Enbridge Energy, LP v. Nessel: NFIB joined an amicus brief arguing that extensions should be granted in limited circumstances to move cases from state to federal court to eliminate the opportunity for procedural gamesmanship by states and plaintiffs, as the State of Michigan did in this case. The Supreme Court held that the statute does not permit extensions.

Pung v. Isabella County: NFIB’s amicus brief argued that a property owner is entitled to the difference between the property’s fair market value and the amount of taxes owed. Ultimately, the Supreme Court held that governments must pay the surplus from the sale, meaning the difference between what the property was sold for, even if below fair market value, and the amount of taxes owed.

Flowers Foods, Inc. v. Brock: The Federal Arbitration Act (FAA) exempts certain workers from arbitration if they are “engaged in foreign or interstate commerce.” NFIB joined an amicus brief urging the Supreme Court to include only workers whose job is directly involved in transporting goods across borders. Unfortunately, the Supreme Court extended the exemption to include workers who sell and distribute goods purely within one state, even though they never cross state lines.

Montgomery v. Caribe Transport II, LLC: NFIB filed an amicus brief claiming that state tort suits against freight brokers for negligent hiring of a motor carrier are prevented, and allowing lawsuits would impose drastic costs on the shipping industry. The Supreme Court read the statute differently, permitting a patchwork of state-court laws to regulate the nationwide shipping industry instead of a uniform standard.

Federal Communications Commission (FCC) v. AT&T, Verizon v. FCC: These cases concerned whether the FCC’s enforcement proceedings require a jury trial when the FCC seeks to impose penalties. NFIB’s amicus brief argued that the Seventh Amendment requires a jury trial, but the Supreme Court held the FCC’s internal proceedings were sufficient.