Attach to Form 990 or Form 990-EZ.
See separate instructions.| (i) Name of supported organization |
(ii) EIN |
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions)) |
(iv) Is the organization in col. (i) listed in your governing document? |
(v) Did you notify the organization in col. (i) of your support? |
(vi) Is the organization in col. (i) organized in the U.S.? |
(vii) Amount of support? |
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|---|---|---|---|---|---|---|---|---|---|
| Yes | No | Yes | No | Yes | No | ||||
| (1)
NFIB INC |
940707299 | 0 | Yes | 0 | |||||
| Total | |||||||||
| Calendar year(or fiscal year beginning in) | (a) 2007 | (b) 2008 | (c) 2009 | (d) 2010 | (e) 2011 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .... | ||||||
| 2 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf....... | ||||||
| 3 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 4 | Total. Add lines 1 through 3.. | ||||||
| 5 | The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f).. | ||||||
| 6 | Public Support. Subtract line 5 from line 4. | ||||||
| Calendar year(or fiscal year beginning in) | (a) 2007 | (b) 2008 | (c) 2009 | (d) 2010 | (e) 2011 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | ||||||
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| 9 | Net income from unrelated business activities, whether or not the business is regularly carried on.. | ||||||
| 10 | Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets.. | ||||||
| 11 | Total support (Add lines 7 through 10). | ||||||






| Calendar year(or fiscal year beginning in) | (a) 2007 | (b) 2008 | (c) 2009 | (d) 2010 | (e) 2011 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . | ||||||
| 2 | Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose...... | ||||||
| 3 | Gross receipts from activities that are not an unrelated trade or business under section 513.. | ||||||
| 4 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf... | ||||||
| 5 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 6 | Total. Add lines 1 through 5. | ||||||
| 7a | Amounts included on lines 1, 2, and 3 received from disqualified persons... | ||||||
| b | Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. | ||||||
| c | Add lines 7a and 7b.. | ||||||
| 8 | Public Support (Subtract line 7c from line 6.) | ||||||
| Calendar year (or fiscal year beginning in) | (a) 2007 | (b) 2008 | (c) 2009 | (d) 2010 | (e) 2011 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 9 | Amounts from line 6... | ||||||
| 10a | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| b | Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. | ||||||
| c | Add lines 10a and 10b. | ||||||
| 11 | Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on. | ||||||
| 12 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.) | ||||||
| 13 | Total support (Add lines 9, 10c, 11 and 12.). | ||||||




| Facts And Circumstances Test |
|---|
| Explanation |
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| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.| Identifier | Return Reference | Explanation |
|---|---|---|
| VOLUNTEERS | FORM 990, PART I, LINE 6 | IN 2011, THE NFIB SMALL BUSINESS LEGAL CENTER USED THE SERVICES OF TWENTY FIVE VOLUNTEERS. THE LEGAL CENTER HAS A FOURTEEN MEMBER ADVISORY BOARD CONSISTING OF PRO BONO ATTORNEYS ADVISING THE LEGAL CENTER OF WHICH CASES TO GET INVOLVED IN HELPING SMALL BUSINESSES. THE LEGAL CENTER ALSO HAD SEVEN PRO BONO ATTORNEYS WRITE LEGAL BRIEFS FOR THE CENTER. FOUR ADDITIONAL ATTORNEYS ACTED IN PRESENTING WEBINARS TO NFIB MEMBERS REGARDING SMALL BUSINESS LEGAL ISSUES. |
| SUMMARY OF LEGAL CASES FOR 2011 | FORM 990, PART III, LINE 4a | APAC-TENNESSEE, INC. V. BRYANT - LIMITING NONECONOMIC DAMAGE AWARDS MISSISSIPPI SUPREME COURT APAC-TENNESSEE, INC. V. BRYANT CONCERNS THE CONSTITUTIONALITY OF MISSISSIPPI'S $1 MILLION LIMIT ON NONECONOMIC DAMAGES IN GENERAL CIVIL ACTIONS. NFIB SUPPORTS THE LIMIT ON NONECONOMIC DAMAGES IN THESE TYPES OF CASES. THIS IS THE SECOND APPEAL PENDING BEFORE THE MISSISSIPPI SUPREME COURT INVOLVING THE CONSTITUTIONALITY OF THE CAP. STATUS: PENDING. AMICUS BRIEF FILED. AUTOMOTIVE UNITED TRADES ORGANIZATION (AUTO) V. WASHINGTON - GAS TAX CHALLENGE WASHINGTON SUPREME COURT GAS STATION OWNERS ARE SUING WASHINGTON FOR $90 MILLION IN FUEL TAX FUNDS THAT THEY SAY HAVE BEEN UNLAWFULLY PAID TO INDIAN TRIBES. AUTO SEEKS TO STOP THE STATE FROM PAYING THE TRIBES REFUND ON THE GAS TAX BECAUSE THE TRIBES DID NOT PAY THE TAXES WHICH THE STATE IS ISSUING REFUNDS. THE TAX REFUNDS PERMIT TRIBAL GAS STATIONS TO SELL FUEL AT A MUCH LOWER PRICE (AROUND 5 CENTS PER GALLON LESS). MIXED IN WITH THIS IS A DIFFICULT PROCEDURAL ISSUE WHERE THE COUNTY JUDGE DISMISSED THE CASE SINCE TRIBES CANNOT BE SUED IN STATE OR FEDERAL COURT. HOWEVER, AUTO ARGUES THAT THE TRIBES ARE INDISPENSABLE PARTIES TO THE SUIT WHERE THE SUIT CANNOT BE LITIGATED FAIRLY AND COMPLETELY IN THEIR ABSENCE. STATUS: PENDING. AMICUS BRIEF FILED 7/5/11. COURT GRANTED REVIEW 9/8/11. BARABIN V. ASTENJOHNSON - ANY ASBESTOS EXPOSURE TOO SPECULATIVE TO HOLD DEFENDANT LIABLE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PLAINTIFF BARABIN ARGUES THAT HE CAN SUE AND WIN BASED ON "ANY EXPOSURE" TO ASBESTOS NO MATTER HOW MINUTE. HERE, PLAINTIFF WAS EXPOSED TO ASBESTOS IN 1974 WHEN HE CAME INTO CONTACT WITH A PAPER MACHINE PART THAT CONTAINED TRACE AMOUNTS OF ASBESTOS, BUT HE IS UNABLE TO CONFIRM THAT DEFENDANT MANUFACTURED THE PART. STATUS: PENIDNG. AMICUS BRIEF FILED 05/26/11. BETZ V. PNEUMO ABEX - LEGAL REFORM PENNSYLVANIA SUPREME COURT THE CASE INVOLVES A KEY ISSUE IN ASBESTOS LITIGATION TODAY - THE "ANY EXPOSURE" THEORY OF CAUSATION. THE PA SUPERIOR COURT AUTHORED ONE OF THE MORE THOUGHTFUL OPINIONS EXPLAINING WHY THIS THEORY BEING PROMOTED BY PAID EXPERTS FOR PLAINTIFFS IS "JUNK SCIENCE." THE APPELLATE COURT REVERSED. THE APPEAL TO THE PA SUPREME COURT ASKS THE COURT TO REINSTATE THE SUPERIOR COURT OPINION. STATUS: DECIDED. AMICUS BRIEF FILED 4/22/11. THE PENNSYLVANIA SUPREME COURT REVERSED THE GRANT OF SUMMARY JUDGMENT TO BRAKE MANUFACTURERS. BRINKER V. SUPERIOR COURT - EXPANSION OF MANDATORY MEAL AND REST BREAK CALIFORNIA SUPREME COURT VOIDING A TRIAL COURT'S 2006 DECISION THAT AN ESTIMATED 59,000 TO 63,000 CURRENT AND FORMER EMPLOYEES COULD JOIN A LAWSUIT AGAINST THE DALLAS-BASED COMPANY, THE CALIFORNIA 4TH DISTRICT COURT OF APPEAL RULED THAT EMPLOYER BRINKER ONLY HAD TO "MAKE AVAILABLE" MEAL AND REST BREAKS TO ITS WORKERS, NOT TO "ENSURE" THE BREAKS WERE TAKEN. THE APPELLATE COURT RULED THAT EMPLOYERS NEED ONLY MAKE MEAL BREAKS AVAILABLE TO EMPLOYEES; IF THE EMPLOYEE FOR SOME REASON DOESN'T WANT TO TAKE IT OR VOLUNTARILY WORKS THROUGH IT, THE EMPLOYER CANNOT BE PENALIZED. THE EMPLOYEES HAVE APPEALED THE DECISION TO THE STATE SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED ON 8/19/09. BUSINESS FOR A BETTER NY V. NY DEPT. OF LABOR - URGING REPEAL OF STRICT LIABILITY U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT PLAINTIFFS HAVE CHALLENGED NEW YORK'S INFAMOUS LABOR LAW 240-241, A.K.A. "LADDER LAW" OR "SCAFFOLD LAW", WHICH PROVIDES THAT CONTRACTORS ASSUME TOTAL LIABILITY FOR EMPLOYEE INJURIES REGARDLESS OF FAULT OR WORK CONDITIONS. NEW YORK IS THE ONLY STATE THAT STILL HAS SUCH A LAW ON THE BOOKS; MOST OTHERS HAVE A "COMPARATIVE NEGLIGENCE" STATUTE, WHICH PARTITIONS LAWSUITS ACCORDING TO BLAME. A BUSINESS ALLIANCE HAS CHALLENGED THE LAW ON CONSTITUTIONAL GROUNDS AND ALSO ARGUED THAT FEDERAL OSHA PREEMPTS. STATUS: PENDING. BRIEF IN SUPPORT OF BBNY FILED ON 07/31/07. DISTRICT COURT DISMISSED CHALLENGE AND APPEAL FILED IN THE U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT. BRIEF IN SUPPORT OF BBNY FILED WITH APPELLATE COURT ON 12/21/07. ORAL ARGUMENTS HEARD IN U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT ON MAY 21, 2009. CHERRY V. SHAW COASTAL - LABOR & EMPLOYMENT AND TITLE VII U.S. FIFTH CIRCUIT COURT OF APPEALS THE DISTRICT COURT DISMISSED PLAINTIFF'S LAWSUIT BROUGHT UNDER TITLE VII CLAIMING A SAME-SEX HOSTILE WORK ENVIRONMENT. WHILE NFIB CONCEDES THE EMPLOYEE ACCUSED OF CREATING THE HOSTILE ENVIRONMENT WAS APPROPRIATELY TERMINATED AND THAT HIS CONDUCT WAS RUDE AND OBNOXIOUS, NFIB BELIEVES HIS CONDUCT DOES NOT REPRESENT AN ACTIONABLE LEGAL CLAIM UNDER TITLE VII. NFIB URGED THE FIFTH CIRCUIT TO REINFORCE THE WELL-SETTLED PRINCIPLE THAT TITLE VII IS NOT A GENERAL CIVILITY CODE. CONDUCT MUST BE SEVERE OR PERSUASIVE TO BE ACTIONABLE. STATUS: PENDING. AMICUS BRIEF FILED 6/22/11. COLE V. HARVEYLAND - STATE EMPLOYMENT LAW EXEMPTION FOR SMALL BUSINESS WASHINGTON COURT OF APPEALS THE ISSUE IS WHETHER WASHINGTON COURTS HAVE JURISDICTION TO HEAR EMPLOYMENT DISCRIMINATION SUITS AGAINST EMPLOYERS WITH FEWER THAN EIGHT EMPLOYEES. THE WASHINGTON LAW AGAINST DISCRIMINATION SAYS THAT SMALL EMPLOYERS ARE EXEMPT FROM THE LAW. THE COURT WILL DETERMINE WHETHER THE EXEMPTION OPERATES AS A JURISDICTIONAL BAR. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 11/1/10. COLONY COVE V. CITY OF CARSON - PROPERTY RIGHTS AND JUDICIAL REVIEW U.S. SUPREME COURT - CERT. PETITION NFIB JOINED A PETITION THAT URGED THE SUPREME COURT TO OVERTURN PRECEDENT REQUIRING PROPERTY OWNERS TO RIPEN THEIR CLAIMS FOR JUST COMPENSATION IN STATE COURT AS A PREREQUISITE FOR A CLAIM UNDER 42 U.S.C. 1983. THE BRIEF WOULD DISCUSS THE TENSION BETWEEN THE INTENT OF 1983 AND THE SUBSEQUENT MIX OF STATUTE AND PRECEDENT THAT EFFECTIVELY BLOCKS PROPERTY OWNERS FROM A HEARING IN FEDERAL COURT. STATUS: PENDING. AMICUS BRIEF FILED 9/14/11. COMER V. MURPHY OIL USA - LIABILITY FOR GREENHOUSE GAS EMISSIONS U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT MISSISSIPPI RESIDENT NED COMER IS THE LEAD PLAINTIFF IN THIS CLASS-ACTION LAWSUIT DEMANDING MAJOR DAMAGE PAYMENTS FROM A HOST OF ENERGY COMPANIES ON THE THEORY THAT THE COMPANIES' CARBON EMISSIONS CONTRIBUTED TO GLOBAL WARMING, WHICH IN TURN SUPPOSEDLY CAUSED A STRENGTHENING OF HURRICANE KATRINA, WHICH DAMAGED THEIR PROPERTIES IN 2005. THE DISTRICT COURT DISMISSED THE SUIT. STATUS: PENDING. AMICUS BRIEF FILED 5/7/10. THE APPEAL IS DISMISSED BECAUSE ANOTHER JUDGE RECUSED HIMSELF, DEPRIVING THE EN BANC COURT OF THE QUORUM TO HEAR THE CASE. CRV V. UNITED STATES - GOVERNMENT TAKINGS U.S. SUPREME COURT - CERT. PETITION IN 1999 THE EPA ISSUED A DECISION TO CLEAN UP A COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT SITE ON THE SOUTH SHORE OF THE OLD MORMON SLOUGH IN STOCKTON, CALIFORNIA. THE DECISION STATED THAT THE EPA MIGHT INSTALL A LOG BOOM TO CUT OFF NAVIGATION IN THE WATERS OF THE SLOUGH. FOLLOWING ISSUANCE OF THIS DECISION, CRV ENTERPRISES ACQUIRED A PROPERTY ON THE NORTH SHORE OF THE SLOUGH. THE PROPERTY INCLUDED A MARINA AND CRV INTENDED TO CONTINUE OPERATING THE MARINA. IN 2006 THE EPA INSTALLED A LOG BOOM IN THE WATERS OF THE SLOUGH, CUTTING OFF NAVIGATION TO AND FROM CRV'S MARINA. IN RESPONSE, CRV FILED A TAKINGS CLAIM IN THE COURT OF FEDERAL CLAIMS SEEKING JUST COMPENSATION FOR THE LOSS OF ITS RIGHT OF ACCESS TO NAVIGABLE WATERS. STATUS: DECIDED. AMICUS BRIEF FILED 4/22/11. CERT DENIED BY THE SUPREME COURT ON 5/16/11. |
| SUMMARY OF LEGAL CASES FOR 2011 (CONT.) | DOWNING/SALT POND V. RHODE ISLAND - CHALLENGING STATE TAKING IN FEDERAL COURT U.S. SUPREME COURT - CERT. PETITION NFIB JOINED A PETITION THAT URGED THE SUPREME COURT TO OVERTURN PRECEDENT REQUIRING PROPERTY OWNERS TO RIPEN THEIR CLAIMS FOR JUST COMPENSATION IN STATE COURT AS A PREREQUISITE FOR A CLAIM UNDER 42 U.S.C. 1983. THE BRIEF WOULD DISCUSS THE TENSION BETWEEN THE INTENT OF 1983 AND THE SUBSEQUENT MIX OF STATUTE AND PRECEDENT THAT EFFECTIVELY BLOCKS PROPERTY OWNERS FROM A HEARING IN FEDERAL COURT. (RELATED CASE COLONY COVE). STATUS: PENDING. AMICUS BRIEF FILED 9/23/11. EEOC V. CRST VAN EXPEDITED - ATTORNEY FEES ASSESSED AGAINST EEOC U.S. COURT OF APPEALS FOR THE 8TH CIRCUIT THE EEOC FILED A SERIES OF CLAIMS AGAINST TRUCKING COMPANY CRST VAN EXPEDITED, ALLEGING SEXUAL HARASSMENT OF FEMALE EMPLOYEES. THE DISTRICT COURT DISMISSED THE CASE, FINDING THE EEOC HAD FAILED TO INVESTIGATE AND CONSOLIDATE INDIVIDUAL CLAIMS PRIOR TO BRINGING THE TITLE VII LAWSUIT. THE JUDGE DID NOT APPRECIATE THE EEOC'S LITIGATION STRATEGY OF 'SUE FIRST, ASK QUESTIONS LATER' AND ISSUED AN ORDER REQUIRING THE EEOC TO PAY MORE THAN $4.5 MILLION DOLLARS IN COSTS AND ATTORNEYS FEES TO THE TRUCKING COMPANY. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT ON 9/7/10. ELKIN HILLS POWER V. CALIFORNIA - TAXATION OF INTANGIBLE PROPERTY 4TH APPELLATE DISTRICT NFIB URGED THE APPELLATE COURT TO REVIEW A LOWER COURT DECISION THAT, IN VIOLATION OF THE CALIFORNIA CONSTITUTION, PERMITTED THE TAXATION OF INTANGIBLE PROPERTY. STATUS: PENDING. AMICUS LETTER FILED ON 8/4/11. EXXONMOBIL V. NYC - CAUSATION IS ATTACKED BY DEFENDANT'S APPEAL COURT OF APPEALS FOR THE SECOND CIRCUIT EXXON HAS APPEALED ITS $100 MILLION JURY VERDICT REGARDING MTBE. THE AMICUS BRIEF FILED IN SUPPORT OF EXXON MAINTAINS THAT THE ENTIRE AWARD WAS BASED ON HYPOTHETICAL DAMAGE THAT MIGHT OCCUR. THE BRIEF ARGUES THAT AN AWARD BASED ON A "IF THIS THEN THAT" FUTURE INJURY VIOLATES BASIC TORT PRINCIPLES OF CAUSATION AND COULD BE VERY PROBLEMATIC IN THE PRODUCT LIABILITY ARENA. STATUS: PENDING. AMICUS BRIEF FILED 4/28/11. GUGGENHEIM V. CITY OF GOLETA - PROPERTY RIGHTS U.S. SUPREME COURT - CERT PETITION THE PETITION ASKS THE COURT TO DECIDE WHETHER A PLAINTIFF MAY EVER SUCCEED IN CHALLENGING A REGULATION UNDER THE TAKINGS CLAUSE IF THE REGULATION WAS IN EFFECT WHEN THE PLAINTIFF PURCHASED THE RELEVANT PROPERTY. THE COUNTY OF SANTA BARBARA, CALIFORNIA, ADOPTED AN ORDINANCE THAT SEVERELY CAPPED THE RENT THAT OWNERS OF MOBILE-HOME PARKS COULD CHARGE TENANTS FOR USE OF THE LAND. PLAINTIFFS PURCHASED A MOBILE HOME PARK WITHIN THE COUNTY AND THEN FILED SUIT SEEKING MONEY DAMAGES AND A DECLARATORY JUDGMENT THAT THE ORDINANCE WAS VOID UNDER THE TAKINGS CLAUSE. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF PROPERTY OWNERS REQUEST FOR CERT ON 4/13/11. CERT DENIED BY THE SUPREME COURT ON 5/16/11. HESS V. A.I. DUPONT HOSPITAL - MEDICAL MONITORING U.S. COURT OF APPEALS FOR THE 3RD CIRCUIT VICTORY! THE COURT WILL DECIDE WHETHER DELAWARE RECOGNIZES A MEDICAL MONITORING CAUSE OF ACTION. THE CASE INVOLVES A PLAINTIFF WHO HAD A STENT IMPLANTED TO TREAT A CONGENITAL HEART DEFECT; THE STENT HAD NOT RECEIVED FDA PREMARKET APPROVAL AT THE TIME IT WAS IMPLANTED BY DOCTORS AT THE DEFENDANT'S HOSPITAL. STATUS: DECIDED. AMICUS BRIEF FILED ON 03/09/10. COURT RULED IN FAVOR THE DEFENDANT AND DISMISSED PLAINTIFF'S CLAIMS. THE COURT REVERSED THE DISTRICT COURT AND HELD THAT THERE WAS NO DUTY TO MEDICALLY MONITOR A MINOR PLAINTIFF AND EVEN IF DELAWARE LAW WOULD ALLOW MEDICAL MONITORING, THE PLAINTIFFS FAILED TO ESTABLISH ELEMENTS NEEDED FOR MEDICAL MONITORING CLAIM JANKEY V. LEE - ATTORNEY FEE AWARDS IN ADA LAWSUITS CALIFORNIA SUPREME COURT THE COURT WILL DETERMINE WHETHER CALIFORNIA'S MANDATORY "PREVAILING PARTY" ATTORNEY'S FEE PROVISION REQUIRES A PREVAILING DEFENDANT TO ESTABLISH THAT THE PLAINTIFF'S CLAIM WAS FRIVOLOUS BEFORE AN ATTORNEY'S FEE AWARD CAN BE MADE. STATUS: PENDING. AMICUS BRIEF IN SUPPORT OF DEFENDANT FILED ON 1/7/11. KASTEN V. SAINT-GOBAIN PERFORMANCE - RETALIATION CLAIMS UNDER WAGE & HOUR LAW U.S. SUPREME COURT THE PLAINTIFF FILED SUIT AGAINST HIS FORMER EMPLOYER UNDER THE FLSA AFTER HE WAS TERMINATED FOR VIOLATING THE EMPLOYER'S TIME-CLOCK-PUNCHING POLICY. THE SUIT ALLEGED THAT HE WAS TERMINATED IN RETALIATION FOR HIS ORAL COMPLAINTS, TO SUPERVISORS AND HUMAN RESOURCES PERSONNEL, THAT THE PLACEMENT OF THE TIME CLOCK WAS ILLEGAL. THE DISTRICT COURT GRANTED SUMMARY JUDGMENT TO THE EMPLOYER, HOLDING THAT, ALTHOUGH INTRA-COMPANY WRITTEN COMPLAINTS COULD FORM THE BASIS FOR A RETALIATION CLAIM, ORAL COMPLAINTS COULD NOT. THE SEVENTH CIRCUIT AFFIRMED (585 F.3D 310). WHILE ACKNOWLEDGING A DIVISION OF AUTHORITY ON THE ISSUE, THE COURT OF APPEALS REASONED THAT THE TERM "FILED" IMPLIES A WRITTEN COMPLAINT AND THAT ORAL COMPLAINTS THEREFORE COULD NOT SUPPORT A CAUSE OF ACTION. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 08/23/10. ORAL ARGUMENT SET FOR 10/13/10. COURT FOUND IN FAVOR OF PLAINTIFF ON 3/1/11. KIVALINA V. EXXONMOBIL - LEGAL REFORM/CLIMATE CHANGE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THE SUIT SEEKS MONETARY DAMAGES FROM VARIOUS ENERGY COMPANIES FOR THE ALLEGED DESTRUCTION OF KIVALINA, ALASKA BY CLIMATE CHANGE. THE SPECIFIC ISSUE IN THE CASE IS WHETHER THE PUBLIC NUISANCE CLAIMS SEEKING TO SUBJECT AMERICAN BUSINESSES THAT EMIT CO2, METHANE AND OTHER SUCH GASSES TO LIABILITY FOR WEATHER-RELATED EVENTS ALLEGEDLY CAUSED BY GLOBAL WARMING VIOLATE THE POLITICAL QUESTION DOCTRINE UNDER ARTICLE III OF THE CONSTITUTION. THE SUIT WAS DISMISSED BY THE U.S. DISTRICT COURT. STATUS: PENDING. AMICUS BRIEF FILED 07/07/10. LAMONS GASKET CO. V. SWIU - NLRB OPENS DOOR TO MORE STEALTH CARD CHECK AGREEMENTS NATIONAL LABOR RELATIONS BOARD IN A 3-2 DECISION ON AUGUST 27, THE BOARD VOTED TO REVIEW A LANDMARK 2007 CASE, DANA CORPORATION, IN WHICH IT GRANTED DISSENTING WORKERS THE RIGHT TO UNDO A SUCCESSFUL (I.E., EMPLOYER-RECOGNIZED) UNION CARD CHECK CAMPAIGN AND DEMAND A SECRET BALLOT ELECTION. PRIOR TO THIS DECISION, EMPLOYEES HAD NO WAY TO DEMAND AN ELECTION IF THE EMPLOYER AGREED TO RECOGNIZE A UNION BASED ON AUTHORIZATION CARDS. WORKERS ACROSS THE COUNTRY HAVE ALREADY USED ELECTIONS TO KICK OUT UNWANTED UNIONS, DEMONSTRATING THE UNRELIABILITY OF CARD CHECK INSTANT ORGANIZING CAMPAIGNS. WORKERS FREQUENTLY SIGN UNION AUTHORIZATION CARDS DUE TO UNION ORGANIZERS' INTIMIDATING TACTICS OR EVEN OUTRIGHT LIES ABOUT WHAT SIGNING A CARD MEANS. STATUS: PENDING. NFIB FILED TWO AMICUS BRIEFS ON 11/1/10 IN SUPPORT OF PRESERVING DANA CORPORATION. | |
| SUMMARY OF LEGAL CASES FOR 2011 (CONT.) | LEWIS V. HUMBOLDT ACQUISITION CORP. - BURDEN OF PROOF FOR ADA CLAIMS U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT THIS CASE TESTS THE STANDARDS FOR PROVING AN AMERICANS WITH DISABILITIES ACT CLAIM. NOW BEING HEARD EN BANC, THE COURT IS BEING ASKED TO REVERSE THE DISTRICT COURT AND THREE-JUDGE PANEL DECISIONS' THAT HELD A PLAINTIFF MUST PROVE THAT HER DISABILITY WAS THE SOLE, RATHER THAN A MOTIVATING, REASON FOR THE DEFENDANT-EMPLOYER'S ADVERSE EMPLOYMENT DECISION. STATUS: PENDING. AMICUS BRIEF FILED 8/10/11 IN SUPPORT OF THE EMPLOYER. LOCKE V. SHORE - REGULATORY RESTRICTION ON INTERIOR DESIGNER U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NFIB JOINED A LAWSUIT THAT CHALLENGED A FLORIDA LAW THAT PROHIBITS PEOPLE FROM PRACTICING INTERIOR DESIGN UNLESS THEY FIRST GET THE GOVERNMENT'S PERMISSION. THE LAW REQUIRES THAT THEY SPEND SIX YEARS AND THOUSANDS OF DOLLARS JUMPING THROUGH THE ARBITRARY HOOPS OF FLORIDA'S INTERIOR DESIGN LICENSING LAW. IN MARCH 2011, THE APPELLATE COURT UPHELD A DISTRICT COURT RULING THAT FOUND THE REGULATION CONSTITUTIONAL. THE RULING COMES DESPITE ADMISSIONS BY THE STATE THAT THERE IS NO EVIDENCE THAT THE UNLICENSED PRACTICE OF INTERIOR DESIGN POSES ANY THREAT TO THE PUBLIC. STATUS: DECIDED. COURT UPHELD THE REGULATION ON 3/2/11. U.S. SUPREME COURT DENIED REVIEW ON 1/9/12. MCCALL V. UNITED STATES - DEFENDING FLORIDA'S DAMAGES CAP FLORIDA SUPREME COURT THE U.S. ELEVENTH CIRCUIT COURT OF APPEALS RECENTLY UPHELD FLORIDA'S NONECONOMIC DAMAGES CAP UNDER THE U.S. CONSTITUTION (SEE ESTATE OF MCCALL V. UNITED STATES, 2011 WL 2084069, 11TH CIR. MAY 27, 2011). THE CIRCUIT COURT CERTIFIED THE FLORIDA CONSTITUTIONAL QUESTIONS TO THE FLORIDA SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANTS ON 9/15/11. MCDONALD V. CITY HOSPITAL - CHALLENGE TO WEST VIRGINIA'S PUNITIVE DAMAGES CAP WEST VIRGINIA SUPREME COURT OF APPEALS NFIB JOINED A COALITION AMICUS BRIEF IN A CHALLENGE TO THE STATE'S CAP ON NONECONOMIC DAMAGES FOR MEDICAL LIABILITY ACTIONS. THE COALITION ARGUED IN SUPPORT OF THE STATUTORY CAP ON NONECONOMIC DAMAGES BECAUSE WITHOUT THEM THE DOOR WILL BE OPENED TO SUBJECTIVE, RUNAWAY NONECONOMIC DAMAGE AWARDS. STATUS: PENDING. ORAL ARGUMENTS HELD MARCH 8, 2011. MERRILL V. OHIO - PROPERTY RIGHTS OHIO SUPREME COURT THE CASE INVOLVES A CHALLENGE TO SHORELINE PROPERTY OWNERS' RIGHT TO EXCLUDE TRESPASSERS ON DRY BEACHES ABOVE THE WATER'S EDGE. THIS IS AN IMPORTANT ISSUE NOT ONLY FOR RESIDENTIAL PROPERTY OWNERS, BUT FOR BUSINESSES ALONG LAKE ERIE WHO WANT TO BE ABLE TO EXCLUDE TRESPASSERS. THE TRIAL AND APPELLATE COURTS FOUND LARGELY IN FAVOR OF THE LANDOWNERS. THE OHIO DEPT. OF NATURAL RESOURCES HAS NOW APPEALED TO THE STATE SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED ON 9/20/10. ORAL ARGUMENT HELD 2/1/11. METROPOLITAN MILWAUKEE ASSOCIATION OF COMMERCE V. CITY OF MILWAUKEE - MANDATED SICK LEAVE CIRCUIT COURT FOR MILWAUKEE COUNTY MILWAUKEE REQUIRED THAT ALL CITY BUSINESSES PROVIDE