Litigation Update

Recent Activity

Litigation UpdateMar 23, 2018 - 1:30pm

First Circuit affirms dismissal of ERISA class action lawsuit against retirement plan offering stable value fund as an investment option

The Chamber filed an amicus brief at the merits stage supporting this outcome and explaining that courts should not presume imprudence when a fund does not outperform industry average returns or conform to industry average asset allocations—such an approach would decrease the range of strategies offered by investment managers and reduce the choices available to plan sponsors and consumers.

Litigation UpdateMar 21, 2018 - 7:45pm

Supreme Court issues favorable decision addressing criminal obstruction offense in tax code

The Supreme Court reversed the Second Circuit’s decision and held that to convict a defendant under § 7212(a)’s residual clause, the government must prove that the defendant was aware of a pending tax-related proceeding, such as a particular investigation or audit, or could reasonably foresee that such a proceeding would commence. The Court’s decision narrows the range of activity that could be subject to criminal prosecution and should reduce the risk of selective, discriminatory enforcement.

Litigation UpdateMar 20, 2018 - 8:00pm

Supreme Court issues adverse decision permitting securities class actions alleging exclusively federal securities claims to proceed in state courts

In a unanimous decision, the Supreme Court held that (1) the Securities Litigation Uniform Standards Act of 1988 (“SLUSA”) did nothing to strip state courts of jurisdiction over class actions brought under the 1933 Act, and (2) SLUSA does not permit defendants to remove class actions alleging only 1933 Act claims from state to federal court.

Litigation UpdateMar 19, 2018 - 2:00pm

Supreme Court denies cert. petition regarding Auer deference in government contract disputes

Justice Thomas, joined by Justice Gorsuch, dissented from the denial of cert.

Litigation UpdateMar 19, 2018 - 1:45pm

Supreme Court denies cert. petition regarding deference owed to trial courts’ “gate keeping” function, which prevents unreliable expert testimony

The Chamber filed an amicus brief urging the Supreme Court to grant review to help ensure that the Ninth Circuit’s decision reversing the district court’s exclusion of a proposed expert does not lead to a proliferation of dubious causation theories that escape Daubert scrutiny.

Litigation UpdateMar 16, 2018 - 12:30pm

Victory in business community’s challenge to FCC’s 2015 order on the Telephone Consumer Protection Act

The D.C. Circuit granted petitions for review filed by the Chamber and several others and vacated the FCC’s 2015 declaratory ruling and order on the scope of liability under the Telephone Consumer Protection Act (“TCPA”).

Litigation UpdateMar 15, 2018 - 7:15pm

Fifth Circuit strikes down the Department of Labor’s 2016 Fiduciary Rule

The majority of a Fifth Circuit panel agreed with the Chamber that the DOL vastly exceeded its authority under ERISA and invalidated both its sweeping and novel definition of fiduciary and also the DOL’s related exemptive rules that were tied to the fiduciary rule.

Litigation UpdateFeb 21, 2018 - 2:15pm

Supreme Court upholds plain text of Dodd-Frank Act whistleblower provisions

The Supreme Court unanimously held that the Dodd-Frank Act’s whistleblower protections do not cover employees who report a violation of the securities laws to their employer but do not report it to the SEC.

Litigation UpdateJan 25, 2018 - 3:15pm

Delaware Supreme Court gives preclusive effect to other courts’ dismissals based on demand futility in shareholder derivative litigation

The Chamber filed an amicus brief joining with other associations and urging the Delaware Supreme Court to reach this outcome.

Litigation UpdateJan 24, 2018 - 3:15pm

Michigan Supreme Court summarily reverses court of appeals on statute of limitations ground in long-running toxic tort case

The Chamber has filed many amicus briefs in support of Dow over the long life of this case, and argued in an amicus brief at this stage that the Michigan Supreme Court should grant review and reverse.  Click here to view more information on the case, Henry v. The Dow Chemical Co.