Attach to Form 990 or Form 990-EZ.
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 (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
| (A)
NFIB INC |
940707299 | 9 | Yes | 0 | 0 | |
| Total 1 | 0 | 0 | ||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (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) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (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 VI.).. | ||||||
| 11 | Total support. Add lines 7 through 10. | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (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) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (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 VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
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| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
|||||
| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 1-1/2% of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by .035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | ||
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
||
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | ||
| 4 Amounts paid to acquire exempt-use assets | ||
| 5 Qualified set-aside amounts (prior IRS approval required) | ||
| 6 Other distributions (describe in Part VI). See instructions | ||
| 7Total annual distributions. Add lines 1 through 6. | ||
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
||
| 9 Distributable amount for 2015 from Section C, line 6 | ||
| 10 Line 8 amount divided by Line 9 amount | ||
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2015 |
(iii) Distributable Amount for 2015 |
|
|---|---|---|---|---|
|
1
Distributable amount for 2015 from Section C, line 6 |
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|
2
Underdistributions, if any, for years prior to 2015 (reasonable cause required--see instructions) |
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| 3 Excess distributions carryover, if any, to 2015: | ||||
| a | ||||
| b | ||||
| c | ||||
| d From 2013....... | ||||
| e From 2014....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2015 distributable amount | ||||
|
i
Carryover from 2010 not applied (see instructions) |
||||
| j Remainder. Subtract lines 3g, 3h, and 3i from 3f. | ||||
| 4Distributions for 2015 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2015 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from 4. | ||||
|
5
Remaining underdistributions for years prior to 2015, if any. Subtract lines 3g and 4a from line 2 (if amount greater than zero, see instructions) |
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|
6
Remaining underdistributions for 2015. Subtract lines 3h and 4b from line 1 (if amount greater than zero, see instructions) |
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|
7 Excess distributions carryover to 2016. Add lines 3j and 4c. |
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| 8 Breakdown of line 7: | ||||
| a | ||||
| b | ||||
| c Excess from 2013....... | ||||
| d From 2014....... | ||||
| e From 2015....... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|---|
| PART I, LINE 11G(A)(VI): | NFIB SMALL BUSINESS LEGAL CENTER PROVIDES A VOICE FOR SMALL BUSINESS IN THE NATION'S COURTS AND THE LEGAL RESOURCE FOR SMALL BUSINESS OWNERS NATIONWIDE. BY SUPPORTING SMALL BUSINESS IN THE NATION'S COURT AND LEGAL SYSTEM, NFIB SMALL BUSINESS LEGAL CENTER PROVIDES VALUABLE ASSISTANCE TO THE INDIVIDUALS FOR WHICH NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. IS SERVING. PART IV, LINE 3B: WITH THE ASSISTANCE OF KPMG, LLP, NFIB SMALL BUSINESS LEGAL CENTER ANNUALLY COMPLETES A PRO-FORMA SCHEDULE A UTILIZING THE FINANCIAL DATA OF NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC ("NFIB") IN ORDER TO CONFIRM THAT NFIB MEETS THE PUBLIC SUPPORT TEST UNDER IRC SEC. 509(A)(2). IN ADDITION, NFIB SMALL BUSINESS LEGAL CENTER CONFIRMS WITH NFIB THAT IT MAINTAINS A VALID 501(C)(6) DETERMINATION LETTER. |
| PART IV, LINE 3C: | DURING 2015, NFIB SMALL BUSINESS LEGAL CENTER DID NOT PROVIDE ANY MONETARY SUPPORT TO NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. THEREFORE, NO STEPS WERE NECESSARY TO ENSURE THAT ALL SUPPORT WAS USED FOR SECTION 170(C)(2)(B) PURPOSES. |
| 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 |
|---|---|
| VOLUNTEERS | FORM 990, PART I, LINE 6 IN 2015, THE NFIB SMALL BUSINESS LEGAL CENTER USED THE SERVICES OF 16 VOLUNTEERS. THE LEGAL CENTER HAS A 15-MEMBER ADVISORY BOARD CONSISTING OF PRO BONO ATTORNEYS AND SUBJECT-MATTER EXPERTS WHO ADVISE THE LEGAL CENTER OF WHICH CASES TO GET INVOLVED IN HELPING SMALL BUSINESSES. THE LEGAL CENTER ALSO HAD ONE PRO BONO ATTORNEY WRITE A LEGAL BRIEF FOR THE CENTER. |
| SUMMARY OF LEGAL CASES FOR 2015 | ABC TEXAS AND NFIB V. NLRB - LABOR U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB JOINED WITH THE ASSOCIATED BUILDERS & CONTRACTORS TEXAS IN CHALLENGING THE ACCELERATED UNION ELECTION RULES ISSUED BY THE NLRB. STATUS: PENDING. COMPLAINT FILED 1/13/15. DISTRICT COURT UPHELD THE RULES ON 6/1/15. NOTICE OF APPEAL FILED ON 6/3/15. OPENING BRIEF ON APPEAL FILED ON 8/11/15. AMERICAN FARM BUREAU FEDERATION V. EPA REGULATORY REFORM U.S. COURT OF APPEALS FOR THE EIGHTH CIRCUIT IN THIS CASE, THE AMERICAN FARM BUREAU FEDERATION AND NATIONAL PORK PRODUCERS COUNCIL CHALLENGE THE DISCLOSURE OF SENSITIVE INFORMATION ABOUT FARMERS AND RANCHERS. EPA PROPOSES TO RELEASE INFORMATION DOCUMENTING THE HOME ADDRESSES, TELEPHONE NUMBERS, EMAIL ADDRESSES, GPS COORDINATES, AND OTHER INFORMATION ABOUT FARMS AND RANCHES THROUGHOUT THE COUNTRY. THIS PROPOSED DISCLOSURE WAS IN RESPONSE TO A FREEDOM OF INFORMATION ACT REQUEST FROM ENVIRONMENTAL ACTIVISTS. NFIB SMALL BUSINESS LEGAL CENTER FILED AN AMICUS BRIEF ARGUING THAT INDIVIDUALS RETAIN THEIR FEDERALLY PROTECTED PRIVACY RIGHTS, EVEN WHEN ENGAGED IN COMMERCIAL ACTIVITIES. ACCORDINGLY, NFIB SMALL BUSINESS LEGAL CENTER ARGUES THAT SMALL BUSINESS OWNERS ARE ENTITLED TO CHALLENGE THE DISCLOSURE OF INFORMATION ABOUT THEIR BUSINESS BECAUSE SUCH INFORMATION COMMONLY REVEALS PERSONAL INFORMATION ABOUT THE OWNERS. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF AFBF ON 5/1/15. AMERICAN FARM BUREAU V. U.S. EPA PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION THE COURT HAS BEEN ASKED TO ONCE AGAIN REVIEW THE SCOPE OF EPAS POWER UNDER THE CLEAN WATER ACT. HERE THE POWER EPA HAS ASSERTED IN THE CHESAPEAKE BAY WATERSHED, UNDER THE GUISE OF A "TOTAL MAXIMUM DAILY LOAD", GIVES IT THE POWER TO RESTRICT THE USE OF LANDS FOR FARMING, HARVESTING TREES, BUILDING HOMES, OR COMMERCIAL DEVELOPMENT-REGARDLESS OF ECONOMIC IMPACT, REGARDLESS OF ANY PROXIMITY TO "WATERS OF THE U.S.", AND REGARDLESS OF THE VIEWS AND PREFERENCES OF STATE AND LOCAL GOVERNMENTS. IT AMOUNTS TO FEDERAL SUPER-ZONING AUTHORITY. ITS ALSO FAR BEYOND EPAS STATUTORY AUTHORITY, AND THE LEVEL OF DEFERENCE THE LOWER COURTS HAVE SHOWN TO EPA IS UNPRECEDENTED. STATUS: DECIDED. BRIEF FILED 12/9/15. PETITION DENIED 3/1/16. ARRIGONI V. TOWN OF DURHAM PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION IN 1985 THE U.S. SUPREME COURT HELD THAT A PROPERTY OWNER MAY NOT INITIATE AN INVERSE CONDEMNATION CLAIM SEEKING JUST COMPENSATION FOR THE TAKING OF PROPERTY AGAINST STATE OR LOCAL GOVERNMENT UNLESS THE OWNER HAS FIRST PURSUED STATE REMEDIES BY SUING FOR JUST COMPENSATION IN STATE COURT. BUT OVER THE PAST 30 YEARS ITS BECOME CLEAR THAT THIS AMOUNTS TO AN EFFECTIVE BAR ON BRINGING TAKINGS CLAIMS IN FEDERAL COURT. ACCORDINGLY, NFIB SMALL BUSINESS LEGAL CENTER IS ASKING THE SUPREME COURT TO TAKE THIS CASE IN ORDER TO RECONSIDER ITS INITIAL DECISION IN WILLIAMSON COUNTY REGIONAL PLANNING COMMISSION V. HAMILTON BANK. STATUS: PENDING. AMICUS BRIEF FILED ON 12/18/15. ASSOCIATED BUILDERS & CONTRACTORS V. CITY OF LANSING LABOR MICHIGAN SUPREME COURT IN THIS CASE, PLAINTIFF CHALLENGES A CITY OF LANSING ORDINANCE REQUIRING CITY CONTRACTORS TO PAY PREVAILING WAGES TO EMPLOYEES. ABC CONTENDS THAT THE ORDINANCE VIOLATES THE MICHIGAN CONSTITUTION, AS THE MICHIGAN SUPREME COURT STRUCK DOWN AN IDENTICAL ORDINANCE, FROM THE CITY OF DETROIT, IN 1923. HERE THE LOWER COURT RULED THAT THE LANSING ORDINANCE IS UNCONSTITUTIONAL, AND THAT THE 1923 DECISION REMAINS BINDING. BUT, THE COURT OF APPEAL REVERSED. AS SUCH, NFIB SMALL BUSINESS LEGAL CENTER URGED THE MICHIGAN SUPREME COURT TO AFFIRM ITS 1923 DECISION, AND EMPHASIZED THE DOCTRINE OF STARE DECISIS. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF ABC ON 3/30/15. BAKER DC V. NLRB LABOR U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BAKER DC, LLC, A CONSTRUCTION COMPANY, WAS ONE OF THE FIRST EMPLOYERS TO FACE AN ELECTION PETITION UNDER THE 'NEW' AMBUSH ELECTION RULES. THE COMPANY FILED FOR A TEMPORARY RESTRAINING ORDER (TRO) TO PREVENT THE ELECTION FROM MOVING FORWARD UNDER THE NEW RULES. AS A MEMBER OF THE COALITION FOR A DEMOCRATIC WORKPLACE (CDW), NFIB SMALL BUSINESS LEGAL CENTER JOINED AN AMICUS BRIEF IN SUPPORT OF BAKERS TRO. STATUS: DECIDED. AMICUS BRIEF FILED 4/21/15. TRO DENIED. BCI COCA-COLA OF LOS ANGELES V. JOSUE - EMPLOYMENT HAWAII FIRST CIRCUIT COURT NFIB SMALL BUSINESS LEGAL CENTER FILED AN AMICUS BRIEF EXPLAINING THE PRACTICAL DIFFICULTIES THAT WOULD BE IMPOSED ON EMPLOYERS IF THE COURTS SHOULD ACCEPT THE DEPARTMENT OF LABORS INTERPRETATION OF A STATUTE SO AS TO REQUIRE EMPLOYERS TO RETURN AN EMPLOYEE TO THE SAME POSITION HE OR SHE HELD BEFORE AN INJURY WITHOUT REGARD TO HOW LONG THE EMPLOYEE HAS BEEN OUT OF COMMISSION. NFIB SMALL BUSINESS LEGAL CENTER ARGUED THAT THE EMPLOYER SHOULD ONLY BE REQUIRED TO MAKE REASONABLE ACCOMMODATIONS. STATUS: PENDING. AMICUS BRIEF FILED 07/02/14; SECOND BRIEF FILED 4/6/15. BETTIE PAGE CLOTHING V. NLRB LABOR U.S. COURT OF APPEALS FOR THE D.C. 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 SUPERVISORS CONDUCT AND OTHER WORK-RELATED CONCERNS, REJECTING THE EMPLOYERS CLAIM IT WAS TRICKED INTO FIRING THE WORKERS. POST-NOEL CANNING, THE CASE REVIEW WAS TRANSFERRED FROM THE NINTH CIRCUIT TO THE D.C CIRCUIT. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 2/25/15. BRIDGESTONE RETAIL OPERATIONS LLC V. BROWN - LABOR AND EMPLOYMENT U.S. SUPREME COURT CERT PETITION THE FEDERAL ARBITRATION ACT WAS ENACTED BY CONGRESS IN ORDER TO ENSURE THAT BUSINESS OWNERS CAN RESOLVE DISPUTES THROUGH BINDING ARBITRATION AGREEMENTS. BUT THE CALIFORNIA SUPREME COURT HOLDS THAT ARBITRATION AGREEMENTS CANNOT INHIBIT AN EMPLOYEE FROM BRINGING A LAWSUIT UNDER THE STATES PRIVATE ATTORNEY GENERAL ACT. WE ARE ASKING THE U.S. SUPREME COURT TO REVIEW BECAUSE WE ARE CONCERNED THIS RULE ENABLES STATES TO CIRCUMVENT THE FAA. STATUS: DECIDED. AMICUS BRIEF FILED 3/26/15. PETITION DENIED 6/1/15. CALIFORNIA BUILDING INDUSTRY ASSOCIATION V. SAN JOSE PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION PLAINTIFFS ARE CHALLENGING SAN JOSES RULES FORCING DEVELOPERS TO SET ASIDE A NUMBER OF UNITS AT BELOW MARKET RATES BECAUSE THIS LIKEWISE FORCES LANDOWNERS TO DEDICATE PROPERTY TO A PUBLIC USE. THE CITY OFFERS NO COMPENSATION FOR THESE DEVELOPERS. STATUS: DECIDED. AMICUS BRIEF FILED 10/19/15. PETITION DENIED 3/1/16. CITY OF DALLAS V. HIGHWAY 205 FARMS PROPERTY RIGHTS U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT EMINENT DOMAIN PROCEEDINGS IN TEXAS ARE INITIATED UPON FILING A CONDEMNATION PETITION IN COURT. THIS CASE ASKS WHAT HAPPENS WHEN THE CONDEMNING AUTHORITY FAILS TO PROSECUTE THEIR CASE AFTER INITIATING EMINENT DOMAIN PROCEEDINGS-WHERE THE PROCESS STALLS DURING THE "ADMINISTRATIVE" PORTION OF THE CASE, SUCH THAT THE SPECIAL COMMISSIONERS NEVER SUBMIT A REPORT FROM WHICH THE LANDOWNER CAN APPEAL. NFIBS LEGAL CENTER BRIEF ARGUES THAT THERE MUST BE SOME OPPORTUNITY FOR A LANDOWNER TO LIFT A CLOUD ON THE TITLE OF HIS PROPERTY ONCE EMINENT DOMAIN PROCEEDINGS HAVE BEGUN, AND THAT THE LANDOWNER SHOULD BE ENABLED TO SEEK A DISMISSAL FOR WANT OF PROSECUTION IF THE CONDEMNING AUTHORITY UNREASONABLY FAILS TO MOVE THE PROCEEDINGS FORWARD. STATUS: PENDING. AMICUS BRIEF FILED 2/10/15. CHAMBER OF COMMERCE V. ENVIRONMENTAL PROTECTION AGENCY ENVIRONMENTAL/REGULATORY U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH THE U.S. CHAMBER OF COMMERCE TO BLOCK THE EPA AND THE ARMY CORPS OF ENGINEERS FROM ENFORCING A CONTROVERSIAL NEW RULE THAT WOULD REGULATE EVERY TRICKLE OF WATER IN AMERICA-NO MATTER HOW SMALL-AS PART OF A REGULATORY POWER GRAB THAT COULD DESTROY HOMETOWN BUSINESSES AND LOCAL ECONOMIC DEVELOPMENT. EPA EARLIER IN 2015 FINALIZED REGULATIONS, RECENTLY APPROVED BY THE WHITE HOUSE, WHICH GREATLY EXPAND FEDERAL AUTHORITY OVER PRIVATE PROPERTY UNDER THE CLEAN WATER ACT. THE EPA SAYS THAT THE RULE IS NECESSARY TO PROTECT LOCAL DRINKING WATER. THE WATERS THAT EPA NOW SEEKS TO REGULATE ARE ALREADY HEAVILY REGULATED AT THE STATE AND LOCAL LEVELS. STATUS: PENDING. COMPLAINT FILED 7/10/15. CONDON V. ADVANCE THERMAL HYDRONICS LEGAL REFORM NEW JERSEY SUPREME COURT THE CASE CONCERNS WHETHER DEFENDANTS AT TRIAL CAN TRY TO ALLOCATE FAULT TO SETTLED DEFENDANTS IN THE CASE, OR WHETHER THE PLAINTIFF MAY RECEIVE NEARLY A FULL RECOVERY FROM SETTLED DEFENDANTS AND THEN RECEIVE AN ADDITIONAL, COMPLETE RECOVERY FROM ANY JUDGMENT DEFENDANT. UNDER THE OTHER SIDES APPROACH, A PLAINTIFF WOULD ESSENTIALLY RECEIVE A DOUBLE RECOVERY IN THE TORT SYSTEM. STATUS: PENDING. AMICUS BRIEF FILED 11/24/15. |
