NFIB SMALL BUSINESS LEGAL CENTER

NFIB SMALL BUSINESS LEGAL CENTER (SBLC) 2025 CASE LIST (*DESIGNATES CASES WHERE NFIB IS A PLAINTIFF/PETITIONER) *CUSTOM COMMUNICATIONS V. FEDERAL TRADE COMMISSION (1/2/25) - US COURT OF APPEALS FOR THE EIGHTH CIRCUIT NFIB SBLC FILED A PETITION TO OVERTURN THE FTC'S CLICK-TO-CANCEL RULE IN OUR LAWSUIT CHALLENGING THE RULE. STATUS: DECIDED. *MCCARTY V. MISSOURI SECRETARY OF STATE (1/3/25) - MISSOURI SUPREME COURT NFIB SBLC JOINED A BUSINESS COALITION IN FILING MOTION TO INTERVENE IN CHALLENGE TO MINIMUM WAGE INCREASES AND PAID SICK LEAVE EMPLOYER MANDATES. STATUS: DECIDED. WARREN V. DEPARTMENT OF LABOR (1/9/25) - US COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF CHALLENGING THE DEPARTMENT OF LABOR'S INDEPENDENT CONTRACTOR RULE, SUPPORTING ARGUMENT THAT PLAINTIFFS HAVE STANDING. STATUS: PENDING. *TEXAS TOP COP V. GARLAND (1/10/25) - US COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB SBLC FILED BRIEFS IN NFIB'S LAWSUIT CHALLENGING THE CORPORATE TRANSPARENCY ACT. STATUS: PENDING. JAKE'S FIREWORKS V. CPSC (1/29/25) - US SUPREME COURT CERTIORARI NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT THREATS OF ENFORCEMENT ARE FINAL AGENCY ACTION FOR WHICH JUDICIAL REVIEW IS RIPE. STATUS: DECIDED. COMMUNITY ASSOCIATIONS INSTITUTE V. DEPARTMENT OF TREASURY (1/30/25) - US COURT OF APPEALS FOR THE FOURTH CIRCUIT NFIB SBLC 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. STATUS: PENDING. *MN ASSOCIATED BUILDERS AND CONTRACTORS V. ELLISON (1/31/25) - US COURT OF APPEALS FOR THE EIGHTH CIRCUIT NFIB SBLC FILED A RESPONSE BRIEF IN ITS LAWSUIT AGAINST MINNESOTA LAW BANNING EMPLOYERS FROM SPEAKING ON POLITICAL MATTERS, INCLUDING UNIONIZATION, IN THE WORKPLACE. STATUS: DECIDED. DIAMOND ALTERNATIVE ENERGY V. ENVIRONMENTAL PROTECTION AGENCY (2/3/25) - US SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT D.C. CIRCUIT COURT'S DECISION UPHOLDING CLEAN AIR ACT PREEMPTION WAIVER FOR CALIFORNIA CONTAINED A WRONG JUSTICIABILITY ANALYSIS. STATUS: DECIDED. RYAN V. FTC (2/10/25) US COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF SUPPORTING A CHALLENGE TO THE FEDERAL TRADE COMMISSION'S (FTC) NONCOMPETE RULE THAT WOULD BAN MOST NONCOMPETE AGREEMENTS. STATUS: PENDING. MARTINEZ V. AMAZON.COM SERVICES LLC (2/14/25) - MARYLAND SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT MARYLAND WAGE AND HOUR LAW SHOULD INCLUDE THE DE MINIMIS DOCTRINE FOR EMPLOYEE COMPENSABLE TIME. STATUS: DECIDED. SMITH V. DEPARTMENT OF TREASURY (2/14/25) - US DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT THE GOVERNMENT HAD NOT MET ITS BURDEN TO CONVINCE THE COURT TO STAY ITS PREVIOUS ORDER STAYING THE BENEFICIAL OWNERSHIP REPORTING RULE. STATUS: DECIDED. FEDERAL COMMUNICATIONS COMMISSION V. CONSUMERS' RESEARCH (2/18/25) - US SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF URGING COURT TO REVITALIZE AND PUT TEETH INTO NONDELEGATION DOCTRINE WHERE TWO LAYERS OF DELEGATION OCCURRED. STATUS: DECIDED. *OREGON-COLUMBIA CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, ET. AL., V. KOTEK (2/21/25) - OREGON CIRCUIT COURT, MARION COUNTY NFIB SBLC JOINED A BUSINESS COALITION IN SUING THE OREGON GOVERNOR, CHALLENGING AN EXECUTIVE ORDER THAT REQUIRES BUSINESSES TO SIGN PROJECT LABOR AGREEMENTS WITH UNIONS FOR ALL STATE PROJECTS. COURT GRANTED A PRELIMINARY INJUNCTION. STATUS: PENDING. LINNEY'S PIZZA V. BOARD OF GOVERNORS OF THE FEDERAL RESERVE (2/26/25) - US DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT REGULATION II'S FEE CAP FOR DEBIT CARD INTERCHANGE FEES INCLUDES CATEGORIES OF COSTS THAT CONGRESS EXPRESSLY EXCLUDED. STATUS: DECIDED. N.C. DEPARTMENT OF ENVIRONMENTAL QUALITY V. N.C. FARM BUREAU FEDERATION (2/28/25) - NORTH CAROLINA SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT GENERAL PERMITS WHICH IMPOSE BINDING CONDITIONS ON THE PUBLIC ARE UNPROMULGATED RULES IN VIOLATION OF THE STATE ADMINISTRATIVE PROCEDURE ACT. THE COURT AGREED WITH OUR BRIEF AND AFFIRMED THE LOWER COURT DECISION INVALIDATING THE PERMIT CONDITIONS. STATUS: DECIDED. LABCORP V. DAVIS (3/12/25) - US SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT INDIVIDUALS WITH NO