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NFIB Argues in Court That Small Business Owners Should Retain Protections from Predatory Lawsuits

NFIB Argues in Court That Small Business Owners Should Retain Protections from Predatory Lawsuits

May 2, 2024 Last Edit: June 5, 2025

NFIB files amicus brief with Michigan Supreme Court in Attorney General v. Eli Lilly and Co.

NFIB Argues in Court That Small Business Owners Should Retain Protections from Predatory Lawsuits

FOR IMMEDIATE RELEASE LANSING, MI (May 2, 2024) — The National Federation of Independent Business (NFIB), Michigan and the nation’s leading small business advocacy association, filed an amicus brief this morning in the case Attorney General v. Eli Lilly and Co. at the Michigan Supreme Court. The case concerns the Michigan Consumer Protection Act (MCPA) and the protections from abusive litigation that it provides to small business owners and others in the state who conscientiously follow the regulatory policies required under Michigan law.

“For decades, any business, trade, or profession regulated by the state had immunity from frivolous lawsuits.  This is especially important for small businesses who do not have the time or financial ability to contend with baseless litigation,” said Amanda Fisher, NFIB Michigan State Director. “This move by Attorney General Nessel to upend years of precedent clearly illustrates the continued disregard by certain politicians for the vulnerability of Michigan small business owners in regard to bad faith lawsuits and trial lawyers.”

“Small businesses depend on government regulations to be predictable, reasonable, and accountable, and we’re hopeful the Court will understand these concerns and prevent this disastrous reinterpretation of the MCPA,” continued Fisher. “Small business owners who follow the laws regulating their business should continue to be protected from predatory lawsuits.”

Small business owners consistently rank “Unreasonable Government Regulations” and “Uncertainty Over Government Actions” as top problems for their businesses.

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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For 80 years, NFIB has been advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is a nonprofit, nonpartisan, and member-driven association. Since our founding in 1943, NFIB has been exclusively dedicated to small and independent businesses and remains so today. For more information, please visit nfib.com.

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