State Amicus

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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.

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.

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.

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.

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.  

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.

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.

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.

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.

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.

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