State Amicus

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California v. DoorDash, Inc.

Superior Court of the State of California
Pending
September 17, 2020

U.S. Chamber files amicus brief urging trial court to deny San Francisco district attorney’s request for a preliminary injunction forcing DoorDash to reclassify its delivery workers as employees.

American Chemistry Council v. Office of Environmental Health Hazard Assessment

California Supreme Court
Pending
September 9, 2020

U.S. Chamber and California Chamber file letter brief urging California Supreme Court to grant review of case addressing standard for listing substances under California’s Proposition 65.  The U.S. Chamber previously filed an amicus brief when this case was before the California Court of Appeal.

Schaumberg v. Parish of Jefferson

Louisiana Supreme Court
Decided
September 8, 2020

Louisiana Supreme Court refuses to review lower court decision that improperly allowed nuisance claims preempted by state regulatory regimes to proceed.  The U.S. Chamber had filed an amicus brief urging the court to take review.

Mortimer v. McCool

Pennsylvania Supreme Court
Pending
September 8, 2020

U.S. Chamber files coalition brief urging Pennsylvania Supreme Court to reject “enterprise” and “single entity” theories for piercing the corporate veil between “sister” companies.

West Virginia-American Water Co. v. Webster

West Virginia Supreme Court of Appeals
Pending
September 1, 2020

U.S. Chamber files coalition amicus brief urging West Virginia Supreme Court of Appeals to decertify liability-only issues class action against private water utility because individualized injury questions predominate.

Amgen, Inc. v. California Correctional Health Care Services

California Supreme Court
Decided
August 26, 2020

California Supreme Court denies review of decision holding that pharmaceutical company may not preclude the government from disclosing sensitive drug pricing information in response to California Public Records Act request.  The U.S. Chamber filed an amicus letter urging the court to grant review, and also filed an amicus brief when this case was before the California Court of Appeal.

Devey v. Johnson & Johnson

South Carolina Supreme Court
Decided
August 28, 2020

The parties settled this case, and the South Carolina Supreme Court granted their joint motion to dismiss.  The U.S. Chamber filed an amicus brief urging the South Carolina Supreme Court to vacate a trial court’s order consolidating two asbestos cases for trial.

Dunn v. Genzyme

Massachusetts Supreme Judicial Court
Pending
August 21, 2020

U.S. Chamber files coalition amicus brief urging Massachusetts Supreme Judicial Court to reverse trial court’s order allowing plaintiff’s vague and conclusory products liability claims to proceed to discovery.

Kauders v. Uber Technologies, Inc.

Massachusetts Supreme Judicial Court
Pending
August 20, 2020

U.S. Chamber files amicus brief urging Massachusetts Supreme Judicial Court to enforce online arbitration agreement and apply the same consent standard used for paper contracts.

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

California Court of Appeal
Pending
August 20, 2020

California Court of Appeals grants conditional stay of preliminary injunction pending appeal.  The U.S. Chamber filed an amicus letter supporting this result.

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

California Court of Appeal
Pending
August 20, 2020

U.S. Chamber files amicus brief urging California Court of Appeal to affirm holding that the Federal Aviation Administration Act preempts California’s A.B. 5 as applied to motor carriers.

Skuse v. Pfizer, Inc.

New Jersey Supreme Court
Decided
August 18, 2020

New Jersey Supreme Court holds that employee entered enforceable arbitration agreement, satisfying requirements of state law.  The court therefore did not need to address the issue briefed by the U.S. Chamber in its amicus brief, which was whether the Federal Arbitration Act preempts the heightened consent requirement for arbitration agreements applied by the lower court.

Ingham v. Johnson & Johnson

Missouri Supreme Court
Pending
August 14, 2020

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

Vazquez v. Jan-Pro Franchising International, Inc.

California Supreme Court
Pending
August 14, 2020

U.S. Chamber files amicus brief urging California Supreme Court to hold that its opinion in Dynamex does not apply retroactively.  Previously, the U.S. Chamber filed amicus briefs supporting a petition for rehearing en banc in the Ninth Circuit and urging the California Supreme Court to accept the Ninth Circuit’s certification request.

Bolger v. Amazon.com LLC

California Court of Appeal
Decided
August 13, 2020

California Court of Appeal holds that trial court improperly foreclosed strict liability for an online marketplace that facilitated third-party sales.  The U.S. Chamber filed an amicus brief opposing this outcome.

California v. Uber Technologies, Inc.

Superior Court of the State of California
Decided
August 10, 2020

Trial court grants California Attorney General’s request for preliminary injunction forcing Uber and Lyft to reclassify their drivers as employees.  The U.S. Chamber filed an amicus brief opposing this result.

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.

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.

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