Case Updates
U.S. Chamber files amicus brief urging Ninth Circuit to vacate $395 million disgorgement award as a disproportionate penalty for trespass, and to apply principles of equity in setting standard for unlawful profit remedies
December 13, 2024
Ben Feuer and Michael Von Loewenfeldt of Complex Appellate Litigation Group LLP served as outside counsel.
The Chamber previously filed an amicus brief at the liability phase of this action.
Case Documents
- District Court Decision -- Swinomish Indian Tribal Community v. BNSF Railway Co. (W.D. Wash.)
- U.S. Chamber Amicus Brief -- Swinomish Indian Tribal Community v. BNSF Railway Co. (9th Cir.)