U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

Does the “market participant” exception allow a state or local government to impose an otherwisepreempted rule on private companies even if the government is not procuring any good or service from them?

Case Updates

Cert. petition denied

June 24, 2019

U.S. Chamber urges Supreme Court to grant cert. to review the Ninth Circuit’s erroneous and overly expansive conception of the market-participant exception to preemption

March 26, 2018

Click here to view the amicus brief filed by the U.S. Chamber and Retail Litigation Center, Inc.

Benjamin J. Horwich, Joshua Patashnik, and Grovanni Saarman Gonzalez of Munger Tolles & Olson LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents