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FEDERAL AMICUS
May 27, 2021. U.S. Chamber files coalition amicus brief urging federal district court to uphold Federal Deposit Insurance Corporation regulation that correctly reaffirmed the centuries-old “valid-when-made” doctrine, under which a loan free from usury at the time of its origination cannot become usurious through a subsequent transaction. TOP DEVELOPMENTS IN COVID-19 LITIGATION Jason A. Levine, Ryan Martin-Patterson, Stephen Tagert This week’s top COVID-19 litigation developments involve: the dismissal for mootness of a refund class action filed against Capital One Bank; a guilty plea in a large price-gouging case; a new business-interruption insurance suit filed by Madison Square Garden entities; and Wisconsin’s new COVID-10 liability shield for businesses JUSTICE THOMAS AND THE PUBLIC/PRIVATE RIGHTS DISTINCTION Jennifer B. Dickey What’s all this talk about public and private rights? Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction. His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularly C.H. ROBINSON WORLDWIDE INC. V. MILLER U.S. Chamber files coalition brief urging U.S. Supreme Court to review and reverse dramatic expansion of the Federal Aviation Administration Authorization Act “safety exemption” by allowing negligence suits against freight brokers. PALMER V. AMAZON.COM, INC. U.S. Chamber files coalition amicus brief in Second Circuit, arguing that district court properly applied the doctrine of primary jurisdiction to dismiss plaintiffs’ workplace-safety and public-nuisance claims. The brief also argues that plaintiffs’ public-nuisance claim fails to satisfy the special-injury rule. CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is LINDENBAUM V. REALGY, LLC U.S. Chamber files amicus brief urging Sixth Circuit to hold that the Telephone Consumer Protection Act’s automated-call restriction cannot be enforced with respect to calls placed between the enactment of the government-debt exception and the decision on remand in Barr v.AAPC.
CHAMBER OF COMMERCE V. IRS August 4, 2016. The U.S. Chamber of Commerce and the Texas Association of Business filed a legal challenge to the IRS’s immediately effective Multiple Acquisition Rule, which attempts to prevent certain corporate mergers that are otherwise permitted under the inversion rules under Section 7874 of the Internal Revenue Code. AYALA V. U.S. XPRESS ENTERPRISES, INC. U.S. Chamber files amicus brief urging Ninth Circuit to reject arguments that would undermine the value of piece rate employment contracts for both employers and employees. U.S. CHAMBER LITIGATION CENTER U.S. Supreme Court denies certiorari in case involving application of the Fair Labor Standards Act’s “outside salesman” exemption. The U.S. Chamber filed a coalition amicus brief in support ofFEDERAL AMICUS
May 27, 2021. U.S. Chamber files coalition amicus brief urging federal district court to uphold Federal Deposit Insurance Corporation regulation that correctly reaffirmed the centuries-old “valid-when-made” doctrine, under which a loan free from usury at the time of its origination cannot become usurious through a subsequent transaction. TOP DEVELOPMENTS IN COVID-19 LITIGATION Jason A. Levine, Ryan Martin-Patterson, Stephen Tagert This week’s top COVID-19 litigation developments involve: the dismissal for mootness of a refund class action filed against Capital One Bank; a guilty plea in a large price-gouging case; a new business-interruption insurance suit filed by Madison Square Garden entities; and Wisconsin’s new COVID-10 liability shield for businesses JUSTICE THOMAS AND THE PUBLIC/PRIVATE RIGHTS DISTINCTION Jennifer B. Dickey What’s all this talk about public and private rights? Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction. His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularly C.H. ROBINSON WORLDWIDE INC. V. MILLER U.S. Chamber files coalition brief urging U.S. Supreme Court to review and reverse dramatic expansion of the Federal Aviation Administration Authorization Act “safety exemption” by allowing negligence suits against freight brokers. PALMER V. AMAZON.COM, INC. U.S. Chamber files coalition amicus brief in Second Circuit, arguing that district court properly applied the doctrine of primary jurisdiction to dismiss plaintiffs’ workplace-safety and public-nuisance claims. The brief also argues that plaintiffs’ public-nuisance claim fails to satisfy the special-injury rule. CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is LINDENBAUM V. REALGY, LLC U.S. Chamber files amicus brief urging Sixth Circuit to hold that the Telephone Consumer Protection Act’s automated-call restriction cannot be enforced with respect to calls placed between the enactment of the government-debt exception and the decision on remand in Barr v.AAPC.
