State Amicus

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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 against defendants, and imposed a recalculated $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 in which the court refused 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.

American Chemistry Council v. Office of Environmental Health Hazard Assessment

California Court of Appeal
Decided
June 10, 2020

California Court of Appeal issues unpublished decision 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.

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.

Attorney General’s Office v. Facebook, Inc.

Massachusetts Supreme Judicial Court
Pending
May 13, 2020

Massachusetts Supreme Judicial Court grants application for direct review of discovery order compelling Facebook to produce privileged materials surrounding internal investigation.  The U.S. Chamber filed an amicus brief supporting this result.

Independent Insurance Agents and Brokers of New York, Inc. v. New York Department of Financial Services

New York Supreme Court, Appellate Division
Pending
May 4, 2020

U.S. Chamber files amicus brief in support of challenge to New York Regulation 187, arguing that the New York Department of Financial Services failed to adequately consider the costs of the Amendment.

Morrisey v. West Virginia AFL-CIO

West Virginia Supreme Court of Appeals
Decided
April 21, 2020

West Virginia Supreme Court of Appeals upholds West Virginia’s right-to-work law under the state constitution.  The U.S. Chamber filed an amicus brief supporting this outcome.

Coffman v. Armstrong International, Inc.

Tennessee Supreme Court
Pending
April 13, 2020

U.S. Chamber joins coalition brief urging Tennessee Supreme Court to clarify that manufacturers of “bare metal” equipment cannot be liable for injuries caused by asbestos products added to their equipment by others.

Amgen, Inc. v. California Correctional Health Care Services

California Court of Appeal
Decided
April 9, 2020

California Court of Appeal reverses trial court order enjoining the government from disclosing price increase information in response to a California Public Records Act request.  The Court of Appeal held that the pharmaceutical manufacturer failed to show that its price increase information was still a trade secret after disclosure to registered purchasers.  The U.S. Chamber filed a coalition amicus brief opposing this outcome.

Toyota Motor Sales, U.S.A., Inc. v. Reavis

Texas Court of Appeals
Pending
April 1, 2020

U.S. Chamber files amicus brief urging the Texas Court of Appeals to reverse a multimillion dollar judgment because the jury was permitted to consider irrelevant and inflammatory character evidence in the form of a deferred prosecution agreement.

Attorney General v. Facebook, Inc.

Massachusetts Appeals Court
Decided
March 30, 2020

Single justice of Massachusetts Appeals Court denies emergency stay pending appeal of discovery order compelling the production of privileged materials surrounding internal investigation.  The U.S. Chamber filed an amicus brief opposing this outcome.

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