State Amicus

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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.

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 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. 

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.

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.

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.

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.

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