexico ex rel. Balderas v. Bristol-Myer Squibb Co.

New Mexico Supreme Court
Decided
March 16, 2020

New Mexico Supreme Court grants review of lower court decision refusing to apply res judicata rules to dismiss successive lawsuit brought under state False Claims Act.  The U.S. Chamber filed an amicus brief in support of this outcome. 

Buchanan v. General Motors, LLC

Georgia Court of Appeals
Pending
March 13, 2020

Georgia Court of Appeals grants General Motors’ application for interlocutory appeal of order compelling the company’s CEO to sit for deposition.  The U.S. Chamber filed an amicus brief supporting interlocutory review.

Chavez v. Occidental Chemical Corp.

New York Court of Appeals
Pending
March 13, 2020

U.S. Chamber files amicus brief at merits stage in New York Court of Appeals in case concerning whether New York should adopt cross-jurisdictional tolling of the statute of limitations in class action litigation.  The U.S. Chamber’s brief argues that there is no warrant for cross-jurisdictional tolling and, in any event, only the legislature, not the courts, can adopt cross-jurisdictional tolling.

Kim v. Reins International California, Inc.

California Supreme Court
Decided
March 12, 2020

California Supreme Court holds that settlement of an individual claim for labor code violations does not deprive an employee of standing to pursue a claim on behalf of the state under the California Private Attorneys General Act.  The U.S. Chamber filed an amicus brief urging the opposite result.

Attorney General v. Facebook, Inc.

Massachusetts Appeals Court
Pending
March 11, 2020

U.S. Chamber files amicus brief urging Massachusetts Appeals Court to grant emergency stay pending appeal of discovery order compelling Facebook to produce privileged materials surrounding internal investigation.

Facebook, Inc. v. Superior Court of San Francisco

California Court of Appeal
Decided
March 6, 2020

California Court of Appeal grants request to publish its opinion limiting a criminal defendant’s ability to compel production of private stored communications from a service provider.  The U.S. Chamber filed an amicus brief supporting publication.

Bolger v. Amazon.com LLC

California Court of Appeal
Pending
March 3, 2020

U.S. Chamber files amicus brief urging California Court of Appeal to affirm lower court’s refusal to expand strict liability to companies that facilitate sales between consumers and third-parties.  

McClay v. Airport Management Services, LLC

Tennessee Supreme Court
Decided
February 26, 2020

Tennessee Supreme Court upholds constitutionality of state noneconomic damages cap for personal-injury cases.  The U.S. Chamber filed a coalition amicus brief supporting this outcome.

Roverano v. John Crane, Inc.

Pennsylvania Supreme Court
Decided
February 19, 2020

Supreme Court of Pennsylvania rejects fair apportionment of liability among strictly liable defendants under the Fair Share Act.  

Frlekin v. Apple, Inc.

California Supreme Court
Decided
February 13, 2020

California Supreme Court holds that employee time spent undergoing exit searches of bags, packages, and personal devices is compensable as “hours worked” under California’s wage-and-hour law.  The U.S. Chamber and a coalition of business groups filed an amicus brief opposing this result.

Doe v. Lyft, Inc.

Illinois Court of Appeals
Pending
February 3, 2020

U.S. Chamber files amicus brief in support of the constitutionality of Illinois’ Transportation Network Provider Act, arguing it is not “special legislation” for the General Assembly to create a different regulatory scheme for transportation network companies that is distinct from regulation for common carriers.

Briggs v. Southwestern Energy Production Company

Pennsylvania Supreme Court
Decided
January 31, 2020

Supreme Court of Pennsylvania holds “rule of capture” applies to unconventional oil & gas development, reversing lower court’s conclusion that the use of hydraulic fracturing alters the rule or necessarily involves trespass on adjacent property.  The U.S. Chamber filed an amicus brief supporting this result. 

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

Texas Supreme Court
Decided
January 31, 2020

Texas Supreme Court affirms that parties can conclusively negate the formation of a partnership under Texas’ de facto partnership law through contractual conditions precedent.  The U.S. Chamber filed an amicus brief supporting this result. 

Normand v. Wal-Mart.com USA, LLC

Louisiana Supreme Court
Decided
January 29, 2020

Louisiana Supreme Court holds that Walmart is not liable for the collection of taxes on sales by third parties using Walmart’s online marketplace, reversing Court of Appeal’s holding to the contrary.  The U.S. Chamber filed an amicus brief urging the Louisiana Supreme Court to grant cert. to review the lower court decision, and another amicus brief at the merits stage urging reversal. 

State of Ohio v. Volkswagen Aktiengesellschaft

Ohio Supreme Court
Pending
January 24, 2020

U.S. Chamber and business groups file amicus brief urging Ohio Supreme Court to accept jurisdiction over a lower court decision that failed to enforce the Clean Air Act’s preemption of state and municipal enforcement against model-wide changes in vehicle emissions controls and software, which are comprehensively regulated by the U.S. EPA. 

Commonwealth of Pennsylvania v. Chesapeake Energy Corp.

Pennsylvania Supreme Court
Pending
January 9, 2020

U.S. Chamber files amicus brief urging the Pennsylvania Supreme Court to reject the Pennsylvania Attorney General’s attempt to transform the Unfair Trade Practices and Consumer Protection Law into a vehicle for pursuing antitrust claims and remedies. 

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