Industry Judge Shopping Strikes Again, Blocking FTC Non-Compete Rule – Accountable US

On April 24, the U.S. Chamber filed suit against the FTC in the Eastern District of Texas – continuing their pattern of judge shopping in courtrooms under the jurisdiction of the conservative Fifth Circuit Court of Appeals. The case was moved before Judge Campbell Barker, who, as Accountable.US has documented, has ties to the Leonard Leo network and his history of pro-industry litigation. Judge Barker also owns hundreds of thousands of dollars in stock in three of the largest tech companies in the world: Apple, Amazon, and International Business Machines (IBM), the latter two being U.S. Chamber-members, and all of which are notorious for their use of noncompete agreements. 

Judge Barker dismissed the U.S. Chamber’s challenge against the FTC’s rule without prejudice and the U.S. Chamber joined Ryan LLC, a local tax firm, in the Northern District of Texas.

Co-plaintiff Ryan LLC has several questionable connections to the conservative Fifth Circuit of Appeals. The U.S. Chamber’s lawyers were no doubt pleased the case went to Judge Barker, who recently sided with them in another challenge against rulemaking from the National Labor Relations Board. 

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