Amicus:
Ex Parte INV Performance Surfaces, LLC (9/12/24) – Alabama Supreme Court
NFIB SBLC filed an amicus brief arguing that Alabama courts do not have personal jurisdiction over out-of-state entities that did not engage in contacts with the State of Alabama.

Plaintiff:

*National Retail Federation v. California Occupational Safety and Health (12/16/2020) – California District Court; ( ) California Superior Court

NFIB sued the State of California in a case concerning California OSHA’s emergency COVID-19 workplace safety standards, including testing and paid leave requirements.  We argued that the standards were in violation of the APA, exceeded the agency’s jurisdiction, and violated due process.

Amicus:

Adolph v. Uber Technologies (12/8/2022) – California Supreme Court

NFIB SBLC filed an amicus brief arguing that the California Supreme Court must clarify its Iskanian rule for Private Attorney Generals Act (PAGA) claims after the Supreme Court’s decision in Viking River Cruises and should do so by adopting a business-friendly and broad approach to arbitration.

Camp v. Home Depot USA, Inc. (10/25/23) – California Supreme Court

NFIB SBLC joined a coalition amicus brief asking the California Supreme Court to hold that payroll rounding is an acceptable timekeeping practice that does not violate state or federal labor law.

Ghost Golf v. Newsom (4/29/21)– California Court of Appeals; (11/7/23)– California Court of Appeals 5^th Appellate District; (7/15/24)– California Supreme Court

NFIB SBLC filed three amicus briefs arguing that the California governor did not have the constitutional authority to issue COVID-19 shutdown orders, and doing so violated separation of powers and harmed small businesses. The California Supreme Court denied review.

Gonzales v. San Gabriel Transportation (1/6/2020) – California Supreme Court

NFIB SBLC filed an amicus brief arguing that the Dynamex decision on independent contractor classification does not apply retroactively.

Kuciemba v. Victory Woodworks (10/12/2022) – California Supreme Court

NFIB SBLC joined coalition amicus brief arguing that California courts should not impose tort liability on small businesses for third party claims potentially arising from the workplace. Our brief argues that the proper remedy for these “take-home” COVID-19 derivative injury claims is workers’ compensation.

Lent v. California Coastal Commission (7/20/2020) – California Court of Appeals Second Appellate District Division 7; (5/27/21) – California Supreme Court

NFIB SBLC filed two amicus briefs arguing that a California statute allowing an administrative agency to impose substantial fines and perform hearings without basic fairness procedures violates constitutional due process.

See’s Candies v. Superior Court of California (8/30/21) – California Court of Appeals

The NFIB SBLC filed an amicus brief supporting the employer in a case that concerns whether employees can subject employers to unlimited tort liability for alleged workplace injuries that are intended to be addressed in the workers’ compensation system.

Western Growers v. Cal/OSHA (6/11/21) – California Court of Appeals

NFIB SBLC filed an amicus brief in support of a coalition of agricultural and business employers that challenged COVID-19 related emergency temporary standards (ETS) recently approved by the California Occupational Safety and Health Standards Board.

Amicus:

Heartland Energy Co. v. CO (2/10/2020) – Colorado Supreme Court

NFIB SBLC filed an amicus brief arguing that prior precedent requires a fair determination of whether investor partners have enough experience to operate the partnership effectively, which may or may not require industry specific experience.

HEI v. Colorado (9/8/21) – Colorado Supreme Court

The NFIB SBLC filed an amicus brief arguing that general partners can actively participate in businesses using their general business experience even if they lack industry-specific experience.

Nieto v. Clark’s Market, Inc. (8/17/2020) – Colorado Supreme Court

NFIB SBLC filed an amicus brief in a case that concerns the Colorado Wage Claim Act and the payment of unused vacation time. Our brief argued that the Colorado Wage Claim Act makes it clear that employers have the freedom to determine whether they will pay for unused vacation time when the employee leaves.

Amicus:

Cuccaro v. DeSantis (8/23/21) – Florida Circuit Court Leon County

NFIB SBLC joined a coalition amicus brief defending Florida Governor’s decision to end temporary supplemental unemployment benefits.

Amicus:

Angus v. Traube (2/7/2020) – Georgia Supreme Court

NFIB SBLC’s amicus brief argued that when a jury finds multiple individuals at fault in a tort suit, it must apportion liability based on the attributable fault of each independent tortfeasor.

AU Medical Center, Inc. v. Dale (12/23/24) – Georgia Supreme Court

NFIB SBLC filed an amicus brief asking state supreme court to review court of appeals decision allowing plaintiffs and their attorneys to prevent defendants in tort cases from arguing that nonparties or already-dismissed defendants contributed to the injury.

Georgia CVS Pharmacy v. Carmichael (12/1/2022) – Georgia Supreme Court

NFIB SBLC joined amicus brief urging the Georgia Supreme Court to reverse a court of appeals decision that effectively created a strict liability standard for businesses with crimes committed by third parties on their property.

Amicus:

Iowa Beverage v. Alcoa, Inc. (6/17/2020) – Iowa Supreme Court

NFIB SBLC filed a brief arguing that claims against a premises owner and installer of asbestos products were barred by Iowa’s asbestos code, which provides that: “A defendant in an asbestos action or silica action shall not be liable for exposures from a product or component part made or sold by a third party.”

Amicus:

Nichols v. Kentucky Unemployment Insurance Commission (9/30/2020) – Kentucky Supreme Court

NFIB SBLC joined an amicus brief arguing that the Court should reverse the Court of Appeals’ ruling that employers must be represented by counsel at an unemployment insurance hearing and that an employer’s appearance without counsel constitutes the unauthorized practice of law.

Schneider Electric USA, Inc. v. Williams (7/23/24) – Kentucky Supreme Court

NFIB SBLC filed an amicus brief arguing against expansion of asbestos liability to include take-home exposure cases.

Union Carbide Corporation v. Schneider Electric USA, Inc. (7/23/24) – Kentucky Supreme Court

NFIB SBLC filed an amicus brief arguing against expansion of asbestos liability to include take-home exposure cases.

Amicus:

Hartman v. St. Bernard Parish (1/4/21) – Louisiana Supreme Court

The NFIB SBLC filed an amicus brief in support of the employer, St. Bernard Fire Department, arguing that workers’ compensation benefits should not be extended to encompass hearing loss sustained from multiple traumatic events.

Watson Memorial Spiritual Temple of Christ v. Korban, (4/26/24) – Louisiana Supreme Court

NFIB SBLC filed an amicus brief arguing that the just compensation clause of the Fifth Amendment is self executing and Louisiana courts should issue writs of mandamus to nonpaying state and local entities. Court held that courts can enforce money judgement via writ of mandamus.

Amicus:

Patel v. 7-11 (11/17/21) – Massachusetts Supreme Court

NFIB SBLC filed an amicus brief arguing that Massachusetts’ Independent Contractor Law does not apply to the franchisee-franchisor relationship.

Plaintiff:

*Associated Builders & Contractors of Michigan v. Eubanks (8/24/23) – Michigan Court of Claims; (3/25/24) – Michigan Supreme Court

NFIB SBLC joined a lawsuit challenging the interpretation of a tax provision in the Michigan Income Tax Act by the Michigan Attorney General and State Treasurer. The case centers on the meaning of “the current rate” in the Income Tax Act, arguing that the legislature intended for a tax cut to be permanent. The court of appeals upheld the interpretation, and the State Supreme Court denied review.

Amicus:

Attorney General v. Eli Lilly & Co. (5/1/24) – Michigan Supreme Court

NFIB SBLC filed an amicus brief urging court to deny leave to appeal and uphold its precedents on the Michigan Consumer Protection Act’s exemption for companies specifically regulated under other laws.

Michigan Farm Bureau v. EGLE (9/13/23) – Michigan Supreme Court

NFIB SBLC filed an amicus brief arguing that a state environmental agency unlawfully issued standards that fit the definition of a rule as a “permit,” and that they could not permissibly do so without first going through the state Administrative Procedures Act (APA) rulemaking process. NFIB also participated in oral argument as amici.

Amicus:

Minnesota Auto Dealers Association v. Minnesota Pollution Control Agency (3/13/23) – Minnesota Supreme Court

NFIB SBLC filed a request for leave to participate as amicus in a case challenging Minnesota’s implementation of California car emission standards.

Plaintiff:

*McCarty, et al. v. Missouri Secretary of State (12/6/24) – Missouri Supreme Court

NFIB SBLC joined coalition in challenging Proposition A, a paid sick leave mandate and minimum wage increase approved by voters in the 2024 election. Lawsuit alleges that Prop A violates Missouri law and the state constitution.

Plaintiff:

*Settelmeyer v. State (9/4/20; 9/8/20; 2/5/21) – Nevada District Court

NFIB joined a coalition of plaintiffs challenging the Nevada Legislature’s increase in specific revenues as unconstitutional given that they were not passed with a 2/3 majority as the state constitution requires.

Amicus:

Branch v. Cream O-Land Dairy (2/18/2020) – New Jersey Supreme Court

NFIB SBLC’s amicus brief argued that employers should be able to rely on guidance by low-level NJDOL officials acting as the final decision maker in an investigation, when asserting the good-faith defense for failure to pay minimum wage or overtime.

Amicus:

Grant v. Global Air Dispatch, Inc. (4/29/2022) – New York Supreme Court Appellate Division Second Department

NFIB SBLC joined an amicus brief arguing that New York Labor law does not confer a private right of action for violations of requirement to pay “manual workers” on a weekly basis and that the statute does not permit liquidated damages.

Hedges v. Planned Security (8/28/2020) – New York Supreme Court, Appellate Division, First Department

NFIB SBLC joined an amicus brief in support of defendants to push back against runaway verdicts generated by plaintiffs’ attorneys who are seeking to raise pain and suffering awards.

Perez v. Live Nation (9/8/2020); (4/30/21) – New York Supreme Court Appellate Division, 1^st Department

NFIB SBLC joined two business coalition briefs addressing improper anchoring practices that have led to excessive pain and suffering awards in New York.

Redish v. Adler (12/27/2020) – New York Supreme Court, Appellate Division, First Department

NFIB SBLC joined an amicus brief in support of defendants to push back against runaway verdicts generated by plaintiffs’ attorneys who are seeking to raise pain and suffering awards.

Amicus:

Betts v. North Carolina Department of Health – (8/19/2022) – North Carolina Court of Appeals

NFIB SBLC joined an amicus brief arguing that a North Carolina statute requiring “total loss of wage-earning capacity” to receive disability beyond a statutorily-imposed cap meant a complete destruction of the ability to earn wages.

Griffin v. Absolute Fire Control (3/17/2020) – North Carolina Supreme Court

NFIB SBLC’s amicus brief argued that the court of appeals misapplied the standard of review for appeals from the Industrial Commission and impermissibly imposed a burden on the Defendant to disprove the disability.

Saunders v. Hull Property Group (4/15/2020) – North Carolina Supreme Court

NFIB SBLC’s amicus brief defended North Carolina’s 2011 worker’s compensation reform on work eligibility.

Sturdivant v. North Carolina Department of Public Safety (9/22/2022) – North Carolina Court of Appeals

NFIB SBLC joined an amicus brief arguing that the NC Workers’ Compensation Commission correctly defined “total loss of wage-earning capacity” to mean the complete loss of the ability to earn wages in any employment and that Plaintiff in this case did not satisfy that standard.

Amicus:

Brandt v. Pompa (11/24/221) – Ohio Supreme Court

NFIB filed an amicus brief in the case Brandt v. Pompa at the Ohio Supreme Court, on the constitutionality of Ohio’s statutory limit on noneconomic damages.

Ohio v. DeWine (7/22/21) – Ohio Court of Common Pleas

NFIB SBLC filed a coalition amicus brief urging the court to uphold the Governor’s suspension of temporary supplemental unemployment benefits.

Schaad v. Alder (8/10/2022) – Ohio Supreme Court

NFIB SBLC joined coalition brief advocating for fair municipal taxing schemes. Our brief argued that an Ohio COVID-19 tax law to relieve businesses of separate municipal tax burdens when employees work from home, did not speak to where an employee’s income is taxable.

