American Chemistry Council v. Kenney (7/1/26) – U.S. District Court District of New Mexico

NFIB filed a lawsuit challenging a New Mexico law and regulation that requires manufacturers and retailers of products containing PFAS to reduce their use, and imposes a labeling requirement on products containing PFAS.

 

American Public Health Association v. Environmental Protection Agency (EPA) (3/20/26) – U.S. Court of Appeals for the D.C. Circuit

NFIB intervened in a lawsuit against the EPA over its recission of the 2009 Greenhouse Gas (GHG) Endangerment Finding, which cleared the way for the agency to impose emissions regulations on diesel- and gas-powered motor vehicles. NFIB supports EPA’s recission of the Endangerment Finding, and intervention in the lawsuit will ensure that the courts issue a decision regardless of changes in Administrations and EPA views.

 

Chamber of Commerce, et al. v. Occupational Safety and Health Administration (5/21/24) – U.S. District Court Western District of Texas

NFIB sued OSHA over its new workplace walkaround rule. The lawsuit claims that the walkaround rule violates the Administrative Procedure Act and Regulatory Flexibility Act, as well as the Fifth Amendment’s Takings Clause.

 

Coalition for Workforce Innovation, et al. v. Su (3/5/24) – U.S. District Court, Eastern District of Texas

NFIB sued the Department of Labor over its Independent Contractor (IC) Rule. The lawsuit alleges that the 2024 IC Rule violates the Regulatory Flexibility Act, Fair Labor Standards Act, and Administrative Procedure Act.

 

Custom Communications, Inc. v. Federal Trade Commission (11/21/24; 1/2/25) – U.S. Court of Appeals for the Eighth Circuit

NFIB’s lawsuit against the FTC’s Negative Option Rule was consolidated with others leading to the rule being invalidated by the Eighth Circuit.

 

Michigan Press Association, et al. v. Federal Trade Commission (10/22/24) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed a Petition for Review of the FTC’s Negative Option Rule, which imposes additional requirements on entities that use automatic renewals or subscriptions.

 

Minnesota Associated Builders & Contractors, et al. v. Ellison (2/20/24) – U.S. District Court for the District of Minnesota; (10/18/24; 1/31/25) – US Court of Appeals for the Eighth Circuit

NFIB filed a lawsuit challenging Minnesota’s Captive Audience law. The lawsuit alleges that it is an unconstitutional restriction of speech under the First Amendment and is preempted by the National Labor Relations Act.

 

National Association of Homebuilders v. Montgomery City, Maryland (10/17/24) – U.S. District Court for the District of Maryland; (4/14/26) – U.S. Court of Appeals for the Fourth Circuit

NFIB sued Montgomery County over its ban on the use of gas appliances in new constructions. The lawsuit claims that the County’s gas ban is preempted by federal law.

 

NFIB v. OSHA (including Texas Trucking Association v. OSHA) (consolidated with BST Holdings LLC v. OSHA) (11/9/21) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed a lawsuit  arguing that OSHA’s emergency temporary standard pertaining to vaccination or testing violated the OSH Act and congressional delegation.

 

Plano Chamber of Commerce, et al. v. Su (5/22/24) – U.S. District Court Eastern District of Texas; (12/4/24) – U.S. Court of Appeals for the Fifth Circuit (as State of Texas v. Department of Labor)

NFIB sued the Department of Labor (DOL) over its 2024 overtime rule increasing the minimum salary thresholds for EAP overtime exemption under the Fair Labor Standards Act. The lawsuit claims the overtime rule exceeds DOL’s statutory authority.

 

Texas Top Cop Shop, Inc., et al. v. Garland (5/28/24) – U.S. District Court Eastern District of Texas; (12/6/24; 1/20/25) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed a lawsuit against the Attorney General and the Department of the Treasury alleging that the Corporate Transparency Act and its beneficial ownership reporting requirements for small businesses are unconstitutional under Article I and the First, Fourth, and Tenth Amendments of the Constitution.