CHAMBER OF COMMERCE V. IRS August 4, 2016. The U.S. Chamber of Commerce and the Texas Association of Business filed a legal challenge to the IRS’s immediately effective Multiple Acquisition Rule, which attempts to prevent certain corporate mergers that are otherwise permitted under the inversion rules under Section 7874 of the Internal Revenue Code. AYALA V. U.S. XPRESS ENTERPRISES, INC. U.S. Chamber files amicus brief urging Ninth Circuit to reject arguments that would undermine the value of piece rate employment contracts for both employers and employees. CHAMBER LITIGATION BLOG The U.S. Chamber Litigation Center, which represents businesses on leading-edge issues before the courts and federal regulatory agencies, has shaken up its legal department by adding four prestigious lawyers to its in-house team. This group is so experienced that all four have worked at name law firms in Washington, held high positions asRECENT ACTIVITY
USCLC secures permanent injunction against enforcement of New Jersey anti-arbitration law PENNINGTON V. FLUOR ENTERPRISES, INC. Click here to view the coalition amicus brief. Stephanie E. Lewis, William R. Gignilliat, and Allison Chalmers Hawkins of Jackson Lewis P.C. and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber. AXON ENTERPRISE, INC. V. FEDERAL TRADE COMMISSION March 23, 2021. Click here to view the amicus brief filed jointly by the U.S. Chamber and Americans for Prosperity Foundation. Michael Pepson and Cynthia Fleming Crawford of the Americans for Prosperity Foundation and the U.S. Chamber’s LitigationLABOR & EMPLOYMENT
Ninth Circuit reverses NLRB, holding that substantial evidence did not support the Board’s conclusion that the relevant activity was secondary picketing and thus barred by the NLRA. VIKING RIVER CRUISES, INC. V. MORIANA Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA. COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is CHAMBER OF COMMERCE V. FRANCHOT Click here to view the complaint. Michael B. Kimberly, Paul W. Hughes, Stephen P. Kranz, and Sarah P. Hogarth of McDermott Will & Emery LLP and the U.S. Chamber’s Litigation Center served as co-counsel forthe U.S. Chamber.
UNITED STATES V. SURGICAL CARE AFFILIATES, LLC April 2, 2021. Click here to view the brief. Aaron M. Street, Elisabeth C. Butler, and John M. Talady of Baker Botts L.L.P. and the U.S. Chamber’s Litigation U.S. CHAMBER LITIGATION CENTER U.S. Chamber files coalition amicus brief urging trial court to exercise its discretion, under the doctrine of primary jurisdiction, to dismiss or stay tort lawsuit that would impose new requirementsFEDERAL AMICUS
May 27, 2021. U.S. Chamber files coalition amicus brief urging federal district court to uphold Federal Deposit Insurance Corporation regulation that correctly reaffirmed the centuries-old “valid-when-made” doctrine, under which a loan free from usury at the time of its origination cannot become usurious through a subsequent transaction. C.H. ROBINSON WORLDWIDE INC. V. MILLER U.S. Chamber files coalition brief urging U.S. Supreme Court to review and reverse dramatic expansion of the Federal Aviation Administration Authorization Act “safety exemption” by allowing negligence suits against freight brokers. JUSTICE THOMAS AND THE PUBLIC/PRIVATE RIGHTS DISTINCTION Jennifer B. Dickey What’s all this talk about public and private rights? Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction. His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularly PRESIDENT AND FELLOW OF HARVARD COLLEGE V. U.S. DEPARTMENT U.S. Chamber leads coalition amicus brief of associations and businesses in support of motion for preliminary injunction against DHS policy restricting foreign students from studying at nation’s leading universities.OHIO V. YELLEN
The district court denied the State of Ohio’s motion for a preliminary injunction regarding the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens, but found that the court has jurisdiction over the action, and that Ohio has a substantial likelihood of showing that the ambiguous provision violates the Spending Clause. COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to LINDENBAUM V. REALGY, LLC U.S. Chamber files amicus brief urging Sixth Circuit to hold that the Telephone Consumer Protection Act’s automated-call restriction cannot be enforced with respect to calls placed between the enactment of the government-debt exception and the decision on remand in Barr v.AAPC.
CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is UNITED STATES V. VORLEY February 6, 2019. Click here to view the coalition brief filed jointly by the Bank Policy Institute, Securities Industry and Financial Markets Association, and the U.S. Chamber of Commerce. Kenneth M. Kliebard, Michael M. Philipp, and Gregory T. Fouts of Morgan, Lewis & U.S. CHAMBER LITIGATION CENTER U.S. Chamber files coalition amicus brief urging trial court to exercise its discretion, under the doctrine of primary jurisdiction, to dismiss or stay tort lawsuit that would impose new requirementsFEDERAL AMICUS
May 27, 2021. U.S. Chamber files coalition amicus brief urging federal district court to uphold Federal Deposit Insurance Corporation regulation that correctly reaffirmed the centuries-old “valid-when-made” doctrine, under which a loan free from usury at the time of its origination cannot become usurious through a subsequent transaction. C.H. ROBINSON WORLDWIDE INC. V. MILLER U.S. Chamber files coalition brief urging U.S. Supreme Court to review and reverse dramatic expansion of the Federal Aviation Administration Authorization Act “safety exemption” by allowing negligence suits against freight brokers. JUSTICE THOMAS AND THE PUBLIC/PRIVATE RIGHTS DISTINCTION Jennifer B. Dickey What’s all this talk about public and private rights? Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction. His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularly PRESIDENT AND FELLOW OF HARVARD COLLEGE V. U.S. DEPARTMENT U.S. Chamber leads coalition amicus brief of associations and businesses in support of motion for preliminary injunction against DHS policy restricting foreign students from studying at nation’s leading universities.OHIO V. YELLEN
The district court denied the State of Ohio’s motion for a preliminary injunction regarding the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens, but found that the court has jurisdiction over the action, and that Ohio has a substantial likelihood of showing that the ambiguous provision violates the Spending Clause. COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to LINDENBAUM V. REALGY, LLC U.S. Chamber files amicus brief urging Sixth Circuit to hold that the Telephone Consumer Protection Act’s automated-call restriction cannot be enforced with respect to calls placed between the enactment of the government-debt exception and the decision on remand in Barr v.AAPC.
CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is UNITED STATES V. VORLEY February 6, 2019. Click here to view the coalition brief filed jointly by the Bank Policy Institute, Securities Industry and Financial Markets Association, and the U.S. Chamber of Commerce. Kenneth M. Kliebard, Michael M. Philipp, and Gregory T. Fouts of Morgan, Lewis &RECENT ACTIVITY
Supreme Court grants, vacates, and remands cert. petition in light of its holding in B.P. p.l.c. v. Mayor and City Council of Baltimore that where a lower court rejects removal of an action to federal court under the federal officer removal doctrine, an appellate court can review all grounds for removal asserted by the defendant, not only the federal-officer ground. PENNINGTON V. FLUOR ENTERPRISES, INC. Click here to view the coalition amicus brief. Stephanie E. Lewis, William R. Gignilliat, and Allison Chalmers Hawkins of Jackson Lewis P.C. and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber. JUSTICE THOMAS AND THE PUBLIC/PRIVATE RIGHTS DISTINCTION Jennifer B. Dickey What’s all this talk about public and private rights? Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction. His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularly NEW MEXICO EX REL. BANDERAS V. STERIGENICS US, LLC U.S. Chamber files coalition amicus brief urging trial court to exercise its discretion, under the doctrine of primary jurisdiction, to dismiss or stay tort lawsuit that would impose new requirements on ethylene oxide emissions by medical product sterilization facility, where the facility is already subject to comprehensive regulations and permit requirements developed by COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is STATE OF NEW YORK V. SCALIA District court invalidates Department of Labor’s Final Rule defining “joint employers” under the Fair Labor Standards Act. September 8, 2020. The court held that the Final Rule violates the APA because it conflicts with FLSA and is arbitrary and capricious. The U.S. Chamber and other business associations intervened and opposed this result. KONG V. TRADER JOES CO. U.S. Chamber files amicus brief urging the Ninth Circuit to affirm the district court’s dismissal of an ERISA fee litigation complaint that did not meet the pleading standard, and is one of a wave of class-action complaints that are designed to extract costly settlements and that ultimately inflate the costs of establishing and administering a plan, which is precisely what PRESIDENT AND FELLOW OF HARVARD COLLEGE V. U.S. DEPARTMENT U.S. Chamber leads coalition amicus brief of associations and businesses in support of motion for preliminary injunction against DHS policy restricting foreign students from studying at nation’s leading universities. NAM, CHAMBER OF COMMERCE, AND BRT V. U.S. SECURITIES AND A divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit reaffirmed the panel's prior judgment that a public disclosure provision of the SEC’s “Conflict Minerals Rule” violates the First Amendment by compelling companies to declare that their products might contribute to human rights abuses in the Democratic Republic of Congo and the surrounding region—a U.S. CHAMBER LITIGATION CENTER U.S. Chamber files coalition amicus brief supporting challenge to state insurance commissioner’s overly-expansive regulations and enforcement, which exceed legislative text and purpose. The U.S California Court of Appeal. May 28, 2021. ISSUES: Administrative Law & Government Litigation, Insurance.FEDERAL AMICUS
