LITIGATION

CENTER

The TAB Litigation Center is the voice of business in the federal and state courts.  We represent TAB in lawsuits to challenge unlawful federal, state, and local regulatory actions.  We intervene to defend the government in cases brought by activists to challenge pro-business or deregulatory actions.  We file amicus curiae briefs representing the broad views of the Texas business community in important litigation in the state.  We work with the media to help the public understand key decisions and legal principles.

On behalf of TAB, the Litigation Center challenges regulations and other governmental actions that are unlawful and harm free enterprise.  TAB is the plaintiff or petitioner in these suits.  The Litigation Center also intervenes to defend the interests of businesses, namely jobs and paychecks, in cases brought by activists or the plaintiffs’ bar to subvert governmental actions that advance economic growth and job creation.

Regulatory Lawsuits

The TAB Litigation Center engages in strategic amicus curiae (or “friend of the court”) litigation in Texas courts.  The Litigation Center’s amicus strategy includes filing briefs that present unique and compelling legal arguments, and that educate courts on the practical implications of legal decisions to the broader Texas business community.

Amicus Curiae Litigation

TAB has joined with other petitioners (NAM, TAM, ACC, TCC) to challenge the CPSC’s rule concerning phthalates due to  the rulemaking being arbitrary and capricious and/or not in accordance with law.

TAB joined with other trade associations to submit an amicus brief in favor of Exxon Mobil.

TAB has joined the Pennsylvania Chamber of Business and Industry and the Ohio Chamber of Commerce (through the U.S. Chamber) in filing a joint amicus brief in support of a lawsuit by states and industry to overturn EPA’s Clean Power Plan.

Filed joint amicus brief with McLane Company, Inc. opposing regulatory actions by the TABC for its single share of stock rule (regarding wholesale distribution of alcohol) that will harm the Texas economy and job creation.

TAB is an intervener in the lawsuit by Luminant, which challenges the EPA’s new “regional haze” regulation.

This new regulation changes the definition of a “fiduciary,” such that financial advisors of retirement accounts owe investors a fiduciary duty.

TAB has joined Texas Rail Advocates and Transportation Advocacy Group to file an amicus brief in support of Texas Central Railroad & Infrastructure, Inc.’s (TCRI) motion for summary judgment in their case versus Calvin House.

Filed an amicus brief regarding the new OSHA Silica Rule – sets new, stringent standards for the amount of silica (sand) that can be emitted by companies engaged in fracking and other efforts.

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