 

U.S. Chamber of Commerce, et al. v. Bartolomeo (11/1/22) – U.S. District Court for the District of Connecticut

NFIB  sued Connecticut over its captive audience law. The lawsuit alleges that this law is an unconstitutional restriction of speech under the First Amendment and is preempted by the National Labor Relations Act.

Advance Stores Co., Inc. v. Birthwright (8/12/24) – U.S. Court of Appeals for the Second Circuit

NFIB filed an amicus brief urging the Court to grant interlocutory appeal and decide whether NY Labor Law § 191 includes a private right of action.

 

AFL-CIO v. Occupational Safety and Health Administration (5/29/20) – U.S. Court of Appeals for the District of Columbia

NFIB filed an amicus brief opposing the AFL-CIO’s petition for the Department of Labor to enact additional COVID-10 emergency standards.

 

Alabama v. Yellen (4/30/21) – U.S. District Court for Alabama

NFIB filed an amicus brief arguing that the American Rescue Plan Act’s Tax Mandate violates the Constitution’s Spending Clause..

 

Allstates v. Walsh (11/15/22); (10/16/23) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed two amicus briefs discussing the constitutional text, history, and importance of a strong nondelegation doctrine and arguing that OSHA workplace safety rules violate the doctrine as an unconstitutional delegation of legislative powers.

 

Amazon.com Services LLC v. National Labor Relations Board (NLRB) (3/19/25) – U.S. Court of Appeals for the Eleventh Circuit

NFIB filed an amicus brief arguing that an NLRB decision holding that employers violate the National Labor Relations Act when they discuss unionization at workplace meetings violates the First Amendment.

 

Amazon.com Services LLC v. New York Public Employment Relations Board (9/30/25) – U.S. District Court for the Eastern District of New York

NFIB filed an amicus brief arguing that New York law giving state agencies more authority over private sector labor relations is preempted by the National Labor Relations Act.

 

American Steel Construction Inc. (1/21/22) – National Labor Relations Board

NFIB filed an amicus brief urging the Board not to return to a previous standard for determining whether a bargained-for unit is appropriate.

 

Arizona v. Yellen (4/26/21) – U.S. District Court for Arizona

NFIB filed an amicus brief arguing that the American Rescue Plan Act’s Tax Mandate violates the Constitution’s Spending Clause.

 

ATS Tree Services, LLC v. Federal Trade Commission (6/3/24) – U.S. District Court Eastern District of Pennsylvania

NFIB filed an amicus brief arguing that the FTC’s ban on noncompetes contains a flawed cost-benefit analysis and is arbitrary and capricious.

 

Brown-Forman Corporation v. National Labor Relations Board (NLRB) (4/23/25) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed an amicus brief arguing that a union card authorization and order forcing an employer to bargain with a union was an improper remedy for the NLRB to apply for alleged unfair labor practices during a union election.

 

Buckeye Institute v. Internal Revenue Service (11/24/25) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed an amicus brief arguing that IRS 501(c)(3) donor reporting requirement violates the First Amendment.

 

California Chamber of Commerce v. Bonta (1/23/26) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief arguing that California’s Captive Audience law impermissibly regulates employer speech.

 

Cemex Construction Materials Pacific, LLC v. National Labor Relations Board (NLRB) (2/9/24) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief arguing that NLRB’s Cemex decision violates Supreme Court precedent and contravenes Congressional intent, preferring secret ballot elections for union organizing.

 

Chabolla v. ClassPass Inc. (4/24/25) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief urging Ninth Circuit to rehear case en banc and clarify online terms of use and notice requirements.

 

Clark v. A&L Home Care and Training Center, LLC (5/12/22) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed an amicus brief arguing that the Fair Labor Standards Act requires district courts to determine whether plaintiffs are “similarly situated” at the outset of a collective action claim, the Lusardi standard allowing conditional certification is erroneous, and the Sixth Circuit should adopt a stricter standard.

 

Community Associations Institute v. Department of Treasury (1/30/25) – U.S. Court of Appeals for the Fourth Circuit

NFIB filed an amicus brief arguing that Congress exceeded its constitutional commerce power in enacting the Corporate Transparency Act because the act regulates inactivity or noneconomic activity.