May 27, 2021. U.S. Chamber files coalition amicus brief urging federal district court to uphold Federal Deposit Insurance Corporation regulation that correctly reaffirmed the centuries-old “valid-when-made” doctrine, under which a loan free from usury at the time of its origination cannot become usurious through a subsequent transaction. C.H. ROBINSON WORLDWIDE INC. V. MILLER U.S. Chamber files coalition brief urging U.S. Supreme Court to review and reverse dramatic expansion of the Federal Aviation Administration Authorization Act “safety exemption” by allowing negligence suits against freight brokers. CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is PRESIDENT AND FELLOW OF HARVARD COLLEGE V. U.S. DEPARTMENT U.S. Chamber leads coalition amicus brief of associations and businesses in support of motion for preliminary injunction against DHS policy restricting foreign students from studying at nation’s leading universities. JUSTICE THOMAS AND THE PUBLIC/PRIVATE RIGHTS DISTINCTION Jennifer B. Dickey What’s all this talk about public and private rights? Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction. His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularlyOHIO V. YELLEN
The district court denied the State of Ohio’s motion for a preliminary injunction regarding the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens, but found that the court has jurisdiction over the action, and that Ohio has a substantial likelihood of showing that the ambiguous provision violates the Spending Clause. COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to LINDENBAUM V. REALGY, LLC U.S. Chamber files amicus brief urging Sixth Circuit to hold that the Telephone Consumer Protection Act’s automated-call restriction cannot be enforced with respect to calls placed between the enactment of the government-debt exception and the decision on remand in Barr v.AAPC.
UNITED STATES V. VORLEY February 6, 2019. Click here to view the coalition brief filed jointly by the Bank Policy Institute, Securities Industry and Financial Markets Association, and the U.S. Chamber of Commerce. Kenneth M. Kliebard, Michael M. Philipp, and Gregory T. Fouts of Morgan, Lewis & U.S. CHAMBER LITIGATION CENTER U.S. Chamber files coalition amicus brief supporting challenge to state insurance commissioner’s overly-expansive regulations and enforcement, which exceed legislative text and purpose. The U.S California Court of Appeal. May 28, 2021. ISSUES: Administrative Law & Government Litigation, Insurance.FEDERAL AMICUS
May 27, 2021. U.S. Chamber files coalition amicus brief urging federal district court to uphold Federal Deposit Insurance Corporation regulation that correctly reaffirmed the centuries-old “valid-when-made” doctrine, under which a loan free from usury at the time of its origination cannot become usurious through a subsequent transaction. C.H. ROBINSON WORLDWIDE INC. V. MILLER U.S. Chamber files coalition brief urging U.S. Supreme Court to review and reverse dramatic expansion of the Federal Aviation Administration Authorization Act “safety exemption” by allowing negligence suits against freight brokers. CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is PRESIDENT AND FELLOW OF HARVARD COLLEGE V. U.S. DEPARTMENT U.S. Chamber leads coalition amicus brief of associations and businesses in support of motion for preliminary injunction against DHS policy restricting foreign students from studying at nation’s leading universities. JUSTICE THOMAS AND THE PUBLIC/PRIVATE RIGHTS DISTINCTION Jennifer B. Dickey What’s all this talk about public and private rights? Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction. His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularlyOHIO V. YELLEN
The district court denied the State of Ohio’s motion for a preliminary injunction regarding the provision of the recent Covid relief bill that effectively precludes States from offering net tax relief to their citizens, but found that the court has jurisdiction over the action, and that Ohio has a substantial likelihood of showing that the ambiguous provision violates the Spending Clause. COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to LINDENBAUM V. REALGY, LLC U.S. Chamber files amicus brief urging Sixth Circuit to hold that the Telephone Consumer Protection Act’s automated-call restriction cannot be enforced with respect to calls placed between the enactment of the government-debt exception and the decision on remand in Barr v.AAPC.
