Attach to Form 990 or Form 990-EZ.
See separate instructions.
Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
| (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 monetary support | |||
|---|---|---|---|---|---|---|---|---|---|
| Yes | No | Yes | No | Yes | No | ||||
| (A)
NFIB INC |
940707299 | 0 | Yes | 0 | |||||
| Total | 0 | ||||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2009 | (b) 2010 | (c) 2011 | (d) 2012 | (e) 2013 | (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) 2009 | (b) 2010 | (c) 2011 | (d) 2012 | (e) 2013 | (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. Do not include gain or loss from the sale of capital assets (Explain in Part IV.).. | ||||||
| 11 | Total support (Add lines 7 through 10). | ||||||






Calendar year (or fiscal year beginning in) ![]() |
(a) 2009 | (b) 2010 | (c) 2011 | (d) 2012 | (e) 2013 | (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) 2009 | (b) 2010 | (c) 2011 | (d) 2012 | (e) 2013 | (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 |
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| Explanation |
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| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at| Return Reference | Explanation |
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| FORM 990, PART I, LINE 6 | IN 2013, THE NFIB SMALL BUSINESS LEGAL CENTER USED THE SERVICES OF NINETEEN VOLUNTEERS. THE LEGAL CENTER HAS A THIRTEEN 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 SIX PRO BONO ATTORNEYS WRITE LEGAL BRIEFS FOR THE CENTER. |
| FORM 990, PART III, LINE 4a | 62-64 MAIN STREET V. CITY OF HACKENSACK - PROPERTY RIGHTS NEW JERSEY SUPREME COURT - PETITION FOR REVIEW SEVERAL YEARS AGO THE NEW JERSEY SUPREME COURT RULED THAT LOCAL OFFICIALS MUST HAVE EVIDENCE OF BLIGHT BEFORE THEY CAN EXERCISE THE POWER OF EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES. PREVIOUSLY IT WAS COMMON PRACTICE FOR MUNICIPALITIES TO SIMPLY DECLARE A PARCEL BLIGHTED WITHOUT SUBSTANTIATING THE CLASSIFICATION. IN A CASE INVOLVING HACKENSACK, NJ, AN APPEALS COURT UPHELD THE HIGHER STANDARD. THE TOWN IS NOW ASKING THE COURT TO OVERTURN THE LOWER COURT DECISION, ARGUING THAT ITS OWN DEFINITION OF BLIGHT SHOULD BE SUFFICIENT. STATUS: PENDING. BRIEF FILED 12/16/13. AMERICAN CHEMISTRY COUNCIL, ET. AL V. EPA - CHALLENGE TO GREENHOUSE GAS RULES U.S. SUPREME COURT - CERT PETITION IN DECEMBER OF 2009, THE EPA ISSUED A FINDING THAT CERTAIN GREENHOUSE GASES (GHG) THREATEN PUBLIC HEALTH AND WELFARE AND THEREFORE, UNDER THE CLEAN AIR ACT (CAA), MUST BE REGULATED BY THE EPA. NFIB JOINED WITH OTHER CONCERNED BUSINESS GROUPS AND ORGANIZATIONS TO SUE EPA OVER GHG RULES. THE FEDERAL COURT OF APPEALS DISMISSED THE LAWSUIT. NFIB'S CERT PETITION ARGUES THAT THE EPA HAS MISINTERPRETED THE CLEAN AIR ACT IN ORDER TO JUSTIFY ITS POLICIES AND, EFFECTIVELY REWRITE KEY PROVISIONS. STATUS: PENDING. CERT PETITION FILED 4/18/13. AMERICAN INDEPENDENCE MINES V. U.S. DEPARTMENT OF AGRICULTURE - ENVIRONMENT U.S. SUPREME COURT - CERT PETITION PLAINTIFFS CHALLENGED USDA'S NEPA ASSESSMENT ON A MOTOR VEHICLE RULE ISSUED BY THE AGENCY. THE DISTRICT COURT DISMISSED THE CASE FOR LACK OF PRUDENTIAL STANDING UNDER NINTH CIRCUIT PRECEDENT HOLDING THAT "PURELY" ECONOMIC INTERESTS ARE LEGALLY INSUFFICIENT TO CONFER PRUDENTIAL STANDING IN THE NEPA IN DISTRICT COURT. PETITIONERS ARGUE THAT EXCLUDING THOSE SEEKING TO PROTECT ECONOMIC INTERESTS FROM CHALLENGING AN AGENCY'S COMPLIANCE WITH THE NEPA SHARPLY CONFLICTS WITH DECISIONS OF THE SUPREME COURT AND THE EIGHTH CIRCUIT ON AN IMPORTANT, RECURRING ISSUE OF FEDERAL LAW. STATUS: DECIDED. AMICUS BRIEF FILED 2/26/13. COURT DENIED REVIEW. AMERICAN TRUCKING ASSOC. V. PORT OF LOS ANGELES - REGULATORY AND COMMERCE U.S. SUPREME COURT THE CASE WILL DETERMINE WHETHER THE PORT AUTHORITY OF LOS ANGELES IS VIOLATING THE FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT (FAAAA) BY IMPOSING RULES AND CONDITIONS UPON TRUCKS ENTERING THE PORT OF LOS ANGELES. NFIB'S BRIEF ARGUES THAT THE PORT OF LOS ANGELES' RULES REDUCE THE BUSINESS OPPORTUNITIES OF MOTOR CARRIERS AND VIOLATE THE COMMERCE CLAUSE. STATUS: DECIDED. AMICUS BRIEF FILED 2/25/13. ORAL ARGUMENT HELD 4/16/13. COURT RULED IN FAVOR OF ATA 6/13/13. ARIZONA V. HON. WARREN J. ROSE - LEGAL REFORM THE PEOPLE OF ARIZONA PASSED AN INITIATIVE GIVING CRIME VICTIMS A CONSTITUTIONAL RIGHT TO REFUSE INTERVIEWS AND DEPOSITIONS, FROM THOSE ACCUSED OF PERPETRATING A CRIME. THOUGH THE CONSTITUTIONAL PROVISION STATES THAT THIS PROTECTION APPLIES TO ALL CRIME VICTIMS IN ARIZONA, THE LEGISLATURE HAS ENACTED A STATUTE PURPORTING TO EXCLUDE BUSINESS OWNERS FROM THESE PROTECTIONS. ACCORDINGLY, THE NFIB SMALL BUSINESS LEGAL CENTER FILED IN THIS CASE TO MAKE CLEAR THAT THE LEGISLATURE CANNOT TAKE AWAY A BUSINESS' CONSTITUTIONAL RIGHTS THROUGH LEGISLATION. STATUS: PENDING. AMICUS BRIEF FILED 10/09/13. ARKANSAS FISH & GAME COMMISSION V. U.S. - PROPERTY RIGHTS U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT IN 2012, THE U.S. SUPREME COURT RULED THAT THE COMMISSION MIGHT BE ENTITLED TO COMPENSATION UNDER THE FIFTH AMENDMENT FOR DAMAGES CAUSED TO THEIR PROPERTY AS THE RESULT OF INTERMITTENT GOVERNMENT-INDUCED FLOODING. HISTORICALLY, PROPERTY OWNERS FACE SIGNIFICANT LEGAL HURDLES WHEN SEEKING COMPENSATION FOR PROPERTY DAMAGE CAUSED BY SHORT-TERM GOVERNMENT POLICIES AND PROJECTS. THE CASE WAS REMANDED TO THE U.S. COURT OF APPEALS FOR A DETERMINATION AS TO WHETHER COMPENSATION IS DUE. IN THE FEDERAL COURT OF APPEALS, THE COURT RULED IN FAVOR OF THE STATE OF ARKANSAS, WHICH HAD BROUGHT ITS SUIT AGAINST THE FEDERAL GOVERNMENT IN ITS CAPACITY AS A PRIVATE PROPERTY OWNER. THE DECISION WILL MAKE IT EASIER FOR LANDOWNERS TO OBTAIN COMPENSATION WHEN GOVERNMENT CAUSES DAMAGE TO THEIR LAND. STATUS: DECIDED. AMICUS BRIEF FILED ON 4/1/13. COURT RULED IN FAVOR OF THE PROPERTY OWNER ON 12/04/13. BANNER HEALTH SYSTEMS V. NLRB D.C. COURT OF APPEALS THE BOARD RULED THAT THE EMPLOYER VIOLATED EMPLOYEES' SECTION 7 RIGHTS TO ENGAGE IN CONCERTED ACTIVITY BY REQUESTING THE EMPLOYEES NOT DISCUSS AN ONGOING INVESTIGATION OF EMPLOYEE MISCONDUCT. MEMBER HAYES DISSENTED. STATUS: PENDING. AMICUS BRIEF FILED 1/14/13. BECERA V. FRED MEYER - EMPLOYMENT WASHINGTON SUPREME COURT FRED MEYER AND EXPERT JANITORIAL ARE SEEKING REVIEW BY THE WASHINGTON SUPREME COURT IN A CASE INVOLVING THEIR CONTRACTS WITH THIRD PARTY JANITORIAL FIRMS FOR CLEANING FRED MEYER STORES. A HANDFUL OF JANITORS SUED THEIR JANITORIAL EMPLOYERS AS WELL AS FRED MEYER AND EXPERT ALLEGING MINIMUM WAGE, OVERTIME, AND MEAL AND REST BREAK VIOLATIONS. THE SUPERIOR COURT AGREED, DISMISSING FRED MEYER AND EXPERT. HOWEVER, USING A VERY COMPLICATED AND NOVEL LEGAL ANALYSIS, THE COURT OF APPEALS REVERSED, HOLDING THAT FRED MEYER AND EXPERT WERE JOINT EMPLOYERS OF THE JANITORS BECAUSE OF THE DEGREE OF SUPERVISION AND CONTROL THE COURT THOUGHT FRED MEYER AND EXPERT HAD OVER THE JANITORS' WORK. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF PETITION ON 12/13/13. BETTIE PAGE CLOTHING V. NLRB - CHALLENGE TO NRLB SOCIAL MEDIA POLICY U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT IN APRIL 2013, THE NATIONAL LABOR RELATIONS BOARD HELD THAT THE BETTIE PAGE CLOTHING COMPANY UNLAWFULLY FIRED EMPLOYEES WHO USED FACEBOOK TO DISCUSS COMPLAINTS ABOUT THEIR SUPERVISOR'S CONDUCT AND OTHER WORK-RELATED CONCERNS, REJECTING THE EMPLOYER'S CLAIM IT WAS TRICKED INTO FIRING THE WORKERS. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 10/11/13. BLUFORD V. SAFEWAY STORES, INC. - WAGE AND HOUR CALIFORNIA SUPREME COURT NFIB FILED AN AMICUS BRIEF ENCOURAGING THE COURT TO REVIEW A DECISION REGARDING THE METHOD IN WHICH AN EMPLOYER CALCULATES PIECE RATE COMPENSATION. STATUS: DECIDED. AMICUS BRIEF FILED 7/31/13. COURT DENIED REVIEW. BOSTIC V. GEORGIA PACIFIC - LEGAL REFORM TEXAS SUPREME COURT IN THIS CASE, PLAINTIFFS ARE ATTEMPTING TO UNDERCUT AN EARLIER RULING THAT REJECTED TESTIMONY BY ASBESTOS PLAINTIFFS' EXPERTS WHO OPINE THAT ANY EXPOSURE TO ASBESTOS NO MATTER HOW SMALL IS A SUBSTANTIAL CONTRIBUTING FACTOR TO A PLAINTIFF'S HARM. IT IS THIS THEORY THAT IS THE PATH FOR PLAINTIFFS' LAWYERS TO SUE EVEN THE MOST REMOTE DEFENDANTS BECAUSE THE THEORY EQUATES ANY EXPOSURE WITH CAUSATION. STATUS: PENDING. AMICUS BRIEF FILED 8/19/13. BRANDT V. UNITED STATES - PROPERTY RIGHTS U.S. SUPREME COURT NFIB'S BRIEF ARGUES THAT THE GOVERNMENT CANNOT ESTABLISH A RECREATIONAL TRAIL WITHOUT FIRST PAYING THE OWNER JUST COMPENSATION AS REQUIRED BY THE TAKINGS CLAUSE OF THE U.S. CONSTITUTION. MARVIN BRANDT ACQUIRED LAND IN WYOMING THAT CAME WITH PRE-EXISTING RAILROAD EASEMENTS. AFTER THE OWNER OF THE EASEMENT ABANDONED ALL CLAIMS TO IT, THE US GOVERNMENT SUED FOR TITLE TO THE FORMER EASEMENT LAND ON THE THEORY THAT THE GOVERNMENT RETAINED A RESIDUAL CLAIM TO IT AFTER THE RAILROAD ABANDONED IT. BRANDT ARGUED THAT THE GOVERNMENT HAD NO SUCH RIGHT AND THAT TAKING HIS LAND REQUIRED JUST COMPENSATION UNDER THE FIFTH AMENDMENT'S TAKINGS CLAUSE. STATUS: PENDING. AMICUS BRIEF FILED 11/22/13. ORAL ARGUMENT SET FOR 1/14/14. CENTER FOR ENVIRONMENTAL HEALTH V. A BABY INC - LEGAL REFORM CALIFORNIA SUPERIOR COURT, ALAMEDA COUNTY IN THIS CASE AN ENVIRONMENTAL ORGANIZATION SUED A BUSINESS FOR ALLEGED VIOLATIONS OF PROPOSITION 65, WHICH REQUIRES PERSONS DOING BUSINESS IN CALIFORNIA TO POST WARNINGS WHEN CONSUMERS MAY COME IN CONTACT WITH CHEMICALS KNOWN TO THE STATE TO CAUSE CANCER. BUT, THE PLAINTIFFS HAVE USED THIS LAWSUIT IN ORDER TO FORCE THE BUSINESS TO STOP USING CHEMICALS THAT ARE PERFECTLY LEGAL AND IN NO WAY GOVERNED BY PROPOSITION 65'S REGIME. WE JOINED WITH THE AMERICAN CHEMISTRY COUNCIL IN ARGUING THAT PLAINTIFFS SHOULD NOT BE ALLOWED TO COERCE BUSINESSES INTO CHANGING LAWFUL BUSINESS PRACTICES, AND THAT IT IS LAWSUIT ABUSE TO ALLOW A PLAINTIFF TO WIELD PROPOSITION 65 SO AS TO FORCE CONCESSIONS UNRELATED TO THAT ACT. STATUS: DECIDED. AMICUS BRIEF FILED 12/10/13. AMICUS REJECTed 12/12/13. |
| FORM 990, PART III, LINE 4a | CHESSON V. MONTGOMERY MUTUAL INSUR. CO. - LEGAL REFORM MARYLAND COURT OF APPEALS VICTORY! THIS CASE INVOLVES THE STRENGTH OF THE FRYE STANDARD IN MARYLAND AND WILL SHAPE THE ADMISSIBILITY OF SCIENTIFIC EVIDENCE IN MARYLAND'S COURTS. THE PLAINTIFFS' EXPERT CONCOCTED A HIGHLY SPECULATIVE APPROACH TO IDENTIFYING MOLD-RELATED DISEASE. THE TRIAL COURT ALLOWED THE TESTIMONY AND THE APPELLATE COURT REVERSED. STATUS: DECIDED. AMICUS BRIEF FILED 5/10/13. COURT RULED IN FAVOR OF THE DEFENDANT ON 9/25/13. CINTAS V. EEOC - EMPLOYMENT DISCRIMINATION U.S. SUPREME COURT THE SUPREME COURT WILL REVIEW A SIXTH CIRCUIT DECISION HOLDING THAT THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) CAN PURSUE A PATTERN-OR-PRACTICE CLAIM UNDER SECTION 706 OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 (TITLE VII). STATUS: DECIDED. AMICUS BRIEF FILED 6/12/13. COURT DENIED CERT ON 10/7/13. CITY OF ARLINGTON, TEXAS V. FCC - REGULATORY U.S. SUPREME COURT THE COURT HAS BEEN ASKED TO DECIDE WHETHER, CONTRARY TO THE DECISIONS OF AT LEAST TWO OTHER CIRCUITS, A COURT SHOULD APPLY CHEVRON TO REVIEW AN AGENCY'S DETERMINATION OF ITS OWN JURISDICTION. STATUS: DECIDED. AMICUS BRIEF FILED 11/26/12. ORAL ARGUMENT SET FOR 1/16/13. COURT RULED IN FAVOR OF FCC INTERPRETATION. CLAIR V. MONSANTO - PRODUCT LIABILITY MISSOURI SUPREME COURT - PETITION FOR REVIEW THE MISSOURI COURT OF APPEALS ISSUED A DECISION THAT IMPOSED A BROAD DUTY ON PRODUCT MANUFACTURERS TO PREVENT THIRD PARTIES FROM MISUSING OR IMPROPERLY DISPOSING THEIR PRODUCTS. THE PLAINTIFFS CLAIM THEY DEVELOPED NON-HODGKIN'S LYMPHOMA FROM PCBS THAT ENTERED THE ENVIRONMENT FROM THE IMPROPER DISPOSAL OF PRODUCTS CONTAINING PCBS. A DECISION IMPOSING LIABILITY WOULD MAKE THE MANUFACTURER AN INSURER OF ITS PRODUCTS FOR ALL PLACES, TIMES, AND CONDITIONS, AND CREATE A "LIMITLESS POOL OF PLAINTIFFS." STATUS: DECIDED. AMICUS BRIEF FILED 9/6/13. COURT DENIED REVIEW ON 11/27/13. COATES V. FALLIN - SUPPORTING WORKERS' COMPENSATION REFORMS OKLAHOMA SUPREME COURT VICTORY! NFIB FILED AN AMICUS BRIEF IN A LAWSUIT CHALLENGING A NEW STATE LAW THAT FIXED OKLAHOMA'S BROKEN WORKERS' COMPENSATION SYSTEM. THE COURT IS BEING ASKED TO UPHOLD A 2013 REFORM LAW, WHICH REPLACED OKLAHOMA'S ADVERSARIAL COURT-BASED SYSTEM WITH AN ADMINISTRATIVE SYSTEM THAT'S EASIER FOR BOTH SIDES TO NAVIGATE. STATUS: DECIDED. AMICUS BRIEF FILED ON 11/7/13. DECIDED 12/16/13. COLEMAN V. SOCCER ASSOCIATION OF MARYLAND - DEFENDING CONTRIBUTORY NEGLIGENCE MARYLAND COURT OF APPEALS VICTORY! THE PLAINTIFF, A VOLUNTEER SOCCER COACH IN COLUMBIA, MD., WAS HORSING AROUND AND JUMPED UP TO HANG ONTO THE CROSSBAR OF A SOCCER GOAL. THE GOAL TIPPED OVER AND INJURED HIM. THE JURY FOUND THAT HE WAS AT LEAST PARTIALLY RESPONSIBLE FOR HIS OWN HARM, BARRING HIM FROM ANY RECOVERY UNDER MD. LAW. FOR YEARS, PLAINTIFFS HAVE TRIED UNSUCCESSFULLY TO GET THE LEGISLATURE TO MOVE TO A COMPARATIVE FAULT SYSTEM, SO NOW THEY ARE TURNING FOR THE COURT TO GET A CHANGE IN THE LAW. MARYLAND IS ONE OF A HANDFUL OF STATES THAT STILL PERMIT CONTRIBUTORY NEGLIGENCE AS A COMPLETE BAR TO A PLAINTIFF'S RECOVERY. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT 7/10/12. COURT RETAINED CONTRIBUTORY NEGLIGENCE STANDARD IN A DECISION ISSUED 7/9/13. COMER V. MURPHY OIL USA (2010) - LIABILITY FOR GREENHOUSE GAS EMISSIONS & COMER V. MURPHY OIL USA II (2012) 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. CASE PRESENTED TO THE 5TH CIRCUIT AGAIN IN 2012. AMICUS BRIEF FILED 9/29/12. CORTEZ V. NACCO - WORKERS' COMPENSATION OREGON SUPREME COURT THE OREGON COURT OF APPEALS RULED THAT WORKERS' COMP NEED NOT BE THE "EXCLUSIVE REMEDY" FOR INJURED WORKERS. THE RULING SIGNIFICANTLY UNDERCUT LIABILITY PROTECTIONS FROM LLC OWNERS AND MEMBERS. NACCO PETITIONED THE OREGON SUPREME COURT FOR REVIEW OF THE CASE. NFIB SUPPORTED THE PETITIONERS AT BOTH THE CERT AND MERITS STAGES. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF PETITION FOR REVIEW ON 8/3/12. AMICUS BRIEF FILED ON THE MERITS ON 2/5/13. CULLUM V. WALMART - LEGAL REFORM TENNESSEE SUPREME COURT THE CASE CONCERNS A WOMAN INJURED IN THE PARKING LOT OF A WALMART. THE WOMAN WAS STRUCK BY A CAR DRIVEN BY ANOTHER CUSTOMER WHO'D BEEN KICKED OUT OF THE DISCOUNT STORE MINUTES EARLIER, ALLEGEDLY FOR BEING BELLIGERENTLY DRUNK. THE INJURED WOMAN FILED A NEGLIGENCE SUIT AGAINST THE WOMAN WHO STRUCK HER AS WELL AS WALMART, RAISING QUESTIONS ABOUT WHETHER THE RETAILER DID ENOUGH TO PROTECT ITS CUSTOMERS. THE TRIAL COURT DISMISSED THE CASE, BUT THE COURT OF APPEALS SAID THE STORE SHOULD HAVE DONE MORE TO KEEP ITS OTHER CUSTOMERS FROM HARM. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT 7/22/13. COURT RULED IN FAVOR OF PLAINTIFF 12/19/13. DEFENDERS OF WILDLIFE V. EPA - LEGAL REFORM D.C. CIRCUIT COURT OF APPEAL IN RECENT YEARS ENVIRONMENTAL GROUPS HAVE INCREASINGLY SOUGHT TO INFLUENCE PUBLIC POLICY BY BRINGING LAWSUITS AGAINST FEDERAL AGENCIES AND THEN OFFERING SETTLEMENT AGREEMENTS. THESE "SUE-AND-SETTLE" TACTICS ARE CONCERNING BECAUSE IT ALLOWS IDEOLOGICALLY DRIVEN ORGANIZATIONS TO HOLD PRIVATE NEGOTIATIONS WITH FEDERAL AGENCIES AND TO THEN INFLUENCE PUBLIC POLICY DECISIONS. THIS ISSUE IS OF CONCERN TO SMALL BUSINESS BECAUSE BUSINESS OWNERS ARE OFTEN IMPACTED BY THESE FORCED POLICY DECISIONS. IN THIS CASE, ENVIRONMENTALISTS FILED SUIT AGAINST THE ENVIRONMENTAL PROTECTION AGENCY (EPA) AND IMMEDIATELY OFFERED A SETTLEMENT AGREEMENT, WHICH WOULD BIND THE EPA TO A SCHEDULE FOR PROMULGATING ELECTRIC EFFLUENT LIMITATION GUIDELINES. SINCE THIS WOULD IMPACT THE ELECTRIC UTILITIES INDUSTRY, THE UTILITY WATER ACT GROUP (UWAG) SOUGHT TO INTERVENE TO OPPOSE THE TERMS OF THE SETTLEMENT. DESPITE THE FACT THAT THE FEDERAL RULES OF CIVIL PROCEDURE REQUIRE ONLY THAT AN INTERVENER HAVE AN INTEREST IN THE CASE, THE DISTRICT COURT DENIED UWAG'S MOTION FOR INTERVENTION. THE COURT HELD THAT UWAG NEEDED TO DEMONSTRATE THAT IT HAD SUFFERED AN ACTUAL INJURY BEFORE IT COULD BE ALLOWED TO INTERVENE. ON APPEAL, THE NFIB LEGAL CENTER JOINED WITH THE NATIONAL ASSOCIATION OF HOME BUILDERS IN FILING AN AMICUS BRIEF IN SUPPORT OF UWAG. WE URGED THE D.C. CIRCUIT COURT OF APPEALS TO HOLD THAT THE DISTRICT COURT ERRED IN DENYING THE MOTION TO INTERVENE. WE ARGUED THAT THE D.C. CIRCUIT SHOULD SIDE WITH THE MAJORITY OF OTHER FEDERAL CIRCUITS IN REJECTING ANY HEIGHTENED REQUIREMENT BEYOND WHAT THE FEDERAL RULES OF CIVIL PROCEDURE REQUIRE. FURTHERMORE, WE EXPLAINED THAT THE COURT WOULD BENEFIT FROM INTERVENTION IN THIS CASE BECAUSE UWAG COULD OFFER IMPORTANT PERSPECTIVE FROM THE REGULATED COMMUNITY ON THE IMPACT OF SETTLEMENT, WHICH IS PARTICULARLY IMPORTANT GIVEN THAT THE PROPOSED SETTLEMENT WILL AFFECT THE BROADER PUBLIC. STATUS: DECIDED. AMICUS BRIEF IN SUPPORT OF INTERVENER-MOVANT FILED ON 08/01/12. COURT DENIED MOTION TO INTERVENE. DEPARTMENT OF REVENUE V. COX INTERIOR, INC. - STATUTE OF LIMITATIONS FOR TAX REFUND KENTUCKY SUPREME COURT VICTORY! KENTUCKY HAS ARGUED THAT FAILURE TO PROTEST A TAX AT THE TIME OF PAYMENT BARS A BUSINESS TAXPAYER FROM LATER OBTAINING A REFUND OF OVERPAID TAXES. STATUS: DECIDED. AMICUS BRIEF FILED ON 1/27/12. DECIDED 6/20/13 IN FAVOR OF TAXPAYER. |
| FORM 990, PART III, LINE 4a | DIXON V. FORD MOTOR CO. - LEGAL REFORM MARYLAND COURT OF APPEALS NFIB JOINED A BRIEF ARGUING FOR EXCLUSION OF PLAINTIFFS' EXPERT TESTIMONY BASED UPON THE ANY EXPOSURE THEORY OF ASBESTOS CAUSATION. STATUS: DECIDED. AMICUS BRIEF FILED 2/22/13. COURT ISSUED MIXED-RULING ON 7/25/13. DR HORTON - EMPLOYMENT ARBITRATION AGREEMENTS U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT THIS APPEAL INVOLVES A DISPUTE OVER WHETHER EMPLOYERS CAN REQUIRE EMPLOYEES TO AGREE TO RESOLVE EMPLOYMENT DISPUTES THROUGH ARBITRATION, RATHER THAN THROUGH THE COURTS. THE NLRB CONTENDS THAT IT IS AN UNFAIR LABOR PRACTICE FOR AN EMPLOYMENT CONTRACT TO CONTAIN A WAIVER OF CLASS ACTION RIGHTS AND TO INSTEAD PROVIDE THAT DISPUTES SHALL BE RESOLVED INDIVIDUALLY THROUGH ARBITRATION. NFIB HAS DEFENDED EMPLOYMENT ARBITRATION AGREEMENTS, WHICH ALLOW EMPLOYERS TO RESOLVE DISPUTES EXPEDITIOUSLY AND WITHOUT COURT COSTS. STATUS: DECIDED. AMICUS BRIEF FILED 6/5/12. COURT RULED IN FAVOR OF THE EMPLOYER ON 12/04/13. EEOC V. MACH MINING - EMPLOYMENT U.S. SUPREME COURT THE COURT WILL CONSIDER WHETHER THE EEOC'S COMPLIANCE WITH PRE-SUIT ADMINISTRATIVE REQUIREMENTS, INCLUDING CONCILIATION, IS SUBJECT TO JUDICIAL REVIEW AND, IF SO, WHAT LEVEL OF REVIEW IS WARRANTED. EEOC SUED MACH MINING ALLEGING THAT IT ENGAGED IN UNLAWFUL DISPARATE IMPACT AND PATTERN-OR-PRACTICE DISCRIMINATION ON THE BASIS OF SEX IN ITS HIRING FOR NON-OFFICE POSITIONS. IN ITS ANSWER, MACH ASSERTED THAT THE EEOC FAILED TO SATISFY ITS STATUTORY DUTY TO CONCILIATE PRIOR TO FILING SUIT. STATUS: PENDING. AMICUS BRIEF FILED 8/28/13. COURT ADOPTED EEOC'S POSITION 12/20/13. EEOC V. PEOPLEMARK - EEOC SUBPOENA POWER CHALLENGED U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT VICTORY! THE APPELLATE COURT WILL DETERMINE WHETHER DISMISSAL WITH PREJUDICE IS AN APPROPRIATE REMEDY IN A TITLE VII ACTION BROUGHT BY THE EEOC WHERE THE AGENCY FAILED TO CONDUCT ANY INVESTIGATION OF THE UNDERLYING INDIVIDUAL CLAIMS OR ENGAGE IN MEANINGFUL CONCILIATION PRIOR TO FILING SUIT. THE COURT WILL ALSO CONSIDER WHETHER THE EEOC BE ORDERED TO PAY THE DEFENDANT'S ATTORNEYS' FEES UNDER SUCH CIRCUMSTANCES. STATUS: DECIDED. BRIEF FILED IN SUPPORT OF EMPLOYER ON 6/1/12. COURT AFFIRMED ATTORNEYS' FEES AWARD ON 10/7/13. 