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South China Business Journal

HIGHLIGHTS midsize businesses are protected from the negative impacts of up electricity costs for businesses, consumers, and families;
expanding the small group market was one of the Chamber’s impose tens of billions in annual compliance costs; and reduce
top health care priorities. our nation’s global competitiveness—without any significant
reduction in global greenhouse gas emissions.
The budget agreement President Obama signed into law
yesterday eliminates the ACA’s automatic enrollment These issues represent just a few of the hundreds of legislative,
provisions for employers with more than 200 employees. regulatory, and legal cases the Chamber is involved in. We are
also continuing to drive the debate on the need for entitlement,
In addition, the Chamber is supporting key provisions of regulatory, legal, tax, capital markets, and immigration reform.
a reconciliation bill that would repeal the ACA’s employer
mandate, the Cadillac tax, and the medical device tax. Supreme Court to Tackle Class Action Cases
Repealing these provisions would help control increasing health
care costs and protect the employer-sponsored health care The first Monday of October marked the beginning of a new
system. This bill passed the House and needs only 51 votes in term for the U.S. Supreme Court—and a golden opportunity to
the Senate. The president would surely veto it if it comes to his further rein in abusive class action suits.
desk, but it demonstrates bipartisan opposition to Obamacare
provisions that are undermining the employer-sponsored The Court has agreed to hear a trio of cases that could roll
health care system that over 160 million Americans rely on for back some of the worst abuses in class action litigation. The
their health care benefits. Court is poised to examine class actions alleging “gotcha”-type
technical violations where there is no injury (Spokeo v. Robins);
Highway Bill. Congress is long overdue in its responsibility so-called trial by formula class actions that ignore differences
to enact a long-term reauthorization of the highway bill with among defendants and sweep in the uninjured (Tyson Foods
stable and adequate funding. Both the House and Senate v. Bouaphakeo); and “headless” class actions where the named
have approved multiyear legislation and must iron out their plaintiff is offered full compensation but plaintiff’s counsel
differences in conference. The bills under consideration contain fights to keep a phantom class alive (Campbell-Ewald v.
many positive provisions, including providing state and local Gomez).
governments with three years of stable transportation funding;
important reforms to ensure that federal dollars are spent The U.S. Chamber and its Litigation Center strongly urged the
wisely; policies to accelerate project delivery; and a mechanism Court to hear these cases and are weighing in on the merits.
to automatically increase funding if Highway Trust Fund We’ve made important strides in curbing class action abuses,
receipts are higher than forecasted. While this represents but there is much work to be done. The Chamber is also actively
progress and we will support the bill, it still relies too much on engaged in a host of other business litigation issues this term—
one-time funding fixes when a permanent, sustainable funding securities litigation, ERISA, and arbitration, to name a few—
solution is badly needed. and continues to help shape the docket by urging the Court to
hear cases that raise critical issues for the business community.
Clean Power Plant Suit. The Chamber—joined by over a
dozen business groups—filed a lawsuit last month in the United The Chamber has long understood that our active participation
States Court of Appeals for the District of Columbia Circuit in legislative and regulatory issues simply isn’t enough to
to challenge proposed EPA regulations on greenhouse gas protect business interests and advance our objectives—we must
emissions. The rule would upend the entire electrical power be equally active in the courts. Our Litigation Center is one
system and force the closure of potentially hundreds of power of the Chamber’s most powerful assets, continues to grow in
plants. Because the rule represents an unprecedented takeover prestige and influence, and has compiled an enviable record of
of the electricity sector and would cause irreparable harm to success.
businesses and communities across the country, we have asked
the D.C. Circuit to stay implementation of the rule until judicial
review has been completed. This deeply flawed rule would drive

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