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NFIB SMALL BUSINEES LEGAL CENTER: Form 990, tax year 2012

View the entire original 990 at ProPublica ↗

Organization
NFIB SMALL BUSINEES LEGAL CENTER (EIN 62-1570449)
Tax period
2012-01-01 to 2012-12-31
Filed
2013-05-07
IRS object ID
201301279349301515
Schema version
2012v2.1
Source
Download XML · Original 990 at ProPublica

Every field in the e-filed return. Faint text is the IRS element name, for citing.

Return header ReturnHeader

FieldValueIRS element (for citing)
Timestamp2013-05-07T16:04:16-05:00Timestamp
Tax Period End Date2012-12-31TaxPeriodEndDate

Preparer Firm PreparerFirm

Preparer Firm Business Name PreparerFirmBusinessName

FieldValueIRS element (for citing)
Business Name Line1KPMG LLPBusinessNameLine1

Preparer Firm US Address PreparerFirmUSAddress

FieldValueIRS element (for citing)
Address Line1401 Commerce Street Suite 1000AddressLine1
CityNashvilleCity
StateTNState
ZIP Code37219ZIPCode
FieldValueIRS element (for citing)
Return Type990ReturnType
Tax Period Begin Date2012-01-01TaxPeriodBeginDate

Filer Filer

FieldValueIRS element (for citing)
EIN621570449EIN

Name Name

FieldValueIRS element (for citing)
Business Name Line1NFIB SMALL BUSINESS LEGAL CENTERBusinessNameLine1
FieldValueIRS element (for citing)
In Care Of Name% JEFF SMITHInCareOfName
Name ControlNFIBNameControl
Phone6158725800Phone

US Address USAddress

FieldValueIRS element (for citing)
Address Line153 CENTURY BOULEVARDAddressLine1
Address Line2Suite 250AddressLine2
CityNASHVILLECity
StateTNState
ZIP Code372143682ZIPCode

Officer Officer

FieldValueIRS element (for citing)
NameJEFF SMITHName
TitleTREASURERTitle
Phone6158725800Phone
Date Signed2013-05-07DateSigned

Preparer Preparer

FieldValueIRS element (for citing)
Phone6152441602Phone
FieldValueIRS element (for citing)
Tax Year2012TaxYear
Build TS2016-02-25 16:41:14ZBuildTS

Form 990 IRS990

FieldValueIRS element (for citing)
Name Of Principal Officer PersonDONALD A DANNERNameOfPrincipalOfficerPerson