 

Corner Post, Inc. v. Board of Governors of the Federal Reserve System (11/22/24) – U.S. District Court for District of North Dakota; (2/20/26) – U.S. Court of Appeals for the Eighth Circuit

NFIB filed two amicus briefs arguing that Regulation II’s debit card interchange fee cap does not comply with the text of the Durbin Amendment and that the Board considered costs that Congress prohibited.

 

Cozy Inn, Inc. v. City of Salina, Kansas (3/31/26) – U.S. Court of Appeals for the Tenth Circuit

NFIB filed an amicus brief arguing that the City’s prohibition against murals on the side of a business simply because the mural related to the commercial product of the business, violates the First Amendment.

 

East Fork Enterprises, Inc. v. Environmental Protection Agency (EPA) (10/30/24) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief claiming that EPA’s rules on methylene chloride using a “whole chemical” approach violate the Toxic Substances Control Act’s “unreasonable risk” standard and exceed the agency’s authority.

 

ERIC v. City of Seattle (9/3/20) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief in support of an effort to stop a Seattle mandate that employers provide health insurance.

 

ERIC v. City of Seattle (5/12/21) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief arguing that Seattle’s paid leave mandate is unconstitutional. The court of appeals upheld the mandate.

 

FDRLST Media v. National Labor Relations Board (3/29/21) – U.S. Court of Appeals for the Third Circuit

NFIB filed an amicus brief arguing that the National Labor Relations Act permits only a “person aggrieved” by an employer practice to file an unfair labor practice complaint, not “any person” as the Board interpreted the law.

 

Fisher v. City of Ocean Springs, MS (6/18/25) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief arguing that property owners should have an adequate procedure for challenging blight designations, which often precede eminent domain proceedings.

 

Frisard’s Transportation, LLC v. Department of Labor (DOL) (6/24/24) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief arguing that DOL’s rescission of the 2021 Independent Contractor rule is arbitrary and capricious, and that the 2024 rule violates the Fair Labor Standards Act.

 

Google v. Freedom Watch (2/6/20) – U.S. Court of Appeals for the District of Columbia

NFIB filed an amicus brief arguing that the D.C. laws prohibiting discrimination in public accommodations only apply to physical places of public accommodation and not online platforms, nor does the First Amendment apply to private companies.

 

Halstead Bead v. Richards (10/18/22) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief supporting an Arizona small business in its challenge to Louisiana’s remote seller sales tax regime.

 

International Union of Operating Engineers, Local Union No. 150 (12/28/20) – National Labor Relations Board

NFIB filed an amicus brief arguing that the Board needs to adopt a standard that prohibits union exhibition of dead rats as a form of secondary boycott.

 

Intuit, Inc. v. Federal Trade Commission (4/22/24) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief arguing that multi-layer tenure protections for FTC administrative law judges are unconstitutional and create a structural defect in FTC adjudications.

 

Kentucky  v. Environmental Protection Agency (EPA) (4/26/23) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed an amicus brief urging the Sixth Circuit to enjoin the EPA’s WOTUS rule pending appeal.

 

Kentucky Chamber, et al. v. Environmental Protection Agency (EPA) (4/26/23) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed an amicus brief urging the Sixth Circuit to enjoin the EPA’s WOTUS rule pending appeal.

 

Kentucky v. Yellen (7/12/21) – U.S. District Court for Kentucky; (3/11/22) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed two amicus briefs arguing that a provision of the American Rescue Plan Act (ARPA) of 2021, which would prohibit states from using ARPA funds for direct or indirect tax relief for small businesses, is unconstitutional as an intrusion on sovereign state taxing power, is impermissibly coercive, and will have dire consequences if left standing.

 

Linney’s Pizza, LLC v. Board of Governors of the Federal Reserve (2/26/25) – U.S. District Court for the Eastern District of Kentucky; (5/6/26) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed two amicus briefs arguing that the Federal Reserve’s Regulation II fee cap for debit card interchange fees includes categories of costs that Congress expressly prohibited.

 

Mabe v. Wal-Mart Associates (4/28/22) – U.S. District Court Northern District of New York

NFIB filed an amicus brief in federal court arguing that New York Labor law does not confer a private right of action for violations of requirement to pay “manual workers” on a weekly basis and that the statute does not permit liquidated damages.

