Chamber's Litigation Center Applauds Supreme Court Decisions in 3 Business Cases

WASHINGTON, D.C.- The National Chamber Litigation Center (NCLC), the public policy law firm of the U.S. Chamber of Commerce, applauded three business decisions handed down by the U.S. Supreme Court. NCLC had filed amicus briefs in all three cases addressing federal preemption of consistent state laws and the importance of national uniformity when regulating business.

"The Supreme Court took dead aim at a major weapon of the plaintiff's bar - the confusion engendered by conflicting regulatory regimes," said Robin Conrad, NCLC executive vice president. "Businesses need clarity and predictability in the law, not a patchwork of conflicting regulations that vary from state to state."

Among the significant decisions announced were Riegel v. Medtronic, Inc, in which the Court ruled that common law tort suits for injuries caused by certain highly regulated medical devises are preempted by the federal Medical Device Amendments of 1976; Rowe v. New Hampshire Motor Transport Association, which invalidated Maine's attempt to regulate interstate tobacco distribution as preempted by the Federal Aviation Administration Authorization Act, which bars states from regulating prices, routes or services of shipping companies; and Preston v. Ferrer, which rejected under the Federal Arbitration Act California's attempt to have its Labor Commissioner review contracts between talent agents and their clients without regard to the arbitration provisions contained in the contracts.

"From restraining state tort litigation to reaffirming arbitration and safeguarding interstate commerce, the high court has reasserted its role of protecting federal power from overreaching state regulation," Conrad stated. "We hope the Court will continue to carefully balance federal and state power with respect to the remaining preemption cases on the docket."

NCLC, the public policy law firm of the U.S. Chamber of Commerce, is a membership organization that advocates fair treatment of business in the courts and before regulatory agencies. The U.S. Chamber of Commerce is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

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08-23