Address Principal Officer US AddressPrincipalOfficerUS

FieldValueIRS element (for citing)
Address Line11201 F ST NW SUITE 200AddressLine1
CityWASHINGTONCity
StateDCState
ZIP Code20004ZIPCode
FieldValueIRS element (for citing)
Gross Receipts2080692GrossReceipts
Group Return For AffiliatesfalseGroupReturnForAffiliates
Organization501c3XOrganization501c3
Web SiteWWW.NFIB.COM/LEGALWebSite
Type Of Organization CorporationXTypeOfOrganizationCorporation
Year Formation1994YearFormation
State Legal DomicileTNStateLegalDomicile
Activity Or Mission DescriptionTHE NFIB SMALL BUSINESS LEGAL CENTER'S MISSION IS TO BE THE VOICE FOR SMALL BUSINESS IN THE NATION'S COURTS AND THE LEGAL RESOURCE FOR SMALL BUSINESS OWNERS NATIONWIDE.ActivityOrMissionDescription
Nbr Voting Members Governing Body14NbrVotingMembersGoverningBody
Nbr Independent Voting Members13NbrIndependentVotingMembers
Total Nbr Employees3TotalNbrEmployees
Total Nbr Volunteers20TotalNbrVolunteers
Total Gross UBI0TotalGrossUBI
Net Unrelated Business Txbl Income0NetUnrelatedBusinessTxblIncome
Contributions Grants Prior Year3108877ContributionsGrantsPriorYear
Contributions Grants Current Year2080333ContributionsGrantsCurrentYear
Program Service Revenue Prior Year0ProgramServiceRevenuePriorYear
Program Service Revenue CY0ProgramServiceRevenueCY
Investment Income Prior Year551InvestmentIncomePriorYear
Investment Income Current Year359InvestmentIncomeCurrentYear
Other Revenue Prior Year0OtherRevenuePriorYear
Other Revenue Current Year0OtherRevenueCurrentYear
Total Revenue Prior Year3109428TotalRevenuePriorYear
Total Revenue Current Year2080692TotalRevenueCurrentYear
Grants And Similar Amnts Prior Year0GrantsAndSimilarAmntsPriorYear
Grants And Similar Amnts CY0GrantsAndSimilarAmntsCY
Benefits Paid To Members Prior Year0BenefitsPaidToMembersPriorYear
Benefits Paid To Members CY0BenefitsPaidToMembersCY
Salaries Etc Prior Year541732SalariesEtcPriorYear
Salaries Etc Current Year617955SalariesEtcCurrentYear
Total Prof Fundrsng Exp Prior Year10280TotalProfFundrsngExpPriorYear
Total Prof Fundrsng Exp CY37249TotalProfFundrsngExpCY
Total Fundrsng Exp Current Year252926TotalFundrsngExpCurrentYear
Other Expense Prior Year2404307OtherExpensePriorYear
Other Expenses Current Year1455103OtherExpensesCurrentYear
Total Expenses Prior Year2956319TotalExpensesPriorYear
Total Expenses Current Year2110307TotalExpensesCurrentYear
Revenues Less Expenses Prior Year153109RevenuesLessExpensesPriorYear
Revenues Less Expenses CY-29615RevenuesLessExpensesCY
Total Assets BOY700084TotalAssetsBOY
Total Assets EOY394797TotalAssetsEOY
Total Liabilities BOY376636TotalLiabilitiesBOY
Total Liabilities EOY100964TotalLiabilitiesEOY
Net Assets Or Fund Balances BOY323448NetAssetsOrFundBalancesBOY
Net Assets Or Fund Balances EOY293833NetAssetsOrFundBalancesEOY
Info In Schedule O Part IIIXInfoInScheduleOPartIII
Mission DescriptionTHE NFIB SMALL BUSINESS LEGAL CENTER IS A NONPROFIT PUBLIC BENEFIT CORPORATION CREATED UNDER THE TENNESSEE NONPROFIT CORPORATION ACT. IT IS ORGANIZED EXCLUSIVELY FOR CHARITABLE, EDUCATIONAL, AND SCIENTIFIC PURPOSES AS PERMITTED BY SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"), INCLUDING, FOR SUCH PURPOSES, MAKING DISTRIBUTIONS TO ORGANIZATIONS THAT QUALIFY AS EXEMPT ORGANIZATIONS UNDER SECTION 501(C)(3) OF THE CODE. THE LEGAL CENTER IS A SUPPORTING ORGANZIATION PURSUANT TO SECTION 509(A)(3) OF THE CODE AND IS ORGANIZED AND OPERATED FOR THE BENEFIT OF NATIONAL FEDERATION OF INDEPENDENT BUSINESS ("NFIB"), WHICH IS A 501(C)(6) ORGANIZATION. THE LEGAL CENTER IS ORGANIZED TO CARRY ON CHARITABLE ACTIVITIES OF PROVIDING LEGAL EDUCATION AND REPRESENTATION ON ISSUES OF BROAD PUBLIC INTEREST.MissionDescription
Significant New Program ServicesfalseSignificantNewProgramServices
Significant ChangefalseSignificantChange
Expense1817437Expense
Grants0Grants
Revenue0Revenue
DescriptionSEE SCHEDULE O FOR SUMMARY OF 2012 CASESDescription
Total Program Service Expense1817437TotalProgramServiceExpense
Described In501 C3trueDescribedIn501C3
Schedule B RequiredtrueScheduleBRequired
Political ActivitiesfalsePoliticalActivities
Lobbying ActivitiesfalseLobbyingActivities
Subject To Proxy TaxfalseSubjectToProxyTax
Donor Advised FundsfalseDonorAdvisedFunds
Conservation EasementsfalseConservationEasements
Collections Of ArtfalseCollectionsOfArt
Credit CounselingfalseCreditCounseling
Term Or Permanent EndowmentsfalseTermOrPermanentEndowments
Report Land Bldg EquipfalseReportLandBldgEquip
Report Invest Oth SecuritiesfalseReportInvestOthSecurities
Report Prog Rel InvestfalseReportProgRelInvest
Report Other AssetsfalseReportOtherAssets
Report Other LiabilitiestrueReportOtherLiabilities
Report Fin48 FootnotetrueReportFin48Footnote
Independent Audit Financial StmttrueIndependentAuditFinancialStmt
Consolidated Audit Financial StmttrueConsolidatedAuditFinancialStmt
SchoolfalseSchool
Foreign OfficefalseForeignOffice
Foreign ActivitiesfalseForeignActivities
More Than5000 K To OrganizationsfalseMoreThan5000KToOrganizations
More Than5000 K To IndividualsfalseMoreThan5000KToIndividuals
Professional FundraisingtrueProfessionalFundraising
Fundraising ActivitiesfalseFundraisingActivities
GamingfalseGaming
HospitalfalseHospital
Grants To OrganizationsfalseGrantsToOrganizations
Grants To IndividualsfalseGrantsToIndividuals
Schedule J RequiredtrueScheduleJRequired
Tax Exempt BondsfalseTaxExemptBonds
Excess Benefit TransactionfalseExcessBenefitTransaction
Prior Excess Benefit TransactionfalsePriorExcessBenefitTransaction
Loan To Officer Or DQPfalseLoanToOfficerOrDQP
Grant To Related PersonfalseGrantToRelatedPerson
Bsnss Rltnshp With OrganizationfalseBsnssRltnshpWithOrganization
Bsnss Rltnshp Thru Family MemberfalseBsnssRltnshpThruFamilyMember
Officer Entity With Bsnss RltnshpfalseOfficerEntityWithBsnssRltnshp
Deductible Non Cash ContributionsfalseDeductibleNonCashContributions
Deductible Contributions Of ArtfalseDeductibleContributionsOfArt
TerminatedfalseTerminated
Partial LiquidationfalsePartialLiquidation
Disregarded EntityfalseDisregardedEntity
Related EntitytrueRelatedEntity
Related Org Controlled EntitytrueRelatedOrgControlledEntity
Transaction Related EntitytrueTransactionRelatedEntity
Transfers To Exempt Non Chrtbl OrgtrueTransfersToExemptNonChrtblOrg
Activities Conducted PartnershipfalseActivitiesConductedPartnership
Schedule O RequiredtrueScheduleORequired
Number Forms Transmitted With109616NumberFormsTransmittedWith1096
Number W2 G Included0NumberW2GIncluded
Compliance With Backup WitholdingtrueComplianceWithBackupWitholding
Number Of Employees3NumberOfEmployees
Employment Tax Returns FiledtrueEmploymentTaxReturnsFiled
Unrelated Business IncomefalseUnrelatedBusinessIncome
Foreign Financial AccountfalseForeignFinancialAccount
Prohibited Tax Shelter TransfalseProhibitedTaxShelterTrans
Taxable Party NotificationfalseTaxablePartyNotification
Non Deductible ContributionsfalseNonDeductibleContributions
Quid Pro Quo ContributionsfalseQuidProQuoContributions
Form8282 Property Disposed OffalseForm8282PropertyDisposedOf
Funds To Pay PremiumsfalseFundsToPayPremiums
Premiums PaidfalsePremiumsPaid
Indoor Tanning ServicesfalseIndoorTanningServices
Info In Schedule O Part VIXInfoInScheduleOPartVI
Nbr Voting Governing Body Members14NbrVotingGoverningBodyMembers
Number Independent Voting Members13NumberIndependentVotingMembers
Family Or Business RelationshipfalseFamilyOrBusinessRelationship
Delegation Of Management DutiesfalseDelegationOfManagementDuties
Changes To Organizing DocsfalseChangesToOrganizingDocs
Material Diversion Or MisusefalseMaterialDiversionOrMisuse
Members Or StockholdersfalseMembersOrStockholders
Election Of Board MembersfalseElectionOfBoardMembers
Decisions Subject To ApprovalfalseDecisionsSubjectToApproval
Minutes Of Governing BodytrueMinutesOfGoverningBody
Minutes Of CommitteestrueMinutesOfCommittees
Officer Mailing AddressfalseOfficerMailingAddress
Local ChaptersfalseLocalChapters
Form990 Provided To Governing BodyfalseForm990ProvidedToGoverningBody
Conflict Of Interest PolicytrueConflictOfInterestPolicy
Annual Disclosure Covered PersonstrueAnnualDisclosureCoveredPersons
Regular Monitoring EnforcementtrueRegularMonitoringEnforcement
Whistleblower PolicytrueWhistleblowerPolicy
Document Retention PolicytrueDocumentRetentionPolicy
Compensation Process CEOtrueCompensationProcessCEO
Compensation Process OtherfalseCompensationProcessOther
Investment In Joint VenturefalseInvestmentInJointVenture
States Where Copy Of Return Is FiledALStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledAKStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledAZStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledARStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledCAStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledCOStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledCTStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledDCStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledFLStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledGAStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledHIStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledILStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledKSStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledKYStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledMEStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledMDStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledMAStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledMIStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledMNStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledMSStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledNHStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledNJStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledNMStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledNYStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledNCStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledNDStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledOHStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledOKStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledORStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledPAStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledRIStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledSCStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledTNStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledUTStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledVAStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledWAStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledWVStatesWhereCopyOfReturnIsFiled
States Where Copy Of Return Is FiledWIStatesWhereCopyOfReturnIsFiled
Upon RequestXUponRequest

The Books Are In Care Of TheBooksAreInCareOf

FieldValueIRS element (for citing)
Name PersonJEFF SMITHNamePerson
Telephone Number6158725800TelephoneNumber

Address US AddressUS

FieldValueIRS element (for citing)
Address Line153 CENTURY BLVD SUITE 250AddressLine1
CityNASHVILLECity
StateTNState
ZIP Code372143682ZIPCode
FieldValueIRS element (for citing)
Info In Schedule O Part VIIXInfoInScheduleOPartVII

Form990 Part VII Section A Form990PartVIISectionA (20 entries)

TitleTitleAverage Hours Per WeekAverageHoursPerWeekAverage Hours Per Week RelatedAverageHoursPerWeekRelatedIndividual Trustee Or DirectorIndividualTrusteeOrDirectorReportable Comp From OrganizationReportableCompFromOrganizationReportable Comp From Related OrgsReportableCompFromRelatedOrgsOther CompensationOtherCompensationOfficerOfficerHighest Compensated EmployeeHighestCompensatedEmployee
DAVID M GUERNSEY
CHAIRMAN1.01.0X034000203
TIM CLAYTON
DIRECTOR1.01.0X017200203
RUTH LOPEZ NOVODOR
DIRECTOR1.01.0X016200203
A JUNE LENNON
DIRECTOR1.01.0X022000135
THOMAS MICHAEL NOBIS
DIRECTOR1.01.0X022000203
MARIA COAKLEY DAVID
DIRECTOR1.01.0X022000203
NEVIN GROCE
DIRECTOR1.01.0X022000203
BETTY NEIGHBORS
DIRECTOR1.01.0X017751203
KURT SUMMERS
DIRECTOR1.01.0X022297203
JAMES HERR
DIRECTOR1.01.0X017200203
BRUCE O'DONOGHUE
DIRECTOR1.01.0X017200203
STEVE SCHRAMM
DIRECTOR1.01.0X017200203
JEFF READY
DIRECTOR1.01.0X017200203
DONALD A DANNER
PRESIDENT/CEO1.039.0X075062629789X
MARY BLASINSKY
SVP/SECRETARY1.039.0030878433767X
TAMMY S BOEHMS
SVP/CFO1.039.0039335323429X
JEFF SMITH
TREASURER1.039.0018413817936X
SUSAN M ECKERLY
SVP1.039.0032687230024X
KAREN R HARNED
EXECUTIVE DIRECTOR40.00.0220587016815X
BETH MILITO
SENIOR EXECUTIVE COUNSEL40.00.017727507103X
FieldValueIRS element (for citing)
Total Reportable Comp From Org397862TotalReportableCompFromOrg
Total Reportable Comp Frm Rltd Orgs2228021TotalReportableCompFrmRltdOrgs
Total Other Compensation161434TotalOtherCompensation
Number Individuals GT100 K2NumberIndividualsGT100K
Formers ListedfalseFormersListed
Total Comp GT150 KtrueTotalCompGT150K
Compensation From Other SourcesfalseCompensationFromOtherSources

Contractor Compensation ContractorCompensation (2 entries)

Address Line1AddressOfContractor/AddressUS/AddressLine1CityAddressOfContractor/AddressUS/CityStateAddressOfContractor/AddressUS/StateZIP CodeAddressOfContractor/AddressUS/ZIPCodeDescription Of ServicesDescriptionOfServicesCompensationCompensation
JONES DAY
51 LOUISIANA AVE NWWASHINGTONDC20001LEGAL SERVICE634270
CREATIVE RESPONSE CONCEPTS
2760 EISENHOWER AVE 4TH FLOORALEXANDRIAVA22314PUBLIC RELATIONS236123
FieldValueIRS element (for citing)
Number Of Contractors GT100 K2NumberOfContractorsGT100K
Related Organizations388440RelatedOrganizations
All Other Contributions1691893AllOtherContributions
Total Contributions2080333TotalContributions
Total Program Service Revenue0TotalProgramServiceRevenue

Investment Income InvestmentIncome

FieldValueIRS element (for citing)
Total Revenue Column359TotalRevenueColumn
Related Or Exempt Function Income0RelatedOrExemptFunctionIncome
Unrelated Business Revenue0UnrelatedBusinessRevenue
Exclusion$359ExclusionAmount

Income From Invest Bond Proceeds IncomeFromInvestBondProceeds

FieldValueIRS element (for citing)
Total Revenue Column0TotalRevenueColumn

Royalties Revenue RoyaltiesRevenue

FieldValueIRS element (for citing)
Total Revenue Column0TotalRevenueColumn

Rental Income Or Loss RentalIncomeOrLoss

FieldValueIRS element (for citing)
Real0Real
Personal0Personal

Net Rental Income Or Loss NetRentalIncomeOrLoss

FieldValueIRS element (for citing)
Total Revenue Column0TotalRevenueColumn

Net Gain Or Loss Investments NetGainOrLossInvestments

FieldValueIRS element (for citing)
Total Revenue Column0TotalRevenueColumn

Net Income From Fundraising Events NetIncomeFromFundraisingEvents

FieldValueIRS element (for citing)
Total Revenue Column0TotalRevenueColumn

Net Income From Gaming NetIncomeFromGaming

FieldValueIRS element (for citing)
Total Revenue Column0TotalRevenueColumn

Net Income Or Loss NetIncomeOrLoss

FieldValueIRS element (for citing)
Total Revenue Column0TotalRevenueColumn
FieldValueIRS element (for citing)
Total Other Revenue0TotalOtherRevenue

Total Revenue TotalRevenue

FieldValueIRS element (for citing)
Total Revenue Column2080692TotalRevenueColumn
Related Or Exempt Function Income0RelatedOrExemptFunctionIncome
Unrelated Business Revenue0UnrelatedBusinessRevenue
Exclusion$359ExclusionAmount
FieldValueIRS element (for citing)
Info In Schedule O Part IXXInfoInScheduleOPartIX

Grants To Domestic Orgs GrantsToDomesticOrgs

FieldValueIRS element (for citing)
Total0Total

Grants To Domestic Individuals GrantsToDomesticIndividuals

FieldValueIRS element (for citing)
Total0Total

Foreign Grants ForeignGrants

FieldValueIRS element (for citing)
Total0Total

Benefits To Members BenefitsToMembers

FieldValueIRS element (for citing)
Total0Total

Comp Current Officers Directors CompCurrentOfficersDirectors

FieldValueIRS element (for citing)
Total237402Total
Program Services237402ProgramServices
Management And General0ManagementAndGeneral
Fundraising0Fundraising

Comp Disqual Persons CompDisqualPersons

FieldValueIRS element (for citing)
Total0Total

Other Salaries And Wages OtherSalariesAndWages

FieldValueIRS element (for citing)
Total277916Total
Program Services277916ProgramServices

Pension Plan Contributions PensionPlanContributions

FieldValueIRS element (for citing)
Total0Total

Other Employee Benefits OtherEmployeeBenefits

FieldValueIRS element (for citing)
Total75640Total
Program Services75640ProgramServices

Payroll Taxes PayrollTaxes

FieldValueIRS element (for citing)
Total26997Total
Program Services26997ProgramServices
Management And General0ManagementAndGeneral
Fundraising0Fundraising

Fees For Services Management FeesForServicesManagement

FieldValueIRS element (for citing)
Total0Total

Fees For Services Legal FeesForServicesLegal

FieldValueIRS element (for citing)
Total846319Total
Program Services839318ProgramServices
Management And General0ManagementAndGeneral
Fundraising7001Fundraising

Fees For Services Accounting FeesForServicesAccounting

FieldValueIRS element (for citing)
Total11850Total
Program Services0ProgramServices
Management And General11850ManagementAndGeneral
Fundraising0Fundraising

Fees For Services Lobbying FeesForServicesLobbying

FieldValueIRS element (for citing)
Total0Total

Fees For Services Prof Fundraising FeesForServicesProfFundraising

FieldValueIRS element (for citing)
Total37249Total
Fundraising37249Fundraising

Fees For Services Invst Mgmnt Fees FeesForServicesInvstMgmntFees

FieldValueIRS element (for citing)
Total0Total

Fees For Services Other FeesForServicesOther

FieldValueIRS element (for citing)
Total328382Total
Program Services238600ProgramServices
Management And General1232ManagementAndGeneral
Fundraising88550Fundraising

