State Amicus

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WilsonArt, LLC v. Lopez

Florida Supreme Court
Pending
December 13, 2019

U.S. Chamber files coalition amicus brief urging the Florida Supreme Court to adopt the federal Celotex summary-judgment standard

Dodgen v. Grijalva

Florida Supreme Court
Pending
December 13, 2019

U.S. Chamber urges 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.

Luciano v. SprayFoamPolymers.com, LLC

Texas Supreme Court
Pending
December 10, 2019

U.S. Chamber files amicus brief arguing that the Texas Supreme Court should reject an overly expansive approach to stream-of-commerce jurisdiction and require a substantial causal connection between the defendant’s forum contacts and the plaintiff’s asserted claim for specific personal jurisdiction.

Berg v. Colgate-Palmolive Co.

California Court of Appeal
Decided
November 25, 2019

California Court of Appeal grants request to publish its opinion affirming summary judgment in a talc case based on insufficient evidence of causation.  The U.S. Chamber filed an amicus brief supporting publication.

Burdick v. Tonoga, Inc.

New York Supreme Court, Appellate Division
Decided
November 21, 2019

Ford Motor Co. v. Hill

Georgia Supreme Court
Decided
November 18, 2019

Georgia Supreme court denies petition for certiorari, declining to review “death penalty sanctions” ordered by trial court.  The U.S. Chamber previously filed two briefs in this case when it was before the Georgia Court of Appeals.

In re Toyota Motors Sales, U.S.A., Inc.

Texas Supreme Court
Decided
November 15, 2019

In the face of a petition for writ of mandamus, plaintiffs concede that protective order applies on appeal to confidential trade secret information produced in discovery but not used by plaintiffs at trial.  The U.S. Chamber filed an amicus brief in support of the petition, which sought reversal of the Court of Appeal’s decision that the information was not subject to the protective order. 

Avis Rent A Car System, LLC v. Smith

Georgia Court of Appeals
Decided
October 31, 2019

Georgia Court of Appeals reverses lower court judgment and holds that a company is not liable where intervening criminal conduct was the proximate cause of a plaintiff’s injuries.  The U.S. Chamber filed an amicus brief urging this result. 

Avis Rent A Car System, LLC v. Johnson

Georgia Court of Appeals
Decided
October 31, 2019

Georgia Court of Appeals reverses lower court judgment and holds that a company is not liable where intervening criminal conduct was the proximate cause of a plaintiff’s injuries.  The U.S. Chamber filed an amicus brief urging this result. 

Sandoval v. Qualcomm, Inc.

California Supreme Court
Pending
October 4, 2019

U.S. Chamber files amicus brief urging California Supreme Court to hold that a hirer of a contractor cannot be held liable under a retained-control theory based solely on the hirer’s failure to undertake a safety measure it never promised the contractor it would perform.

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.

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.

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.

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 Appeal
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. 

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