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: DECIDED. AMICUS LETTER FILED ON 8/4/11. COURT DENIED REVIEW. 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. FEDERAL TRADE COMMISSION V. WYNDHAM - REGULATORY U.S. DISTRICT COURT FOR THE DISTRICT OF ARIZONA NFIB JOINED AN AMICUS BRIEF IN ARIZONA FEDERAL COURT IN SUPPORT OF WYNDHAM WORLDWIDE'S MOTION TO DISMISS A LAWSUIT BROUGHT BY THE FEDERAL TRADE COMMISSION, ALLEGING THAT THE COMPANY ENGAGED IN "UNFAIR" TRADE PRACTICES BECAUSE IT ALLEGEDLY LACKED "REASONABLE" DATA SECURITY MEASURES TO PREVENT HACKERS FROM BREACHING ITS DATA DEFENSES. NFIB'S BRIEF ARGUES THAT THE FTC HAS A PATTERN OF ABUSING ITS "UNFAIRNESS" AUTHORITY BY ROUTINELY PUNISHING BUSINESSES WHO ARE THEMSELVES HACKING VICTIMS FOR ALLEGEDLY FAILING TO HAVE "REASONABLE" DATA SECURITY MEASURES IN PLACE. STATUS: PENDING. AMICUS BRIEF FILED 5/3/13. FORD MOTOR CO. V. BOOMER - LEGAL REFORM VIRGINIA SUPREME COURT THE CASE WILL DETERMINE WHETHER ASBESTOS PLAINTIFFS CAN SUCCEED WITH THE "ANY FIBER IS GOOD ENOUGH" THEORY OF CAUSATION THAT ALLOWS EVEN THE MOST REMOTE DEFENDANTS TO BE DRAGGED INTO THE LITIGATION. THE SUBJECT CASE, BROUGHT BY A PLAINTIFF NAMED BOOMER, RESULTED IN A VERDICT AGAINST FORD AND HONEYWELL. STATUS: DECIDED. AMICUS BRIEF FILED ON 7/3/12. COURT RULED IN FAVOR OF DEFENDANTS ON 1/11/13. GALLO CO. ET. AL. V. COMMISSIONER OF DEPARTMENT OF ENVIRONMENTAL PROTECTION - PROPERTY RIGHTS U.S. SUPREME COURT IN THIS CASE BEVERAGE DISTRIBUTORS CHALLENGED AMENDMENTS TO CONNECTICUT'S BOTTLE BILL. IN 1980 THE STATE ENACTED THE ORIGINAL BOTTLE BILL, WHICH REQUIRED DISTRIBUTORS TO PAY CONSUMERS A REFUND OF A FEW CENTS FOR EACH BOTTLE THAT WAS RETURNED. IN THE MIDST OF A FINANCIAL CRISIS IN 2008, THE STATE AMENDED THE BOTTLE BILL TO REQUIRE DISTRIBUTORS TO SET ASIDE MONEY FOR THESE REFUNDS IN A SEPARATE INTEREST BEARING ACCOUNT. THEN IN 2009 THE STATE AMENDED THE BOTTLE BILL AGAIN TO REQUIRE DISTRIBUTORS TO HAND-OVER UNPAID REFUNDS TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION ON A QUARTERLY BASIS. BEFORE THAT IT WAS SETTLED LAW THAT THE DISTRIBUTORS HAD PROPERTY RIGHTS IN THE UNPAID REFUNDS, BUT THE CONNECTICUT SUPREME COURT CHANGED THAT IN A RULING UPHOLDING THE 2009 AMENDMENTS, AND REDEFINING PROPERTY RIGHTS IN THE STATE. PETITIONERS CONTEND THAT THE AMENDMENTS CONSTITUTED A TAKING, AND THAT THE STATE SUPREME COURT IS COMPLICIT IN THE TAKING. STATUS: DECIDED. AMICUS BRIEF FILED 12/24/13. COURT DENIED REVIEW. |
| FORM 990, PART III, LINE 4a | GEORGIA-PACIFIC WEST V. NEDC - REGULATORY U.S. SUPREME COURT THIS CASE CONCERNS AMBIGUITY IN THE CLEAN WATER ACT. SPECIFICALLY, IT IS UNCLEAR WHETHER THE CWA WAS INTENDED TO REQUIRE TIMBER HARVESTING COMPANIES TO OBTAIN NPDES PERMITS TO CONTROL STORMWATER FLOWS FROM FOREST ROADS. WE FILED AN AMICUS BRIEF TO ARGUE THAT EPA'S LONG-STANDING INTERPRETATIONS, EXEMPTING TIMBER BUSINESSES FROM THE NPDES PERMIT REGIME, SHOULD BE AFFORDED DEFERENCE BECAUSE EPA'S INTERPRETATION PRESERVES THE PRINCIPLES OF FEDERALISM ENTAILED IN THE NINTH AND TENTH AMENDMENTS. STATUS: DECIDED. FILED IN SUPPORT OF PETITIONER 9/04/12. COURT RULED 3/20/13. GENESIS HEALTHCARE AND ELDERCARE RESOURCES - WAGE AND HOUR (FLSA) SUPREME COURT OF UNITED STATES NFIB FILED AN AMICUS IN SUPPORT OF PETITIONERS OVER WHETHER AN EMPLOYER, HIT WITH A PROPOSED COLLECTIVE ACTION UNDER THE FLSA, CAN MOOT A CLAIM BY MAKING AN OFFER OF JUDGMENT (UNDER FRCP 68) BEFORE OTHER WORKERS HAVE THE CHANCE TO "OPT IN." STATUS: PENDING. FILED IN SUPPORT OF PETITIONER'S CERT PETITION ON 3/21/12. FILED IN SUPPORT OF PETITIONER'S MERITS BRIEF ON 9/6/12. GEORGIA-PACIFIC V. FARRAR - ASBESTOS REFORM MARYLAND COURT OF APPEALS VICTORY! THE COURT WILL DETERMINE WHETHER A MANUFACTURER HAS A DUTY TO WARN FAMILY MEMBERS OF THE DANGERS OF TAKE-HOME ASBESTOS. IN ADDITION, THE COURT WILL ADDRESS THE MEASURE OR STANDARD FOR DETERMINING THE SUFFICIENCY OF EVIDENCE TO ESTABLISH A SUBSTANTIAL CONTRIBUTING FACTOR OF MESOTHELIOMA STATUS: DECIDED. AMICUS BRIEF FILED 2/28/13. COURT RULED IN FAVOR OF DEFENDANT. GONZALEZ V. DOWNTOWN LA MOTORS - WAGE AND HOUR CALIFORNIA SUPREME COURT NFIB FILED A BRIEF URGING THE STATE SUPREME COURT TO TAKE UP A WAGE AND HOUR CASE REGARDING PIECE RATE WAGE CALCULATIONS. STATUS: DECIDED. AMICUS BRIEF FILED 6/23/13. COURT DENIED REVIEW. GROCERY MANUFACTURERS ASSOCIATION V. EPA - REGULATORY U.S. SUPREME COURT - CERT PETITION SEVERAL INDUSTRY GROUPS SUED EPA OVER AN AGENCY DECISION THAT ALLOWED FOR A HIGHER CONTENT OF ETHANOL IN GASOLINE. THE D.C. CIRCUIT DISMISSED THE CLAIM FINDING NONE OF THE TRADE GROUPS HAD STANDING. STATUS: DECIDED. AMICUS BRIEF FILED 3/29/13. COURT DENIED REVIEW 6/24/13. HARGROVE V. SLEEPY'S LLC IN THIS CASE THREE INDEPENDENT BUSINESS OWNERS ENTERED INTO SEPARATE CONTRACTS TO HAVE THEIR RESPECTIVE COMPANIES PROVIDE SERVICES TO SLEEPY'S. UNDER THE SERVICE AGREEMENT THEY WERE TO DELIVER MATTRESSES. AFTER PERFORMING THE CONTRACT FOR SEVERAL YEARS THESE BUSINESS OWNERS NOW CLAIM THAT THEY SOMEHOW BECAME SLEEPY'S EMPLOYEES. NOW THE NEW JERSEY SUPREME COURT WILL DECIDE WHETHER THEY BECAME EMPLOYEES OR NOT. NFIB LEGAL CENTER ARGUED THAT THEY COULD NOT HAVE BEEN SLEEPY'S EMPLOYEES BECAUSE THEY WERE INDEPENDENT BUSINESS OWNERS. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF SLEEPY'S ON 8/30/13. HARRIS V. QUINN - FORCED UNIONIZATION OF IL HEALTHCARE PROVIDERS U.S. SUPREME COURT THE STATE OF ILLINOIS OPERATES MEDICAID-WAIVER PROGRAMS THAT PAY FOR IN-HOME PERSONAL CARE FOR DISABLED INDIVIDUALS. THE INDIVIDUAL "PROVIDERS" ARE SELECTED AND EMPLOYED BY THE PERSONS WITH DISABILITIES OR THEIR GUARDIANS AND ARE OFTEN RELATIVES OF THE DISABLED PERSONS. ILLINOIS IS COMPELLING THESE PROVIDERS TO FINANCIALLY SUPPORT THE SEIU AS THEIR EXCLUSIVE REPRESENTATIVE FOR BARGAINING WITH THE STATE OVER ITS MEDICAID REIMBURSEMENT RATES AND BENEFITS FOR PERSONAL CARE. PLAINTIFFS ARE PROVIDERS WHO ASSERT THAT BY COMPELLING THEM TO ASSOCIATE WITH AN ORGANIZATION TO PETITION THE STATE FOR MORE BENEFITS, THE STATE IS VIOLATING THEIR RIGHTS TO FREE EXPRESSIVE ASSOCIATION UNDER THE FIRST AMENDMENT. STATUS: PENDING. AMICUS BRIEF FILED ON BEHALF OF PETITIONERS' CERT PETITION ON 1/2/12. AMICUS BRIEF FILED ON THE MERITS 11/29/13. ORAL ARGUMENT SET FOR 1/21/14. HORNE V. USDA - PROPERTY RIGHTS U.S. SUPREME COURT - CERT PETITION AND MERITS VICTORY! UNDER THE AGRICULTURAL MARKETING AGREEMENT ACT OF 1937, RAISIN FARMERS MUST TURN OVER A SUBSTANTIAL PORTION OF THEIR CROP (SOMETIMES REACHING PERCENTAGES AS HIGH AS 30 OR 47 PERCENT OF THE ANNUAL CROP) FOR BELOW-MARKET OR NO COMPENSATION IN EXCHANGE FOR THE "PRIVILEGE" OF SELLING THE REMAINDER ON THE OPEN MARKET. THE NINTH CIRCUIT DENIED FARMERS THE RIGHT TO APPROPRIATELY CONTEST MONETARY FINES IMPOSED ON THE FARMERS WHO ALLEGEDLY FAILED TO COMPLY WITH THE SET-ASIDE. STATUS: DECIDED. AMICUS BRIEF FILED 8/27/12. COURT GRANTED CERT AND MERITS BRIEF FILED 1/16/13. ORAL ARGUMENT HELD 3/20/13. COURT RULED IN FAVOR OF THE FARMER 6/10/2013. HOWARD V. A.W. CHESTERTON, INC. - LEGAL REFORM PENNSYLVANIA SUPREME COURT VICTORY! 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." PA LOWER COURTS ARE NOW TRYING TO UNDERMINE THIS DECISION. STATUS: DECIDED. AMICUS BRIEF FILED 12/17/12. COURT AFFIRMED THAT TRIAL JUDGES MUST REJECT "ANY EXPOSURE" THEORIES. ILAGAN V. UNGACTA - KELO REVISITED U.S. SUPREME COURT - CERT PETITION SINCE KELO WAS DECIDED IN 2005, THE LOWER COURTS HAVE BEEN UTTERLY CONFUSED AS TO WHAT CONSTITUTES A PRETEXTUAL TAKING. AND SOME COURTS-LIKE THE SUPREME COURT OF GUAM HERE-HAVE DEFINED PRETEXTUAL TAKINGS SO NARROWLY THAT THERE ARE ESSENTIALLY NO LIMITS ON THE PUBLIC USE CLAUSE. IN THIS CASE, THE SUPREME COURT OF GUAM UPHELD THE TAKING OF THE ILAGAN FAMILY'S PROPERTY, DESPITE THE FACT THAT THE TAKING BENEFITED THE MAYOR OF THE CITY. PETITIONERS ARGUE THAT THIS TAKING GOES BEYOND WHAT WAS ALLOWED IN KELO. AND THE COALITION OF AMICI CURIAE HAS ENCOURAGED THE SUPREME COURT TO TAKE UP THIS CASE BOTH TO RESOLVE THE PRETEXT QUESTION AND TO RECONSIDER KELO. STATUS: DECIDED. COURT DENIED REVIEW ON 4/15/2013. INDUSTRIAL COMM'N OF ARIZONA V. MARTIN - WORKERS' COMPENSATION SUPERIOR COURT OF ARIZONA ARIZONA COURT OF APPEALS NFIB HAS JOINED THE FIGHT AGAINST THE STATE OF ARIZONA'S UNCONSTITUTIONAL TAKING OF FUNDS FROM THE STATE'S WORKERS' COMPENSATION FUND. ON JANUARY 31, 2009 ARIZONA GOVERNOR JAN BREWER SIGNED SB 1001, WHICH SWEEPS OVER $4 MILLION FROM THE STATE'S SPECIAL FUND OF THE INDUSTRIAL COMMISSION, THE FUND ESTABLISHED BY ARIZONA'S WORKERS' COMPENSATION STATUTE TO ENSURE INJURED WORKERS RECEIVE BENEFITS MAINLY IN CASES WHERE THE EMPLOYER IS UNINSURED OR THE INSURANCE CARRIER IS INSOLVENT. THESE MILLIONS OF DOLLARS WERE USED TO BALANCE THE STATE'S BUDGET IN VIOLATION OF THE STATE'S CONSTITUTION AND WORKERS' COMPENSATION STATUTE THAT CLEARLY STATE THAT MONEY FROM THE SPECIAL FUND MAY ONLY BE USED TO COVER WORKERS. STATUS: DECIDED. MOTION TO INTERVENE GRANTED 1/5/10. COURT RULED 6/21/10 IN FAVOR OF THE PLAINTIFFS THAT FUNDS WERE HELD IN TRUST. ARIZONA COURT OF APPEALS OVERTURNED THE TRIAL COURT DECISION ON 12/3/12. MOTION FOR RECONSIDERATION FILED 9/20/13. |
| FORM 990, PART III, LINE 4a | IN RE CARD INTERCHANGE FEE CLASS ACTION - UNFAIR COMPETITION U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK NFIB FILED AN AMICUS BRIEF OPPOSING VISA/MASTERCARD'S PROPOSED SETTLEMENT IN AN INTERCHANGE FEE DISPUTE INVOLVING MERCHANTS AND CONSUMERS. NFIB CONTENDS THAT THE PROPOSED SETTLEMENT WOULD PUT SMALL BUSINESS AT A FURTHER DISADVANTAGE WHEN IT COMES TO NEGOTIATING INTERCHANGE FEES WITH BANKS. STATUS: PENDING. AMICUS BRIEF FILED 11/19/12. FORMAL OBJECTION FILED TO SETTLEMENT ON 5/24/13. IN RE MASS TORT PROGRAM - ASBESTOS REFORM PENNSYLVANIA COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY A BRIEF WAS SUBMITTED TO THE PHILADELPHIA COURT OF COMMON PLEAS CALLING ON THE COURT TO ADOPT REFORMS IN ASBESTOS AND MASS TORT CASES TO ADDRESS ITS "JUDICIAL HELLHOLE" IMAGE. THE COURT RESPONDED TO THE AMICUS BRIEF AND ADOPTED A NEW PROTOCOL FOR MASS TORT CASES THAT THE BRIEF'S RECOMMENDATIONS WITH RESPECT TO REVERSE BIFURCATION, DEFERRAL OF PUNITIVE DAMAGES AND LIMITING CONSOLIDATED TRIALS. STATUS: PENDING. AMICUS BRIEF FILED 1/21/12. COURT ADOPTED AMICI RECOMMENDATIONS FOR HANDLING ASBESTOS CLAIMS. SECOND AMICUS BRIEF SUBMITTED 6/1/12. IN RE: NEW YORK CITY ASBESTOS LITIGATION - PUNITIVE DAMAGES SUPREME COURT OF THE STATE OF NEW YORK THE NFIB LEGAL CENTER JOINED OTHER BUSINESS GROUPS DEFENDING A 1996 COURT DECISION THAT REJECTED THE AWARD OF PUNITIVE DAMAGES IN ASBESTOS LITIGATION. STATUS: PENDING. AMICUS BRIEF FILED 11/1/13. KAGAN V. NEW ORLEANS - FREE SPEECH RIGHTS U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT IN THIS CASE TOUR-GUIDES IN LOUISIANA ARGUE THAT IT IS UNCONSTITUTIONAL FOR THE CITY TO REQUIRE THEM TO OBTAIN A LICENSE IN ORDER TO TALK ABOUT POINTS OF INTEREST IN THE COMMUNITY. NFIB LEGAL CENTER FILED AN AMICUS BRIEF SUPPORTING THEM IN THE COURT OF APPEALS, ARGUING THAT THE LICENSING REGIME VIOLATES THEIR FIRST AMENDMENT RIGHTS. STATUS: PENDING. AMICUS BRIEF FILED 12/04/13. KERR V. HICKENLOOPER - DEFENDING COLORADO'S TABOR U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT THE TAXPAYER BILL OF RIGHTS, KNOWN BY THE ACRONYM TABOR, REQUIRES A PUBLIC REFERENDUM ON TAX INCREASES AND TIGHTLY LIMITS SPENDING. PLAINTIFFS ARE CHALLENGING THE MEASURE ON THE GROUNDS THAT IT UNFAIRLY RESTRICTS THE LEGISLATURE FROM DOING ITS JOB. NFIB ASSERTS THAT OVERTURNING TABOR WOULD OPEN THE FLOODGATES FOR LITIGATION AGAINST VOTER-ENACTED SPENDING CONTROLS AROUND THE COUNTRY, AND UNDERMINE COLORADO VOTERS' DECISION