Advertising Advertising

FieldValueIRS element (for citing)
Total59416Total
Program Services56916ProgramServices
Management And General0ManagementAndGeneral
Fundraising2500Fundraising

Office Expenses OfficeExpenses

FieldValueIRS element (for citing)
Total178834Total
Program Services43113ProgramServices
Management And General18095ManagementAndGeneral
Fundraising117626Fundraising

Information Technology InformationTechnology

FieldValueIRS element (for citing)
Total0Total

Royalties Royalties

FieldValueIRS element (for citing)
Total0Total

Occupancy Occupancy

FieldValueIRS element (for citing)
Total0Total

Travel Travel

FieldValueIRS element (for citing)
Total26498Total
Program Services19325ProgramServices
Management And General7173ManagementAndGeneral
Fundraising0Fundraising

Travel Entrtnmnt Public Officials TravelEntrtnmntPublicOfficials

FieldValueIRS element (for citing)
Total0Total

Conferences Meetings ConferencesMeetings

FieldValueIRS element (for citing)
Total3804Total
Program Services2210ProgramServices
Management And General1594ManagementAndGeneral
Fundraising0Fundraising

Interest Interest

FieldValueIRS element (for citing)
Total0Total

Payments To Affiliates PaymentsToAffiliates

FieldValueIRS element (for citing)
Total0Total

Depreciation Depletion DepreciationDepletion

FieldValueIRS element (for citing)
Total0Total

Insurance Insurance

FieldValueIRS element (for citing)
Total0Total

Total Functional Expenses TotalFunctionalExpenses

FieldValueIRS element (for citing)
Total2110307Total
Program Services1817437ProgramServices
Management And General39944ManagementAndGeneral
Fundraising252926Fundraising

Cash Non Interest Bearing CashNonInterestBearing

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Savings And Temp Cash Investments SavingsAndTempCashInvestments

FieldValueIRS element (for citing)
BOY572932BOY
EOY375664EOY

Pledges And Grants Receivable PledgesAndGrantsReceivable

FieldValueIRS element (for citing)
BOY8798BOY
EOY15030EOY

Accounts Receivable AccountsReceivable

FieldValueIRS element (for citing)
BOY541BOY
EOY0EOY

Receivables From Officers Etc ReceivablesFromOfficersEtc

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Receivables From Disqual Persons ReceivablesFromDisqualPersons

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Other Notes Loans Receivable Net OtherNotesLoansReceivableNet

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Inventories For Sale Or Use InventoriesForSaleOrUse

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Prepaid Expenses Deferred Charges PrepaidExpensesDeferredCharges

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Land Buildings Equipment Basis Net LandBuildingsEquipmentBasisNet

FieldValueIRS element (for citing)
BOY0BOY

Investments Pub Traded Securities InvestmentsPubTradedSecurities

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Investments Other Securities InvestmentsOtherSecurities

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Investments Program Related InvestmentsProgramRelated

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Intangible Assets IntangibleAssets

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Other Assets Total OtherAssetsTotal

FieldValueIRS element (for citing)
BOY117813BOY
EOY4103EOY

Total Assets TotalAssets

FieldValueIRS element (for citing)
BOY700084BOY
EOY394797EOY

Accounts Payable Accrued Expenses AccountsPayableAccruedExpenses

FieldValueIRS element (for citing)
BOY341119BOY
EOY70211EOY

Grants Payable GrantsPayable

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Deferred Revenue DeferredRevenue

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Tax Exempt Bond Liabilities TaxExemptBondLiabilities

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Escrow Account Liability EscrowAccountLiability

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Loans From Officers Directors LoansFromOfficersDirectors

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Mort Notes Pybl Secured Invest Prop MortNotesPyblSecuredInvestProp

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Unsecured Notes Loans Payable UnsecuredNotesLoansPayable

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Other Liabilities OtherLiabilities

FieldValueIRS element (for citing)
BOY35517BOY
EOY30753EOY

Total Liabilities TotalLiabilities

FieldValueIRS element (for citing)
BOY376636BOY
EOY100964EOY
FieldValueIRS element (for citing)
Follow SFAS117XFollowSFAS117

Unrestricted Net Assets UnrestrictedNetAssets

FieldValueIRS element (for citing)
BOY323448BOY
EOY293833EOY

Temporarily Restricted Net Assets TemporarilyRestrictedNetAssets

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Permanently Restricted Net Assets PermanentlyRestrictedNetAssets

FieldValueIRS element (for citing)
BOY0BOY
EOY0EOY

Total Net Assets Fund Balances TotalNetAssetsFundBalances

FieldValueIRS element (for citing)
BOY323448BOY
EOY293833EOY

Total Liab Net Assets Fund Balances TotalLiabNetAssetsFundBalances

FieldValueIRS element (for citing)
BOY700084BOY
EOY394797EOY
FieldValueIRS element (for citing)
Reconcilation Revenue Expenses-29615ReconcilationRevenueExpenses
Method Of Accounting AccrualXMethodOfAccountingAccrual
Accountant Compile Or ReviewfalseAccountantCompileOrReview
FS AuditedtrueFSAudited

FS Audited Basis FSAuditedBasis

FieldValueIRS element (for citing)
Financial Statement BothXFinancialStatementBoth
FieldValueIRS element (for citing)
Audit CommitteetrueAuditCommittee
Federal Grant Audit RequiredfalseFederalGrantAuditRequired

