*NFIB v. OSHA (including Texas Trucking Association v. OSHA (consolidated with BST Holdings LLC v. OSHA) (12/17/21) –U.S. Supreme Court

NFIB SBLC filed a lawsuit on behalf of NFIB and small business employers arguing that OSHA’s emergency temporary standard pertaining to vaccination or testing violated the OSH Act and congressional delegation.

Acheson Hotels LLC v. Laufer (12/8/2022) – U.S. Supreme Court Certiorari; (6/12/23) – U.S. Supreme Court

NFIB SBLC joined two business coalition amicus briefs arguing that remote ADA “testers” who have no intention to actually visit or interact with a business beyond visiting the business website, do not have a sufficient injury for Article III standing.

 

Adir International LLC v. Starr Indemnity & Liability Corp. (11/12/21) – U.S. Supreme Court

NFIB SBLC filed an amicus brief in support of the defendant arguing that a California law that allows the state AG to nullify a defendant’s D&O insurance simply by accusing the defendant of wrongdoing under the state unfair competition and false advertising laws violates the insured’s due process rights.

 

Aladdin Manufacturing v. Water Works (9/28/2020) – U.S. Supreme Court (Cert Petition)

NFIB SBLC joined an amicus brief that urged the Court to overturn an Alabama Supreme Court ruling that adopted an expansive “foreseeable effects” theory of specific personal jurisdiction, under which a court may exercise personal jurisdiction based merely on allegations that the business knew that its out-of-state conduct could have in-state effects.

 

Allstates Refractory Contractors, LLC v. Su (2/29/24) – US Supreme Court Certiorari

NFIB SBLC filed an amicus brief arguing that constitutional structure requires a strong nondelegation doctrine and that Congress’s standardless grant of discretion to OSHA to create workplace safety rules is an unconstitutional delegation of legislative powers. Court denied cert.

 

American Forest Resource Council v. United States (12/15/23) – U.S. Supreme Court Certiorari

NFIB SBLC joined an amicus brief arguing that when the President designates national monuments under the Antiquities Act, he cannot repurpose vast swaths of land congressionally decreed for productive use. The executive branch violates separation of powers and harms small businesses when it does so.

 

American Society of Journalists v. Bonta (4/22/2022) – U.S. Supreme Court Certiorari

NFIB SBLC joined coalition brief urging the Supreme Court to grant review of California’s Assembly Bill 5. Our brief argued that AB5’s recategorizing of independent contractors as employees burdens free speech, harms contractors, and harms small businesses.

 

Americans for Prosperity v. Becerra (3/1/21) – U.S. Supreme Court

NFIB SBLC filed an amicus brief in support of Americans for Prosperity Foundation’s suit against California’s law that requires organizations that solicit charitable contributions in that state to file copies of their federal IRS Form 990 tax forms. The lawsuit argued that the reporting requirement violates the organization’s First Amendment rights to free speech and free association; lower courts upheld the law.

 

Baker v. City of McKinney (7/26/24) – US Supreme Court Certiorari

NFIB SBLC filed an amicus brief arguing that government owes just compensation to property owners when it engages in physical taking of property pursuant to its police power authority. Court denied cert.

 

Bittner v. United States (8/23/2022) – U.S. Supreme Court

NFIB SBLC joined a business coalition amicus brief arguing for the application of a rule of lenity in civil penalty prosecutions, and against unlimited agency discretion to multiply the number of Bank Secrecy Act violations.

 

Boechler P.C. v. IRS (11/22/21) – U.S. Supreme Court

NFIB filed an amicus brief in the case arguing the decision of the Eighth Circuit upholding the Tax Court’s refusal to hear the taxpayer’s claim should be reversed.

 

Bridge Aina Le’a v. Hawaii Land Use Commission (8/21/2020) – U.S. Supreme Court (Cert Petition)

NFIB SBLC joined a brief that argued that the Court should review Lucas and Penn Central and offer clarification on regulatory takings.  Courts and commentators agree that it is extremely difficult or even impossible for a property owner to recover under current theories.

 

Cedar Point Nursery v. Hassid (9/2/2020) – U.S. Supreme Court (Cert Petition)

NFIB SBLC joined a coalition brief that supported two California growers challenging a state regulation that required growers to allow union organizers access to the growers’ property for the purpose of soliciting support for the union. The brief argued that the regulation effectively appropriates an access easement for the benefit of union organizers, and thus is a taking of private property for private use without just compensation.

