Policy Accomplishments for 2011
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Litigation Victories at Every Level of Judicial System: NCLC defends the interests of business in important arbitration, class action, energy and the environment, immigration, labor and employment, punitive damages, and securities litigation. In 2011, NCLC entered a total of 98 new business cases. Of the cases decided in 2011, NCLC prevailed in 34.
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Supreme Court Victories: While NCLC represents business at every level of the judicial system, it is perhaps best known for its efforts before the Supreme Court. NCLC participated in a record 21 Supreme Court cases on the merits during the term ending June 2011 and prevailed in 12. In the current term, NCLC has entered 11 cases so far. Recent Supreme Court victories include:
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Arbitration: NCLC helped preserve arbitration as a viable, efficient, and fair alternative to expensive litigation.
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Class Action: In Wal-Mart v. Dukes, the Supreme Court decertified a class of 1.5 million plaintiffs, finding no proof that Wal-Mart operated under a general policy of discrimination. NCLC filed a total of seven amicus briefs in this case, which will bring some much-needed sanity to class action law.
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Environmental Litigation: The Supreme Court unanimously blocked a federal tort lawsuit brought by several states and New York City for the purpose of regulating greenhouse gases through the courts.
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Federal Preemption: The Court agreed with NCLC that a federal vaccine act preempts design defect claims.
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False Claims Act: The Supreme Court ruled that the False Claims Act does not permit a private individual to base whistle-blower lawsuits on information obtained through a Freedom of Information Act request unless the individual was the original source of that information.
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First Amendment: The Court defended the Free Speech rights of businesses in two cases this term, protecting the First Amendment rights of corporations to truthfully advertise their products and upholding the ability of the video game industry to continue using its voluntary ratings system. In Brown v. Entertainment Merchants Association, the Court agreed with NCLC that a California video game law violated the First Amendment and that the video industry’s voluntary ratings system already addressed the state’s concerns.
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Government Contracts: The Supreme Court ruled that a private plaintiff, as a third-party beneficiary, may not sue on a government contract when a federal statute does not provide a private right of action. In a separate case, the Court threw out a $3 billion verdict against defense contractors because litigating the case would have endangered state secrets.
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Jurisdiction: NCLC filed amicus briefs in two cases in which the Supreme Court ultimately ruled that a court must not exercise jurisdiction over a manufacturer or foreign defendant unless the defendant is involved in substantial activity in the jurisdiction.
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Securities: The Supreme Court held that U.S. securities laws do not allow private individuals to sue third parties such as lawyers, accountants, and investment advisers for allegedly false or misleading statements made by others.
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