Schedule A IRS990ScheduleA

FieldValueIRS element (for citing)
Supporting Organization509a3XSupportingOrganization509a3
Supporting Org509a3 Type1XSupportingOrg509a3Type1
Certification CheckboxXCertificationCheckbox
Contrib By Controlling IndividualfalseContribByControllingIndividual
Contribution By Related PartyfalseContributionByRelatedParty
Contrib By35 Controlled EntityfalseContribBy35ControlledEntity

Supported Org Information SupportedOrgInformation

Name Name

FieldValueIRS element (for citing)
Business Name Line1NFIB INCBusinessNameLine1
FieldValueIRS element (for citing)
EIN940707299EIN
Type Of Organization0TypeOfOrganization
Listed In Governing DoctrueListedInGoverningDoc
Amount$0Amount
FieldValueIRS element (for citing)
Total Number Of Supported Orgs1TotalNumberOfSupportedOrgs
Sum Of Amounts0SumOfAmounts

Schedule B IRS990ScheduleB

Contributor Info ContributorInfo

FieldValueIRS element (for citing)
Contributor NumberRESTRICTEDContributorNumber

Contributor Name Business ContributorNameBusiness

FieldValueIRS element (for citing)
Business Name Line1RESTRICTEDBusinessNameLine1

Contributor Address US ContributorAddressUS

FieldValueIRS element (for citing)
Address Line1RESTRICTEDAddressLine1
Address Line2RESTRICTEDAddressLine2
CityRESTRICTEDCity
StateRESTRICTEDState
ZIP CodeRESTRICTEDZIPCode
FieldValueIRS element (for citing)
Aggregate ContributionsRESTRICTEDAggregateContributions

Schedule D IRS990ScheduleD

FieldValueIRS element (for citing)
Art Public Exhibition AmtsArtPublicExhibitionAmts
Held Works Of Art AmtsHeldWorksOfArtAmts
Current Year Minus3 YearsCurrentYearMinus3Years
Current Year Minus4 YearsCurrentYearMinus4Years
LandLand
BuildingsBuildings
Leasehold ImprovementsLeaseholdImprovements
EquipmentEquipment
Other Land BuildingsOtherLandBuildings
Federal Income Tax Liability0FederalIncomeTaxLiability

Other Liabilities OtherLiabilities (2 entries)

DescriptionDescriptionAmountAmount
DUE TO AFFILIATES$11,144
VACATION ACCRUAL$19,609
FieldValueIRS element (for citing)
Total Of Amounts30753TotalOfAmounts
Footnote In Part XIIIXFootnoteInPartXIII
Tot Revenue Etc Audited Fincl Stmt2297717TotRevenueEtcAuditedFinclStmt
Donated Srvc And Use Of Facilities217025DonatedSrvcAndUseOfFacilities
Revenue Not Rptd F990217025RevenueNotRptdF990
Revenue Subtotal2080692RevenueSubtotal
Total Revenue Per Form9902080692TotalRevenuePerForm990
Tot Expenses Etc Audited Fincl Stmt2327332TotExpensesEtcAuditedFinclStmt
Donated Services Use Of Facilities217025DonatedServicesUseOfFacilities
Expenses Not Rptd F990217025ExpensesNotRptdF990
Expenses Subtotal2110307ExpensesSubtotal
Total Expenses Per Form9902110307TotalExpensesPerForm990

Form990 Schedule D Part XIII Form990ScheduleDPartXIII

FieldValueIRS element (for citing)
IdentifierFIN 48 (ASC TOPIC 740) FOOTNOTEIdentifier
Return ReferenceSCHEDULE D, XIIIReturnReference
ExplanationTHE LEGAL CENTER IS EXEMPT FROM THE PAYMENT OF INCOME TAXES ON RELATED INCOME UNDER THE PROVISIONS OF SECTION 501(A) OF THE INTERNAL REVENUE CODE AS AN ENTITY DESCRIBED UNDER 501(C)(3). THE LEGAL CENTER IS, HOWEVER, SUBJECT TO FEDERAL AND STATE INCOME TAX ON UNRELATED BUSINESS INCOME. THE LEGAL CENTER DID NOT HAVE ANY MATERIAL UNRELATED BUSINESS INCOME TAX LIABILITY FOR THE THE YEARS ENDED DECEMBER 31, 2012 AND 2011; NOR DID THE LEGAL CENTER HAVE ANY SIGNIFICANT UNCERTAIN TAX POSITIONS FOR THE YEARS ENDED DECEMBER 31, 2012 AND 2011.Explanation

Schedule G IRS990ScheduleG

FieldValueIRS element (for citing)
Mail SolicitationsXMailSolicitations
Email SolicitationsXEmailSolicitations
Phone SolicitationsXPhoneSolicitations
In Person SolicitationsXInPersonSolicitations
Agreement Ref FundraisingtrueAgreementRefFundraising

Fundraiser Activity Information FundraiserActivityInformation

FieldValueIRS element (for citing)
Name Of IndividualNATIONAL CAPITAL TELESERVICES LLCNameOfIndividual

