Litigation Update

Recent Activity

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. 

Litigation UpdateJun 01, 2020 - 7:15am

Supreme Court issues decision in ERISA case

The U.S. Supreme Court held that a participant in a defined-benefit ERISA plan who has received all vested benefits—and who has not shown a “substantially increased risk that the plan and employer would both fail”—lacks standing to sue for breach of fiduciary duty under ERISA.

Litigation UpdateApr 27, 2020 - 7:15am

Supreme Court holds that Clean Water Act requires a permit for the “functional equivalent of a direct discharge” from a point source to a navigable water

The Court also clarified that “implied revocation” in a later Congress’ appropriations rider doesn’t repeal clear statutory commitment of funds.  The U.S. Chamber filed briefs supporting certiorari and again at the merits stage supporting this outcome. 

Litigation UpdateMar 23, 2020 - 8:15pm

U.S. Supreme Court holds that the doctrine of sovereign immunity bars states from being sued for copyright infringement

Relying on precedent, the Court held that Congress did not have constitutional authority to abrogate the states’ sovereign immunity.  But the Court left open the possibility that Congress in the future could permit copyright claims against states if Congress develops a stronger legislative record demonstrating state copyright infringement. 

Litigation UpdateMar 23, 2020 - 8:15pm

U.S. Supreme Court holds that a race discrimination claim under 42 U.S.C. §1981 requires a plaintiff to show that race was the cause of the defendant’s challenged actions

The opinion in Comcast v. National Association of African-American Owned Media clarifies that an allegation that race merely played “some role” in a defendant’s decision-making process is not sufficient under Section 1981.

Litigation UpdateMar 18, 2020 - 2:15pm

Delaware Supreme Court upholds corporate bylaws requiring Securities Act claims to be brought in federal court instead of state court

The opinion says state law provides “flexibility and wide discretion” for organizing, governing and financing businesses.