Date: September 23, 2013 Last Edit: November 08, 2016

Biery v. United States – Legal Reform

United States Supreme Court – cert petition

This case presents an important issue for the small business community because it raises a question as to how attorney’s fees should be calculated and awarded to individuals or businesses who successfully litigate claims against the United States. More specifically, the petition asks whether it was appropriate for the court of federal claims to reduce an attorney’s fee award 38% below market rate after the federal government forced the petitioners to spend hundreds of thousands of dollars to obtain the compensation they were owed for the taking of their properties. Given the exorbitant costs of litigation—and the difficulties presented in litigating against the government—it is important that we protect the right of business owners to fully recoup attorney’s fees in these cases. And as suggested in our amicus brief, it is also important ensure full attorneys fee awards in these cases as a means to discourage wasteful litigation practices, or to otherwise dissuade the authorities from taking unnecessarily aggressive positions in litigation.


HAA (Heartland Apt. Assoc.) v. City of Mission – Property Rights
Kansas Court of Appeals

This case seeks to strike down the City of Mission’s Transportation Utility Fee (TUF) ordinances.  The TUF is imposed on the owners of all developed property within the City, and a different rate is charged depending on whether the development is categorized as “single family residential,” “multi-family residential” or “non-residential use.” NFIB’s brief raised concerns with the TUF. These sorts of monetary exactions—whether viewed as taxes or fees—impose burdens on small business and raise constitutional issues in so far as they exact monetary property from the citizens.


Morriss v. BNSF Railway – Employment
U.S. Court of Appeals for the Eighth Circuit – 5/22/15    

The court is being asked to decide whether obesity not caused by a physiological condition is a disability for purposes of accommodation under the ADA.


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.

Thank You



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