Small Business in the Courts

Date: November 14, 2014

NFIB is involved in several Supreme Court cases during the 2014 term.

The Supreme Court is set to hear nearly
a dozen cases in which the NFIB Small
Business Legal Center will be participating
during the 2014 term. This year’s term
began on Oct. 6. Here’s a preview from the
Legal Center’s docket:

In Yates v. United States, the Supreme
Court must decide whether John Yates, a
fisherman who threw back three undersized
fish against the orders of a state official,
should be criminally prosecuted and
imprisoned under the document-shredding
provision of the Sarbanes-Oxley Act, a law
intended to stop corporate fraud that has
nothing to do with the protection of wildlife.
In its brief, the NFIB Small Business Legal Center argued that the Sarbanes-Oxley Act
was never intended to attack Americans
for crimes unrelated to the destruction of
records or documents.

The court will hear challenges to two
states’ unconstitutional tax schemes: In
Maryland v. Wynne, the court will decide
whether states must provide a credit
against their own taxes for taxes a resident
pays to another state. Maryland allows
such a credit against its state income tax but not against its local county and city income taxes. In Direct Marketing
Association v. Brohl
, the court will consider
a challenge to a Colorado law that requires
out-of-state retailers to provide confidential data on sales they make to customers in
the state.

In Mach Mining v. Equal Employment
Opportunity Commission
, the court will
decide whether the EEOC is required to
engage in good faith settlement discussions
prior to suing a business for discrimination. In
its brief, the Small Business Legal Center told
the court that the EEOC’s aggressive “sue
first and settle later” strategy is bad policy
and directly contravenes Congress’ intent to
keep employment disputes out of court.

In addition to these pending cases, the
Legal Center has filed briefs in several other
cases. For the latest information, visit NFIB’s Legal Center

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