Address US AddressUS

FieldValueIRS element (for citing)
Address Line1300 5TH ST NEAddressLine1
CityWASHINGTONCity
StateDCState
ZIP Code20002ZIPCode
FieldValueIRS element (for citing)
ActivityTELE MARKETINGActivity
Fundraiser Control Of FundsfalseFundraiserControlOfFunds
Gross Receipts39715GrossReceipts
Amount Retained By Contractor37249AmountRetainedByContractor
Net To Organization2466NetToOrganization
FieldValueIRS element (for citing)
Total Gross Receipts39715TotalGrossReceipts
Total Retained By Contractors37249TotalRetainedByContractors
Total Net To Organization2466TotalNetToOrganization
Licensed StatesALLicensedStates
Licensed StatesAKLicensedStates
Licensed StatesAZLicensedStates
Licensed StatesARLicensedStates
Licensed StatesCALicensedStates
Licensed StatesCOLicensedStates
Licensed StatesCTLicensedStates
Licensed StatesDELicensedStates
Licensed StatesDCLicensedStates
Licensed StatesFLLicensedStates
Licensed StatesGALicensedStates
Licensed StatesHILicensedStates
Licensed StatesIDLicensedStates
Licensed StatesILLicensedStates
Licensed StatesINLicensedStates
Licensed StatesIALicensedStates
Licensed StatesKSLicensedStates
Licensed StatesKYLicensedStates
Licensed StatesLALicensedStates
Licensed StatesMELicensedStates
Licensed StatesMDLicensedStates
Licensed StatesMALicensedStates
Licensed StatesMILicensedStates
Licensed StatesMNLicensedStates
Licensed StatesMSLicensedStates
Licensed StatesMOLicensedStates
Licensed StatesMTLicensedStates
Licensed StatesNELicensedStates
Licensed StatesNVLicensedStates
Licensed StatesNHLicensedStates
Licensed StatesNJLicensedStates
Licensed StatesNMLicensedStates
Licensed StatesNYLicensedStates
Licensed StatesNCLicensedStates
Licensed StatesNDLicensedStates
Licensed StatesOHLicensedStates
Licensed StatesOKLicensedStates
Licensed StatesORLicensedStates
Licensed StatesPALicensedStates
Licensed StatesRILicensedStates
Licensed StatesSCLicensedStates
Licensed StatesSDLicensedStates
Licensed StatesTNLicensedStates
Licensed StatesTXLicensedStates
Licensed StatesUTLicensedStates
Licensed StatesVTLicensedStates
Licensed StatesVALicensedStates
Licensed StatesWALicensedStates
Licensed StatesWVLicensedStates
Licensed StatesWILicensedStates
Licensed StatesWYLicensedStates

Schedule J IRS990ScheduleJ

FieldValueIRS element (for citing)
Discretionary Spending AccountXDiscretionarySpendingAccount
Written Policy Re T And E ExpensestrueWrittenPolicyReTAndEExpenses
Substantiation RequiredfalseSubstantiationRequired
Severance PaymentfalseSeverancePayment
Supplemental Nonqual Retire PlantrueSupplementalNonqualRetirePlan
Equity Based Comp ArrangementfalseEquityBasedCompArrangement
Comp Based On Revenue Of Filing OrgfalseCompBasedOnRevenueOfFilingOrg
Comp Based On Revenue Related OrgsfalseCompBasedOnRevenueRelatedOrgs
Comp Based Net Earnings Filing OrgfalseCompBasedNetEarningsFilingOrg
Comp Based Net Earnings Relate OrgsfalseCompBasedNetEarningsRelateOrgs
Any Non Fixed PaymentstrueAnyNonFixedPayments
Initial Contract ExceptionfalseInitialContractException

Form990 Schedule J Part II Form990ScheduleJPartII (7 entries)

TitleTitleBase Compensation Filing OrgBaseCompensationFilingOrgComp Based On Related OrgsCompBasedOnRelatedOrgsBonus Filing OrgBonusFilingOrgBonus Related OrgsBonusRelatedOrgsOther Compensation Filing OrgOtherCompensationFilingOrgOther Compensation Related OrgsOtherCompensationRelatedOrgsDeferred Comp Filing OrgDeferredCompFilingOrgDeferred Comp Related OrgsDeferredCompRelatedOrgsNontaxable Benefits Filing OrgNontaxableBenefitsFilingOrgNontaxable Benefits Related OrgsNontaxableBenefitsRelatedOrgsTotal Compensation Filing OrgTotalCompensationFilingOrgTotal Compensation Related OrgsTotalCompensationRelatedOrgsComp Report Prior990 Filing OrgCompReportPrior990FilingOrgComp Report Prior990 Related OrgsCompReportPrior990RelatedOrgs
DONALD A DANNER
PRESIDENT/CEO05238780180250046498011575018214078041500
MARY BLASINSKY
SVP/SECRETARY0219106075740013938014900018867034255100
TAMMY S BOEHMS
SVP/CFO0285594097528010231011538011891041678200
JEFF SMITH
TREASURER0154323028019017960916408772020207400
SUSAN M ECKERLY
SVP024001508291503942011332018692035689600
KAREN R HARNED
EXECUTIVE DIRECTOR18973602880002051022660145490237402000
BETH MILITO
SENIOR EXECUTIVE COUNSEL160342014906020270617909240184378000

Form990 Schedule J Part III Form990ScheduleJPartIII (4 entries)