 

Mayfield v. Department of Labor (1/24/24; 11/4/24) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed two amicus briefs arguing that the Fair Labor Standards Act’s employee, administrative, or professional (“EAP”) exemption from overtime pay focuses solely on an employee’s duties and not their salary.

 

Madrigal v. Ferguson Enterprises LLC (7/16/25) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief arguing that the Federal Arbitration Act’s transportation worker exemption does not apply to drivers making in-state deliveries of goods that have come to rest at an in-state warehouse.

 

McLaren Macomb v. National Labor Relations Board (9/19/23) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed an amicus brief arguing that restricting non-disparagement provisions in severance agreements puts sensitive business information at risk.

 

Missouri v. Yellen (4/15/21) – U.S. District Court for Missouri; (7/21/21) – U.S. Court of Appeals for the Eighth Circuit

NFIB filed two amicus briefs arguing that the American Rescue Plan Act’s Tax Mandate violates the Constitution’s Spending Clause.

 

Mountaire Farms, Inc. (10/7/20) – National Labor Relations Board

NFIB filed an amicus brief that argued the contract bar is unnecessary to achieve labor relations stability. Instead, in its present form, the contract bar doctrine seriously impairs employee freedom of choice in a manner contrary to the Act.

 

MN ABC v. Blissenbach (4/30/25) – U.S. Court of Appeals for the Eighth Circuit

NFIB filed an amicus brief supporting an appeal of a denied preliminary injunction in a challenge to Minnesota’s new independent contractor law.

 

Murphy v. Raimondo (6/16/23) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief challenging the Census Bureau’s authority to issue the American Community Survey and request highly personal information, emphasizing the harm to businesses from similar non-census surveys.

 

National Association of Wholesaler-Distributors v. Feldon (1/26/26) – U.S. District Court for the District of Oregon

NFIB filed an amicus brief arguing that Oregon’s packaging law violates the Dormant Commerce Clause of the Constitution by regulating out-of-state producers.

 

National Labor Relations Board v. State of New York (10/7/25) – U.S. District Court for the Northern District of New York

NFIB filed an amicus brief arguing that a New York law giving state agencies more authority over private sector labor relations is preempted by the National Labor Relations Act.

 

National Labor Relations Board v. State of California (11/25/25) – U.S. District Court for the Eastern District of California

NFIB filed an amicus brief arguing that a California law giving state agencies more authority over private sector labor relations is preempted by the National Labor Relations Act.

 

National Small Business United v. Yellen (5/20/24) – U.S. Court of Appeals for the Eleventh Circuit

NFIB filed an amicus brief arguing that the Corporate Transparency Act and its beneficial ownership information reporting requirement is not a valid exercise of Congress’s Commerce Clause power.

 

National Resources Defense Council v. National Highway Transportation and Safety Administration (12/1/22) – U.S. Court of Appeals for the D.C. Circuit

NFIB filed an amicus brief arguing that the Energy Policy and Conservation Act foreclosed consideration of electric vehicles when setting fuel-economy standards, and thus NHTSA was wrong to do so.

 

Nebraska v. Walsh (6/27/23) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief arguing that the Department of Labor’s  rule on increasing the minimum wage for federal contractors goes beyond the authority delegated by Congress in the Federal Property and Administrative Services Act.

 

New York v. U.S. Department of Labor (2/12/21) – U.S. Court of Appeals for the Second Circuit

NFIB filed an amicus brief defending the Department of Labor’s joint-employer rule under the Fair Labor Standards Act. NFIB argued that the Department’s rulemaking process was neither arbitrary nor capricious under the Administrative Procedure Act.

 

Ohio v. Environmental Protection Agency (10/31/22) – U.S. Court of Appeals for the D.C. Circuit

NFIB filed an amicus brief laying out the framework of the “major-questions doctrine” and arguing that this was a “major-questions” case.

 

Ohio Telecom Association v. Federal Communications Commission (10/6/25) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed an amicus brief arguing that Congress’s disapproval of a federal regulation pursuant to the Congressional Review Act prevents agencies from republishing portions of a rejected rule.

