National Association of Manufacturers v. Department of Defense – Regulatory Reform
U.S. Supreme Court
In response to numerous lawsuits filed against the Obama Administration’s Waters of the United States (WOTUS) Rule, the Environmental Protection Agency and Army Corps of Engineers argued that all legal challenges should be heard in a single court of appeals under the Clean Water Act. The U.S. Supreme Court granted certiorari after the Sixth Circuit Federal Court of Appeal ruled that it had exclusive jurisdiction to determine the validity of the WOTUS Rule. The NFIB Legal Center filed an amicus brief urging the Supreme Court to rule that these suits belong in the federal district courts where NFIB initially filed its lawsuit.
Cooper Tire v. NLRB – Labor & Employment
U.S. Court of Appeals for the Eighth Circuit
The NFIB Small Business Legal Center joined an amicus brief in an appeal of an NLRB ruling finding that racist a speech made during picketing of an employer qualified as protected activity under Section 7 of the National Labor Relations Act. NFIB’s brief argued that the decision will make it harder for employers in the future to respond to employees who engage in certain abusive behavior during activities otherwise protected under Section 7 of the Act and put employers in a catch-22, forcing them to pick between permitting such behavior at the risk of being found to have violated the NLRA, or enforcing their existing anti-discrimination and anti-harassment policies which protect other employees.
Felix v. Ganley – Damage Awards
Ohio Supreme Court
The court will determine whether a class action can award damages to individuals who have suffered no actual harm.
Linert v. Ford Motor Co. – Legal Reform
Ohio Supreme Court
NFIB joined an appeal of a lower-court decision that requires manufacturers selling products in Ohio to warn consumers post-sale of any known risk involving the product, even if the product is not defective.
Sakkab v. Luxottica Retail North America, Inc.
Ninth Circuit Federal Court of Appeals
The question presented in this case is whether employers may enforce arbitration agreements with their employees. NFIB joined with Pacific Legal Foundation in arguing that arbitration agreements should be enforced—pursuant to the Federal Arbitration Act—on the same terms as any other agreement. Given a string of decisions from state courts limiting the enforceability of arbitration agreements are not enforceable in the employment context, we maintain that its especially important for the federal courts to enforce this point of federal law.
Sisson v. RadioShack – Wage and Hour
U.S. Court of Appeals for the Sixth Circuit
The appeal concerns the Department of Labor’s determination that employers who pay bonus, premium pay, or commission in addition to a fixed salary are not entitled to use the fluctuating workweek method of calculating overtime compensation. DOL’s interpretation is a reversal from previous holdings.
Westerville, OH v. Taylor – Property Rights
Ohio Court of Appeals – Tenth district
The City of Westerville has moved to take Taylor’s property for a self-described “beautification” and “branding” project to promote a new image for the City. Claiming its right to do so under the police power, the City is taking the main access point to Mr. Taylor’s business at a major intersection and eliminating its on-street signage. Despite taking the owner’s private property in order to eliminate the visibility of a business from the street, the City contends that the owner is not entitled to any compensation for loss of visibility.
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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.
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