UNITED STATES V. VORLEY February 6, 2019. Click here to view the coalition brief filed jointly by the Bank Policy Institute, Securities Industry and Financial Markets Association, and the U.S. Chamber of Commerce. Kenneth M. Kliebard, Michael M. Philipp, and Gregory T. Fouts of Morgan, Lewis &RECENT ACTIVITY
USCLC secures permanent injunction against enforcement of New Jersey anti-arbitration law NEW MEXICO EX REL. BANDERAS V. STERIGENICS US, LLC The U.S. Chamber filed a coalition amicus brief urging the trial court to exercise its discretion, under the doctrine of primary jurisdiction, to dismiss or stay a tort lawsuit that would impose new requirements on ethylene oxide emissions by medical product sterilization facility. The facility is already subject to comprehensive regulations and permit requirements developed by expertagencies
JUSTICE THOMAS AND THE PUBLIC/PRIVATE RIGHTS DISTINCTION Jennifer B. Dickey What’s all this talk about public and private rights? Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction. His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularly THE NUISANCE OF NUISANCE LITIGATION The law of public nuisance is a notoriously empty vessel for this sort of project. Over fifty years ago, Professor William L. Prosser described “public nuisance” as “a species of catch-all low-grade criminal offense, consisting of an interference with the rights of the community at large, which may include anything from the blocking of a COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to KONG V. TRADER JOES CO. U.S. Chamber files amicus brief urging the Ninth Circuit to affirm the district court’s dismissal of an ERISA fee litigation complaint that did not meet the pleading standard, and is one of a wave of class-action complaints that are designed to extract costly settlements and that ultimately inflate the costs of establishing and administering a plan, which is precisely what STATE OF NEW YORK V. SCALIA District court invalidates Department of Labor’s Final Rule defining “joint employers” under the Fair Labor Standards Act. September 8, 2020. The court held that the Final Rule violates the APA because it conflicts with FLSA and is arbitrary and capricious. The U.S. Chamber and other business associations intervened and opposed this result. PRESIDENT AND FELLOW OF HARVARD COLLEGE V. U.S. DEPARTMENT U.S. Chamber leads coalition amicus brief of associations and businesses in support of motion for preliminary injunction against DHS policy restricting foreign students from studying at nation’s leading universities. CHAMBER OF COMMERCE V. IRS The U.S. Chamber of Commerce and the Texas Association of Business filed a legal challenge to the IRS’s immediately effective Multiple Acquisition Rule, which attempts to prevent certain corporate mergers that are otherwise permitted under the inversion SPEGELE V. USAA LIFE INSURANCE CO. February 1, 2021. Click here to view the amicus brief filed jointly by the U.S. Chamber and American Council of Life Insurers. Evan A. Young and Ariel D. House of Baker Botts L.L.P. and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber. U.S. CHAMBER LITIGATION CENTERCENTER FOR APPELLATE LITIGATION 990CENTER FOR APPELLATE LITIGATION 990CENTER FOR APPELLATE LITIGATION NYCCENTER FOR APPELLATE LITIGATION NYCGEORGETOWN APPELLATE LITIGATIONCLINIC
U.S. Chamber files coalition amicus brief supporting challenge to state insurance commissioner’s overly-expansive regulations and enforcement, which exceed legislative text and purpose. The U.S California Court of Appeal. May 28, 2021. ISSUES: Administrative Law & Government Litigation, Insurance.FEDERAL AMICUS