 

Ohio v. Yellen (4/9/21) – U.S. District Court for Ohio

NFIB filed an amicus brief arguing that the American Rescue Plan Act’s Tax Mandate violated the Constitution’s Spending Clause.

 

Oracle v. Department of Labor (DOL) (5/3/20) – U.S. District Court for the District of Columbia

NFIB filed an amicus brief in a case against the DOL challenging an unconstitutional administrative enforcement regime the agency created  without any authorization from Congress. The challenged regulations authorize DOL to sue government contractors not in federal court, but before in-house administrative law judges.

 

Outdoor Power Equipment Institute v. Environmental Protection Agency (EPA) (2/10/26) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief arguing that EPA’s authorization for California to effectively ban gas-powered equipment harms Californians because alternative power sources cannot meet the needs of small businesses and emergency responders during emergencies, natural disasters, or wildfires.

 

Pakdel v. San Francisco (5/18/20) – U.S. Court of Appeals for the Ninth Circuit

NFIB filed an amicus brief urging the court to adopt a consistent standard for reviewing legislative conditions requiring dedication of money (or other property rights) as a term of a land use permit approval.

 

Petition for Rulemaking to Overrule Cemex Construction Materials Pacific, LLC (3/12/26) – National Labor Relations Board (NLRB)

NFIB filed a petition urging the NLRB to issue a rule overturning one of its prior decisions that caused confusion and inconsistency, and conflict with the National Labor Relations Act’s preference for secret-ballot union elections.

 

Petition for Rulemaking to Revisit Amazon.com Services LLC (3/12/26) – National Labor Relations Board (NLRB)

NFIB filed a petition asking the NLRB to reconsider a standard it announced in a previous decision that mandatory captive-audience meetings violate the National Labor Relations Act.

 

Relentless v. Department of Commerce (1/23/26) – U.S. Court of Appeals for the First Circuit

NFIB filed an amicus brief arguing that after the elimination of Chevron deference in Loper Bright Enterprises v. Raimondo, courts must independently and thoroughly review whether a statute provides an agency the authority that it claims.

 

Restaurant Law Center v. Department of Labor (DOL) (5/16/22); (11/2/23) – U.S. Court of Appeals for the Fifth Circuit

NFIB  filed two amicus briefs arguing that the DOL’s 80/20 Tip Credit Rule is not required by the Fair Labor Standards Act, that it imposes onerous regulatory burdens on small businesses, and that requiring small business owners to split a job into sub-tasks and record the minutes and seconds devoted to each task will lead to confusion and compliance difficulties.

 

Restaurant Law Center v. City of New York (6/29/22) – U.S. Court of Appeals for the Second Circuit

NFIB filed an amicus brief arguing that the City’s recently-enacted “Just Cause” law limiting when an employer can discipline an employee or reduce their hours is preempted by the National Labor Relations Act, violates the Commerce Clause, and imposes significant costs on businesses.

 

Reyes v. Waples Mobile Home Park LP (11/17/22) – U.S. Court of Appeals for the Fourth Circuit

NFIB filed an amicus brief advocating against a subjective necessity standard for discharging an employer’s burden under the Fair Housing Act, noting that it would contravene safeguards against criminal liability and harm small businesses that provide housing and hospitality services, as well as the consumers who rely on them.

 

Richards v. Eli Lilly & Co. (10/7/24) – U.S. Court of Appeals for the Seventh Circuit

NFIB filed an amicus brief arguing that courts must determine whether plaintiffs are “similarly situated” at the beginning of a collective action instead of using the two-step Lusardi method.

 

Ryan, LLC v. Federal Trade Commission (5/15/24) – U.S. District Court Northern District of Texas; (2/10/25) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed two amicus briefs arguing that the FTC rule banning noncompete agreements was based on a flawed cost-benefit analysis.

 

Smith v. Department of Treasury (2/14/25) – U.S. District Court for the Eastern District of Texas

NFIB filed an amicus brief arguing that the court should keep in place a previous hold placed on the Beneficial Ownership Reporting Rule.