TO KEEP GOVERNMENT SPENDING IN CHECK. STATUS: PENDING. AMICUS BRIEF FILED 2/12/13. KLAIRMONT V. GRAINSBORO - LEGAL REFORM SUPREME JUDICIAL COURT FOR THE COMMONWEALTH OF MASSACHUSETTS NFIB JOINED A COALITION OF INTERESTED GROUPS IN FILING AN AMICUS BRIEF ON BEHALF OF DEFENDANTS-APPELLANTS IN THIS CASE. OUR BRIEF ARGUED THAT LITIGANTS SHOULD NOT BE ABLE TO ADVANCE CLAIMS AGAINST BUSINESSES UNDER CONSUMER PROTECTION STATUTES SEEKING COMPENSATION FOR PERSONAL INJURIES, WHICH ARE MORE APPROPRIATELY ADVANCED AS COMMON LAW TORT CLAIMS. STATUS: DECIDED. FILED IN SUPPORT OF DEFENDANTS-APPELLANTS ON 3/30/12. COURT RULED IN FAVOR OF THE PLAINTIFF ON 5/17/13. KOONTZ V. ST. JOHNS RIVER MGMT. - PROPERTY RIGHTS U.S. SUPREME COURT THE COURT WILL DETERMINE WHETHER THE GOVERNMENT CAN BE HELD LIABLE FOR A TAKING WHEN IT REFUSES TO ISSUE A LAND-USE PERMIT ON THE BASIS THAT THE APPLICANT WILL NOT ACCEDE TO A PERMIT CONDITION THAT VIOLATES THE ESSENTIAL NEXUS AND ROUGH PROPORTIONALITY TEST FROM NOLLAN V. CA COASTAL COMM. (1987) AND DOLAN V. CITY OF TIGARD (1994). STATUS: DECIDED. AMICUS BRIEF FILED 11/28/12. ORAL ARGUMENT SET FOR 1/15/13. COURT RULED IN FAVOR OF LANDOWNERS 6/25/13. LAWSON V. FMR - SARBANES-OXLEY APPLICATION TO PRIVATELY-HELD COMPANIES U.S. SUPREME COURT IN THIS CASE THE SUPREME COURT WILL HAVE TO DECIDE WHETHER AN EMPLOYEE OF A PRIVATELY HELD CONTRACTOR OR SUBCONTRACTOR OF A PUBLIC COMPANY IS PROTECTED FROM RETALIATION BY SECTION 806 OF THE SARBANES-OXLEY ACT. NFIB'S AMICUS BRIEF ARGUES THAT THE SARBANES-OXLEY ACT WAS NEVER INTENDED TO APPLY TO PRIVATELY HELD COMPANIES AND THAT IMPOSING THE SARBANES-OXLEY WHISTLEBLOWER PROTECTIONS ON PRIVATE COMPANIES WOULD ADD UNBEARABLE COSTS AND REGULATIONS TO SMALL BUSINESSES. STATUS: DECIDED. AMICUS BRIEF FILED 10/7/13. ORAL ARGUMENT SET FOR 11/12/13. COURT RULED IN FAVOR OF PLAINTIFF. LEDBETTER V. GOODYEAR TIRE AND RUBBER AND COMPANY. - FIGHTING EXPANSION OF TITLE VII PAY DISCRIMINATION CLAIMS VICTORY! U.S. SUPREME COURT THE ISSUE IS HOW FAR BACK A PLAINTIFF CAN REACH WHEN SEEKING DAMAGES IN A DISPARATE PAY CLAIM UNDER TITLE VII OF THE 1964 CIVIL RIGHTS ACT. AT TRIAL, LEDBETTER PERSUADED THE COURT TO ALLOW INTO EVIDENCE ALL OF HER PAY REVIEWS SINCE HER HIRE IN 1979. AT ISSUE IS WHETHER THE STATUTE OF LIMITATIONS FOR THESE CLAIMS SHOULD BEGIN WHEN THE ALLEGED DISCRIMINATION OCCURS, OR INSTEAD SHOULD BEGIN WHEN THE CLAIMANT REALIZES THE CONSEQUENCES OF THE ALLEGED DISCRIMINATION. THE LEGAL CENTER URGED THE COURT TO UPHOLD THAT THE STATUTE OF LIMITATIONS BEGINS TO RUN WHEN THE ALLEGED DISCRIMINATION OCCURS. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF GOODYEAR ON 10/23/06. ORAL ARGUMENT HELD 11/27/06. SUPREME COURT UPHELD STATUTE OF LIMITATIONS ON 05/29/07. CASE SUPERSEDED BY LEDBETTER FAIR PAY ACT OF 2009. LOBATO V. COLORADO - DEFENDING TAX PAYER BILL OF RIGHTS (TABOR) LAW COLORADO SUPREME COURT IN 1992, COLORADO PASSED A TAX PAYER BILL OF RIGHTS ("TABOR"). UNDER TABOR, STATE AND LOCAL GOVERNMENTS CANNOT RAISE TAX RATES WITHOUT VOTER APPROVAL AND CANNOT SPEND REVENUES COLLECTED UNDER EXISTING TAX RATES IF REVENUES GROW FASTER THAN THE RATE OF INFLATION AND POPULATION GROWTH, WITHOUT VOTER APPROVAL. IN LOBATO, THE PLAINTIFFS ALLEGE THAT THE IMPLEMENTATION OF TABOR RENDERS THE PUBLIC SCHOOL SYSTEM SO UNDERFUNDED THAT STUDENTS ARE DENIED AN ADEQUATE EDUCATION, IN VIOLATION OF THE STATE CONSTITUTIONAL MANDATE OF A "THOROUGH AND UNIFORM" SYSTEM. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF TABOR LAW ON 7/18/12. COURT DISMISSED LAWSUIT. MACY'S V. UNITED COMMERCIAL FOOD WORKERS - BARGAINING UNIT SCOPE NLRB THE NLRB'S REGIONAL DIRECTOR APPLIED THE UNIT DETERMINATION STANDARD ANNOUNCED IN SPECIALTY HEALTHCARE TO FIND THE EMPLOYEES WORKING IN THE FRAGRANCE DEPARTMENT IN A MACY'S DEPARTMENT STORE AN APPROPRIATE UNIT. THE YEAR PRIOR, THE UNION HAD FAILED TO ORGANIZE A WALL-TO-WALL UNIT IN THE SAME STORE. THE BRIEF ATTACKS THE MICRO-UNIT STANDARD APPLIED BY THE BOARD. STATUS: PENDING. AMICUS BRIEF FILED 2/27/13. 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. MEHAFFY V. U.S. - PROPERTY RIGHTS U.S. SUPREME COURT - CERT PETITION THE COURT HAS BEEN ASKED TO REVERSE A FEDERAL CIRCUIT DECISION THAT PREVENTS LANDOWNERS FROM SEEKING COMPENSATION FOR REGULATIONS THAT ARE TOO BURDENSOME WHEN THEY HAVE ACQUIRED A PROPERTY AFTER ENACTMENT OF A LAND USE RESTRICTION. NFIB'S AMICUS BRIEF ARGUES THAT A RULE BARRING A POST-ENACTMENT PURCHASER FROM BRINGING A LAWSUIT DISADVANTAGES SMALL BUSINESSES, LANDOWNERS AND THE ELDERLY. STATUS: PENDING. AMICUS BRIEF FILED 7/1/13. MHC FINANCING V. CITY OF SAN RAFAEL - PROPERTY RIGHTS U.S. SUPREME COURT - CERT PETITION IN 1999, SAN RAFAEL ENACTED AN AMENDMENT ELIMINATING OWNERS' ABILITY TO INCREASE RENTS TO KEEP UP WITH INFLATION. MHC THEN BROUGHT SUIT IN 2000, ALLEGING CLAIMS UNDER THE TAKINGS CLAUSE OF THE FIFTH AMENDMENT, ARGUING THE GOVERNMENT MUST PROVIDE COMPENSATION WHEN TAKING PROPERTY. THE DISTRICT COURT RULED IN FAVOR OF MHC ON ITS CLAIMS THAT THE CITY HAD AFFECTED BOTH A REGULATORY TAKING AND A PRIVATE TAKING. THE NINTH CIRCUIT REVERSED THE DISTRICT COURT'S RULING, FINDING THAT SINCE ONE RENT REGULATION EXISTED BEFORE MHC BOUGHT THE PROPERTY, IT WAS NOT ENTITLED TO BRING CLAIMS REGARDING ANY NEW REGULATIONS. STATUS: DECIDED. AMICUS BRIEF FILED 11/6/13. COURT DENIED REVIEW. MICHIGAN BUILDING AND CONSTRUCTION TRADES COUNCIL V. SNYDER - PLA AGREEMENTS U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT IN JULY 2011, GOVERNOR SNYDER SIGNED THE "MICHIGAN FAIR & OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT," WHICH PROHIBITS GOVERNMENT ENTITIES FROM AWARDING CONTRACTS WITH PROJECT LABOR AGREEMENTS (PLAS). MICHIGAN BUILDING & CONSTRUCTION TRADE |
| FORM 990, PART III, LINE 4a | MORNING STAR PACKING CO. V. CALIFORNIA AIR RESOURCE BOARD - ENVIRONMENTAL CALIFORNIA SUPERIOR COURT NFIB FILED A MOTION TO INTERVENE IN MORNING STAR V. CALIFORNIA AIR RESOURCE BOARD, CHALLENGING CALIFORNIA'S "CAP AND TRADE" AUCTION REGULATION (AB 32). NFIB ARGUED THAT THE CALIFORNIA AIR RESOURCES BOARD'S CAUTION REGULATIONS ARE ILLEGAL AND THAT THE AUCTIONING OF REVENUES IS AN UNCONSTITUTIONAL TAX. STATUS: DECIDED. MOTION FILED 7/3/13. NFIB'S MOTION TO INTERVENE WAS DENIED ON 7/23/13. MORRICAL V. ROGERS - LEGAL REFORM CALIFORNIA SUPREME COURT - PETITION FOR REVIEW THE CALIFORNIA SUPREME COURT IS BEING ASKED TO REVIEW AN INTERMEDIATE APPELLATE COURT DECISION THAT MAKES IT EASIER FOR A DISGRUNTLED SHAREHOLDER IN A CLOSED CORPORATION TO CHALLENGE THE ELECTION PROCEEDINGS OF THE BOARD OF DIRECTORS. STATUS: DECIDED. LETTER BRIEF IN SUPPORT OF REVIEW FILED 12/18/13. COURT DENIED REVIEW. MULHALL V. UNITE HERE - UNION ORGANIZING U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT -VICTORY! U.S. SUPREME COURT THE APPELLATE COURT RULED IN FAVOR OF THE EMPLOYEE THAT 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. THE DECISION CREATED A CIRCUIT SPLIT, AND THE SUPREME COURT AGREED TO HEAR THE MATTER. STATUS: DECIDED. AMICUS BRIEF IN SUPPORT OF MULHALL FILED 3/28/11. CIRCUIT COURT RULED IN FAVOR OF MULHALL ON 1/19/12. AMICUS BRIEF FILED IN SUPREME COURT 9/27/13. COURT DISMISSED MATTER. 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 CHALLENGING IS VALID. IF UPHELD, THIS RESULT WILL MAKE IT MUCH MORE DIFFICULT TO BRING FACIAL CHALLENGES TO ANY REGULATION. STATUS: DECIDED. AMICUS BRIEF FILED 4/11/11. COURT RULED IN FAVOR OF ARMY CORPS. NEIMAN MARCUS GROUP AND LOCAL 1102 - MICRO UNION CHALLENGE NATIONAL LABOR RELATIONS BOARD THE NLRB GRANTED REVIEW OF THE REGIONAL DIRECTOR'S DECISION IN NEIMAN MARCUS GROUP, INC. D/B/A BERGDORF GOODMAN. THE REGIONAL DIRECTOR RELIED ON THE MICRO UNION STANDARD ESTABLISHED IN SPECIALTY HEALTHCARE IN FINDING AN APPROPRIATE UNIT THAT WAS COMPOSED OF ONLY SALES ASSOCIATES IN THE WOMEN'S SHOE DEPARTMENT. STATUS: PENDING. NFIB FILED AMICUS BRIEF ON 6/13/12. NELSON V. SO. CALIF. GAS CO. - EMPLOYMENT & LABOR CALIFORNIA SUPREME COURT THE COURT HAS BEEN ASKED TO DECIDE WHETHER A TRIAL COURT'S DETERMINATION THAT A CLASS CLAIM DOES NOT EXIST UNDER STATE WAGE AND HOUR LAW ALSO MEANS THAT A CLASS CLAIM IS DEFEATED FOR PURPOSES OF THE STATE'S PRIVATE ATTORNEY GENERAL ACT OR WHETHER A SEPARATE ANALYSIS MUST BE UNDERTAKEN. STATUS: PENDING. AMICUS BRIEF FILED 7/7/13. NESTLE DREYER V. NLRB - MICRO UNION CHALLENGE U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT ON DECEMBER 28, 2011, THE NLRB UPHELD A REGIONAL DIRECTOR'S UNIT DETERMINATION OF MAINTENANCE EMPLOYEES AT NESTLE DREYER'S ICE CREAM PLANT. THE REGIONAL DIRECTOR'S DECISION WAS BASED ON THE MICRO-UNION STANDARD FROM SPECIALTY HEALTHCARE. NESTLE-DREYER LOST THE ELECTION AND REFUSED TO BARGAIN. ON MAY 18, THE BOARD ISSUED A DECISION FINDING THE COMPANY COMMITTED A ULP BY DOING SO. NESTLE DRYER HAS APPEALED THE ULP DECISION TO THE U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT CHALLENGING THE MICRO UNION STANDARD. STATUS: PENDING. NFIB FILED AMICUS BRIEF ON 7/11/12. NLRB V. NOEL CANNING - LABOR - EXECUTIVE POWERS U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT U.S. SUPREME COURT NOEL CANNING HAS CHALLENGED AN NLRB DECISION REQUIRING EMPLOYER TO NEGOTIATE IN GOOD FAITH. IN DOING SO, THE COURT HAS BEEN ASKED TO INVALIDATE THE BOARD'S RECESS APPOINTMENTS. NFIB FILED IN SUPPORT OF NOEL CANNING'S ARGUMENTS CHALLENGING PRESIDENT OBAMA'S THREE RECESS APPOINTMENTS TO THE NLRB IN JANUARY 2012. STATUS: PENDING. MOTION TO INTERVENE FILED BY CDW ON 3/15/12. BRIEFING CONCLUDED 12/11/12. CIRCUIT COURT RULED APPOINTMENTS UNCONSTITUTIONAL ON 1/25/13. SUPREME COURT ACCEPTED CASE FOR REVIEW ON 6/24/13. AMICUS BRIEF FILED 11/25/13. ORAL ARGUMENT SET FOR 1/13/14. PASCO COUNTY V. HILLCREST PROPERTY, LLP U.S. COURT OF APPEALS FOR THE 11TH CIRCUIT HILLCREST PROPERTY CHALLENGES A COUNTY ORDINANCE REQUIRING LANDOWNERS TO DEDICATE PROPERTY TO THE PUBLIC FOR PLANNED FUTURE HIGHWAYS. THE CONDITION IS IMPOSED AS A TERM OF APPROVAL FOR ANY NEW DEVELOPMENT PROJECT WHEN THE OWNER HOLDS LAND IN THE FOOTPRINT OF A PLANNED FUTURE HIGHWAY. NFIB LEGAL CENTER JOINED WITH PACIFIC LEGAL FOUNDATION IN ARGUING THAT THIS CONDITION IS UNCONSTITUTIONAL. STATUS: PENDING. AMICUS BRIEF FILED 8/26/13 CHRISTOPHER PEAT V. FORDHAM HILL OWNERS CORP - LEGAL REFORM NEW YORK APPELLATE DIVISION - MOTION FOR RECONSIDERATION ON OCTOBER 31, 2013, THE APPELLATE DIVISION FIRST DEPARTMENT AFFIRMED A PAIN AND SUFFERING AWARD OF $16 MILLION. PREVIOUSLY, FAR MORE SERIOUS INJURIES HAD BEEN AWARDED $12 MILLION AWARDS FOR COMPARABLE INJURIES HAVE BEEN FAR LESS THAT THE AWARD IN PEAT. MOTION FOR RECONSIDERATION REQUESTED IN DECEMBER, 2013. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF RECONSIDERATION 12/19/13. POUNDERS V. ENSERCH E&C - LEGAL REFORM ARIZONA SUPREME COURT - VICTORY! THE CASE INVOLVES CHOICE-OF-LAW AND APPLICATION OF NEW MEXICO'S STATUTE OF REPOSE FOR ASBESTOS CLAIMS ARISING FROM IMPROVEMENTS TO REAL PROPERTY. THE PLAINTIFF WAS EXPOSED TO ASBESTOS AT VARIOUS TIMES (1969-1974 AND 1977-1983) WHILE WORKING AS A WELDER IN NEW MEXICO. OVER TWO DECADES LATER, PLAINTIFF FILED A PERSONAL INJURY SUIT IN ARIZONA. THE ARIZONA COURT OF APPEALS HELD THAT NEW MEXICO LAW GOVERNED BECAUSE PLAINTIFF'S "INJURY" TOOK PLACE IN NEW MEXICO AND NEW MEXICO HAS A MORE SUBSTANTIAL INTEREST IN HAVING ITS LAW APPLIED. IF ARIZONA LAW WERE FOUND TO APPLY, THE CLAIM COULD PROCEED BECAUSE ARIZONA'S STATUTE OF REPOSE ONLY APPLIES TO CONTRACT CLAIMS; IT DOES NOT APPLY TO PERSONAL INJURY OR WRONGFUL DEATH CLAIMS. STATUS: DECIDED. AMICUS BRIEF FILED 10/26/12. COURT RULED IN FAVOR OF THE DEFENDANT 8/21/13. |
| FORM 990, PART III, LINE 4a | RIGGS V. GEORGIA PACIFIC - ASBESTOS REFORM UTAH SUPREME COURT VICTORY! THE CASE INVOLVES INTERPRETATION OF UTAH'S 1986 LIABILITY REFORM ACT (LRA), WHICH ABOLISHED JOINT LIABILITY. THE LRA APPLIES PROSPECTIVELY, AND PLAINTIFF IS ARGUING SHE WAS "INJURED" WHEN SHE WAS EXPOSED TO ASBESTOS LONG AGO RATHER THAN WHEN SHE WAS DIAGNOSED WITH MESOTHELIOMA IN 2007. APPLICATION OF THE ACT TO POST-1986 EXPOSURES RATHER THAN POST-1986 DIAGNOSIS IS EXTREMELY SIGNIFICANT. SINCE PROBABLY EVERY UTAH ASBESTOS CASE INVOLVES PRE-1986 EXPOSURES, PLAINTIFF'S THEORY WOULD RESULT IN FULL JOINT LIABILITY BEING APPLIED EVERY TIME. THIS WOULD NOT ONLY NULLIFY THE LAW IN ALL UTAH ASBESTOS CASES BUT ALSO RESULT IN FULL JOINT LIABILITY BEING APPLIED IN ANY OTHER TOXIC TORT CASE INVOLVING A PRODUCT WITH A LONG LATENCY PERIOD. STATUS: DECIDED. AMICUS BRIEF FILED 2/24/12. COURT RULED IN FAVOR OF GEORGIA PACIFIC 4/5/13. ROBINSON TOWNSHIP V. COMMONWEALTH OF PENNSYLVANIA - DEFENSE OF ACT 13 PENNSYLVANIA SUPREME COURT ACT 13 WOULD MAKE IT EASIER FOR THE OIL AND GAS INDUSTRY TO NAVIGATE LOCAL ZONING LAWS AND RESTRICTS MUNICIPALITIES FROM INTERFERING WITH DEVELOPMENT OF OIL AND GAS RESOURCES. NFIB SUPPORTS ENVIRONMENTALLY SOUND EXPLORATION AND DEVELOPMENT OF NATURAL GAS RESOURCES AND SUPPORTED ACT 13. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF COMMONWEALTH 9/4/12. COURT RULED ACT 13 WAS UNCONSTITUTIONAL. 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 OWNERS PRIVATE PROPERTY RIGHTS. STATUS: PENDING. AMICUS BRIEF FILED ON 1/7/11. SACKETT V. EPA - REGULATORY TAKING U.S. SUPREME COURT - CERT PETITION AND MERITS BRIEF - VICTORY! 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: DECIDED. NFIB AMICUS BRIEF FILED ON 3/25/11. COURT ACCEPTED REVIEW AND MERITS BRIEF FILED ON 9/30/11. COURT RULED IN FAVOR OF SACKETT. 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 CALIFORNIA COURT OF APPEAL 4TH APPELLATE DISTRICT (REMANDED) THE CALIFORNIA SUPREME COURT GRANTED SEE'S CANDY'S PETITION FOR REVIEW ON THE QUESTION OF WHETHER TIME ROUNDING POLICIES ARE LEGAL UNDER CALIFORNIA LAW. THE ISSUE WAS REMANDED TO THE COURT OF APPEAL WHERE NFIB SMALL BUSINESS LEGAL CENTER FILED AN AMICUS ARGUING THAT CALIFORNIA LAW COMPORTS WITH FEDERAL REGULATIONS ALLOWING TIME ROUNDING. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF THE EMPLOYER ON 4/10/12. COURT RULED IN FAVOR OF PLAINTIFFS. 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 TEN 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. SPIRIT AIRLINES V. DEPT. OF TRANSPORTATION - REGULATORY AND FIRST AMENDMENT U.S. SUPREME COURT - CERT PETITION IN 2012, U.S. DEPARTMENT OF TRANSPORTATION ISSUED A REGULATION THAT REQUIRES AIRLINES TO LIST THE TOTAL FEE FOR A TICKET (INCLUDING TAXES) IN ON-LINE AND PRINT ADVERTISING. THE RULE ESSENTIALLY PROHIBITS AIRLINES FROM HIGHLIGHTING OR CRITICIZING MANDATORILY-IMPOSED TAXES. STATUS: DECIDED. AMICUS BRIEF FILED 12/27/12. COURT DENIED REVIEW. STEARNS V. ARIZONA DEPARTMENT OF REVENUE - TAX ARIZONA SUPREME COURT - PETITION FOR CERT PETITIONERS HAVE ASKED THE COURT TO OVERRULE A COURT OF APPEALS' DECISION THAT SANCTIONED A VIOLATION OF THE TBOR BY ALLOWING THE DEPARTMENT OF REVENUE TO CHANGE ITS MIND ON INTERPRETATION OF TAXATION AND THEN APPLY IT RETROACTIVELY TO THE DETRIMENT OF TAXPAYERS WHO WERE FOLLOWING DIFFERENT RULES IN THE EARLIER TIME. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF SIMILARLY SITUATED TAXPAYERS 4/12/13. TAYLOR V. EASTERN CONNECTION OPERATING, INC. - WAGE & HOUR SUPREME JUDICIAL COURT OF MASSACHUSETTS THIS CASE ISSUE INVOLVES THE POTENTIAL EXTRATERRITORIAL APPLICATION OF THE MASSACHUSETTS WAGE ACT. THREE INDEPENDENT CONTRACTORS WHO RESIDE AND WORK IN NEW YORK SUED EASTERN CONNECTION IN MASSACHUSETTS. PLAINTIFFS SOUGHT TO PROSECUTE CLAIMS UNDER THE MASSACHUSETTS INDEPENDENT CONTRACTOR STATUTE, THE MINIMUM WAGE ACT, AND THE MINIMUM OVERTIME LAW. THE SUPERIOR COURT GRANTED EASTERN CONNECTION'S RULE 12(B) MOTION TO DISMISS ON THE GROUNDS THAT NEW YORK, RATHER THAN MASSACHUSETTS LAW APPLIES, BECAUSE "NONE OF THE PLAINTIFFS HAVE ANY CONTACT WITH MASSACHUSETTS OTHER THAN THROUGH THEIR EMPLOYMENT BY THE DEFENDANT." PLAINTIFFS APPEALED THE DISMISSAL, AND THE SJC HAS TAKEN THE APPEAL. STATUS: DECIDED. AMICUS BRIEF FILED 11/30/12. ORAL ARGUMENT SET FOR 1/8/13. COURT RULED IN FAVOR OF PLAINTIFF ON 5/17/13. TINCHER V. OMEGA FLEX - LEGAL REFORM PENNSYLVANIA SUPREME COURT THE COURT WILL DECIDE WHETHER IT SHOULD REPLACE THE STRICT LIABILITY ANALYSIS OF SECTION 402A OF THE SECOND RESTATEMENT WITH THE THIRD RESTATEMENT, A PREFERABLE STANDARD FOR DEFENDANTS INVOLVED IN PRODUCT LIABILITY CASES. THE COURT WILL ALSO DECIDE, IF THEY ADOPT THE THIRD RESTATEMENT, WHETHER THE HOLDING SHOULD BE APPLIED PROSPECTIVELY ONLY. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT 6/5/13. UNITED AIRLINES V. EEOC - ADA ACCOMMODATION REQUIREMENTS EXAMINED U.S. SUPREME COURT - CERT PETITION SUPREME COURT HAS BEEN ASKED TO REVIEW THE SEVENTH CIRCUIT'S DECISION THAT THE ADA REQUIRES EMPLOYERS TO TRANSFER MINIMALLY-QUALIFIED EMPLOYEES WITH DISABILITIES OVER SUPERIOR APPLICANTS WITH NO DISABILITIES. STATUS: DECIDED. AMICUS BRIEF FILED 1/7/13. COURT DENIED REVIEW. UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER V. NASSAR - EMPLOYMENT DISCRIMINATION U.S. SUPREME COURT VICTORY! NFIB FILED A BRIEF SUPPORTING THE UNIVERSITY OF TEXAS IN A RETALIATION CLAIM. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 PROHIBITS AN EMPLOYER FROM DISCRIMINATING AGAINST AN EMPLOYEE "BECAUSE [THE EMPLOYEE] HAS OPPOSED AN EMPLOYMENT PRACTICE MADE UNLAWFUL" BY TITLE VII OR "HAS MADE A CHARGE, TESTIFIED, ASSISTED, OR PARTICIPATED IN ANY MANNER IN AN INVESTIGATION, PROCEEDING, OR HEARING" UNDER TITLE VII. IN THIS CASE, THE COURT WILL DECIDE WHETHER AN EMPLOYEE ALLEGING RETALIATION IN VIOLATION OF TITLE VII SATISFIES THE BURDEN OF PROOF BY ESTABLISHING THAT RETALIATI |
| 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 RETURN IS REVIEWED BY THE CHAIR OF THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS. THE FINAL RETURN IS THEN FILED WITH THE INTERNAL REVENUE SERVICE. |
| 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. |
| 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 SVP OF THE ORGANIZATION. THE TREASURER'S AND EXECUTIVE DIRECTOR'S COMPENSATION IS REVIEWED AND SET BY THE CEO. IN NOVEMBER 2013, 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 2013-2014 RESULTS ALONG WITH AN IRC 4958 OPINION LETTER WERE PROVIDED TO THE CHAIRMAN OF THE BOARD FOR THE EXECUTIVE COMMITTEE AT THE FEBRUARY 2014 MEETING. THE COMMITTEE RELIES ON THIS INDEPENDENT REVIEW TO ENSURE THAT REASONABLE COMPENSATION IS PAID TO THE CEO, CFO, SECRETARY AND SVP. 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 SVP EACH YEAR DURING THEIR MEETING WHICH IS TYPICALLY HELD IN 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. |
| PART VI, SECTION C: DISCLOSURE, 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. |
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