| SUMMARY OF LEGAL CASES FOR 2015 (CONT.) | CONSTELLATION BRANDS V. NATIONAL LABOR RELATIONS BOARD LABOR U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT THE LEGAL CENTER JOINED AN AMICUS BRIEF CHALLENGING THE NATIONAL LABOR RELATIONS BOARDS APPLICATION OF ITS SPECIALTY HEALTHCARE RULE TO CREATE A "MICROUNION" COMPOSED OF A SUBSET OF EMPLOYEES FOR COLLECTIVE BARGAINING PURPOSES. THE BOARDS DISRUPTIVE APPLICATION OF THE SPECIALTY HEALTHCARE RULE IS CURRENTLY BEING LITIGATED IN OTHER CASES. STATUS: PENDING. AMICUS BRIEF FILED 12/17/15. COOPER V. TAKEDA PHARMACEUTICALS LEGAL REFORM CALIFORNIA SUPREME COURT PETITION FOR REVIEW THE STATES HIGHEST COURT IS BEING ASKED TO DETERMINE HOW DAUBERT IS TO BE APPLIED IN CALIFORNIA COURTS FOLLOWING THE CALIFORNIA SUPREME COURTS ADOPTION OF DAUBERT A FEW YEARS AGO IN THE SARGON CASE. TAKEDA SUCCEEDED AT THE TRIAL COURT IN GETTING PLAINTIFFS SPECIFIC CAUSATION EXPERT EXCLUDED, BUT THE CALIFORNIA COURT OF APPEALS REVERSED. TAKEDA IS NOW SEEKING REVIEW FROM THE CALIFORNIA SUPREME COURT. STATUS: PENDING. LETTER BRIEF IN SUPPORT OF PETITION FOR REVIEW FILED 10/15/15. COOPERATIVE HOME CARE V. CITY OF ST. LOUIS EMPLOYMENT/MINIMUM WAGE CIRCUIT COURT FOR CITY OF ST. LOUIS MISSOURI SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED A CONSORTIUM OF GROUPS SUED LAST MONTH IN AN ATTEMPT TO STOP THE CITY FROM INSTITUTING AN $11 MINIMUM WAGE BY 2018. THE SUIT ALLEGED THE ACTION CONFLICTED WITH CURRENT STATE LAW. A CIRCUIT JUDGE STRUCK DOWN THE CITYS MINIMUM WAGE LAW IN OCTOBER JUST HOURS BEFORE IT WAS SET TO GO INTO FORCE. THE CIRCUIT COURT DECLARED THE CITYS LAW VOID AND IN VIOLATION OF STATE LAW THAT SETS THE MINIMUM WAGE AT $7.65. THE CITY APPEALED. STATUS: PENDING. COMPLAINT FILED 9/15/15. CIRCUIT COURT STRUCK DOWN THE NEW WAGE ORDINANCE. CITY APPEALED TO THE STATE SUPREME COURT. CRST V. EEOC LEGAL REFORM U.S. SUPREME COURT CERT PETITION AND MERITS BRIEF IN THIS CASE THE EEOC INITIATED LEGAL ACTION AGAINST A BUSINESS WITHOUT COMPLYING WITH ITS STATUTORY OBLIGATION TO REASONABLY INVESTIGATE THE ALLEGED VIOLATION AND TO CONCILIATE BEFORE FILING SUIT. ACCORDINGLY, THE DEFENDANT COMPANY SUCCEEDED IN OBTAINING AN ORDER DISMISSING THE CASE ON PROCEDURAL GROUNDS. THE ISSUE PRESENTED AT THIS STAGE IS WHETHER THE EEOC SHOULD BE REQUIRED TO PAY ATTORNEYS FEES. NFIB SMALL BUSINESS LEGAL CENTER FILED IN SUPPORT OF THE EMPLOYER, ARGUING THAT ATTORNEYS FEES SHOULD BE AWARDED TO A PREVAILING BUSINESS DEFENDANT REGARDLESS OF WHETHER A CASE IS DISMISSED ON PROCEDURAL GROUNDS OR RESOLVED ON THE MERITS. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF CERT PETITION 6/19/15. AMICUS FILED ON THE MERITS ON 1/26/16. DAGOSTINO V. PATRICK LABOR U.S. COURT OF APPEALS FOR THE FIRST CIRCUIT THIS CASE ASKS WHETHER A STATE MAY COMPEL HOME CARE WORKERS TO JOIN A UNION AGAINST THEIR WILL BY CLASSIFYING THESE WORKERS AS PUBLIC EMPLOYEES. NFIBS LEGAL CENTER AMICUS BRIEF ARGUED THAT, IN LIGHT OF THE SUPREME COURTS DECISION IN HARRIS V. QUINN, THE STATES ATTEMPT TO COMPEL UNIONIZATION IS INAPPROPRIATE BECAUSE HARRIS MAKES CLEAR A STATE CANNOT SIMPLY PRONOUNCE WORKERS "PUBLIC EMPLOYEES." STATUS: DECIDED. AMICUS BRIEF FILED 7/31/15. COURT RULED IN FAVOR OF COMMONWEALTHS UNION SCHEME. DEPARTMENT OF NATURAL RESOURCES V. WHITETAIL BLUFF - REGULATORY INDIANA COURT OF APPEALS INDIANA SUPREME COURT REQUEST FOR REVIEW INDIANA IS HOME TO HUNDREDS OF SMALL BUSINESSES THAT OPERATE DEER AND ELK HUNTING PRESERVES. ACTIVISTS HAVE PRESSURED THE STATE FOR YEARS TO SHUT THEM DOWN. SEVERAL YEARS AGO OFFICIALS FROM THE INDIANA DEPARTMENT OF NATURAL RESOURCES (DNR) PASSED A RULE BANNING THE CLOSED HUNTING PRESERVES. A CIRCUIT COURT RULED IN FAVOR OF NFIB MEMBER RODNEY STONE FINDING THAT DNR OVERSTEPPED ITS AUTHORITY BY TRYING TO CLOSE THE BUSINESSES. NFIB IS SUPPORTING MR. STONE IN THE STATES APPEAL. STATUS: DECIDED. AMICUS BRIEF FILED 8/14/14. COURT RULED IN FAVOR OF MR. STONE AND STATE REQUESTED REVIEW BY SUPREME COURT. NFIB FILED BRIEF OPPOSING REVIEW ON 3/27/15. COURT DENIED REVIEW. EEOC V. ABERCROMBIE & FITCH EMPLOYMENT U.S. SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER FILED A BRIEF IN SUPPORT OF ABERCROMBIE, THE CLOTHING RETAILER, WHO IS ACCUSED OF DISCRIMINATION FOR DECLINING TO HIRE AN APPLICANT THAT CLAIMED IT WAS DUE TO HER WEARING RELIGIOUS GARB. THE PLAINTIFF IS ALLEGING DISCRIMINATION EVEN THOUGH SHE NEVER MADE CLEAR THAT SHE WOULD NEED AN EXEMPTION FROM THE COMPANYS DRESS CODE. STATUS: DECIDED. BRIEF FILED 1/28/15. COURT RULED IN FAVOR OF PLAINTIFF. ENERGY AND ENVIRONMENT LEGAL INSTITUTE V. JOSHUA EPEL REGULATORY REFORM U.S. SUPREME COURT CERT PETITION AT QUESTION IN THE CASE OF ENERGY AND ENVIRONMENT LEGAL INSTITUTE V. JOSHUA EPEL IS WHETHER COLORADO STATE LAW CAN REQUIRE ELECTRICITY GENERATORS TO ENSURE THAT A CERTAIN AMOUNT OF ELECTRICITY THEY SELL TO COLORADO CONSUMERS COMES FROM RENEWABLE SOURCES. THIS BECOMES A PROBLEM BECAUSE COLORADO RESIDENTS RECEIVE THEIR ELECTRICITY FROM A GRID THAT SERVES ELEVEN STATES AND PORTIONS OF CANADA AND MEXICO. EELI, AND NFIB, ARE ARGUING THAT UNDER THE DORMANT COMMERCE CLAUSE THIS IS UNCONSTITUTIONAL. BECAUSE THE CONSTITUTION GIVES THE FEDERAL GOVERNMENT JURISDICTION OVER INTERSTATE COMMERCE, A STATES POWER TO REGULATE IS LIMITED TO CONDUCT OCCURRING WITHIN THE STATE, OR CONDUCT THAT HAS LOCAL EFFECTS. BY IMPOSING SUCH STRINGENT ENERGY REGULATIONS, COLORADO IS CONTROLLING ENERGY SOURCES THAT ARE OUTSIDE OF ITS BORDERS. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 11/16/15. COURT DENIED REVIEW. FRIEDRICHS V. CA TEACHERS ASSOC. LABOR U.S. SUPREME COURT THE COURT HAS BEEN ASKED TO DECIDE WHETHER ABOOD V. DETROIT BD. OF ED. SHOULD BE OVERRULED AND PUBLIC-SECTOR "AGENCY SHOP" ARRANGEMENTS INVALIDATED UNDER THE FIRST AMENDMENT; AND WHETHER IT VIOLATES THE FIRST AMENDMENT TO REQUIRE THAT PUBLIC EMPLOYEES AFFIRMATIVELY OBJECT TO SUBSIDIZING NONCHARGEABLE SPEECH BY PUBLIC-SECTOR UNIONS, RATHER THAN REQUIRING THAT EMPLOYEES AFFIRMATIVELY CONSENT TO SUBSIDIZING SUCH SPEECH. STATUS: DECIDED. A SPLIT 4-4 DECISION SO NINTH CIRCUITS DECISION IN FAVOR OF UNIONS REMAINS. GREEN V. BRENNAN EMPLOYMENT U.S. SUPREME COURT THE UNITED STATES SUPREME COURT WILL DECIDE WHETHER FEDERAL EMPLOYMENT DISCRIMINATION LAW ALLOWS WORKERS TO FILE CONSTRUCTIVE DISCHARGE CLAIMS WELL AFTER THEY HAVE RESIGNED, OR WHETHER THE CLOCK SHOULD START RUNNING WHEN THE ALLEGED ABUSES ARE HAPPENING. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER 10/7/15. HAVER V. BNSF RAILWAY LEGAL REFORM CALIFORNIA SUPREME COURT THE COURT WILL DETERMINE WHETHER TAKE HOME ASBESTOS EXPOSURE CLAIMS ARE BARRED UNDER CALIFORNIA ASBESTOS MEDICAL CRITERIA LAW AND ALSO FAIL UNDER A NEGLIGENCE THEORY BECAUSE NO DUTY IS OWED TO PERSONS EXPOSED OFF-SITE. THE INTERMEDIATE APPELLATE COURT ALLOWED THE CLAIMS TO PROCEED. STATUS: PENDING. AMICUS BRIEF FILED 3/11/15. HILLCREST PROPERTIES V. PASCO COUNTY PROPERTY RIGHTS U.S. SUPREME COURT - CERT PETITION IN THIS CASE A PROPERTY OWNER ADVANCES A FACIAL DUE PROCESS CHALLENGE TO AN ORDINANCE THAT PLAINLY VIOLATES THE TAKINGS CLAUSE IN REQUIRING LANDOWNERS TO DEDICATE LAND, IN THE FOOTPRINT OF A PLANNED HIGHWAY, AS A CONDITION OF GETTING A PERMIT APPROVAL. AFTER PREVAILING IN THE DISTRICT COURT, THE 11TH CIRCUIT REVERSED, HOLDING THAT THE CLAIM WAS BARRED BY THE STATUTE OF LIMITATIONS BECAUSE IT WAS BROUGHT A FEW YEARS AFTER THE ORDINANCE WAS ENACTED. OUR AMICUS BRIEF URGES THE SUPREME COURT TO TAKE THE CASE IN ORDER TO MAKE CLEAR THAT A FACIAL CHALLENGE MAY BE ADVANCED AT ANY POINT BECAUSE THE CONSTITUTIONAL INJURY OCCURS NOT WITH ENACTMENT, BUT WITH ENFORCEMENT OF THE ORDINANCE. STATUS: PENDING. AMICUS BRIEF FILED 2/20/15. HINCHY V. WALGREEN EMPLOYMENT INDIANA SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH OTHER BUSINESS GROUPS IN URGING THE INDIANA SUPREME COURT TO REVERSE A COURT OF APPEAL DECISION, WHICH HELD EMPLOYERS LIABLE FOR AN EMPLOYEES CONDUCT THAT THE EMPLOYER HAD NO CONTROL OVER. THE AMICUS ARGUED THAT THE COURT SHOULD AFFIRM LONG-STANDING COMMON LAW RULES LIMITING THE DOCTRINE OF RESPONDENT SUPERIOR. AN EMPLOYER SHOULD ONLY BE HELD LIABLE FOR THE ACTIONS OF AN EMPLOYEE IF THE EMPLOYEE WAS ACTING TO FURTHER THE BUSINESS INTERESTS, OR WHERE THE EMPLOYER HAS FAILED TO TAKE REASONABLE ACTIONS TO CONTROL THE EMPLOYEES CONDUCT. STATUS: PENDING. AMICUS BRIEF FILED 2/16/15. |
| SUMMARY OF LEGAL CASES FOR 2015 (CONT.) | HORNE V. USDA PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION AND MERITS (2012, 2013) U.S. SUPREME COURT CERT PETITION AND MERITS (2014, 2015) UNDER THE AGRICULTURAL MARKETING AGREEMENT ACT OF 1937, RAISIN GROWERS 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 GROWERS THE RIGHT TO APPROPRIATELY CONTEST MONETARY FINES IMPOSED ON THE GROWERS WHO ALLEGEDLY FAILED TO COMPLY WITH THE SET-ASIDE. NOW THE SUPREME COURT HAS TAKEN THE CASE TO DECIDE WHETHER THIS REGIME VIOLATES THE TAKINGS CLAUSE OF THE FIFTH AMENDMENT. 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 GROWERS 6/10/2013. REMANDED TO NINTH CIRCUIT, WHICH RULED AGAINST GROWERS. CERT PETITION REFILED TO SUPREME COURT ON 10/19/14. MERITS BRIEF FILED ON 3/9/15. COURT RULED IN FAVOR OF HORNE. IN RE: DWYER V. COLORADO TAX COLORADO SUPREME COURT IN 2012, THE NFIB SMALL BUSINESS LEGAL CENTER FILED AN AMICUS BRIEF IN THE COLORADO SUPREME COURT IN THE LOBATO, A SCHOOL FUNDING CASE, WHICH ARGUED THAT IF THE PLAINTIFFS WERE SUCCESSFUL, THE GENERAL ASSEMBLY WOULD BE FORCED TO DEDICATE VIRTUALLY THE ENTIRE GENERAL FUND BUDGET TO PUBLIC EDUCATION AND, AS A RESULT, THE ECONOMY AND BUSINESS CLIMATE WOULD BE DECIMATED. THE PROPONENTS OF THAT LITIGATION ARE NOW ARGUING THAT THE LEGISLATURE IS NOT FOLLOWING THE MANDATE OF AMENDMENT 23 REQUIRING ANNUAL INCREASES TO PUBLIC EDUCATION FUNDING. THE STATE SOUGHT TO DISMISS THE CASE BEFORE TRIAL, BUT THE TRIAL JUDGE DENIED THAT REQUEST. SO THE STATE HAS APPEALED DIRECTLY TO THE COLORADO SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED 4/22/15. IN RE: LONGVIEW ENERGY COMPANY LEGAL REFORM TEXAS SUPREME COURT THIS CASE INVOLVES WHETHER TEXASS $25 MILLION APPEAL BOND CAP, ENACTED AS PART OF THE STATES 2003 TORT REFORM PACKAGE, SHOULD BE APPLIED PER JUDGMENT OR PER DEFENDANT. THE TRIAL COURT REQUIRED A $100 MILLION+ BOND BY MULTIPLYING THE $25 MILLION BY FOUR DEFENDANTS, RATHER THAN ALLOWING THEM TO POST A SINGLE $25 MILLION BOND. THE INTERMEDIATE APPELLATE COURT REVERSED. OUR AMICUS BRIEF ARGUES THE BOND APPLIES PER JUDGMENT. STATUS: PENDING. AMICUS BRIEF FILED 2/20/15. IN RE: PG&E APPLICATION TAX CALIFORNIA PUBLIC UTILITIES COMMISSION PG&E IS A PRIVATELY OWNED PUBLIC UTILITIES COMPANY, GOVERNED BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION. PG&E HAS SUBMITTED AN APPLICATION TO INSTALL ELECTRIC VEHICLE (EV) CHARGING STATIONS THROUGHOUT ITS SERVICE AREA IN ORDER TO HELP FACILITATE CALIFORNIAS GOAL OF ENCOURAGING CONSUMERS TO PURCHASE LOW EMISSION VEHICLES, SO AS TO REDUCE THE GREENHOUSE GAS EMISSIONS. THE REQUEST ASKS THE COMMISSION TO APPROVE A RATE HIKE FOR EXISTING UTILITIES CONSUMERS TO PAY FOR THIS INFRASTRUCTURE PROJECT. NFIB SMALL BUSINESS LEGAL CENTER FILED AN OBJECTION ARGUING THAT IT WAS UNREASONABLE TO ALLOW A PUBLIC UTILITIES TO FORCE EXISTING CONSUMERS TO PAY FOR A SERVICE THAT IS NOT DIRECTLY BENEFITING THEM, AND FURTHER THAT PG&ES PROPOSAL WOULD AMOUNT TO AN ILLEGAL TAX UNDER CALIFORNIA LAW. STATUS: PENDING. AMICUS BRIEF FILED 3/13/15. INTERNATIONAL UNION OF PAINTERS V. TIVOLI VILLAGE LABOR NEVADA SUPREME COURT THIS CASE RAISES IMPORTANT EMPLOYER PROPERTY RIGHTS ISSUES AND A NEW UNION TACTIC CALLED "PHOTO-BOMBING" IN WHICH A UNION PROJECTS ITS HANDBILLING MESSAGES ONTO THE FAADE OF AN EMPLOYERS BUILDING BY USING LARGE PROJECTION EQUIPMENT LOCATED ON PUBLIC PROPERTY. THE UNION USES THE FAADE LIKE A GIANT MOVIE SCREEN AND PROJECTS HANDBILLING MESSAGES THAT ARE OFTEN SEVERAL STORIES HIGH. IT IS LIKE "BANNERING" ON STEROIDS. TIVOLI VILLAGE WAS SUCCESSFUL IN OBTAINING INJUNCTIVE RELIEF. HOWEVER, THE UNION HAS TAKEN AN APPEAL FROM THE DISTRICT COURT TO THE NEVADA SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED 9/1/15. JOHNSON V. WYNNS EXTENDED CARE LEGAL REFORM U.S. COURT OF APPEALS FOR THE THIRD CIRCUIT THIS CASE RAISES THE QUESTION OF WHETHER THE NEW JERSEY TRUTH IN CONSUMER CONTRACT AND WARRANT NOTIFICATION ACT (TCCWNA) AUTHORIZES LAWSUITS AGAINST BUSINESSES USING ARBITRATION AGREEMENTS THAT EITHER (A) REQUIRE THE PARTIES TO COVER THEIR OWN ATTORNEYS FEES; (B) DESIGNATE THE PLACE OF ARBITRATION IN ANOTHER JURISDICTION; (C) INCLUDE A FONT SIZE THAT IS ALLEGED TO BE TOO SMALL; OR (D) WAIVES THE RIGHT TO A JURY TRIAL. BECAUSE THE ACT AUTHORIZES LITIGANTS TO BRING CLASS ACTION SUITS THAT CAN PROVE RUINOUS TO SMALL BUSINESSES, NFIB SMALL BUSINESS LEGAL CENTER FILED IN THIS CASE TO LIMIT APPLICATION OF THE TCCWNA. WE JOINED WITH OTHER BUSINESS GROUPS IN ARGUING THAT THE FEDERAL ARBITRATION ACT PRECLUDES AN EXPANSIVE INTERPRETATION. STATUS: PENDING. AMICUS BRIEF FILED 6/10/15. KERR V. HICKENLOOPER TAX U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT THE 10TH CIRCUIT HAS BEEN ORDERED TO RECONSIDER ITS PREVIOUS DECISION