February 4, 2026
NFIB fights for small business in the courts
The NFIB Small Business Legal Center is a resource to support small business. The Legal Center is participating in a variety of court cases involving critical small business issues. Learn about developments in these cases and their impact on small business.
- Relentless, Inc., et al. v. U.S. Department of Commerce:
This case involves the obligation of courts to review how agencies interpret statutes. NFIB’s amicus brief argues that courts must independently and thoroughly review whether a statute provides agencies the authority that it claims. This case is ongoing in the U.S. Court of Appeals for the First Circuit.
- Shawn Montgomery v. Caribe Transport II, LLC, et al.:
This case concerns whether freight brokers can be held liable for the actions of contracted carriers. Increased liability for freight brokers hurts the shipping industry, raising costs for brokers, for small businesses, and for consumers. NFIB’s amicus brief argues two main points: 1) the Federal Aviation Administration Authorization Act preempts state tort suits against brokers and 2) permitting broker liability for negligently hiring a motor carrier would impose enormous costs on the shipping industry without improving safety.
- Flowers Foods, Inc., et al. v. Angelo Brock:
NFIB joined several other business groups in filing its amicus brief in this case, defending the right to arbitration. The case involves delivery workers who want to prevent their arbitration clause from being enforced. However, arbitration is essential for small businesses, serving as an alternative to the costly and time-consuming legal process. Our brief asks the Court to safeguard arbitration for small businesses nationwide.
- Michael Pung v. Isabella County, Michigan:
This case focuses on just compensation when the government seizes and sells a property to satisfy a tax debt. NFIB joined several businesses in filing an amicus brief, asking the courts to provide clear direction to ensure property owners are fairly compensated for their property. NFIB’s brief argues that landowners should be compensated based on court precedents and historical principles.
The NFIB Small Business Legal Center will continue to fight for the rights of small businesses and work to eliminate harmful regulations that hinder our nation’s small business growth. NFIB is involved in more than 40 cases across Federal and State courts nationwide, including the Supreme Court. Reach out to the NFIB Small Business Legal Center at info@nfib.org with any questions.
NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
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