U.S. Court of Appeals for the Second Circuit

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Second Circuit rejects application of primary jurisdiction doctrine to COVID-19 policies and practices, vacates dismissal of plaintiffs’ state labor law claims, but affirms dismissal of public-nuisance claims

October 18, 2022

Click here to view the opinion.

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

February 23, 2021

Click here to view the amicus brief filed jointly by the U.S. Chamber and the Business Roundtable. The brief also argues that plaintiffs’ public-nuisance claim fails to satisfy the special-injury rule.

Elbert Lin and Trevor S. Cox of Hunton Andrew Kurth LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents