For Immediate Release
Kelly Hoffman 202-314-2054 or Kelly.Hoffman@NFIB.org
NFIB Asks Supreme Court to Provide Clarity to Class Action Lawsuits
WASHINGTON, D.C., May 30, 2014 — Karen Harned, Executive Director of NFIB’s Small Business Legal Center, made the following statement in response to the amicus brief NFIB joined in the class action case Dart Cherokee Basin Operating Company, LLC v. Owens, No. 13-719. In this case the Supreme Court will have to decide what evidence defendants must provide to support their motion to transfer cases from state to federal court. The Court’s decision will affect a broad swath of disputes ranging from class actions to mass torts.
“The Class Action Fairness Act (CAFA) clearly allows transfers of cases involving more than $5 million in damages from state to federal court. However, in this case the courts are creating confusion for small business owners by not ensuring that the rules for class action lawsuits in federal court are applied fairly and consistently. Small business owners often do not have in-house counsels and often have to spend time away from their business navigating a complicated judicial process on their own. We believe that this case raises a matter of great concern and urge the Supreme Court to overturn previous court rulings and stand up for small businesses.”
The amicus brief was filed on behalf of the Chamber of Commerce of the United States, the Retail Litigation Center, Business Roundtable and NFIB.
The NFIB Small Business Legal Center is a 501(c)(3) organization created to protect the rights of America's small business owners by providing advisory material on legal issues and by ensuring that the voice of small business is heard in the nation's courts. The National Federation of Independent Business is the nation’s leading small business association, with offices in Washington, D.C. and all 50 state capitals.