ALLOWING A GUARANTEE CLAUSE CHALLENGE TO MOVE TO THE MERITS. PREVIOUSLY THE 10TH CIRCUIT HELD THAT INDIVIDUAL LEGISLATORS HAD STANDING TO ADVANCE THIS CHALLENGE, AND THAT THE CLAIM IS JUSTICIABLE. BUT THE SUPREME COURT VACATED THAT DECISION AND ORDERED THE TENTH CIRCUIT TO RECONSIDER IN LIGHT OF ITS DECISION IN ARIZONA STATE LEGISLATURE V. ARIZONA INDEPENDENT REDISTRICTING COMMISSION. OUR AMICUS BRIEF ARGUES THAT, IN LIGHT OF THE ARIZONA DECISION, THE CASE SHOULD BE DISMISSED UNDER THE POLITICAL QUESTIONS DOCTRINE. STATUS: PENDING. AMICUS BRIEF FILED 7/31/15. KESNER V. SUPERIOR COURT LEGAL REFORM CALIFORNIA SUPREME COURT THE COURT WILL DETERMINE WHETHER TAKE HOME ASBESTOS EXPOSURE CLAIMS ARE BARRED UNDER CALIFORNIA ASBESTOS MEDICAL CRITERIA LAW AND ALSO FAIL UNDER A NEGLIGENCE THEORY BECAUSE NO DUTY IS OWED TO PERSONS EXPOSED OFF-SITE. THE INTERMEDIATE APPELLATE COURT ALLOWED THE CLAIMS TO PROCEED. STATUS: PENDING. AMICUS BRIEF FILED 3/11/15. LALLI V. GNC EMPLOYMENT U.S. COURT OF APPEALS FOR THE FIRST CIRCUIT NFIBS LEGAL CENTER AMICUS BRIEF ARGUES THAT WHEN AN EMPLOYER PAYS AN EMPLOYEE A FIXED SALARY FOR VARIABLE HOURS (A FLUCTUATING WORKWEEK), THE EMPLOYER IS ALSO PERMITTED TO PAY THE EMPLOYEE A BONUS (WHETHER BASED ON HOURS, PERFORMANCE, OR ANY OTHER METRIC), AND TO CALCULATE OVERTIME BASED ON THE "WAGES DIVIDED BY HOURS EQUALS REGULAR RATE." STATUS: PENDING. AMICUS BRIEF FILED 7/27/15. LINERT V. FORD MOTOR CO. LEGAL REFORM OHIO SUPREME COURT NFIB JOINED AN APPEAL OF A LOWER-COURT DECISION THAT REQUIRES MANUFACTURERS SELLING PRODUCTS IN OHIO TO WARN CONSUMERS POST-SALE OF ANY KNOWN RISK INVOLVING THE PRODUCT, EVEN IF THE PRODUCT IS NOT DEFECTIVE. STATUS: PENDING. AMICUS BRIEF FILED 8/17/15. LOMPE V. SUNRIDGE PARTNERS LLC LEGAL REFORM U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT THIS CASE INVOLVES TWO ISSUES AT THE CORE OF TWO CRITICAL DUE PROCESS CONSIDERATIONS: (1) DILIGENT POST-TRIAL EVALUATION BY THE DISTRICT JUDGE OF THE PUNITIVE DAMAGES AWARD IN LIGHT OF THE NATURE OF THE CONDUCT, THE INJURIES, AND THE OTHER FACTORS RECOGNIZED TO PLACE MEANINGFUL LIMITS ON A JURY'S POWER TO PUNISH A CIVIL DEFENDANT. THE DISTRICT JUDGE IN THIS CASE LET THE JURY USE WORLDWIDE WEALTH EVIDENCE TO JUSTIFY ITS $25.5 MILLION AWARD, AND THEN ESSENTIALLY GAVE COMPLETE DEFERENCE TO THE JURY'S FINDING WITHOUT CONSIDERING DUE PROCESS VIOLATIONS. STATUS: PENDING. AMICUS BRIEF FILED 2/9/15. MACHINISTS LOCAL V. WALKER LABOR CIRCUIT COURT DANE COUNTY THE LEGAL CENTER JOINED A BUSINESS COALITION BRIEF THAT IS DEFENDING WISCONSINS RIGHT TO WORK LAW. STATUS: PENDING. AMICUS BRIEF FILED 5/6/15. MACYS V. UNITED COMMERCIAL FOOD WORKERS/NLRB LABOR NLRB U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT THE NLRBS 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. NLRB RULED IN FAVOR OF UNION AND EMPLOYER APPEALED. AMICUS BRIEF FILED IN SUPPORT OF APPEAL ON 4/27/15. |
| SUMMARY OF LEGAL CASES FOR 2015 (CONT.) | MALONE INVESTMENTS LLC V. SOMERSET COUNTY PROPERTY RIGHTS MARYLAND COURT OF APPEALS PETITION FOR REVIEW NFIB SMALL BUSINESS LEGAL CENTER HAS ASKED MARYLANDS HIGHEST COURT TO TAKE-UP A CASE TO DETERMINE WHETHER LOCAL GOVERNMENT MAY-CONSISTENT WITH THE FIFTH AMENDMENT OF THE U.S. CONSTITUTION-WITHHOLD ACCESS TO PUBLIC SERVICES,EXCEPT ON THE CONDITION THAT A BUSINESS PAY TO COVER DISPROPORTIONATE COSTS OF A PUBLIC WORKS PROJECT. NFIB ARGUES THAT KOONTZ V. ST. JOHN RIVER MANAGEMENT DISTRICT PROHIBITS SUCH EXTORTIONATE CONDITIONS. STATUS: DECIDED. AMICUS BRIEF FILED 10/16/15. PETITION DENIED 1/4/16. MAY V. AIR & LIQUID SYSTEMS LEGAL REFORM MARYLAND COURT OF APPEALS MARYLANDS HIGHEST COURT WILL DECIDE WHETHER A MANUFACTURER HAS A DUTY TO WARN WITH RESPECT TO ASBESTOS-CONTAINING PRODUCTS MANUFACTURED, SUPPLIED, OR PLACED IN THE STREAM OF COMMERCE BY THIRD-PARTIES. STATUS: DECIDED. AMICUS BRIEF FILED 5/29/15. COURT RULED IN FAVOR OF PLAINTIFFS 12/18/15. MCCRORY V. BERGER REGULATORY REFORM NORTH CAROLINA SUPREME COURT THE NFIB SMALL BUSINESS LEGAL CENTER JOINED A COALITION BRIEF OVER WHETHER THE LEGISLATURE HAS THE POWER TO APPOINT MEMBERS OF CERTAIN COMMISSIONS OR WHETHER THE GOVERNOR HAS SOLE AUTHORITY. THE CASE STARTED WHEN THE GENERAL ASSEMBLY CREATED THE COAL ASH COMMISSION TO OVERSEE CLEANUP OF THE STATES COAL ASH PONDS. THE LEGISLATURE APPOINTED SIX OF THE COMMISSIONS NINE MEMBERS. GOVERNOR MCCRORY HAS ARGUED THAT THOSE APPOINTMENTS ENCROACHED ON "CORE EXECUTIVE BRANCH FUNCTIONS" AND THEREFORE VIOLATED THE CONSTITUTIONAL SEPARATION OF POWERS. THE BUSINESS GROUPS, INCLUDING NFIB LEGAL CENTER, HAVE ARGUED THAT ITS WITHIN THE LEGISLATURES CONSTITUTIONAL AUTHORITY TO APPOINT MEMBERS TO COMMISSIONS. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF THE LEGISLATURE ON 5/4/15. COURT RETAINED THE CURRENT RULES COMMISSION STRUCTURE IN DECISION ISSUED 2/3/16. MENDOZA V. NORDSTROM EMPLOYMENT CALIFORNIA SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER ARGUES IN THIS CASE THAT THE CALIFORNIA LABOR CODE SHOULD BE CONSTRUED TO ALLOW EMPLOYERS FLEXIBILITY IN SCHEDULING, AND THAT THIS IS GOOD FOR EMPLOYEES AS WELL. SPECIFICALLY, WE ARGUED THAT THE LABOR CODES DAY OF REST REQUIREMENT SHOULD BE CONSTRUED AS APPLYING ON A FIXED WEEKLY BASIS BECAUSE APPLYING THE REQUIREMENT ON A ROLLING BASIS WOULD RESULT IN PRACTICAL DIFFICULTIES FOR EMPLOYERS AND EMPLOYEES ALIKE. STATUS: PENDING. AMICUS BRIEF FILED 11/20/15. MICHIGAN V. EPA REGULATORY REFORM U.S. SUPREME COURT THIS CLEAN AIR ACT CASE, ASKS WHETHER EPA IMPROPERLY IMPOSED REGULATORY BURDENS-ESTIMATED TO COST INDUSTRY OVER $10 BILLION A YEAR-WITHOUT ADEQUATELY CONSIDERING WHETHER THE REGULATION COULD BE JUSTIFIED IN LIGHT OF THE MINIMAL BENEFITS TO THE PUBLIC. NFIB SMALL BUSINESS LEGAL CENTER ARGUED THAT SUCH REGULATIONS ARE ONLY NECESSARY AND APPROPRIATE WHERE THERE IS CLEAR AND CONVINCING EVIDENCE THAT PUBLIC HEALTH BENEFITS OUTWEIGH THE BURDENS. STATUS: DECIDED. AMICUS FILED 1/27/15. ON 6/29/15, THE COURT BLOCKED EPAS RULE AND ORDERED IT TO REVIEW AND REWRITE IT, TAKING COSTS INTO CONSIDERATION. MORNING STAR / CAL. CHAMBER V. CAL. AIR RESOURCES BOARD REGULATORY REFORM CALIFORNIA COURT OF APPEAL IN THIS CASE, THE NFIB SMALL BUSINESS LEGAL CENTER LEADS A COALITION OF INDUSTRY GROUPS CHALLENGING THE LEGALITY OF REGULATIONS PROMULGATED BY THE CALIFORNIA AIR RESOURCES BOARD, WHICH PROVIDE FOR THE AUCTIONING OF EMISSION ALLOWANCES UNDER CALIFORNIAS CAP-AND-TRADE PROGRAM. THE BRIEF ARGUES THAT THE AUCTIONING OF EMISSION ALLOWANCES UNREASONABLY RAISES THE COST OF COMPLIANCE FOR THE REGULATED COMMUNITY AND NEEDLESSLY RESULTS IN HIGHER ENERGY COSTS FOR THE SMALL BUSINESSES. NFIBS LEGAL