 

CIC Services v. Internal Revenue Service (7/22/2020) – U.S. Supreme Court

NFIB SBLC filed an amicus brief requesting the Court clarify that the Anti-Injunction Act’s scope is limited to its terms and that it does not prohibit pre-enforcement judicial review of tax rules. The case primarily concerns whether the Anti-Junction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bars challenges to unlawful regulatory mandates issued by administrative agencies that are not taxes.

 

City and County of San Francisco v. Environmental Protection Agency (2/12/24) – US Supreme Court Certiorari; (7/26/24) – US Supreme Court

NFIB SBLC filed two amicus briefs arguing that general NPDES permit conditions based on the quality of receiving waters is harmful for businesses and violates the Clean Water Act.

 

Coinbase, Inc. v. Bielski (1/27/23) – U.S. Supreme Court

NFIB SBLC joined a coalition amicus brief arguing against a Ninth Circuit ruling which forces parties to simultaneously litigate arbitrable disputes at the trial court during an arbitrability appeal at the court of appeals. NFIB’s brief argues that the right to arbitrate is fundamentally a “right not to litigate the dispute in a court” and instead to have the dispute resolved through arbitration.

 

College of Ozarks v. Biden (3/30/23) – U.S. Supreme Court Certiorari

NFIB SBLC joined a coalition amicus brief arguing that the Department of Housing and Urban Development violated the Administrative Procedure Act (APA) when it issued a directive changing how it enforced a federal statute instead of promulgating a rule via the notice and comment process as required by the APA.

 

Connelly v. United States (1/31/24) – US Supreme Court

NFIB SBLC filed an amicus brief arguing that court of appeals’ decision threatens redemption agreements and responsible business succession planning. Court affirmed court of appeals.

 

Consumer Financial Protection Bureau v. Community Financial Services Association of America (7/10/23) – U.S. Supreme Court

NFIB SBLC joined a coalition amicus brief arguing that the Consumer Financial Protection Bureau (CFPB)’s funding structure violates the appropriations clause in Article 1, Section 9 of the Constitution.

 

Corner Post v. Federal Reserve (5/17/23) – U.S. Supreme Court Certiorari; (11/20/23) – U.S. Supreme Court

NFIB SBLC filed two amicus briefs in a case concerning when a new business can challenge burdensome agency regulations, like one imposing debit card fees. NFIB’s briefs argue against burdensome debit card fees on behalf of small business owners.

 

Culley v. Marshall (6/29/23) – U.S. Supreme Court

NFIB SBLC filed an amicus brief in a case arguing that civil asset forfeitures harm small businesses and that the due process clause requires a post-seizure probable cause hearing.

 

Cummings v. Premier Rehab (10/6/21) – U.S. Supreme Court

NFIB SBLC filed an amicus brief arguing that the Supreme Court should affirm the Fifth Circuit’s decision, which ruled that damages for emotional distress are categorically unavailable for violations of Title VI of the Civil Rights Act of 1964 and the statutes that incorporate its remedies for victims of discrimination.

 

Dakota Finance LLC v. Naturaland Trust (3/3/23) – U.S. Supreme Court Certiorari

NFIB SBLC joined a coalition amicus brief arguing that citizens should not be able to bring suit under the Clean Water Act once a state has commenced litigation to avoid dual enforcement.

 

Devillier v. Texas (11/12/23) – U.S. Supreme Court

NFIB SBLC joined a coalition amicus brief arguing that a person whose property is taken without compensation may seek redress under the self-executing Takings Clause of the Fifth Amendment even if the legislature has not affirmatively provided them with a cause of action.

 

Diamond Alternative Energy v. Environmental Protection Agency (8/7/24) – US Supreme Court Certiorari

NFIB SBLC filed an amicus brief urging Court to grant review because the DC Circuit’s decision upholding the EPA’s Clean Air Act preemption waiver for California contained a flawed justiciability analysis.

 

EMD Sales, Inc. v. Carrera (10/10/23) – U.S. Supreme Court Certiorari; (8/20/24) – US Supreme Court

NFIB SBLC joined two coalition amicus briefs asking the Court to clarify what standard applies for an employer to prove an FLSA overtime exemption. We argued for a lower, commonly applied standard that would allow employers to more easily prove that employees are exempt.

 

ERIC v. City of Seattle (2/18/2022) – U.S. Supreme Court Certiorari

NFIB SBLC joined a business coalition amicus brief urging the Supreme Court to grant cert. Our brief argued that ERISA preempted Seattle’s city-specific healthcare expenditure ordinance.

 

Eychener v. City of Chicago (4/14/21) – U.S. Supreme Court

NFIB SBLC filed an amicus brief arguing that future blight is not a permissible basis for a government taking and asking the court to overrule Kelo v. City of New London.

