Litigation Update

Recent Activity

Litigation UpdateMay 17, 2021 - 2:45pm

Supreme Court Holds That a Pre-enforcement Challenge to Certain IRS Reporting Requirements Is Not Barred by the Anti-injunction Act, Even Though Violation of Those Requirements May Result in a Tax Penalty

The Supreme Court unanimously held that the Anti-Injunction Act does not bar pre-enforcement challenges to regulatory requirements that are not themselves taxes, but are enforced through tax penalties.  The Anti-Injunction Act narrowly, but powerfully, forbids lawsuits undertaken for the purpose of restraining the assessment or collection of any federal tax. 

Litigation UpdateApr 22, 2021 - 3:30pm

U.S. Supreme Court Unanimously Holds that FTC Lacks Authority to Seek Equitable Relief such as Restitution or Disgorgement Under Section 13(b) of the FTC Act

The Supreme Court unanimously held that the Federal Trade Commission cannot recover monetary relief, such as restitution or disgorgement, under Section 13(b) of the FTC Act.

Litigation UpdateApr 01, 2021 - 11:30am

U.S. Supreme Court Narrowly Construes “Automatic Telephone Dialing System” Under the Telephone Consumer Protection Act

The Supreme Court ruled 9-0 that an autodialer must have the capacity to use a random or sequential number generator to store or produce phone numbers.  The U.S. Chamber filed a coalition amicus brief supporting this result, as well as a brief in support of certiorari and a brief when this case was before the Ninth Circuit. 

Litigation UpdateMar 25, 2021 - 8:45pm

Federal District Court Holds that New Jersey Statute is Preempted by the Federal Arbitration Act

The U.S. Chamber filed a suit as co-plaintiff with the New Jersey Civil Justice Institute challenging a New Jersey statute that effectively prohibits employers in that state from using arbitration agreements in employment contracts.  The federal district court for the District of New Jersey released an opinion holding that the state statute is preempted by the Federal Arbitration Act and permanently enjoining the New Jersey attorney general from enforcing the statute.

Litigation UpdateOct 02, 2020 - 7:00am

Supreme Court grants cert. petition addressing the scope of review available where a lower court rejects removal of an action to federal court under the federal officer removal statute

The U.S. Chamber filed an amicus brief supporting cert. and previously filed in support of removal in the U.S. Court of Appeals for the Fourth Circuit.

Litigation UpdateOct 01, 2020 - 7:00am

U.S. Chamber gets an immigration win for its members

The District Court blocked the Trump administration from enforcing its entry ban on various types of nonimmigrant workers from entering the U.S. through the end of the calendar year. This is a great victory for American businesses and our nation’s economy, as the bans cover the following nonimmigrant visa classifications that many employers rely upon to meet their workforce needs: H-1B, H-2B, L-1, and J-1.

Litigation UpdateJul 02, 2020 - 7:00am

Supreme Court grants certiorari in Alien Tort Statute cases

The U.S. Supreme Court granted certiorari in two consolidated cases concerning the extraterritorial reach of the Alien Tort Statute (ATS) and the liability of a domestic corporation under the ATS.

Litigation UpdateJun 15, 2020 - 7:15am

Supreme Court holds Forest Service retains authority to grant pipeline easements deep beneath National Trail easements on Forest Service lands

The Supreme Court clarified that the Appalachian Trail and energy infrastructure can co-exist.  The U.S. Chamber and aligned business groups submitted an amicus brief supporting this result.