 

Starbucks v. National Labor Relations Board (NLRB) (12/8/23) – U.S. Court of Appeals for the Third Circuit

NFIB filed an amicus brief arguing that the NLRB does not have the statutory authority to award compensatory damages, and its attempt to do so is unconstitutional.

 

State of Texas v. Biden (3/29/24) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief arguing that the Procurement Act does not give the President unilateral authority to increase the minimum wage for federal contractors.

 

State of Texas v. Department of Labor (DOL) (6/21/24) – U.S. District Court Eastern District of Texas

NFIB filed an amicus brief arguing that DOL exceeded its authority under the Fair Labor Standards Act by promulgating the 2024 overtime rule. NFIB’s own lawsuit against the overtime salary threshold was later consolidated with this case.

 

Tesla, Inc. (3/22/21) – National Labor Relations Board

NFIB filed an amicus brief arguing that employers do not violate the National Labor Relations Act by enacting reasonable uniform policies.

 

Tesla, Inc. v. National Labor Relations Board (2/9/23) – U.S. Court of Appeals for the Fifth Circuit

NFIB  filed an amicus brief advocating for the employer’s right to adopt reasonable uniform policies.

 

Texas v. Environmental Protection Agency (EPA) (11/10/22) – U.S. Court of Appeals for the D.C. Circuit

NFIB filed an amicus brief arguing that the EPA’s tailpipe rule violates the “major-questions doctrine” and will harm small businesses and consumers by increasing energy costs.

 

Texas v. Yellen (10/4/21) – U.S. District Court for Texas; (10/31/22) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief arguing that the American Rescue Plan Act’s Tax Mandate violates the Constitution’s Spending Clause.

 

Texas Chemistry Council v. Environmental Protection Agency (EPA) (10/7/24) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief arguing that EPA’s final rule banning chrysotile asbestos diaphragms exceeds the agency’s authority and upsets the balance in the Toxic Substances Control Act.

 

The Atlanta Opera, Inc. (2/10/22) – National Labor Relations Board

NFIB filed an amicus brief urging the Board to retain the traditional common law agency test for determining when an individual is an employee or independent contractor under the National Labor Relations Act.

 

Thompson v. DeWine (7/24/20) – U.S. Court of Appeals for the Sixth Circuit

NFIB filed an amicus brief arguing that Ohio’s election laws and legal procedures for ballot initiatives, which contain “in person” components, are constitutional.

 

Thryv, Inc. v. National Labor Relations Board (1/10/22) – National Labor Relations Board

NFIB filed an amicus brief urging the Board not to adopt consequential damages as part of its traditional make-whole remedy, but instead continue its practice of reinstatement plus repayment for lost earnings and benefits.

 

Utah v. Su (1/25/24) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief arguing that the Department of Labor’s duty of prudence and duty of loyalty rules, which allow ERISA plan fiduciaries to consider ESG factors in investment decisions, burdens small businesses.

 

Violet Dock Port, Inc. v. Heaphy (2/10/20) – U.S. Court of Appeals for the Fifth Circuit

NFIB filed an amicus brief arguing that an individual or entity has a cognizable Section 1983 claim in federal court where a state authority refuses to pay a state-court judgment and the state court judgment is a protected property interest under state law.

 

Warren v. Department of Labor (1/9/25) – U.S. Court of Appeals for the Eleventh Circuit

NFIB filed an amicus brief supporting a challenge to the Department of Labor’s Independent Contractor rule.

 

Washington Post v. Small Business Administration (3/19/21) – U.S. District Court for the District of Columbia

NFIB filed an amicus brief in support of SBA’s position that Paycheck Protection Program borrowers’ identifying information should be limited in FOIA requests.

 

West Virginia v. Treasury (4/1/22) – U.S. Court of Appeals for the Eleventh Circuit

NFIB filed an amicus brief arguing that the district court properly enjoined a provision of the American Rescue Plan Act of 2021, which would prohibit states from using ARPA funds for direct or indirect tax relief for small businesses. Our brief argued this provision is unconstitutional as an intrusion on sovereign State taxing power, is impermissibly coercive, and will have dire consequences if left standing.