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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. 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. 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. 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 requirements 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, particularlyFEDERAL 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 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.
JENNIFER DICKEY
Jennifer B. Dickey is associate chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. Dickey handles a variety of litigation matters for the Chamber. Dickey joined the Chamber following her service as Acting Assistant Attorney General and Principal Deputy Assistant Attorney General in the Civil 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. 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 requirements 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, particularlyFEDERAL 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 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.
JENNIFER DICKEY
Jennifer B. Dickey is associate chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. Dickey handles a variety of litigation matters for the Chamber. Dickey joined the Chamber following her service as Acting Assistant Attorney General and Principal Deputy Assistant Attorney General in the Civil 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. 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 businessesRECENT ACTIVITY
USCLC secures permanent injunction against enforcement of New Jersey anti-arbitration law 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 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 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
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 'NO INJURY' CLASS ACTIONS Results are sorted by the date of most recent activity. Alig v. Quicken Loans, Inc. April 20, 2021. Fourth Circuit denies rehearing of an appeal from class certification where the class did not suffer a uniform, classwide injury, nor any concrete injury at all. The U.S. Chamber filed an amicus Wit v. United Behavioral Health. April 14,2021.
PIRANI V. SLACK TECHNOLOGIES, INC. November 2, 2020. Click here to view the amicus brief filed by the U.S. Chamber, Securities Industry and Financial Markets Association, and National Venture Capital Association. Andrew B. Clubok, Gavin M. Masuda, Morgan E. Whitworth, and Gregory Mortenson of Latham & Watkins LLP and the U.S. Chamber’s Litigation Center served as co-counsel 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 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.
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 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. 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 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. 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 & 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 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 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. OKLAHOMA V. JOHNSON & JOHNSON U.S. Chamber files coalition amicus brief urging Oklahoma Supreme Court to reverse $465 million judgment that, based on a radically expansive theory of public nuisance, held a single defendant liable for statewide opioid crisis. 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
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.
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 & 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 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. 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 & 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 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 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. OKLAHOMA V. JOHNSON & JOHNSON U.S. Chamber files coalition amicus brief urging Oklahoma Supreme Court to reverse $465 million judgment that, based on a radically expansive theory of public nuisance, held a single defendant liable for statewide opioid crisis. 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
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.
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 & 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 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. 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 & 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 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 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. OKLAHOMA V. JOHNSON & JOHNSON U.S. Chamber files coalition amicus brief urging Oklahoma Supreme Court to reverse $465 million judgment that, based on a radically expansive theory of public nuisance, held a single defendant liable for statewide opioid crisis. 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
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.
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 & 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 andJump to content
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ADVANCED CASE SEARCH FIGHTING FOR BUSINESS IN THE COURTS About the Litigation Center Check Out New Chamber Litigation Blog Focusing On COVID-19 Litigationmore
U.S. CHAMBER FILES COALITION AMICUS BRIEF URGING EIGHTH CIRCUIT TO GRANT REVIEW AND DECERTIFY NATIONWIDE CONSUMER CLASS ACTION IGNORING INDIVIDUALIZED ISSUES AND LONGSTANDING CHOICE-OF-LAW PRINCIPLES. U.S. Court of Appeals for the Eighth CircuitAPRIL 21, 2020
ISSUES: Class Actions & Mass Actions HUDOCK V. LG ELECTRONICS U.S.A., INC.VIEW
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WEST VIRGINIA SUPREME COURT OF APPEALS UPHOLDS WEST VIRGINIA’S RIGHT-TO-WORK LAW UNDER THE STATE CONSTITUTION. THE U.S. CHAMBER FILED AN AMICUS BRIEF SUPPORTING THIS OUTCOME. West Virginia Supreme Court of AppealsAPRIL 21, 2020
ISSUES: Labor Relations & NLRB MORRISEY V. WEST VIRGINIA AFL-CIOVIEW
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SUPREME COURT HOLDS THAT A SUPERFUND LANDOWNER IS A “POTENTIALLY RESPONSIBLE PARTY” WHO MUST SEEK EPA APPROVAL BEFORE ENGAGING IN CLEANUP ACTIVITIES, INCLUDING THROUGH STATE TORT REMEDIES. THIS...U.S. Supreme Court
APRIL 20, 2020
ISSUES: CERCLA, Federal Preemption & Commerce Clause ATLANTIC RICHFIELD CO. V. CHRISTIANVIEW
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U.S. CHAMBER FILES AMICUS BRIEF URGING SECOND CIRCUIT TO HOLD THAT GOVERNMENT HAS UNFETTERED DISCRETION TO DISMISS A RELATOR’S QUI TAM ACTION UNDER THE FALSE CLAIMS ACT. U.S. Court of Appeals for the Second CircuitAPRIL 20, 2020
ISSUES: False Claims Act & Whistleblowing U.S. EX REL. BORZILLERI V. ABBVIE, INC.VIEW
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U.S. CHAMBER FILES COALITION AMICUS BRIEF ASKING SUPREME COURT TO REVIEW NINTH CIRCUIT DECISION BROADLY CONSTRUING TRIBAL JURISDICTIONOVER PRIVATE LANDS.
U.S. Supreme Court
APRIL 17, 2020
ISSUES: Energy & Environment, Jurisdiction & Procedure FMC CORP. V. SHOSHONE-BANNOCK TRIBESVIEW
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NINTH CIRCUIT HOLDS THAT INDIVIDUAL UNQUALIFIED FOR JOB CANNOT SUE UNDER AMERICANS WITH DISABILITIES ACT EVEN THOUGH EMPLOYER FIRST DISCOVERED LACK OF QUALIFICATION DURING LITIGATION. THE COURT... U.S. Court of Appeals for the Ninth CircuitAPRIL 17, 2020
ISSUES: Americans with Disabilities Act (ADA) ANTHONY V. TRAX INTERNATIONAL CORP.VIEW
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