Challenges to FTC Rule, Corporate Transparency Act Among NFIB Legal Center Amicus Filings

Date: June 18, 2024

Six amicus briefs were filed by NFIB in cases across various courts including the Supreme Court.

What it means: NFIB filed six amicus briefs in various courts across the country to protect the rights of small business owners. 

Our take: Small businesses depend on government agencies being fair and reasonable. Our amicus briefs hold these agencies accountable,” said Beth Milito, Executive Director, Small Business Legal Center. 


NFIB filed six amicus briefs in courts across the country that dealt with important small business issues. The cases involve: 

  1. Intuit v. Federal Trade Commissionfiled in the U.S. Court of Appeals for the 5th Circuit, supports a challenge to the Federal Trade Commission’s (FTC) use of administrative law judges (ALJs), arguing that the multi-layer tenure protections for FTC ALJs are unconstitutional and create structural defects in FTC adjudications. 
  2. Watson Memorial Spiritual Temple of Christ, et al. v. Korbanfiled in the Louisiana Supreme Court, argues that inverse condemnation is a taking for which property owners must be compensated under the Fifth Amendment. 
  3. Attorney General v. Eli Lilly and Co.filed in the Michigan Supreme Court, argues that the Michigan Consumer Protection Act bars lawsuits against companies that are already regulated under other laws.  
  4. Sawtooth Mountain Ranch v. United States Forest Servicefiled in the U.S. Supreme Court, argues that injunctions are a proper remedy for an unconstitutional taking, and that a lower court should not have denied equitable tolling of a statute of limitations when the Supreme Court already stated that the statute in question permitted it. 
  5. Ryan v. Federal Trade Commission filed in the U.S. District Court for the Northern District of Texas supports a challenge to the FTC’s ban on noncompete agreements, and argues that the rule is based on a deeply flawed cost-benefit analysis and is arbitrary and capricious. 
  6. National Small Business United et al. v. U.S. Department of Treasuryfiled in the U.S. Court of Appeals for the 11th Circuit, supports a challenge to the Corporate Transparency Act, and argues that the statute violates the Commerce Clause by regulating noneconomic activity. 


Let your small business voice be heard on the importance of these cases. 

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court. 

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