State Amicus

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Burningham v. Wright Medical Group, Inc.

Utah Supreme Court
Decided
September 5, 2019

Utah Supreme Court holds that FDA authorization of medical devices through the 510(k) process may be an affirmative defense to strict liability claims.  The U.S. Chamber had submitted an amicus brief urging the court to recognize the 510(k) process as shielding manufacturers from strict liability claims. 

Gregg v. Ameriprise Financial, Inc.

Pennsylvania Supreme Court
Pending
September 5, 2019

U.S. Chamber files amicus brief urging the Pennsylvania Supreme Court to reverse a lower court decision holding that strict liability applies to claims under the “catch all” provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law.

Rodriguez v. Ford Motor Co. (II)

New Mexico Supreme Court
Pending
August 19, 2019

U.S. Chamber files merits stage amicus brief in personal jurisdiction case in New Mexico Supreme Court, arguing that the court of appeals erred in concluding that registration to do business in New Mexico sufficed to subject foreign company to personal jurisdiction in New Mexico.  The U.S. Chamber previously filed an amicus brief in support of review, which the New Mexico Supreme Court granted and vacated the court of appeal’s earlier ruling on personal jurisdiction.

Skuse v. Pfizer, Inc.

New Jersey Supreme Court
Pending
August 16, 2019

U.S. Chamber files amicus brief in New Jersey Supreme Court in support of enforceability of arbitration agreement, arguing that appellate court impermissibly imposed heightened requirements on assent to arbitration agreements by employee.

Bandemer v. Ford Motor Co.

Minnesota Supreme Court
Decided
July 31, 2019

Divided Minnesota Supreme Court holds state courts have specific personal jurisdiction over out-of-state company in tort case concerning vehicle designed in Michigan, assembled in Canada, and sold in North Dakota.  The U.S. Chamber filed an amicus brief in opposition to this outcome. 

Younkin v. Blackwelder

Florida Supreme Court
Pending
July 22, 2019

U.S. Chamber and Florida Justice Reform Initiative file amicus brief urging Florida Supreme Court to reject disparate treatment against defendants and in favor of plaintiffs under Worley regarding discovery into financial connections between plaintiffs and physicians.

McClay v. Airport Management Services, LLC

Tennessee Supreme Court
Pending
July 10, 2019

U.S. Chamber files coalition amicus brief urging Tennessee Supreme Court to reject state constitutional challenge to Tennessee’s statutory cap on noneconomic and punitive damages.

Normand v. Wal-Mart.com USA, LLC

Louisiana Supreme Court
Pending
June 21, 2019

U.S. Chamber files merits brief urging Louisiana Supreme Court to reverse appellate court’s decision authorizing parishes to require online platforms to collect tax on third-party transactions.  Previously, the Chamber filed an amicus brief supporting the writ petition.

Hammons v. Ethicon, Inc.

Pennsylvania Supreme Court
Pending
June 21, 2019

U.S. Chamber leads coalition amicus brief urging Pennsylvania Supreme Court to reject personal jurisdiction over products-liability suit with no direct connection to Pennsylvania.

Morrisey v. West Virginia AFL-CIO

West Virginia Supreme Court of Appeals
Pending
June 18, 2019

U.S. Chamber files brief urging West Virginia Supreme Court of Appeals to uphold West Virginia’s right-to-work law under the state constitution.

Mayberry v. Shepherd

Kentucky Supreme Court
Pending
June 13, 2019

U.S. Chamber files brief urging Kentucky Supreme Court to affirm dismissal of uninjured plaintiffs’ claims for lack of standing under the state constitution.

Goodyear Tire & Rubber Company v. Rogers

Texas Supreme Court
Decided
May 31, 2019

Texas Supreme Court declines to review lower courts’ laxed standards for demonstrating gross negligence.

Southern California Gas Co. v. Superior Court of Los Angeles County

California Supreme Court
Decided
May 30, 2019

California Supreme Court upholds long standing economic loss doctrine and reverses lower court for allowing negligence claims based on solely on economic losses.  The Chamber filed a merits brief supporting this outcome.

McGinnis v. C.R. Bard, Inc.

New Jersey Superior Court
Pending
May 23, 2019

U.S. Chamber and industry groups file amicus brief urging the New Jersey Appellate Division to reverse trial court order that prevented product manufacturer from presenting evidence regarding the process Congress and the FDA developed to assure the safety and effectiveness of medical devices in product liability case.

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

New Mexico Supreme Court
Pending
May 21, 2019

U.S. Chamber files brief urging the New Mexico Supreme Court to dismiss suit brought against pharmaceutical manufacturer by the state government as precluded by prior unsuccessful qui tam action brought under New Mexico False Claims Act regarding the same allegations.

Walsh v. BASF Corp.

Pennsylvania Supreme Court
Pending
May 14, 2019

U.S. Chamber and aligned organizations file amicus brief urging Pennsylvania Supreme Court to reverse appellate court decision that failed to adhere to the courts’ “gatekeeper” function to prevent the admissibility of questionable and confusing “expert” testimony under Pennsylvania’s Frye test and that failed to apply the appropriate deferential standard of reviewing a trial court’s assessment of admissibility.  

County of Butler v. CenturyLink Communications, LLC

Pennsylvania Supreme Court
Decided
April 26, 2019

Pennsylvania Supreme Court holds counties’ lawsuit alleging common law claims for under-billing of 9-1-1 services by telecommunications companies must be dismissed as a matter of law.  The U.S. Chambers filed an amicus brief supporting this outcome, arguing counties may not use contingency fee counsel to pursue causes of action to enforce the 911 Act.

California v. Superior Court

California Court of Appeals
Decided
April 16, 2019

California Court of Appeal reverses judgment granting retailers’ motion to dismiss retail-price-discount claims brought under California Business & Professions Code 17501 by City of Los Angeles using contingency fee counsel.  The Court of Appeal rejected the trial court’s conclusions that Section 17501 violates the free speech and due process requirements of the U.S. and California constitutions.  The U.S. Chamber joined a coalition brief arguing in support of affirmance. 

New York v. Mallinckrodt

New York Supreme Court
Pending
April 12, 2019

U.S. Chamber files amicus brief in support of company’s assertion of settlement privilege to block discovery by New York state into communications with U.S. Department of Justice to settle federal enforcement matter

Whelan v. Ford Motor Co.

New Jersey Supreme Court
Pending
April 10, 2019

U.S. Chamber urges New Jersey Supreme Court to hold that a manufacturer is not strictly liable for injuries caused by exposure to asbestos-containing products it did not manufacture, supply, or sell.

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