May 27, 2021. U.S. Chamber files coalition amicus brief urging federal district court to uphold Federal Deposit Insurance Corporation regulation that correctly reaffirmed the centuries-old “valid-when-made” doctrine, under which a loan free from usury at the time of its origination cannot become usurious through a subsequent transaction. THE NUISANCE OF NUISANCE LITIGATION The law of public nuisance is a notoriously empty vessel for this sort of project. Over fifty years ago, Professor William L. Prosser described “public nuisance” as “a species of catch-all low-grade criminal offense, consisting of an interference with the rights of the community at large, which may include anything from the blocking of a COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is WHEELER V. ARKEMA INC. January 16, 2020. Click here to view the coalition brief. Benjamin A. Geslison and Scott A. Keller of Baker Botts L.L.P. served as co-counsel for the amici. The U.S. Chamber previously filed an amicus brief supporting the Rule 23 (f) petition, which was granted. PetitionStage.
LINDENBAUM V. REALGY, LLC U.S. Chamber files amicus brief urging Sixth Circuit to hold that the Telephone Consumer Protection Act’s automated-call restriction cannot be enforced with respect to calls placed between the enactment of the government-debt exception and the decision on remand in Barr v.AAPC.
CHAMBER OF COMMERCE V. IRS August 4, 2016. The U.S. Chamber of Commerce and the Texas Association of Business filed a legal challenge to the IRS’s immediately effective Multiple Acquisition Rule, which attempts to prevent certain corporate mergers that are otherwise permitted under the inversion rules under Section 7874 of the Internal Revenue Code. O'CONNOR V. UBER TECHNOLOGIES, INC. The U.S. Chamber filed an amicus brief urging the Ninth Circuit to overturn a district court’s denial of a motion to compel arbitration, a decision that exemplifies continuing hostility toward arbitration.. The Chamber’s brief argues that the court applied principles disfavoring arbitration and that the Federal Arbitration Act (“FAA”) forbids all forms of judicial hostility toward UNITED STATES V. VORLEY February 6, 2019. Click here to view the coalition brief filed jointly by the Bank Policy Institute, Securities Industry and Financial Markets Association, and the U.S. Chamber of Commerce. Kenneth M. Kliebard, Michael M. Philipp, and Gregory T. Fouts of Morgan, Lewis & U.S. CHAMBER LITIGATION CENTERCENTER FOR APPELLATE LITIGATION 990CENTER FOR APPELLATE LITIGATION 990CENTER FOR APPELLATE LITIGATION NYCCENTER FOR APPELLATE LITIGATION NYCGEORGETOWN APPELLATE LITIGATIONCLINIC
U.S. Supreme Court denies certiorari in case involving the issue of mass joinder, which raises serious due process concerns for defendants. The U.S. Chamber filed a coalition amicus brief in supportFEDERAL AMICUS
U.S. Chamber files coalition amicus brief urging federal district court to uphold Federal Deposit Insurance Corporation regulation that correctly reaffirmed the centuries-old “valid-when-made” doctrine, under which a loan free from usury at the time of its origination cannot become usurious through a THE NUISANCE OF NUISANCE LITIGATION Jeff Bucholtz, Nikesh Jindal, and Jeremy Bylund, King & Spalding LLP The misuse of public nuisance law to attempt to regulate worker safety from the bench in the midst of a pandemic How to safely “reopen” the American economy has been at the forefront of public debate for weeks. And although efforts to resume or continue business operations amid the ongoing pandemic will generally follow COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to CLASS ACTION ABUSE: PRECERTIFICATION DISCOVERY AS A California State Courts More Permissive Than Federal Courts Lauren De Lilly and Alexandria Ruiz, Sidley Austin LLP In purported class actions, precertification discovery requests to obtain information