Amicus:

Stewart v. Stitt (7/30/21) – Oklahoma Supreme Court

NFIB SBLC joined a coalition amicus brief defending Oklahoma Governor’s decision to end temporary supplemental unemployment benefits.

Plaintiff:

*Oregon Farm Bureau, et al. v. Oregon Environmental Quality Commission (9/21/2022) – Oregon Court of Appeals; (3/10/23) – Oregon Court of Appeals (reply brief)

NFIB SBLC intervened in business coalition suit against the Oregon Environmental Quality Commission (EQC) arguing that its Climate Protection Program rules were procedurally deficient and exceeded the EQC’s statutory authority.

Amicus:

Bohr v. Tillamook County Creamery Association (12/21/23) – Oregon Supreme Court

NFIB SBLC joined a coalition amicus brief arguing against a “price inflation theory”—so the theory goes, if a business engaged in a deceptive marketing practice, the marketing inflates the price of the product, and thus purchasing the product alone suffices to establish class certification. This theory is incorrect and our brief argues that the court should reject it.

Amicus:

Bowfin Keycon Holdings, LLC v. Pennsylvania Department of Environmental Protection (6/6/2022) – Pennsylvania Commonwealth Court; (9/9/24) – Pennsylvania Supreme Court

NFIB SBLC joined coalition amicus brief arguing that Pennsylvania Regulation 7-559, which allows the state to join a multi-state climate change compact, usurps the legislative power to tax granted by the Pennsylvania Constitution and that the Regulation will increase electricity and energy costs on small businesses and consumers.

Commonwealth v. Chesapeake Energy Corp. (1/9/2020) – Pennsylvania Supreme Court

NFIB SBLC’s amicus brief argued that Pennsylvania Consumer Protection Law only prohibits unfair or deceptive practices by sellers, not in any commercial transaction, and does not give the AG power to pursue antitrust claims.

Hangey v. Husqvarna Professional Products, Inc. (7/21/2022) – Pennsylvania Supreme Court

NFIB SBLC joined coalition amicus brief arguing that the Pennsylvania Rules of Civil Procedure should not be interpreted to require a business to defend itself in a jurisdiction where its sales are a de minimis or negligible percentage of its overall operation.

Mortimer v. McCool (9/8/2020) – Pennsylvania Supreme Court

NFIB SBLC filed an amicus brief arguing that Pennsylvania law has long held that a court may only “pierce the corporate veil” and hold individual business owners personally liable in very limited circumstances.

Punxsutawney Hunting Club, Inc. v. Pennsylvania Game Commission (1/18/24) – Pennsylvania Supreme Court

NFIB SBLC filed an amicus brief urging the state supreme court to discard the “open fields” doctrine, which allows for warrantless searches of private property.

Santiago v. Sky Zone, LLC (4/20/23) – Pennsylvania Supreme Court

NFIB SBLC joined a coalition amicus brief arguing that parents ought to be able to bind minor children to arbitration clauses and that the lower court could not create an exception out of whole cloth.

Scarnati v. Wolf (6/23/2020) – Pennsylvania Supreme Court

NFIB SBLC joined an amicus brief that challenged Governor Wolf’s emergency declaration. The brief argued that following an initial emergency declaration by the Governor, the General Assembly was authorized to act and the Governor should end his declaration.

Shirley v. Pennsylvania Legislative Reference Bureau (9/9/24) – Pennsylvania Supreme Court

NFIB SBLC filed an amicus brief arguing that Regional Greenhouse Gas Initiative’s requirement that fossil fuel-fired electricity generators purchase CO2 allowances is an unlawful tax.

Ziadeh v. Pennsylvania Legislative Reference Bureau (11/28/2022) – Supreme Court of Pennsylvania Middle District

NFIB SBLC joined coalition amicus brief arguing that the Commonwealth Court correctly issued a preliminary injunction against Pennsylvania’s 7-559 Regulation because it presented a substantial question of law. We further argued that the requirement to purchase allowances is an unconstitutional tax.

Amicus:

Brannon v. McMaster (8/27/21) – South Carolina Court of Common Pleas, Fifth District

NFIB SBLC joined a coalition amicus brief defending South Carolina Governor’s decision to end temporary supplemental unemployment benefits.

Devey v. Johnson & Johnson (8/17/2020) – South Carolina Supreme Court

NFIB SBLC joined an amicus brief that argued that trial court erred in allowing a personal injury case to proceed forward against a defendant where the plaintiff had no known exposures to asbestos and a type of cancer (peritoneal or “abdominal” mesothelioma) that typically has no known association with the product used.

Edwards v. Scapa Waycross (7/18/23) – South Carolina Supreme Court

NFIB SBLC joined an amicus brief arguing against a “cumulative dose” asbestos exposure theory, stating that such a theory would open businesses up to frivolous and expensive lawsuits over incidental asbestos exposures.

Richardson v. 420,771 in U.S. Currency and Travis Green (9/9/2020) – South Carolina Supreme Court

NFIB SBLC filed a brief asking the South Carolina Supreme Court to take a case that could limit the state’s use of civil asset forfeiture.

Amicus:

C.M v. Lee (9/3/21) – U.S. District Court for Tennessee

NFIB SBLC joined a coalition amicus brief defending Tennessee Governor’s decision to end temporary supplemental unemployment benefits.

Coffman v. Armstrong International (4/1/2020); (4/13/2020) – Tennessee Supreme Court

NFIB SBLC’s amicus brief argues against a duty to warn of potentIal exposure to asbestos by makers of uninsulated products in “bare metal” form containing external thermal insulation manufactured and sold by third-parties and attached post-sale, and against a similar duty by manufacturers of pumps and valves coming with asbestos containing materials.

Shaw v. Nashville (12/9/21) – Tennessee Supreme Court

NFIB SBLC filed an amicus brief in a case supporting two homeowners challenging a metropolitan code provision that prevented them from serving customers at their home-based businesses.

Amicus:

Burford v. Alcoa (2/14/23) – Texas Court of Appeals

NFIB SBLC filed an amicus brief in a case concerning whether Texas courts should permit asbestos lawsuits against employers for any exposure to asbestos, regardless of how remote the exposure is. Our brief argued that allowing lawsuits based on any exposure to asbestos would open the floodgates to asbestos litigation.

Ford Motor Co. v. Parks (2/8/24) – Texas Supreme Court

NFIB SBLC filed an amicus brief arguing that Texas’s 15-year statute of repose runs from the date of sale of the product, which means the transfer of the property from buyer to seller regardless of whether payment was rendered in full. The court agreed.

Howmet Aerospace, Inc v. Burford (6/13/24) – Texas Supreme Court

NFIB SBLC filed an amicus brief arguing that court of appeals’ decision upends predictable standard for asbestos exposure cases.

Logan Industries v. Cargotech (11/20/2020) – Texas Supreme Court

NFIB SBLC filed an amicus letter that urged the court to review a lower court decision that created an exceedingly high bar for proving breach of contract claims in a business context.

Amicus:

Gardner v. Norman (8/23/24) – Utah Supreme Court

NFIB SBLC filed an amicus brief arguing that recovery of medical expenses in tort cases should be based on prices actually paid for medical services, instead of chargemaster rates/list prices.

Amicus:

Highlander v. Virginia Department of Wildlife Resources (3/22/24) – Virginia Court of Appeals

NFIB SBLC filed an amicus brief arguing that the “open fields” doctrine doesn’t allow for the warrantless seizure of personal property and that small businesses will suffer if government can seize property without a warrant or exigent circumstances.

Amicus:

Speedway v. Jarrett (6/28/21) – West Virginia Supreme Court

NFIB SBLC filed an amicus arguing that employers are not insurers for the personal conduct of their employees outside of work and are not empowered to police employees off-duty.

Amicus:

Becker v. Dane County (2/15/2022) – Wisconsin Supreme Court

NFIB SBLC joined an amicus brief urging that Wisconsin revisit its nondelegation doctrine precedent and revitalize a strong nondelegation doctrine.

Wisconsin Manufacturers & Commerce v. Evers (11/4/2020) – Wisconsin Circuit Court; (3/1/21) – Wisconsin Court of Appeals

The NFIB SBLC filed two amicus briefs in opposition to a Wisconsin rule that would provide the health department with authority to release positive employee tests at business establishments.