THEIR EMPLOYEES WITH PAID SICK LEAVE THROUGH THE PASSAGE OF A BINDING REFERENDUM. NFIB ARGUED THAT THE MEASURE INTERFERES WITH EMPLOYERS' RIGHTS TO NEGOTIATE MUTUALLY BENEFICIAL LABOR AGREEMENTS WITH THEIR EMPLOYEES AND IS AN ILLEGAL EXTENSION OF MILWAUKEE'S AUTHORITY INTO AREAS OF LAW RESERVED TO THE STATE. STATUS: PENDING. AMICUS BRIEF FILED 01/28/09. CIRCUIT COURT GRANTED MMAC SUMMARY JUDGMENT ON OCTOBER 14, 2010. HOWEVER, THE COURT OF APPEALS REVERSED AND REMANDED THE CASE BACK TO THE CIRCUIT COURT ON MARCH 24, 2011. MIMS V. ARROW FINANCIAL SERVICES, INC. - LEGAL REFORM U.S. SUPREME COURT THE APPEAL STEMS FROM THE 11TH CIRCUIT COURT OF APPEALS HOLDING THAT FEDERAL COURTS LACK SUBJECT MATTER JURISDICTION OVER PRIVATE ACTIONS UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. 227. NFIB'S BRIEF DISCUSSES THE EXTORTION THAT SMALL BUSINESSES FACE WHEN THEY UNINTENTIONALLY VIOLATE A CONSUMER PROTECTION STATUTE, LIKE THE TCPA OR DO-NOT-FAX, AND THEN FACE A BARRAGE OF DEMAND LETTERS AND FORM COMPLAINTS FROM PLAINTIFFS' COUNSEL. STATUS: DECIDED. AMICUS BRIEF FILED ON 10/28/11. COURT RULED IN FAVOR OF PLAINTIFF MIMS ON 1/L7/12. MULHALL V. UNITE HERE - UNION ORGANIZING U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT VICTORY! THE APPELLATE COURT WILL DECIDE WHETHER THE ORGANIZING ASSISTANCE THAT INCLUDES LISTS OF INFORMATION ABOUT NONUNION EMPLOYEES, USE OF PRIVATE COMPANY PROPERTY FOR ORGANIZING, AND A GAG-CLAUSE ON COMPANY COMMUNICATIONS WITH ITS EMPLOYEES ABOUT UNIONIZATION ARE "THINGS OF VALUE," MAKING IT ILLEGAL UNDER SECTION 302 OF THE LABOR MANAGEMENT RELATIONS ACT FOR THE UNION TO DEMAND THEM. IF THE CASE IS SUCCESSFUL, IT WILL BE ILLEGAL IN FLORIDA, GEORGIA, AND ALABAMA (AND POTENTIALLY ELSEWHERE) FOR UNIONS TO DEMAND THAT FROM AN EMPLOYER. STATUS: DECIDED. AMICUS BRIEF IN SUPPORT OF MULHALL FILED 3/28/11. COURT RULED IN FAVOR OF MULHALL ON 1/19/12. NATIONAL ASSOC. OF HOMEBUILDERS V. ARMY CORPS OF ENGINEERS - ADMIN PROCEDURE CHALLENGE U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA NAHB HAS APPEALED A DECISION FROM THE D.C. DISTRICT COURT THAT HELD A PARTY MUST SHOW THERE IS "NO SET OF CIRCUMSTANCES" UNDER WHICH THE RULE BEING CHALLENGED IS VALID. IF UPHELD, THIS RESULT WILL MAKE IT MUCH MORE DIFFICULT TO BRING FACIAL CHALLENGES TO ANY REGULATION. STATUS: PENDING. AMICUS BRIEF FILED 4/11/11. NATIONAL RESTAURANT ASSOCIATION (NRA) V. DOL U.S. DISTRICT COURT NFIB JOINED A CASE CHALLENGING THE NOTICE OF PROPOSED RULEMAKING (NPRM) PROCEDURES USED TO ALTER "TIP CREDIT" DISCLOSURE REGULATIONS. TIP CREDITS ALLOW EMPLOYERS TO PAY EMPLOYEES RECEIVING TIPS UNDER MINIMUM WAGE AS LONG AS THE EMPLOYEE'S HOURLY WAGE AND TIPS EXCEEDS MINIMUM WAGE. THE RULEMAKING NOTICE CONTAINED VERY LIMITED CHANGES TO THE CURRENT REGULATIONS, YET THE PROMULGATED REGULATIONS REQUIRE EXTENSIVE ADDITIONAL TIP CREDIT DISCLOSURE REQUIREMENTS FOR EMPLOYERS. THE NEW REGULATIONS REPRESENT A HUGE NEW ADMINISTRATIVE BURDEN WITH COSTLY PENALTIES FOR FAILED COMPLIANCE FOR BUSINESSES. STATUS: PENDING. COMPLAINT FILED 6/16/11. NATSO, INC. V. 3 GIRLS ENTERTAINMENT U.S. SUPREME COURT - CERT PETITION THE CASE CONCERNS THE USE OF OVERBROAD DISCOVERY REQUESTS TO SEEK TRADE ASSOCIATION COMMUNICATIONS WITH THEIR CORPORATE MEMBERS REGARDING LOBBYING STRATEGIES. THE TENTH CIRCUIT ORDERED SUCH DISCLOSURES, A RULING IN DIRECT CONFLICT WITH DECISIONS BY THE SUPREME COURT AND OTHER CIRCUIT COURTS. STATUS: PENDING. NFIB FILED AMICUS BRIEF ON 10/20/11. REVIEW DENIED ON 1/9/12. O'NEIL V. CRANE - ASBESTOS REFORM CALIFORNIA SUPREME COURT VICTORY! THE ISSUE OF WHETHER A DEFENDANT SUCH AS A PUMP AND VALVE MAKER CAN BE HELD LIABLE FOR ASBESTOS PRODUCTS MADE BY ANOTHER COMPANY AND AFFIXED POST-SALE SUCH AS BY THE NAVY IS FREQUENTLY LITIGATED. THE FIRST DISTRICT APPELLATE COURT CHOSE TO FOLLOW WASHINGTON STATE, HOLDING THAT MANUFACTURERS ARE RESPONSIBLE ONLY FOR THEIR OWN PRODUCTS. THE PLAINTIFFS HAVE APPEALED. STATUS: DECIDED. AMICUS LETTER BRIEF FILED 11/12/09. COURT GRANTED CERT PETITION 12/24/09. AMICUS BRIEF FILED 2/22/10. COURT RULED ON 1/12/11 THAT THERE IS NO LIABILITY FOR PRODUCT MANUFACTURER UNLESS SAID PRODUCT CONTRIBUTED SUBSTANTIALLY TO THE HARM. | |
| SUMMARY OF LEGAL CASES FOR 2011 (CONT.) | PPL MONTANA V. MONTANA - UNCONSTITUTIONAL TAKING OF PROPERTY U.S. SUPREME COURT THIS CASE STEMS FROM A MONTANA COURT DECISION REGARDING THE PROPERTY RIGHTS OF CERTAIN RIVERS. THE RESULT OF THE MONTANA DECISION IS THAT AFTER MORE THAN 100 YEARS, PRIVATE LANDOWNERS HAVE BEEN STRIPPED OF THEIR OWNERSHIP OF SO-CALLED NAVIGABLE RIVER PROPERTIES AND THE STATE IS CLAIMING MILLIONS IN RETROACTIVE RENT AND FEES STATUS: PENDING. AMICUS BRIEF FILED 9/7/2011 IN SUPPORT OF PROPERTY OWNERS. RITE AID - NLRB OPENS DOOR TO MORE STEALTH CARD CHECK AGREEMENTS IN A 3-2 DECISION ON AUGUST 27, THE BOARD VOTED TO REVIEW A LANDMARK 2007 CASE, DANA CORPORATION, IN WHICH IT GRANTED DISSENTING WORKERS THE RIGHT TO UNDO A SUCCESSFUL (I.E., EMPLOYER-RECOGNIZED) UNION CARD CHECK CAMPAIGN AND DEMAND A SECRET BALLOT ELECTION. PRIOR TO THIS DECISION, EMPLOYEES HAD NO WAY TO DEMAND AN ELECTION IF THE EMPLOYER AGREED TO RECOGNIZE A UNION BASED ON AUTHORIZATION CARDS. IN VOTING TO