CENTER SPECIFICALLY ARGUES THAT THE BOARD EXCEEDED ITS STATUTORY AUTHORITY IN CHOOSING TO FORCE BUSINESSES TO PAY BILLIONS OF DOLLARS FOR THE RIGHT TO CONTINUE THEIR OPERATIONS. STATUS: PENDING. AMICUS BRIEF FILED 5/15/15. MORRISS V. BNSF RAILWAY EMPLOYMENT U.S. COURT OF APPEALS FOR THE EIGHTH CIRCUIT THE COURT IS BEING ASKED TO DECIDE WHETHER OBESITY NOT CAUSED BY A PHYSIOLOGICAL CONDITION IS A DISABILITY FOR PURPOSES OF ACCOMMODATION UNDER THE ADA. STATUS: PENDING. AMICUS BRIEF FILED 5/22/15. MOTOROLA, INC. V. MURRAY LEGAL REFORM DISTRICT OF COLUMBIA COURT OF APPEALS REQUEST FOR REVIEW AND MERITS THE D.C. COURT IS BEING ASKED TO REJECT THE FRYE STANDARD AND ADOPT THE MORE RELIABLE AND MODERN DAUBERT STANDARD FOR EXPERT TESTIMONY. STATUS: PENDING. AMICUS BRIEF FILED 10/24/14. COURT GRANTED REVIEW AND AMICUS BRIEF AND BRIEF ON MERITS FILED 2/25/15. MURR V. STATE OF WISCONSIN PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION IN THIS CASE NFIB SMALL BUSINESS LEGAL CENTER JOINS WITH THE NATIONAL ASSOCIATION OF HOMEBUILDERS AND THE CALIFORNIA CATTLEMENS ASSOCIATION IN ASKING THE U.S. SUPREME COURT TO TAKE UP AN IMPORTANT ISSUE OF CONCERN TO MANY SMALL BUSINESS OWNERS WHO OWN ADJOINING PARCELS OF LAND. IN THIS CASE WISCONSIN COURTS HELD THAT A LANDOWNER CAN BE DENIED THE RIGHT TO BUILD ANYTHING ON AN ADJACENT PARCEL OF LAND WITHOUT INCURRING AN OBLIGATION TO PAY FOR THE TAKING OF THE OWNERS PROPERTY RIGHTS. THE WISCONSIN COURTS INAPPROPRIATELY TREATED TWO SEPARATE LOTS AS A SINGLE PROPERTY TO DEFEAT THE OWNERS TAKINGS CLAIM. ACCORDINGLY, THE CASE IS CONCERNING FOR SMALL BUSINESS LANDOWNERS WHO MAY BE INTERESTED IN EXPANDING THEIR OPERATIONS ON ADJACENT LOTS, OR INTERESTED IN INVESTING IN OTHER DEVELOPMENT OPPORTUNITIES NEAR THEIR EXISTING FACILITIES. STATUS: PENDING. AMICUS BRIEF FILED 9/17/15. CERT GRANTED. MYERS V. CROUSE-HINDS LEGAL REFORM INDIANA SUPREME COURT NFIBS LEGAL CENTER AMICUS BRIEF ARGUED THAT INDIANAS WELL-ESTABLISHED STATUTE OF REPOSE JURISPRUDENCE IS CONSTITUTIONALLY CORRECT, AND ENHANCES THE ABILITY OF INDIANA MANUFACTURERS AND OTHER BUSINESSES TO MEET THE NEEDS OF THE MILLIONS OF HOOSIERS AND OTHER CONSUMERS THEY SERVE. STATUS: PENDING. AMICUS BRIEF FILED 7/20/15. NERRTAVICH V. PPL LEGAL REFORM PENNSYLVANIA SUPREME COURT IN THIS CASE THE PENNSYLVANIA SUPREME COURT HAS BEEN ASKED TO HOLD PROPERTY OWNERS LIABLE FOR NEGLIGENT ACTS OF THEIR EMPLOYEES, WITHOUT REGARD TO WHETHER THE PROPERTY OWNER HAS EXERTED ANY CONTROL OVER THE CONTRACTORS WORK. NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH THE U.S. CHAMBER OF COMMERCE IN THIS FILING, ARGUING THAT THE COURT SHOULD AFFIRM THE HISTORIC COMMON LAW RULE THAT A LANDOWNER IS NOT LIABLE FOR THE ACTIONS OF A CONTRACTOR EXCEPT IN THE EVENT THAT HE OR SHE DIRECTS THE CONTRACTOR TO TAKE SPECIFIC ACTIONS THAT DIRECTLY CAUSE INJURY TO ANOTHER. STATUS: PENDING. AMICUS BRIEF FILED 8/7/15. NATIONAL RESTAURANT ASSOCIATION V. NY LABOR BOARD - EMPLOYMENT NEW YORK INDUSTRIAL BOARD OF APPEALS NEW YORK SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED AN AMICUS LETTER BRIEF FILED IN THE NATIONAL RESTAURANT ASSOCIATIONS CHALLENGE WITH THE STATE INDUSTRIAL BOARD OF APPEALS, ASKING THE PANEL TO THROW OUT A SEPTEMBER ORDER FROM THE STATE DEPARTMENT OF LABOR IMPLEMENTING A HIGHER MINIMUM WAGE AT FAST-FOOD CHAINS LIKE MCDONALDS AND BURGER KING. CRITICS OF THE MINIMUM-WAGE BUMP, WHICH WOULD GRADUALLY RAMP UP TO $15-AN-HOUR STATEWIDE BY JULY 2021. THE STATES CURRENT MINIMUM WAGE IS $8.75. NFIB SMALL BUSINESS LEGAL CENTER ARGUED IN THE AMICUS THAT THE LABOR DEPARTMENT'S ORDER IS A "THINLY VEILED ATTEMPT BY GOVERNOR CUOMO" TO ILLEGALLY BYPASS THE STATE LEGISLATURE. STATUS: PENDING. AMICUS BRIEF FILED 12/4/15. AMICUS BRIEF FILED WITH NEW YORK SUPREME COURT 2/5/16. NESTLE-DREYER V. NLRB LABOR 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 DIRECTORS 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. AGAIN CONSIDERED BY THE BOARD AND FOURTH CIRCUIT (POST-NOEL CANNING). BRIEF FILED 1/13/15. NEW JERSEY BUSINESS & INDUSTRY ASSOC. V. CITY OF TRENTON - EMPLOYMENT SUPERIOR COURT OF NEW JERSEY, MERCER COUNTY NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH OTHER INDUSTRY GROUPS THAT CHALLENGED TRENTONS NEWLY PASSED PAID SICK LEAVE ORDINANCE. THE COMPLAINT ARGUES, AMONG OTHER CLAIMS, THAT NEW JERSEYS LAW VIOLATES THE STATE CONSTITUTION. STATUS: DECIDED. COMPLAINT FILED 2/27/15. COURT DISMISSED COMPLAINT. |
| SUMMARY OF LEGAL CASES FOR 2015 (CONT.) | NFIB V. GESSLER - TAX DISTRICT COURT CITY AND COUNTY OF DENVER COLORADO SUPREME COURT SEEKING ENFORCEMENT OF THE TAXPAYER BILL OF RIGHTS UNDER THE STATES CONSTITUTION, NFIB SUED THE SECRETARY OF STATE SCOTT GESSLER. ACCORDING TO THE LAWSUIT, THE STATE COLLECTS APPROXIMATELY $20 MILLION PER YEAR FROM BUSINESSES THAT ARE REQUIRED TO FILE CERTAIN DOCUMENTS WITH THE STATE. HOWEVER, THE SECRETARY OF STATES OFFICE DOESNT JUST REGULATE BUSINESSES, IT RUNS THE STATES ELECTIONS OPERATIONS, REGULATES BINGOS AND RAFFLES, AND CONDUCTS OTHER FUNCTIONS NOT RELATED TO BUSINESSES, ALL OF WHICH IS FUNDED BY THE MONEY COLLECTED FROM BUSINESSES SMALL AND LARGE. THE OFFICE RECEIVES NO MONEY FROM THE STATES GENERAL FUND. STATUS: PENDING. DISTRICT COURT UPHELD THE FEE AND NFIB APPEALED TO THE SUPREME COURT IN DECEMBER 2015. NORTH DAKOTA V. HEYDINGER REGULATORY REFORM MINNESOTA SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH PACIFIC LEGAL FOUNDATION IN THIS CASE, ARGUING THAT MINNESOTAS GREEN ENERGY STANDARDS VIOLATE THE DORMANT COMMERCE CLAUSE. IN THIS CASE MINNESOTAS REGULATIONS EFFECTIVELY CONTROL OUT-OF-STATE CONDUCT, IN A MANNER THAT AMOUNTS TO EXTRATERRITORIAL REGULATION. STATUS: PENDING. AMICUS BRIEF FILED 1/22/15. PAINTCARE V. MORTENSEN REGULATORY REFORM CALIFORNIA SUPREME COURT THIS CASE RAISES THE QUESTION OF WHETHER A STATE AGENCY HAS GENERAL "GAP-FILLING" AUTHORITY TO REGULATE ON MATTERS FOR WHICH A STATUTE IS SILENT. WE URGED THE CALIFORNIA SUPREME COURT TO TAKE THE CASE BECAUSE WE THINK THIS IS A FUNDAMENTAL QUESTION OF ADMINISTRATIVE LAW ON WHICH CALIFORNIA COURTS ARE DIVIDED. OUR POSITION IS THAT AN AGENCYS AUTHORITY SHOULD GENERALLY BE NARROWLY CONSTRUED CONSISTENT WITH TEXT AND STRUCTURE OF THE STATUTE IN QUESTION. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF PAINTCARE ON 4/17/15. PASCO COUNTY V. HILLCREST PROPERTY, LLP PROPERTY RIGHTS U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT U.S. SUPREME COURT CERT PETITION 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 SMALL BUSINESS LEGAL CENTER JOINED WITH PACIFIC LEGAL FOUNDATION IN ARGUING THAT THIS CONDITION IS UNCONSTITUTIONAL. STATUS: DECIDED. AMICUS BRIEF FILED 8/26/13. COURT REVERSED DISTRICT COURT ON STATUTE OF LIMITATIONS ISSUE, AND NEVER ADDRESSED THE MERITS (6/13/14). AMICUS BRIEF FILED IN SUPPORT OF PETITION FOR CERTIORARI 2/20/15. CERTIORARI DENIED. PEOPLE V. ATLANTIC RICHFIELD CO. ET AL. LEGAL REFORM CALIFORNIA COURT OF APPEAL IN THIS CASE, COMPANIES THAT ONCE MANUFACTURED LEAD-PAINT APPEAL A SUPERIOR COURT DECISION HOLDING THEM LIABLE FOR A PUBLIC NUISANCE. THIS RULING WAS CONTROVERSIAL IN PART BECAUSE CURRENT STATUTES PERMIT LANDOWNERS TO MAINTAIN BUILDINGS WITH LEAD PAINT UNDER CERTAIN SPECIFIED CONDITIONS. FURTHER, THE CASE HAS SERIOUS IMPLICATIONS FOR SMALL BUSINESSES PROPERTY OWNERS-AT LEAST FOR THOSE OWNING OLDER PROPERTIES THAT MAY CONTAIN LEAD PAINT. ACCORDINGLY, NFIB SMALL BUSINESS LEGAL CENTER FILED AN AMICUS BRIEF ARGUING THAT THE SUPERIOR COURTS DECISION SHOULD BE REVERSED. STATUS: PENDING. AMICUS BRIEF FILED 2/23/15. PEOPLE FOR THE ETHICAL TREATMENT OF PROPERTY OWNERS (PETPO) V. US FWS REGULATORY REFORM U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH THE CHAMBER OF COMMERCE IN SUPPORT OF PROPERTY OWNERS CHALLENGING THE REGULATORY AUTHORITY OF THE U.S. FISH AND WILDLIFE SERVICES TO ENFORCE ENDANGERED SPECIES ACT (ESA) RESTRICTIONS FOR THE UTAH PRAIRIE DOG. THE U.S. DISTRICT COURT FOR THE DISTRICT OF UTAH HELD THAT THE FEDERAL GOVERNMENT HAS NO AUTHORITY TO ENFORCE ESA RESTRICTIONS WITH REGARD TO THIS SPECIES BECAUSE IT IS FOUND ONLY IN UTAH, HAS NO COMMERCIAL VALUE AND HAS NO IMPACT ON INTERSTATE COMMERCE. OUR JOINT-AMICUS BRIEF EMPHASIZES THAT THE COMMERCE CLAUSE HAS MEANINGFUL LIMITATIONS AND THAT IGNORING THOSE LIMITATIONS HAS SEVERE ADVERSE IMPACTS ON BUSINESSES IN THIS CASE. STATUS: PENDING. AMICUS BRIEF FILED 5/26/15. PROPERTY RESERVE V. DWR PROPERTY RIGHTS CALIFORNIA COURT SUPREME COURT IN THIS CASE LANDOWNERS SUCCESSFULLY ARGUED BEFORE THE COURT OF APPEAL THAT THE STATE HAD EFFECTED A TAKING-REQUIRING PAYMENT OF JUST COMPENSATION-FOR A TEMPORARY PHYSICAL INVASION OF THEIR LAND WHEN STATE AGENTS ENTERED THE PROPERTY FOR THE PURPOSES OF CONDUCTING ENVIRONMENTAL AND ENGINEERING STUDIES NECESSARY TO DETERMINE WHETHER A CONTEMPLATED PROJECT PUBLIC WORKS PROJECT WAS FEASIBLE. DURING THESE STUDIES STATE AGENTS ENTERED THE PROPERTIES REPEATEDLY OVER THE COURSE OF SEVERAL MONTHS, AND BORE HOLES IN THE GROUND. BUT THE STATE MAINTAINS THAT THOSE STUDIES WERE CONDUCTED FOR THE PURPOSE OF DETERMINING WHETHER THE STATE WANTED TO ACTUALLY EXERCISE ITS EMINENT DOMAIN POWERS AND THAT IT WOULD MAKE IT LOGISTICALLY VERY DIFFICULT FOR THE STATE TO CARRY OUT PUBLIC WORKS PROJECTS IF IT COULD NOT DO PRELIMINARY STUDIES WITHOUT EFFECTING A TAKING. IN RESPONSE, NFIB SMALL BUSINESS LEGAL CENTER ARGUED IN THE CALIFORNIA SUPREME COURT THAT ANY NON-TRIVIAL PHYSICAL INVASION OF PROPERTY IS A PER SE TAKING. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF LANDOWNERS ON 3/19/15. RAINS V. STAYTON BUILDERS LEGAL REFORM OREGON SUPREME COURT THIS CASE INVOLVES THE CONSTITUTIONALITY OF OREGONS DAMAGE CAP. THE TRIAL RESULTED IN A VERDICT OF $5.2 MILLION IN ECONOMIC DAMAGES PLUS $3.1 MILLION IN NONECONOMIC DAMAGES TO AN INJURED CONSTRUCTION WORKER AND AN ADDITIONAL $1 MILLION TO HIS WIFE FOR LOSS OF CONSORTIUM. THE INTERMEDIATE APPELLATE COURT REVERSED THE TRIAL COURTS DECISION THAT THE CAP WAS INVALID AS APPLIED TO ALL CLAIMS. STATUS: PENDING. AMICUS BRIEF FILED 7/2/15. SAKKAB V. LUXOTTICA RETAIL NORTH AMERICA, INC. - EMPLOYMENT U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THE QUESTION PRESENTED IN THIS CASE IS WHETHER EMPLOYERS MAY ENFORCE ARBITRATION AGREEMENTS WITH THEIR EMPLOYEES. NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH PACIFIC LEGAL FOUNDATION IN ARGUING THAT ARBITRATION AGREEMENTS SHOULD BE ENFORCED-PURSUANT TO THE FEDERAL ARBITRATION ACT-ON THE SAME TERMS AS ANY OTHER AGREEMENT. GIVEN A STRING OF DECISIONS FROM STATE COURTS LIMITING THE ENFORCEABILITY OF ARBITRATION AGREEMENTS, WE MAINTAIN THAT ITS ESPECIALLY IMPORTANT FOR THE FEDERAL COURTS TO ENFORCE THIS POINT OF FEDERAL LAW. STATUS: PENDING. AMICUS BRIEF FILED 11/20/15. SCAPA DRYER FABRICS, INC. V. KNIGHT LEGAL REFORM GEORGIA SUPREME COURT THE LEGAL CENTER JOINED A COALITION BRIEF ASKING THE STATE SUPREME COURT TO OVERTURN AN APPELLATE DECISION THAT UPHELD AN AWARD OF MORE THAN $4 MILLION TO A RETIRED SHEET METAL WORKER AND HIS WIFE. THE PLAINTIFF HERE DID NOT EXHIBIT SYMPTOMS OF MESOTHELIOMA UNTIL DECADES AFTER HIS INITIAL ASBESTOS EXPOSURE. STATUS: PENDING. AMICUS BRIEF FILED 5/15/15. SOLUS INNOVATIONS LLC V. SUPERIOR COURT LEGAL REFORM CALIFORNIA SUPREME COURT OUR AMICUS BRIEF ARGUED THAT CALIFORNIA DISTRICT ATTORNEYS LACK AUTHORITY TO IMPOSE PENALTIES ON TOP OF THOSE ALREADY ASSESSED BY CAL/OSHA FOR WORKPLACE SAFETY VIOLATIONS. SPECIFICALLY, WE CONTEND THAT THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT PREEMPTS ALL STATE REGULATION OF WORKPLACE SAFETY ISSUES, EXCEPT AS AUTHORIZED BY THE SECRETARY OF LABOR IN AN APPROVED STATE WORKPLACE SAFETY PLAN. SINCE IN THIS CASE THE DISTRICT ATTORNEY OF ORANGE COUNTY SOUGHT TO IMPOSE PENALTIES EXPONENTIALLY GREATER THAN THOSE ALREADY IMPOSED BY CAL/OSHA, AND WITHOUT ANY AUTHORITY UNDER CALIFORNIAS APPROVED PLAN, WE ARGUE THAT THE SUPREME COURT SHOULD RULE IN FAVOR OF THE EMPLOYER-DEFENDANTS. STATUS: PENDING. AMICUS BRIEF FILED 5/27/15. SPOKEO, INC. V. ROBINS LEGAL REFORM U.S. SUPREME COURT UNDER ARTICLE III OF THE U.S. CONSTITUTION, A PLAINTIFF MUST ALLEGE THAT HE OR SHE HAS SUFFERED AN "INJURY-IN-FACT" TO ESTABLISH STANDING TO SUE IN FEDERAL COURT. IN THIS CASE, THE COURT WILL DECIDE WHETHER CONGRESS MAY CONFER ARTICLE III STANDING BY AUTHORIZING A PRIVATE RIGHT OF ACTION BASED ON A BARE VIOLATION OF A FEDERAL STATUTE, EVEN THOUGH THE PLAINTIFF HAS NOT SUFFERED ANY CONCRETE HARM. STATUS: PENDING. AMICUS BRIEF FILED 7/9/15. STAHL V. HIALEAH HOSPITAL EMPLOYMENT FLORIDA SUPREME COURT THE COURT HERE WILL DECIDE WHETHER TO UPHOLD REFORMS TO FLORIDAS WORKERS COMPENSATION SYSTEM. STATUS: PENDING. AMICUS BRIEF FILED 12/2/15. |