 

Foster v. USDA (9/14/23) – U.S. Supreme Court Certiorari

NFIB SBLC filed an amicus brief arguing against USDA’s “Swampbuster” program and advising the Court to overturn Chevron.

 

Glacier NW v. Int’l Brotherhood of Teamsters Local 174 (6/15/2022) – U.S. Supreme Court Certiorari; (11/8/2022) – U.S. Supreme Court

NFIB SBLC joined coalition amicus brief urging the Supreme Court to grant review, and later, a merits amicus brief to reverse, a Washington Supreme Court decision that improperly held that the National Labor Relations Act immunizes destruction of an employer’s property. Our briefs argued that any finding to the contrary would incentivize unlawful behavior.

 

Huntress v. U.S. (10/30/2020) – U.S. Supreme Court (Cert Petition)

NFIB SBLC joined an amicus brief urging the court to rule against government officials who abused their authority by threatening a developer who refused to bow to the EPA’s asserted authority and demand for money ($2 million in exchange for the right to develop).

 

Just Energy v. Hurt (3/15/21) – U.S. Supreme Court

NFIB joined a coalition amicus brief urging Supreme Court to grant cert and resolve confusion over the Fair Labor Standards Act’s “outside salesman” exemption.

 

Leachco, Inc. v. Consumer Product Safety Commission (9/12/24) – US Supreme Court Certiorari

NFIB SBLC filed an amicus brief arguing that the President must have removal authority over officers who possess substantial executive power and that Humphrey’s Executor is no longer applicable.

 

Lent v. California Coastal Commission (11/17/21) – U.S. Supreme Court

NFIB SBLC filed an amicus brief arguing that a California statute allowing an administrative agency to impose substantial fines and perform hearings without basic fairness procedures violates constitutional due process.

 

Lion Raisins Inc. v. Ross (2/25/2022) – U.S. Supreme Court Certiorari

NFIB SBLC joined an amicus brief arguing that bloc-voting system under the California Marketing Act is anticompetitive and violates principles of representative government.

 

Loper Bright Enterprises, Inc. v. Raimondo (12/15/2022) – U.S. Supreme Court Certiorari; (7/24/23) – U.S. Supreme Court

NFIB SBLC joined two amicus briefs in this case, the first recommending that the Supreme Court grant review of the D.C. Circuit’s decision, and the second urging the Court to overturn Chevron and eliminate its doctrine of agency deference.

 

Metal Conversion Technologies, LLC v. Department of Transportation (3/14/24) – US Supreme Court Certiorari

NFIB SBLC filed an amicus brief urging Court to make clear that Federal Rule of Appellate Procedure 26(b) does not bar equitable tolling. Court denied cert.

 

Mobilize the Message v. Bonta (4/10/23) – U.S. Supreme Court Certiorari

NFIB SBLC filed an amicus brief arguing that a California law that classifies people as independent contractors or employees violates the freedom of speech by classifying canvassers promoting consumer products in writing as independent contractors but canvassers promoting political candidates/issues in writing as employees.

 

Moore v. United States (9/6/23) – U.S. Supreme Court

NFIB SBLC joined a coalition amicus brief arguing that Congress does not have the authority to tax unrealized gains and doing so violates the Sixteenth Amendment.

 

Muldrow v. City of St. Louis (10/18/23) – U.S. Supreme Court

NFIB SBLC joined a coalition amicus brief asking the Court to hold that transfer decisions generally do not implicate Title VII of the Civil Rights Act of 1964 unless they cause a “significant disadvantage” to an employee.

 

Murphy Co. v. Biden (12/14/23) – U.S. Supreme Court Certiorari

NFIB SBLC joined an amicus brief arguing that when the President designates national monuments under the Antiquities Act, he cannot repurpose vast swaths of land congressionally decreed for productive use. The executive branch violates separation of powers and harms small businesses when it does so.

 

National Pork Producers v. Ross (6/17/2022) – U.S. Supreme Court

NFIB SBLC joined coalition amicus brief arguing that California’s Prop 12, which imposes strict and burdensome requirements on members of the pork supply chain nationwide, violates the Dormant Commerce Clause.

 

Owino v. CoreCivic, Inc. (5/18/23) – U.S. Supreme Court Certiorari

NFIB SBLC joined a coalition amicus brief asking the Court to review and overturn the Ninth Circuit’s certification of a nationwide class based on evidence of defendant’s conduct in only one location.

