State Amicus

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In re: New York City Asbestos Litigation

New York Court of Appeals
Decided
November 27, 2018

New York Court of Appeals affirms judgment in asbestos case in favor of Ford Motor Co. for lack of proof of causation

Dittman v. UPMC

Pennsylvania Supreme Court
Decided
November 21, 2018

Divided Pennsylvania Supreme Court reverses victory for employer in data-breach litigation, holding economic-loss doctrine does not bar employees’ tort claims against employer for alleged injuries resulting from data breach

Goodyear Tire & Rubber Co. v. Rogers

Texas Supreme Court
Decided
November 16, 2018

Texas Supreme Court grants petition for review in case regarding standard for proving gross negligence

Roverano v. John Crane, Inc.

Pennsylvania Supreme Court
Pending
November 16, 2018

U.S. Chamber and coalition of business groups file amicus brief urging the Pennsylvania Supreme Court to require trial courts to apportion liability on a percentage, not per capita, basis as required by the Fair Share Act

Phone Recovery Services, LLC v. Qwest Corp.

Minnesota Supreme Court
Decided
October 31, 2018

Minnesota Supreme Court holds that E911 fees and surcharges are subject to the tax bar of the Minnesota False Claims Act, affirming court of appeals’ judgment

MCI Communication Services, Inc. v. Director

New Jersey Supreme Court
Decided
October 19, 2018

New Jersey Supreme Court declines to review lower court decision regarding combined tax reporting

Quisenberry v. Borgwarner Morse Tec, Inc.

Virginia Supreme Court
Decided
October 11, 2018

Fractured Virginia Supreme Court holds that shipyard owed a duty of care to prevent employees from carrying asbestos fibers home on their clothes and exposing others over strong dissent from three justices

Wal-mart Stores, Inc. v. Forfar

Colorado Supreme Court
Pending
October 5, 2018

U.S. Chamber and aligned groups urge Colorado Supreme Court to review whether the Colorado Collateral Source rule applies to medical expenses that exceed Medicare limits for covered patients

Commonwealth of Pennsylvania v. Golden Gate National Senior Care LLC

Pennsylvania Supreme Court
Decided
September 25, 2018

Pennsylvania Supreme Court rejects common sense limitations on the Commonwealth’s consumer protection law, allowing Commonwealth entities to be considered a “person in interest” when acting as a plaintiff, but not a “person” when acting as a defendant

Rodriguez v. Ford Motor Co.

New Mexico Supreme Court
Resolved without decision
September 17, 2018

Case remanded after New Mexico Court of Appeals decides to withdraw decision on specific personal jurisdiction in products liability case

Kim v. Toyota Motor Corporation

California Supreme Court
Decided
August 27, 2018

California Supreme Court upholds admission of evidence of “industry custom and practice” in strict products liability case

Monsanto Co. v. Office of Environmental Health Hazard Assessment

California Supreme Court
Decided
August 15, 2018

California Supreme Court declines petition for review concerning unconstitutional Proposition 65 listing requirements

Pebley v. Santa Clara Organics, LLC

California Supreme Court
Decided
August 8, 2018

California Supreme Court declines to review lower court decision that erodes limitations on damages for some insured plaintiffs

Phone Recovery Services, LLC v. Verizon of New England, Inc.

Massachusetts Appeals Court
Decided
August 7, 2018

Massachusetts Supreme Judicial Court holds that serial corporate relator does not have standing under the Massachusetts False Claims Act

Troester v. Starbucks Corporation

California Supreme Court
Decided
July 26, 2018

California Supreme Court holds that the de minimis defense does not apply to wage-and-hour claims

Jeffs v. Ford Motor Company

Illinois Court of Appeals
Decided
July 12, 2018

Illinois Appellate Court rules that trial court in Madison County had no personal jurisdiction over Ford Motor Co. in tort case

Frlekin v. Apple, Inc.

California Supreme Court
Pending
July 9, 2018

U.S. Chamber files coalition brief in California Supreme Court arguing state wage-and-hour law does not require compensation for time spent in post-shift security checks of employees’ personal bags

Lopez v. Sony Electronics, Inc.

California Supreme Court
Decided
July 5, 2018

California Supreme Court holds that statute of limitations for toxic exposure claims, rather than the limitations period for prenatal injuries, applies to minor’s claim of in utero exposure to chemicals in chip-manufacturing plant

Mayo v. Wisconsin Injured Patients and Families Compensation Fund

Wisconsin Supreme Court
Decided
June 27, 2018

Wisconsin Supreme Court upholds statutory cap on noneconomic damages in medical malpractice suits, readopting the traditional, deferential rational basis test for facial constitutional challenges

Dynamex Operations West, Inc. v. Superior Court of Los Angeles

California Supreme Court
Decided
June 20, 2018

California Supreme Court denies rehearing in case regarding applicability of ABC test retroactively

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