LEGAL INJURY CANNOT BE INCLUDED IN CLASS CERTIFICATION UNDER RULE 23 FOR FEDERAL RULES OF CIVIL PROCEDURE. STATUS: DECIDED. SMITH V. TERUMO BCT (3/3/25) - COLORADO COURT OF APPEALS NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT A PLAINTIFF CANNOT ESTABLISH STANDING TO SUE BASED SOLELY ON AN ALLEGATION THAT THE DEFENDANT'S NEGLIGENT CONDUCT MAY INCREASE HIS FUTURE RISK OF ILLNESS, AND THAT MEDICAL MONITORING, ABSENT A PROVEN PHYSICAL INJURY, IS NOT AN APPROPRIATE REMEDY UNDER TORT LAW. THE COURT AGREED. STATUS: DECIDED. AMAZON.COM SERVICES LLC V. NATIONAL LABOR RELATIONS BOARD (3/19/25) - US COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT NLRB DECISION HOLDING THAT EMPLOYERS VIOLATE THE NATIONAL LABOR RELATIONS ACT WHEN THEY DISCUSS UNIONIZATION AT WORKPLACE MEETINGS VIOLATES THE FIRST AMENDMENT. STATUS: PENDING. COMMISSIONER OF INTERNAL REVENUE V. ZUCH (3/24/25) - US SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT THE IRS CANNOT USE A TAXPAYER'S TAX RETURN TO SATISFY A DISPUTED TAX DEBT BEING LITIGATED IN THE TAX COURT AND MOOT OUT THE CASE. THE SUPREME COURT DISAGREED. STATUS: DECIDED. BROWN-FORMAN CORPORATION V. NLRB (4/23/25) - US COURT OF APPEALS FOR THE SIXTH CIRCUIT NFIB SBLC 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. STATUS: PENDING. CHABOLLA V. CLASSPASS INC. (4/24/25) - US COURT OF APPEALS FOR THE NINTH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF URGING NINTH CIRCUIT TO REHEAR CASE EN BANC AND CLARIFY ONLINE TERMS OF USE AND NOTICE REQUIREMENTS. STATUS: DECIDED. TRUMP V. CASA (4/29/25) - US SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ADVOCATING FOR ABILITY OF DISTRICT COURTS TO ISSUE NATIONWIDE INJUNCTIONS AND PROVIDE RELIEF TO ALL ASSOCIATION MEMBERS. STATUS: DECIDED. *BUSINESS COUNCIL OF NEW YORK STATE, INC. V. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (4/30/25) - NEW YORK STATE SUPREME COURT NFIB SBLC JOINED A BUSINESS COALITION IN SUING NEW YORK'S DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A NEW RULE THAT WOULD REDEFINE MUCH PRIVATE PROPERTY IN THE STATE AS PROTECTED WETLANDS AND IMPOSE RESTRICTIVE CONDITIONS ON DEVELOPMENT. STATUS: PENDING. MNABC V. BLISSENBACH (4/30/25) - US COURT OF APPEALS FOR THE EIGHTH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF SUPPORTING AN APPEAL OF A DENIED PRELIMINARY INJUNCTION IN A CHALLENGE TO MINNESOTA'S INDEPENDENT CONTRACTOR LAW. THE COURT DISAGREED AND AFFIRMED THE DENIAL OF PRELIMINARY INJUNCTION. STATUS: DECIDED. FISHER V. CITY OF OCEAN SPRINGS, MS (6/18/25) - US COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT PROPERTY OWNERS SHOULD HAVE AN ADEQUATE PROCEDURE FOR CHALLENGING BLIGHT DESIGNATIONS, WHICH OFTEN PRECEDE EMINENT DOMAIN PROCEEDINGS. STATUS: PENDING. GILL V. EXXONMOBIL (6/23/25) - PENNSYLVANIA SUPERIOR COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING AGAINST WILDLY DISPROPORTIONATE "NUCLEAR" JURY VERDICTS THAT ARE UNTETHERED FROM ACTUAL DAMAGES. STATUS: PENDING. MIRKOVIC V. TENASYS CORPORATION (6/27/25) - OREGON COURT OF APPEALS NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT A PAY TRANSPARENCY LAW DOES NOT SHIELD EMPLOYEES FROM TERMINATION DURING RAISE OR PROMOTION NEGOTIATIONS. STATUS: PENDING. MADRIGAL V. FERGUSON ENTERPRISES LLC (7/16/25) - US COURT OF APPEALS FOR THE NINTH CIRCUIT NFIB SBLC 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. STATUS: PENDING. DEL RIO V. AMAZON.COM SERVICES LLC (7/28/25) - CONNECTICUT SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT EMPLOYEE TIME SPENT IN SECURITY SCREENINGS BASED ON EMPLOYEE PERSONAL CHOICES IS NOT COMPENSABLE AND SHOULD BE SUBJECT TO A DE MINIMIS EXCEPTION. STATUS: PENDING. ATTORNEY GENERAL V. ELI LILLY AND CO. (8/28/25) - MICHIGAN SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT A STATUTORY EXEMPTION SHOULD PROTECT COMPANIES FROM TARGETED CONSUMER PROTECTION INVESTIGATIONS. STATUS: PENDING. ENBRIDGE ENERGY LP V. NESSEL (9/5/25) - US SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF URGING THE COURT TO PERMIT A NARROW EXCEPTION TO FEDERAL REMOVAL STATUTE DEADLINE IN ORDER TO PREVENT PARTIES FROM ENGAGING IN PROCEDURAL GAMESMANSHIP. STATUS: PENDING.