about similarly situated individuals are often nothing more than burdensome fishing expeditions designed to identify additional clients for plaintiffs’ counsel. The potential for abuse is CHAMBER OF COMMERCE V. IRS The U.S. Chamber of Commerce and the Texas Association of Business filed a legal challenge to the IRS’s immediately effective Multiple Acquisition Rule, which attempts to prevent certain corporate mergers that are otherwise permitted under the inversion UNITED STATES V. VORLEY Click here to view the coalition brief filed jointly by the Bank Policy Institute, Securities Industry and Financial Markets Association, and the U.S. Chamber of Commerce.. Kenneth M. Kliebard, Michael M. Philipp, and Gregory T. Fouts of Morgan, Lewis & Bockius LLP served as co-counsel for the amici. O'CONNOR V. UBER TECHNOLOGIES, INC. The U.S. Chamber filed an amicus brief urging the Ninth Circuit to overturn a district court’s denial of a motion to compel arbitration, a decision that exemplifies continuing hostility toward arbitration.. The Chamber’s brief argues that the court applied principles disfavoring arbitration and that the Federal Arbitration Act (“FAA”) forbids all forms of judicial hostility toward LINDENBAUM V. REALGY, LLC U.S. Chamber files amicus brief urging Sixth Circuit to hold that the Telephone Consumer Protection Act’s automated-call restriction cannot be enforced with respect to calls placed between the enactment of the government-debt exception and the decision on remand in Barr v.AAPC.
WHEELER V. ARKEMA INC. Click here to view the coalition brief. Benjamin A. Geslison and Scott A. Keller of Baker Botts L.L.P. served as co-counsel for the amici. The U.S. Chamber previously filed an amicus brief supporting the Rule 23(f) petition, which was granted. COVID-19: “FORCE MAJEURE” AND THE COMING WAVE OF Keisha O. Coleman, Andrew F. Gann, Jr., and Abram J. Pafford, McGuireWoods LLP Unless you’ve been living under a rock, you know that most of us feel like we’re, well, living under a rock. COVID-19 has forced the cancellation of countless events and activities, and many individuals and businesses have been unable to perform all sorts of contractual obligations—everything from concerts to JUSTICE THOMAS AND THE PUBLIC/PRIVATE RIGHTS DISTINCTION Jennifer B. Dickey What’s all this talk about public and private rights? Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction. His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularly KONG V. TRADER JOES CO. U.S. Chamber files amicus brief urging the Ninth Circuit to affirm the district court’s dismissal of an ERISA fee litigation complaint that did not meet the pleading standard, and is one of a wave of class-action complaints that are designed to extract costly settlements and that ultimately inflate the costs of establishing and administering a plan, which is precisely what PRESIDENT AND FELLOW OF HARVARD COLLEGE V. U.S. DEPARTMENT U.S. Chamber leads coalition amicus brief of associations and businesses in support of motion for preliminary injunction against DHS policy restricting foreign students from studying at nation’s leading universities. NORTHERN PLAINS RESOURCE COUNCIL V. U.S. ARMY CORPS OF September 23, 2020. Click here to view the amicus brief filed jointly by the U.S. Chamber, Edison Electric Institute, International Brotherhood of Electrical Workers, and USTelecom -- The Broadband Association. David Y. Chung and Amanda Shafer Berman of Crowell & LINDENBAUM V. REALGY, LLC U.S. Chamber files amicus brief urging Sixth Circuit to hold that the Telephone Consumer Protection Act’s automated-call restriction cannot be enforced with respect to calls placed between the enactment of the government-debt exception and the decision on remand in Barr v.AAPC.
