State Amicus

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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.

Boggs v. CSX Transportation

Kentucky Supreme Court
Decided
August 20, 2020

Evenly divided Kentucky Supreme Court lets court of appeals cramped interpretation of the discovery rule for the statute of limitation for tor claims stand.  The Chamber filed an amicus brief urging the court to reverse. 

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.

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.

Busch v. McInnis Waste Systems, Inc.

Oregon Supreme Court
Decided
July 9, 2020

Oregon Supreme Court invalidates statutory limits on noneconomic damages for personal injury claims.  The U.S. Chamber submitted an amicus brief opposing this result.

American Chemistry Council v. Office of Environmental Health Hazard Assessment

California Court of Appeal
Decided
July 8, 2020

California Court of Appeal grants a request to publish its opinion 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.

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, and imposes a reduced $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 refusing to enforce a New York forum selection clause because the contract also contained a jury trial waiver.

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.

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.

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.

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.  

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