REVISIT THE DANA CASE, THE OBAMA NLRB HAS SIGNALED ITS INTENT TO DENY WORKERS THE ABILITY TO VOTE ACCORDING TO THEIR CONSCIENCE AND REMOVE AN UNWANTED UNION FROM THEIR WORKPLACE. NFIB HAS FILED AN AMICUS BRIEF WITH THE BOARD, URGING IT NOT TO REVOKE THE NEW PROTECTIONS ACCORDED TO WORKERS SWEPT INTO UNION RANKS THROUGH CARD CHECK FORCED UNIONISM. STATUS: PENDING. ROUNDY'S - MEANING OF "DISCRIMINATION" IN NONEMPLOYEE ACCESS CASES NATIONAL LABOR RELATIONS BOARD THE NLRB SOLICITED AMICUS BRIEFS TO RESOLVE THE ISSUE OF THE PROPER DEFINITION OF "DISCRIMINATION" IN CASES WHERE EMPLOYERS DENY NONEMPLOYEE UNION ORGANIZERS ACCESS TO THE EMPLOYER'S PROPERTY. THE NLRB'S INTERPRETATION OF THE CURRENT RULE FORCES BUSINESS OWNERS' TO PERMIT UNION ORGANIZERS TO CONDUCT A BOYCOTT ON THE BUSINESS' PRIVATE PROPERTY. NFIB ARGUED THAT IT IS WRONG TO REQUIRE A BUSINESS OWNER TO ALLOW UNION ORGANIZERS ONTO THEIR PRIVATE PROPERTY FOR THE PURPOSE OF HARMING THE BUSINESS. SINCE BOYCOTTS ARE ESPECIALLY DEVASTATING TO SMALL BUSINESSES, THE BOARD'S CURRENT INTERPRETATION IMPERMISSIBLY INTRUDES ON BUSINESS OWNER'S PRIVATE PROPERTY RIGHTS. STATUS: PENDING. FILED AMICUS BRIEF ON 1/7/11. SACKETT V. EPA - REGULATORY TAKING U.S. SUPREME COURT - CERT PETITION AND MERITS BRIEF THE CASE CONCERNS A CLEAN WATER ACT VIOLATION THAT THE ENVIRONMENTAL PROTECTION AGENCY ISSUED TO THE SACKETTS, LANDOWNERS IN IDAHO. EPA CLAIMS THE LAND IS SUBJECT TO THE CWA, AND WHEN THE SACKETTS PLACED FILL MATERIAL ON THE LOT FOR THE CONSTRUCTION OF A HOME, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER DIRECTING THE SACKETTS TO REMOVE THE FILL AND RESTORE THE LOT TO ITS ORIGINAL CONDITION. A THREE-JUDGE PANEL OF THE NINTH CIRCUIT RULED THEY CAN NOT GET JUDICIAL REVIEW UNLESS THEY FIRST GO THROUGH THE LIKELY FUTILE PROCESS OF APPLYING FOR A FEDERAL WETLANDS PERMIT; A PROCESS THAT COULD TAKE YEARS AND COST TENS OF THOUSANDS OF DOLLARS. STATUS: PENDING. NFIB AMICUS BRIEF FILED ON 3/25/11. COURT ACCEPTED REVIEW AND MERITS BRIEF FILED ON 9/30/11. SCHLAUD V. SNYDER- FIGHTING THE FORCED UNIONIZATION OF HOME DAY-CARE WORKERS UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN THIS CASE CONCERNS THE COMPULSORY UNIONIZATION OF HOME DAY CARE PROVIDERS WHERE INDEPENDENT BUSINESSES WILL BE FORCED TO PAY UNION DUES AND SERVICE FEES TO NATIONAL UNIONS, BUT THEIR EMPLOYEES WILL NOT HAVE ACCESS TO ANY OF THE BENEFITS TRADITIONALLY SOUGHT BY EMPLOYEES WHO UNIONIZE. STATUS: PENDING. NFIB AMICUS BRIEF FILED 3/17/11. SECRETARY OF LABOR V. AVCON, INC. AND ALTOR, INC. - FIGHTING OSHA AGAINST INCREASED LIABILITY U.S. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION VICTORY! IN ITS BRIEF, THE NFIB LEGAL CENTER ARGUED THAT OSHRC SHOULD NOT CHANGE EXISTING LAW AND PIERCE THE CORPORATE VEIL THEREBY CREATING PERSONAL LIABILITY FOR SMALL BUSINESS OWNERS. STATUS: DECIDED. NFIB AMICUS BRIEF FILED 03/24/04. IN MAY 2011 OSHRC AGREED THAT THERE WAS NO PERSONAL LIABILITY ON THE PART OF THE OWNERS BUT FOUND THE CORPORATE ENTITIES LIABLE FOR SAFETY CITATIONS. SECRETARY OF LABOR V. VOLKS CONSTRUCTORS A/K/A AKM LLC V. SECRETARY OF LABOR - FIGHTING TO UPHOLD OSHA'S STATUTE OF LIMITATIONS OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT THE NFIB LEGAL CENTER FILED A BRIEF ASKING OSHA'S REVIEW COMMISSION TO UPHOLD THE SIX-MONTH TIME LIMIT FOR OSHA TO ISSUE A CITATION FOR A RECORD-KEEPING VIOLATION. DESPITE THIS LAW, OSHA CONTINUES TO ISSUE CITATIONS FOR FAILING TO PROPERLY RECORD INJURIES IN ITS FORM 300 LOG FOR VIOLATIONS THAT HAVE OCCURRED UP TO FIVE YEARS AGO. THE NFIB LEGAL CENTER BELIEVES THAT MAKING SMALL BUSINESSES SPEND TIME AND MONEY TRYING TO RECALL THE FACTS AND FIND FORMER EMPLOYEES IN AN ATTEMPT TO DEFEND AGAINST STALE CLAIMS IS UNFAIR. STATUS: PENDING. NFIB AMICUS BRIEF FILED ON 11/27/07. IN A 2-1 DECISION, THE COMMISSION AFFIRMED OSHA'S AUTHORITY TO PUNISH EMPLOYERS FOR RECORDKEEPING VIOLATIONS THAT OCCURRED UP TO FIVE YEARS BEFORE THE EXPIRATION OF THE SIX-MONTH STATUTE OF LIMITATIONS GOVERNING SUCH RECORDKEEPING ERRORS, ON THE GROUNDS THAT IMPROPER RECORDKEEPING MAY CONSTITUTE A CONTINUING VIOLATION OF OSHA'S MANDATORY FIVE-YEAR RECORD RETENTION REGULATION. EMPLOYER APPEALED TO FEDERAL COURT. AMICUS BRIEF FILED 8/3/11. SEE'S CANDY SHOPS - WAGE AND HOUR (ROUNDING PRACTICES) CALIFORNIA SUPREME COURT - PETITION FOR REVIEW THIS CLASS ACTION INVOLVES A DISPUTE OVER WHETHER AN EMPLOYER PROPERLY CALCULATED THE TIME WORKED BY EMPLOYEES BY NEUTRALLY "ROUNDING" TIME ENTRIES TO THE NEAREST TENTH OF AN HOUR. BOTH THE CALIFORNIA DIVISION OF LABOR STANDARDS ENFORCEMENT (DLSE) AND FEDERAL LAW SAY YES. BUT A CALIFORNIA TRIAL COURT RULED THE EMPLOYER VIOLATED STATE AND FEDERAL WAGE AND HOUR LAW IN DOING SO. STATUS: PENDING. AMICUS LETTER BRIEF FILED IN SUPPORT OF THE EMPLOYER 11/23/11. SIMPKINS V. CSX TRANSPORTATION - WORKPLACE ASBESTOS EXPOSURE (PREMISES LIABILITY) SUPREME COURT OF ILLINOIS THE BRIEF ARGUES THAT PREMISES OWNERS, SUCH AS THE DEFENDANT RAILROAD, OWE NO LEGAL DUTY OF CARE TO REMOTE PLAINTIFFS ALLEGEDLY INJURED AS A RESULT OF SECONDHAND EXPOSURE TO ASBESTOS OR OTHER SUBSTANCES EMITTED IN THE WORKPLACE. THE SUBJECT ACTION INVOLVES THE ESTATE OF A WOMAN WHO WAS