| SUMMARY OF LEGAL CASES FOR 2015 (CONT.) | STATE OF OREGON V. ALDERWOOD PROPERTY RIGHTS OREGON SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH PACIFIC LEGAL FOUNDATION IN A FILING BEFORE THE OREGON SUPREME COURT IN STATE V. ALDERWOOD, ARGUING THAT LANDOWNERS SHOULD BE COMPENSATED WHEN THE STATE IMPEDES OR OBSTRUCTS ACCESS FROM PRIVATE PROPERTY ONTO PUBLIC ROADS. THE STATE CONTENDS THAT THE OWNER SHOULD NOT BE ENTITLED TO ENTER EVIDENCE OF LOST VALUES RESULTING FROM SUCH AN OBSTRUCTION; HOWEVER, WE CONTEND THAT ACCESS RIGHTS ARE COMPENSABLE AND PROTECTED BY THE TAKINGS CLAUSE. STATUS: PENDING. AMICUS BRIEF FILED ON 3/27/15. STEPHENSON V. PFIZER EMPLOYMENT U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT THE APPELLATE COURT IS BEING ASKED TO DETERMINE WHETHER PROVIDING A FULL-TIMER DRIVER IS A REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT. STATUS: DECIDED. AMICUS BRIEF FILED 5/11/15. COURT RULED FOR THE PLAINTIFF ON 3/2/16. STREET STONE PARTNER V. CHICAGO LEGAL REFORM ILLINOIS SUPREME COURT THE STATE HAS ARGUED THAT NON-ATTORNEYS SHOULD NOT BE PERMITTED TO REPRESENT PARTIES IN STATE ADMINISTRATIVE HEARINGS. NFIB SMALL BUSINESS LEGAL CENTERS AMICUS ARGUES THAT ADMINISTRATIVE AGENCY HEARINGS, LIKE UNEMPLOYMENT MATTERS, CAN BE HANDLED MORE EFFICIENTLY AND LESS EXPENSIVELY BY NON-ATTORNEY REPRESENTATIVES. STATUS: PENDING. AMICUS BRIEF FILED 1/7/15. SUTTNER V. CRANE CO. LEGAL REFORM NEW YORK COURT OF APPEALS THE STATES HIGHEST COURT WILL CONSIDER WHETHER A MANUFACTURER OF A PRODUCT SUCH AS A PUMP OR VALVE HAS A DUTY TO WARN ABOUT ASBESTOS-CONTAINING REPLACEMENT PARTS (GASKETS AND PACKING) OR EXTERNALLY APPLIED THERMAL INSULATION MADE BY OTHERS AND USED IN CONJUNCTION WITH THE MANUFACTURERS PRODUCTS. STATUS: PENDING. AMICUS BRIEF FILED 6/18/15. TYSON V. BOUAPHAKEO LEGAL REFORM U.S. SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH THE U.S. CHAMBER OF COMMERCE ON A BRIEF URGING THE SUPREME COURT TO RIGIDLY ENFORCE FEDERAL RULES PRECLUDING CERTIFICATION OF CLASS ACTION LAWSUITS. SPECIFICALLY, WE ARGUED THAT IT IS IMPROPER TO CERTIFY A CLASS ACTION SUIT TO PROCEED IN THE ABSENCE OF SOLID EVIDENCE THAT ALL OF THE CLASS MEMBERS HAVE BEEN INJURED IN THE SAME WAY. NFIBS LEGAL CENTER BRIEF ARGUED, ITS IMPROPER TO RELY ON MODELS BECAUSE THEY WOULD ULTIMATELY AWARD DAMAGES TO SOME INDIVIDUALS WHO HAD NOT BEEN INJURED (OR GREATER DAMAGES THAN THEY OUGHT TO RECEIVE), WHILE CONVERSELY DENYING PROPER COMPENSATION TO INDIVIDUALS WHO MAY HAVE SUFFERED A MORE SERIOUS INJURY THAN THE STATISTICAL MEAN AVERAGE OF THE REPRESENTATIVE CLASS. STATUS: DECIDED. AMICUS BRIEF FILED 8/14/15. COURT RULED IN FAVOR OF PLAINTIFFS. UNITED AUTO WORKERS V. VOLKSWAGEN - LABOR NATIONAL LABOR RELATIONS BOARD NFIB SMALL BUSINESS LEGAL CENTER JOINED AN AMICUS BRIEF ARGUING THAT THE NLRBS SPECIALTY HEALTHCARE RULE VIOLATES THE FUNDAMENTAL PRINCIPLES OF THE NATIONAL LABOR RELATIONS ACT BY CEDING TO THE UNION THE BOARDS RESPONSIBILITY TO DECIDE WHAT BARGAINING UNIT IS APPROPRIATE, AND ALLOWS FOR THE "BALKANIZATION" OF EMPLOYER WORKPLACES BY ALLOWING FOR THE CREATION OF MULTIPLE MICRO-UNITS THAT WILL CAUSE ENDLESS NEGOTIATIONS, CONFLICTING UNION DEMANDS AND BURDENSOME ADMINISTRATIVE OBLIGATIONS. STATUS: PENDING. AMICUS BRIEF FILED 12/23/15. US LEGAL SERVICES V. ATALESE LEGAL REFORM U.S. SUPREME COURT CERT PETITION THE FEDERAL ARBITRATION ACT WAS ENACTED WITH THE EXPLICIT PURPOSE OF ENSURING THAT ARBITRATION AGREEMENTS WILL BE RESPECTED IN COURTS, SO AS TO REDUCE LITIGATION COSTS FOR BUSINESSES. UNFORTUNATELY SOME STATES HAVE CONTINUALLY SOUGHT TO INVALIDATE ARBITRATION AGREEMENTS UNDER JUDICIALLY CRAFTED RULES. IN THIS CASE, THE NEW JERSEY SUPREME COURT HELD THAT AN ARBITRATION AGREEMENT WAS INVALID BECAUSE IT DID NOT CLEARLY STATE THAT THE CONSUMER WOULD BE WAIVING HIS/HER RIGHT TO A JURY TRIAL; HOWEVER, THE TERMS OF THE AGREEMENT WERE PERFECTLY CLEAR IN STATING THAT THE PARTIES WERE AGREEING TO "BINDING ARBITRATION". ACCORDINGLY,NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH CATO INSTITUTE IN ARGUING THAT THE NEW JERSEY SUPREME COURTS DECISION UNDERMINES THE NATIONAL POLICY OF ENFORCING ARBITRATION AGREEMENTS BY THEIR TERMS. AND OF GREATER CONCERN, THE BRIEF ARGUED THAT NEW JERSEYS RULE HAS NATIONWIDE IMPLICATIONS BECAUSE ANY COMPANY DOING BUSINESS WITH A NEW JERSEY CUSTOMER MUST EMPLOY SPECIAL LANGUAGE IN FUTURE ARBITRATION AGREEMENTS. STATUS: DECIDED. AMICUS BRIEF FILED 2/23/15. PETITION DENIED 6/8/15. UPMC SHADYSIDE V. NLRB LABOR U.S. COURT OF APPEALS FOR THE THIRD CIRCUIT UPMC AND UPMC PRESBYTERIAN SHADYSIDE FILED AN APPEAL INVOLVING TWO ISSUES: (1) WHETHER A DISTRICT COURT HAS THE POWER TO MODIFY BROAD SUBPOENAS ISSUED BY AN ADMINISTRATIVE AGENCY (HERE, THE NATIONAL LABOR RELATIONS BOARD); AND (2) WHETHER THE NLRB CAN HOLD ONE PARENT ENTITY RESPONSIBLE FOR THE ALLEGED UNFAIR LABOR PRACTICES OF ANOTHER SEPARATELY-INCORPORATED AND SEPARATELY-OPERATED SUBSIDIARY COMPANY UNDER A "SINGLE EMPLOYER" THEORY OF LIABILITY. STATUS: PENDING. AMICUS BRIEF FILED 4/15/15. WEST VIRGINIA V. EPA ENVIRONMENTAL/REGULATORY U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT NFIB SMALL BUSINESS LEGAL CENTER JOINED A COALITION OF BUSINESS GROUPS IN A LAWSUIT TO INVALIDATE THE EPAS NEW POWER PLANT RULE, WHICH FORCES STATES TO SHUT DOWN MANY OF THEIR ELECTRIC ENERGY GENERATORS IN FAVOR OF COSTLY AND ALTERNATIVES THAT MIGHT NOT BE AS RELIABLE. THE POWER PLANT REGULATION IS PART OF THE ADMINISTRATIONS SO-CALLED CLEAN POWER PLAN. IT FORCES STATES TO SHUTTER COAL-POWER ELECTRICITY GENERATORS, WHICH SUPPLY MOST OF AMERICAS ELECTRICITY, AND SUBMIT PLANS FOR MORE ALTERNATIVE ENERGY SOURCES. EVEN THE ADMINISTRATION EXPECTS THE REGULATION TO DRIVE UP THE COST OF ELECTRICITY, THE IMPACT OF WHICH WILL FALL HARD ON SMALL BUSINESSES THAT DEPEND HEAVILY ON AFFORDABLE ENERGY. STATUS: PENDING. NFIBS PETITION FILED 10/23/15. YAAKOV V. FCC LEGAL REFORM U.S. COURT OF APPEALS FOR THE DC CIRCUIT NFIBS LEGAL CENTER AMICUS BRIEF ARGUED THAT THE FCCS SOLICITED FAX RULE EXCEEDS THE FCCS STATUTORY AUTHORITY, PARTICULARLY UNDER THE FIRST AMENDMENT. IF THE COURT AGREES AND VACATES THE SOLICITED FAX RULE, NFIBS MEMBERS WILL NO LONGER BE SUBJECT TO CLASS-ACTION LAWSUITS FOR VIOLATING THIS FCC RULE. STATUS: PENDING. AMICUS BRIEF FILED 5/22/15. |
| 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 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. |
| 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 | PART VI, SECTION B: POLICIES, LINE 15 THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS OF NFIB IS RESPONSIBLE FOR DETERMINING COMPENSATION FOR THE CEO, CFO, SECRETARY AND SVPS OF THE ORGANIZATION. THE TREASURER'S AND EXECUTIVE DIRECTOR'S COMPENSATION IS REVIEWED AND SET BY THE CEO. IN OCTOBER 2015, 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 COMMITTEE RELIES ON THIS INDEPENDENT REVIEW TO ENSURE THAT REASONABLE COMPENSATION IS PAID TO THE CEO, CFO, SECRETARY AND SVPS. 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 SVPs 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. |
| DOCUMENTS AVAILABLE TO THE PUBLIC | 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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