Associated Builders & Contractors v. City of
Lansing – Labor / Employment
Michigan Supreme Court
In this case, plaintiff challenges a City of Lansing
ordinance requiring city contractors to pay prevailing wages to employees. ABC
contends that the ordinance violates the Michigan Constitution, as the Michigan
Supreme Court struck down an identical ordinance, from the City of Detroit, in
1923. Here the lower court ruled that the Lansing ordinance is
unconstitutional, and that the 1923 decision remains binding. But, the Court of
Appeal reversed. As such, NFIB Legal Center urged the Michigan Supreme Court to
affirm its 1923 decision, and emphasized the doctrine of stare decisis.
Brott v. United States – Property Rights
Court of Appeals for the Sixth Circuit
courts have long assumed that the Seventh Amendment’s guarantee of a right to jury
trial does not exceed to citizens bringing suit against government; however,
NFIB Legal Center argues in this case that this line of cases stems entirely
from dicta. The Supreme Court has never definitively ruled affirmed this
rule—at least not in a case in which a litigant was seeking to invoke a right
to jury in a suit alleging a violation of constitutional rights. Specifically,
this case concerns the right of landowners to invoke the right to jury in a
suit seeking just compensation for the taking of land. The Legal Center argues
that the modern doctrine of unconstitutional conditions forecloses the
government’s contention that Congress may condition the right to sue the
government on waiver of Seventh Amendment rights.
Status: PENDING. Amicus brief filed 7/5/16.
Cintas v. EEOC – Employment
The Supreme Court
will review a Sixth Circuit decision holding that the Equal Employment
Opportunity Commission (EEOC) can pursue a pattern-or-practice claim under
Section 706 of Title VII of the Civil Rights Act of 1964 (Title VII).
Michigan Building and Construction Trades Council v. Snyder – PLA Agreements
U.S. Court of Appeals for the Sixth Circuit
In July 2011, Governor Snyder signed the “Michigan Fair
& Open Competition in Governmental Construction Act,” which prohibits
government entities from awarding contracts with Project Labor Agreements
(PLAs). Michigan Building & Construction Trades Council, AFL-CIO sued to
block the law. In February a federal district court declared the law invalid
finding it impermissibly interferes with the National Labor Relations Act
(“NLRA”). The state appealed.
The adverse impacts of government-mandated PLAs are well
supported, and Michigan has joined a large and growing number of states who
have determined that government-mandated PLAs do not serve the states’
interests. After the trial court struck down the first law, the legislature
passed an amended law to correct perceived deficiencies. The trial court struck
down the amended law. A second appeal followed.
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.