 

Pakdel v. San Francisco (4/1/21) – U.S. Supreme Court

NFIB SBLC filed a brief in a case involving the legality of a legislature requiring individuals give up a constitutional right in order to receive a government benefit.

 

Quad Graphics v. N.C. Dep’t of Revenue (4/17/23) – U.S. Supreme Court Certiorari

NFIB SBLC joined a coalition amicus brief challenging the anticipatory overruling of Supreme Court precedent by lower courts.

 

Quinn v. State of Washington (10/16/23) – U.S. Supreme Court Certiorari

NFIB SBLC joined a coalition amicus brief asking the Court to strike down as unconstitutional a Washington State capital gains tax that taxes out-of-state transactions.

 

Sackett v. EPA (10/25/21) – U.S. Supreme Court Certiorari; (4/18/2022) – U.S. Supreme Court

NFIB SBLC filed two amicus briefs urging the Supreme Court to revisit its decision in Rapanos v. United States and resolve an entrenched split of authority over the proper test for wetlands jurisdiction under the Clean Water Act.

 

Sawtooth Mountain Ranch, LLC v. US Forest Service (5/13/24) – US Supreme Court Certiorari

NFIB SBLC filed an amicus brief arguing that the Quiet Title Act allows for equitable tolling and that declaratory or injunctive relief is an appropriate and available remedy for Takings claims. Court denied cert.

 

SEC v. Jarkesy (10/18/23) – U.S. Supreme Court

NFIB SBLC joined a coalition amicus brief challenging the SEC’s use of administrative law judges and the constitutionality of their removal protections.

 

Sheetz v. City of El Dorado (6/5/23) – U.S. Supreme Court Certiorari; (11/20/23) – U.S. Supreme Court

NFIB SBLC joined two coalition amicus briefs arguing that the unconstitutional conditions doctrine applies to legislatively-imposed building permit exactions.

 

Sierra Club v. Fish & Wildlife Service (8/3/2020) – U.S. Supreme Court

NFIB SBLC filed an amicus brief in support of the Sierra Club and argued that inter-agency draft documents should not be withheld under Exemption 5 of the Freedom of Information Act. In many cases, drafts may be the only way to determine the actual reasoning an agency used in developing a regulation and often are instrumental in determining whether or not the regulation is appropriate. NFIB argued that the Court should affirm the Ninth Circuit decision ordering disclosure and affirm on the ground that the public interest in disclosure outweighs any governmental interest in withholding.

 

Starbucks Corp. v. McKinney (2/28/24) – US Supreme Court

NFIB SBLC filed an amicus brief arguing that that watered down preliminary injunction standard approved by the court of appeals for NRLB injunctions on business activity represents unwarranted deference to the NLRB and intrusion on business. Court held that NLRB must satisfy traditional injunction standard.

 

Transunion v. Ramirez (2/8/21) – U.S. Supreme Court

NFIB SBLC filed an amicus brief, which argued that a plaintiff must show an actual injury to establish standing and viable case under the Fair Credit Reporting Act.

 

Tyler v. Hennepin County (3/6/23) – U.S. Supreme Court

NFIB SBLC joined a coalition amicus brief arguing that the Takings Clause prevents the government, after seizing and selling a person’s property to collect back taxes, from keeping the surplus amount collected from the sale (otherwise known as “home-equity theft”).

 

Viking River Cruises, Inc. v. Moriana (2/7/2022) – U.S. Supreme Court

NFIB SBLC joined an amicus brief arguing that the Federal Arbitration Act preempts California’s Iskanian rule, which prohibits the waiver of representative PAGA claims through arbitration agreements. The brief also reviewed the detriment to businesses from the Iskanian rule.

 

West Virginia v. EPA (12/20/21) – U.S. Supreme Court
NFIB SBLC filed an amicus brief in this case involving the scope of the powers granted to the Environmental Protection Agency (EPA) through the Clean Air Act. The court will resolve whether the U.S. Constitution gives Congress the authority to delegate broad regulatory power to the EPA to control greenhouse gas emissions.

 

Wilkins v. United States (8/11/2022) – U.S. Supreme Court

NFIB SBLC filed a coalition amicus brief arguing that the Quiet Title Act’s statute of limitations is not a jurisdictional bar, but instead a claim-processing rule. The brief also urged the Court to protect the property rights of private parties.

 

Yovino v. Rizo (4/27/2020) – U.S. Supreme Court (Cert Petition)

NFIB SBLC’s amicus brief argued that the Ninth Circuit erroneously held consideration of “prior salary” was impermissible under the Equal Pay Act and could not be used in the hiring process to set salaries.