United States Supreme Court – cert
This case presents an important
issue for the small business community because it raises a question as to how
attorney’s fees should be calculated and awarded to individuals or businesses
who successfully litigate claims against the United States. More specifically,
the petition asks whether it was appropriate for the court of federal claims to
reduce an attorney’s fee award 38% below market rate after the federal
government forced the petitioners to spend hundreds of thousands of dollars to
obtain the compensation they were owed for the taking of their properties.
Given the exorbitant costs of litigation—and the difficulties presented in
litigating against the government—it is important that we protect the right of
business owners to fully recoup attorney’s fees in these cases. And as
suggested in our amicus brief, it is also important ensure full attorneys fee
awards in these cases as a means to discourage wasteful litigation practices,
or to otherwise dissuade the authorities from taking unnecessarily aggressive
positions in litigation.
Status: PENDING. Amicus brief filed 10/12/16.
Kansas Court of Appeals
This case seeks to strike down the City of Mission’s
Transportation Utility Fee (TUF) ordinances. The TUF is imposed on the
owners of all developed property within the City, and a different rate is
charged depending on whether the development is categorized as “single family
residential,” “multi-family residential” or “non-residential use.” NFIB’s brief
raised concerns with the TUF. These sorts of monetary exactions—whether viewed
as taxes or fees—impose burdens on small business and raise constitutional
issues in so far as they exact monetary property from the citizens.
Morriss v. BNSF Railway
U.S. Court of Appeals for the
Eighth Circuit – 5/22/15
The court is being asked to
decide whether obesity not caused by a physiological condition is a disability
for purposes of accommodation under the ADA.
If you have a case that impacts
small business, please contact us at 1-800-552-NFIB as we are actively looking
for opportunities to weigh in on important issues in this state. NFIB Small
Business Legal Center is involved in many cases that impact this state and
others; to see our complete list of Supreme Court cases click on Washington, DC
on the interactive map.