CITY OF NEW YORK V. BP PLC April 1, 2021. The Second Circuit affirmed the dismissal of all claims. First, the court held that global warming calls for the application of federal , not state, law because climate change is a uniquely international problem. As a matter of federal law, the court then held that the Clean Air Act grants EPA – not federal courts –authority
THOLE V. U.S. BANK, N.A. U.S. Chamber files coalition amicus brief urging Supreme Court to hold that a participant in a defined benefit retirement plan does not suffer a cognizable injury for breach of fiduciary duty under Article III unless the alleged breach materially increases the risk that the participant will not receive his or her promised benefits. The U.S. Chamber previously filed an amicus MCGINNIS V. C.R. BARD, INC. U.S. Chamber and industry groups file amicus brief urging 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 OSBERG V. FOOT LOCKER, INC. September 6, 2013. The U.S. Chamber urged the Second Circuit to affirm the district court in this Employee Retirement Income Security Act (“ERISA”) class action. Years after Foot Locker converted its retirement plan from a defined-benefits plan to a cash-balance plan, a purported class of former Foot Locker employees sued the companyJump to content
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ADVANCED CASE SEARCH FIGHTING FOR BUSINESS IN THE COURTS About the Litigation Center Check Out Chamber Litigation Blog Focusing On COVID-19 Litigationmore
DISTRICT COURTS GRANTS SUMMARY JUDGMENT IN FAVOR OF LEGALITY OF DHS’S 2016 STEM OPT PROGRAM RULE. THE U.S. CHAMBER AND OTHER BUSINESS GROUPS PREVIOUSLY INTERVENED IN SUPPORT OF DHS’S 2016 RULE.AN...
U.S. District Court for the District of ColumbiaNOVEMBER 30, 2020
ISSUES: Immigration
WASHINGTON ALLIANCE OF TECHNOLOGY WORKERS V. U.S. DEPARTMENT OFHOMELAND SECURITY
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SUPREME COURT DENIES CERT. IN CASE CHALLENGING A TEXAS LAW DISCRIMINATING AGAINST PUBLIC CORPORATIONS IN VIOLATION OF THE COMMERCE CLAUSE. THE U.S. CHAMBER FILED AN AMICUS BRIEF SUPPORTINGCERT.
U.S. Supreme Court
NOVEMBER 23, 2020
ISSUES: Federal Preemption & Commerce Clause WAL-MART STORES, INC. V. TEXAS ALCOHOLIC BEVERAGE COMMISSIONVIEW
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U.S. CHAMBER FILES AMICUS BRIEF ARGUING THAT WHERE A LOWER COURT REJECTS REMOVAL OF AN ACTION TO FEDERAL COURT UNDER THE FEDERAL OFFICER REMOVAL STATUTE, AN APPELLATE COURT CAN REVIEW ALL GROUNDSFOR...
U.S. Supreme Court
NOVEMBER 23, 2020
ISSUES: Clean Air Act (CAA), Jurisdiction & Procedure, Federal Preemption & Commerce Clause B.P. P.L.C. V. MAYOR AND CITY COUNCIL OF BALTIMOREVIEW
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U.S. CHAMBER FILES AMICUS BRIEF URGING NINTH CIRCUIT TO HOLD THAT THE FEDERAL ARBITRATION ACT’S EXEMPTION FOR TRANSPORTATION WORKERS “ENGAGED IN INTERSTATE COMMERCE” DOES NOT COVER RIDESHAREDRIVERS...
U.S. Court of Appeals for the Ninth CircuitNOVEMBER 20, 2020
ISSUES: Arbitration, EEOC & Employment ROGERS V. LYFT, INC.VIEW
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FOURTH CIRCUIT UPHOLDS BASES FOR ALLOWING PUNITIVE DAMAGES FOR LAWFULLY REGULATED ACTIVITY, BUT REMANDS FOR RECALCULATION OF DAMAGES WITHOUT INFLAMMATORY FINANCIAL INFORMATION. THE U.S. CHAMBER FILED... U.S. Court of Appeals for the Fourth CircuitNOVEMBER 19, 2020
ISSUES: Punitive Damages MCKIVER V. MURPHY-BROWN, LLCVIEW
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CALIFORNIA COURT OF APPEAL HOLDS THAT THE FEDERAL AVIATION ADMINISTRATION ACT DOES NOT PREEMPT CALIFORNIA A.B. 5’S ABC EMPLOYMENT TEST AS APPLIED TO MOTOR CARRIERS. THE U.S. CHAMBER FILEDAN AMICUS...
California Court of AppealNOVEMBER 19, 2020
ISSUES: Federal Preemption & Commerce Clause, Independent Contractor PEOPLE OF THE STATE OF CALIFORNIA V. SUPERIOR COURT LOS ANGELES COUNTY (CAL CARTAGE TRANSPORTATION EXPRESS)VIEW
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