ALLEGEDLY EXPOSED TO ASBESTOS CARRIED HOME ON THE PERSON AND CLOTHING OF HER FORMER HUSBAND, WHO WORKED FOR THE DEFENDANT'S PREDECESSOR RAILROAD FROM 1958 TO 1964. STATUS: PENDING. AMICUS CURIAE BRIEF IN SUPPORT OF CSX TRANSPORTATION FILED 4/25/11. COURT DENIED AMICUS BRIEFS ON 5/31/11. SPECIALTY HEALTHCARE - NLRB DECIDES WHETHER "MICRO UNIONS" PERMITTED NATIONAL LABOR RELATIONS BOARD THE NLRB WILL SOON DECIDE WHETHER OR NOT LABOR UNIONS WILL BE ALLOWED TO BREAK OFF DIFFERENT SECTIONS OF WORKFORCES INTO SMALL GROUPS TO ORGANIZE FIVE OR 10 WORKERS AT A TIME INSTEAD OF THE WHOLE WORKPLACE AT ONCE - OR ORGANIZE USING "MICRO UNIONS." THE "MICRO UNIONS" WOULD ESSENTIALLY ALLOW LABOR ORGANIZERS TO SECTION OFF COMPANY EMPLOYEES BY SPECIFIC JOB DESCRIPTIONS. FOR EXAMPLE, IF A UNION WERE TRYING TO ORGANIZE A RESTAURANT STAFF, LEADERS WOULD TARGET SERVERS, BUSBOYS, DISHWASHERS, COOKS AND HOSTESSES SEPARATELY. STATUS: PENDING. AMICUS BRIEF FILED 3/7/11. | |
| SUMMARY OF LEGAL CASES FOR 2011 (CONT.) | SPEED V. MISSISSIPPI - RESTRICTING EMINENT DOMAIN MISSISSIPPI SUPREME COURT VICTORY! THE SUIT SEEKS TO STOP THE SECRETARY OF STATE FROM PLACING A PROPOSED CONSTITUTIONAL AMENDMENT RESTRICTING EMINENT DOMAIN ON THE NOVEMBER 8, 2011 ELECTION BALLOT. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF THE BALLOT INITIATIVE ON 8/26/11. COURT HELD BALLOT INITIATIVE WAS APPROPRIATE AND PLACED ON THE BALLOT. STAPLETON V. CITIZENS NATIONAL - LEGAL REFORM KENTUCKY SUPREME COURT THE COURT IS REVIEWING WHETHER BUSINESS OWNERS OWE A DUTY TO CUSTOMERS TO WARN OR REMOVE NATURAL CONDITIONS SUCH AS SNOW AND ICE. THE CURRENT STANDARD, WHICH HAS BEEN IN PLACE FOR DECADES, IMPOSES NO SUCH DUTY UNLESS ACTIONS BY THE BUSINESS OWNER HEIGHTEN OR CONCEAL THE HAZARD OF THE NATURAL CONDITION. NFIB IS PARTICIPATING IN THIS CASE BECAUSE WE BELIEVE THAT OVERTURNING LONGTIME PRECEDENT ON THIS ISSUE WOULD BE AN UNREASONABLE BURDEN UPON BUSINESSES. STATUS: DECIDED. AMICUS BRIEF FILED JANUARY 2011. PARTIES SETTLED IN MAY 2011. STATE OF FLORIDA V. HHS - NFIB SUES TO STOP HEALTH CARE LAW U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ON MAY 14, 2010, NFIB JOINED THE MULTI-STATE LAWSUIT CHALLENGING THE CONSTITUTIONALITY OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. THE SUIT WAS FILED ON BEHALF OF NFIB BY THE NFIB SMALL BUSINESS LEGAL CENTER IN U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA. THERE ARE A NUMBER OF LEGAL CLAIMS IN THE LAWSUIT; HOWEVER, NFIB IS PRIMARILY CONCERNED ABOUT THE UNCONSTITUTIONALITY OF THE INDIVIDUAL MANDATE. NFIB STRONGLY BELIEVES THAT CONGRESS LACKS THE AUTHORITY TO FORCE AMERICANS TO PURCHASE A PRIVATE PRODUCT, SUCH AS HEALTH INSURANCE, OR FACE PAYING A PENALTY. ON JANUARY 31, 2011, FEDERAL DISTRICT JUDGE ROGER VINSON RULED THAT THE INDIVIDUAL MANDATE IN THE HEALTHCARE LAW IS UNCONSTITUTIONAL. JUDGE VINSON ALSO FOUND THAT THE MANDATE CAN NOT BE SEVERED FROM THE REST OF THE HEALTHCARE LAW, THE ENTIRE ACT MUST BE DECLARED VOID. THE GOVERNMENT HAS APPEALED JUDGE VINSON'S RULING TO THE ELEVENTH CIRCUIT WHERE BRIEFING IS SCHEDULED TO CONCLUDE IN MAY 2011. STATUS: PENDING. STAUB V. PROCTOR HOSPITAL - EMPLOYER LIABILITY FOR SUBORDINATE'S DISCRIMINATION U.S. SUPREME COURT THE ISSUE IS WHETHER AN EMPLOYER CAN BE HELD LIABLE BASED ON POTENTIALLY UNLAWFUL INTENT OF OFFICIALS WHO CAUSED OR INFLUENCED BUT DID NOT MAKE THE ULTIMATE EMPLOYMENT DECISION. THE EMPLOYEE ASSERTED THAT HE WAS FIRED BASED ON HIS ASSOCIATION WITH THE MILITARY. THE SEVENTH CIRCUIT HELD THAT NO REASONABLE JURY COULD HAVE CONCLUDED THAT THE PLAINTIFF WAS FIRED BECAUSE HE WAS A MEMBER OF THE MILITARY. STATUS: DECIDED. AMICUS BRIEF FILED 9/8/10. ORAL ARGUMENT SET FOR 11/2/10. COURT FOUND IN FAVOR OF THE PLAINTIFF ON 3/1/11. STEWART & JASPER ORCHARDS V. SALAZAR - UNCONSTITUTIONAL WATER RESTRICTIONS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT U.S. SUPREME COURT THE CENTRAL VALLEY PROJECT AND THE STATE WATER PROJECT ARE THE TWO WATER SYSTEMS THAT PUMP NECESSARY WATER FROM THE NORTH TO THE SOUTH. IN 2008, THE U.S. FISH AND WILDLIFE SERVICE (FWS) LIMITED THE AMOUNT OF WATER THAT CAN BE PUMPED THROUGH THE SYSTEMS BASED UPON ENVIRONMENTALISTS' ARGUMENTS THAT PUMPING THREATENED THE SMELT POPULATION. AS A RESULT, THOUSANDS OF SMALL BUSINESSES NO LONGER GET THE WATER THEY NEED TO SUSTAIN THEIR COMPANIES, LEADING TO NFIB'S DECISION TO PARTICIPATE IN THE LAWSUIT. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF FARMERS CHALLENGING THE FEDERAL WATER RESTRICTIONS ON 6/2/10. ORAL ARGUMENTS ON 2/15/11. IN MARCH 2011, THE COURT RULED THAT THE WATER RESTRICTIONS ARE CONSTITUTIONAL. AMICUS BRIEF FILED IN SUPPORT OF CERT PETITION TO U.S. SUPREME COURT 7/25/11. COURT DENIED CERT ON 10/31/11. THOMPSON V. NORTH AMERICAN STAINLESS - DEFINING SCOPE OF TITLE VII ANTI-RETALIATION BAR U.S. SUPREME COURT THE COURT WILL DETERMINE WHETHER TITLE VII'S ANTI-RETALIATION PROVISION PROTECTS AN EMPLOYEE WHO ALLEGED HE WAS TERMINATED IN RETALIATION FOR HIS THEN-FIANCE'S EEOC CLAIM ALLEGING SEX DISCRIMINATION. THE COMPANY ARGUED THAT HE WAS NOT RETALIATED AGAINST WITHIN THE MEANING OF TITLE VII BECAUSE THOMPSON DID NOT ACTIVELY OPPOSE ANY UNLAWFUL EMPLOYMENT PRACTICE OR PARTICIPATE IN ANY DISCRIMINATION PROCEEDING. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 10/29/10. ORAL ARGUMENT SET FOR 12/7/10. DECIDED 1/24/11 IN FAVOR OF PLAINTIFF. U.S. V. HOME CONCRETE & SUPPLY, LLC - CHALLENGING RETROACTIVE IRS RULE U.S. SUPREME COURT THE COURT IS BEING ASKED TO DETERMINE WHETHER A FINAL REGULATION PROMULGATED BY THE IRS, WHICH REFLECTS THE IRS'S VIEW THAT AN UNDERSTATEMENT OF GROSS INCOME ATTRIBUTABLE TO AN OVERSTATEMENT OF BASIS CAN TRIGGER THE EXTENDED SIX-YEAR ASSESSMENT PERIOD, IS ENTITLED TO JUDICIAL DEFERENCE. THIS CASE WILL HAVE IMPORTANT RAMIFICATIONS ON THE LEVEL OF DEFERENCE IRS REGULATIONS RECEIVE, SINCE THE RULE ESSENTIALLY OVERTURNS EXISTING SUPREME COURT PRECEDENT AND APPLIES RETROACTIVELY. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF RESPONDENT ON 12/22/11. VICKNAIR V. PHELPS DODGE - FORUM SHOPPING NORTH DAKOTA SUPREME COURT VICTORY! IN A MOVE AIMED TO CURB FORUM-SHOPPING PLAINTIFFS, DEFENDANT ARGUED THAT NORTH DAKOTA'S STATUTE OF LIMITATIONS APPLIES TO CLAIMS BROUGHT BY NONRESIDENTS WHO HAVE NO CONNECTION TO NORTH DAKOTA. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT ON 7/22/10. COURT RULED IN FAVOR OF DEFENDANTS AND THE TRIAL COURT'S DISMISSAL OF CLAIMS. WATTS V. COX MEDICAL CENTER - DAMAGE CAP MISSOURI SUPREME COURT THE COURT HAS BEEN ASKED TO DETERMINE THE CONSTITUTIONALITY OF MISSOURI'S DAMAGES CAP. STATUS: PENDING. AMICUS BRIEF FILED 12/30/11. | |
| FORM 990 PROVIDED TO GOVERNING BODY | PART VI, SECTION B: POLICIES, LINE 11 | FOLLOWING AN INDEPENDENT AUDIT OF ITS FINANCIAL STATEMENTS, A DRAFT OF NFIB SMALL BUSINESS LEGAL CENTER'S FORM 990 IS PREPARED. THIS FORM 990 IS REVIEWED INTERNALLY BY NFIB'S TAX ACCOUNTANT, CONTROLLER/TREASURER, AND SVP/CFO. ANY QUESTIONS ARISING FROM THE INITIAL REVIEW ARE ADDRESSED TO ENSURE THE RETURN IS COMPLETE AND ACCURATE. ANY NECESSARY CHANGES/CORRECTIONS ARE MADE ON THE FORM 990 AND THE RETURN AGAIN GOES THROUGH NFIB SMALL BUSINESS LEGAL CENTER'S INTERNAL REVIEW PROCESS. UPON APPROVAL OF THE SVP/CFO, THE FINAL RETURN IS FILED WITH THE INTERNAL REVENUE SERVICE. THE FINAL RETURN IS MADE AVAILABLE TO THE BOARD OF DIRECTORS FOR REVIEW. |
| WRITTEN CONFLICT OF INTEREST POLICY | PART VI, SECTION B: POLICIES, LINE 12 | EVERY BOARD MEMBER, OFFICER, AND KEY EMPLOYEE OF NFIB SMALL BUSINESS LEGAL CENTER IS REQUIRED TO DISCLOSE ANY ACTUAL OR POTENTIAL CONFLICTS OF INTEREST ON AN ANNUAL BASIS. |
| PROCESS OF DETERMINING COMPENSATION FOR OFFICERS AND OTHER KEY EMPLOYEES | PART VI, SECTION B: POLICIES, LINE 15 | THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS IS RESPONSIBLE FOR DETERMINING COMPENSATION FOR THE CEO, CFO, SECRETARY AND CERTAIN KEY EMPLOYEES OF THE ORGANIZATION. THE TREASURER'S AND EXECUTIVE DIRECTOR'S COMPENSATION IS REVIEWED AND SET BY THE CEO. IN LATE 2010, AN OUTSIDE COMPENSATION CONSULTING FIRM WAS ENGAGED TO PROVIDE EXPERT ANALYSES REGARDING THE REASONABLENESS OF THE TOTAL COMPENSATION PACKAGE FOR THE EXECUTIVES OF NFIB AND ITS AFFILIATED ORGANIZATIONS. THE 2010 RESULTS WERE PROVIDED TO THE CHAIRMAN OF THE BOARD FOR THE EXECUTIVE COMMITTEE AT THEIR JANUARY 2012 MEETING. THE COMMITTEE RELIES ON THIS INDEPENDENT REVIEW TO ENSURE THAT REASONABLE COMPENSATION IS PAID TO THE CEO, CFO, SECRETARY AND CERTAIN KEY EMPLOYEES. THE COMMITTEE'S PHILOSOPHY IS TO ENSURE THAT THE COMPENSATION FOR THESE POSITIONS RELATIVE TO MARKET COMPARISONS IS COMPETITIVE IN ORDER TO ATTRACT, RETAIN AND MOTIVATE QUALIFIED EMPLOYEES WHILE NOT BEING AT THE TOP OF THE RANGE. THE COMMITTEE SETS THE COMPENSATION FOR THE CEO, CFO, SECRETARY AND CERTAIN KEY EMPLOYEES EACH YEAR DURING THEIR MEETING WHICH IS TYPICALLY HELD IN JANUARY OR FEBRUARY. MINUTES FROM THESE ANNUAL MEETINGS ARE TAKEN BY THE CORPORATE SECRETARY DURING THE MEETING. WHEN THE MINUTES ARE REVIEWED AND APPROVED, THEY ARE RETAINED WITH ALL OTHER CORPORATE RECORDS. |
| DOCUMENTS AVAILABLE TO THE PUBLIC | FORM 990, PART VI, LINE 19 | IT IS NFIB SMALL BUSINESS LEGAL CENTER'S ("THE CENTER") POLICY TO MAKE AVAILABLE FOR PUBLIC INSPECTION, UPON REQUEST, EITHER WRITTEN OR IN PERSON, ITS EXEMPTION APPLICATION, SUPPORTING DOCUMENTS AND ANY LETTER OR DOCUMENT ISSUED BY THE IRS CONCERNING THE APPLICATION. THE CENTER ALSO MAKES AVAILABLE FOR PUBLIC INSPECTION AND COPYING, UPON REQUEST, EITHER WRITTEN OR IN PERSON, ITS FEDERAL FORM 990, RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX. THE FORM 990 IS AVAILABLE FOR A THREE-YEAR PERIOD BEGINNING WITH THE DUE DATE OF THE RETURN (INCLUDING ANY EXTENSION OF TIME FOR FILING). THE FOUNDATION'S CONFLICT OF INTEREST POLICY IS ALSO AVAILABLE TO THE PUBLIC UPON REQUEST, EITHER WRITTEN OR IN PERSON. |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:DONALD A DANNER TITLE:PRESIDENT/CEO HOURS:40 |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:MARY BLASINSKY TITLE:SVP/SECRETARY HOURS:40 |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:TAMMY S BOEHMS TITLE:SVP/CFO HOURS:40 |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:JEFF SMITH TITLE:TREASURER HOURS:40 |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:SUSAN M ECKERLY TITLE:SVP HOURS:35 |
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