IdentifierIdentifierReturn ReferenceReturnReferenceExplanationExplanation
DISCRETIONARY SPENDING ACCOUNTSCHEDULE J, PART I, LINE 1THE EXECUTIVE DIRECTOR AND SENIOR EXECUTIVE COUNSEL OF THE COMPANY RECEIVE CELLULAR PHONE/DATA SERVICE ALLOWANCE. IN COMPLIANCE WITH IRS CODE SECTION 132, THESE FRINGE BENEFITS ARE TREATED AS TAXABLE SALARY, SUBJECT TO WITHHOLDING, ON THE EMPLOYEE'S W-2.
COMPENSATION ESTABLISHED BY RELATED ORGANIZATIONSCHEDULE J, PART I, LINE 3NFIB SMALL BUSINESS LEGAL CENTER RELIES ON THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC., A RELATED ORGANIZATION, TO ESTABLISH THE CEO/EXECUTIVE DIRECTOR'S COMPENSATION. NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. USES ONE OR MORE OF THE METHODS DESCRIBED ON SCHEDULE J, LINE 3 TO ESTABLISH THE CEO/EXECUTIVE DIRECTOR'S COMPENSATION.
SUPPLEMENTAL NONQUALIFIED RETIREMENT PLANSCHEDULE J, LINE 4BTHE NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. PROVIDES SUPPLEMENTAL EXECUTIVE RETIREMENT PLANS (SERPS). THESE NONQUALIFIED PLANS COVER CERTAIN KEY MANAGMENT AND EXECUTIVE PERSONNEL. PARTICIPATION IN ALL SERPS HAS BEEN FROZEN AND FUTURE BENEFIT ACCRUALS FOR THE PLANS HAVE CEASED. NO PAYMENTS WERE MADE TO ANY SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN IN 2012.
INCENTIVE COMPENSATION PLANSCHEDULE J, LINE 7THE EXECUTIVE DIRECTOR AND SENIOR EXECUTIVE COUNSEL OF NFIB SMALL BUSINESS LEGAL CENTER PARTICIPATE IN AN INCENTIVE COMPENSATION PLAN WITH A PORTION OF THE INCENTIVE BASED ON MANAGEMENT'S REVIEW OF THEIR PERFORMANCE DURING THE YEAR.

Schedule O IRS990ScheduleO

General Explanation GeneralExplanation (14 entries)

IdentifierIdentifierReturn ReferenceReturnReferenceExplanationExplanation
VOLUNTEERSFORM 990, PART I, LINE 6IN 2012, THE NFIB SMALL BUSINESS LEGAL CENTER USED THE SERVICES OF TWENTY VOLUNTEERS. THE LEGAL CENTER HAS A FOURTEEN MEMBER ADVISORY BOARD CONSISTING OF PRO BONO ATTORNEYS ADVISING THE LEGAL CENTER OF WHICH CASES TO GET INVOLVED IN HELPING SMALL BUSINESSES. THE LEGAL CENTER ALSO HAD SIX PRO BONO ATTORNEYS WRITE LEGAL BRIEFS FOR THE CENTER.
SUMMARY OF LEGAL CASES FOR 2012FORM 990, PART III, LINE 4aAPAC-TENNESSEE, INC. V. BRYANT - LIMITING NONECONOMIC DAMAGE AWARDS MISSISSIPPI SUPREME COURT APAC-TENNESSEE, INC. V. BRYANT CONCERNS THE CONSTITUTIONALITY OF THE MISSISSIPPI'S $1 MILLION LIMIT ON NONECONOMIC DAMAGES IN GENERAL CIVIL ACTIONS. NFIB SUPPORTS THE LIMIT ON NONECONOMIC DAMAGES IN THESE TYPES OF CASES. THIS IS THE SECOND APPEAL PENDING BEFORE THE MISSISSIPPI SUPREME COURT INVOLVING THE CONSTITUTIONALITY OF THE CAP. STATUS: PENDING. AMICUS BRIEF FILED. ARKANSAS GAME & FISH COMM. V. US - PROPERTY RIGHTS U.S. SUPREME COURT THE CASE WILL DECIDE WHETHER OR NOT PROPERTY OWNERS CAN BE COMPENSATED UNDER THE FIFTH AMENDMENT FOR DAMAGES CAUSED TO THEIR PROPERTY AS THE RESULT OF TEMPORARY GOVERNMENT INVASIONS (I.E. FLOODING, ETC.). HISTORICALLY, PROPERTY OWNERS FACE SIGNIFICANT LEGAL HURDLES WHEN SEEKING COMPENSATION FOR PROPERTY DAMAGE CAUSED BY SHORT-TERM GOVERNMENT POLICIES AND PROJECTS. STATUS: PENDING. AMICUS BRIEF FILED 7/3/12. AUTOMOTIVE UNITED TRADES ORGANIZATION (AUTO) V. WASHINGTON - GAS TAX CHALLENGE WASHINGTON SUPREME COURT VICTORY! GAS STATION OWNERS ARE SUING WASHINGTON FOR $90 MILLION IN FUEL TAX FUNDS THAT THEY SAY HAS BEEN UNLAWFULLY PAID TO INDIAN TRIBES. AUTO SEEKS TO STOP THE STATE FROM PAYING THE TRIBES REFUND ON THE GAS TAX BECAUSE THE TRIBES DID NOT PAY THE TAXES WHICH THE STATE IS ISSUING REFUNDS. THE TAX REFUNDS PERMIT TRIBAL GAS STATIONS TO SELL FUEL AT A MUCH LOWER PRICE (AROUND 5 CENTS PER GALLON LESS). MIXED IN WITH THIS IS A DIFFICULT PROCEDURAL ISSUE WHERE THE COUNTY JUDGE DISMISSED THE CASE SINCE TRIBES CANNOT BE SUED IN STATE OR FEDERAL COURT. HOWEVER, AUTO ARGUES THAT THE TRIBES ARE INDISPENSABLE PARTIES TO THE SUIT WHERE THE SUIT CANNOT BE LITIGATED FAIRLY AND COMPLETELY IN THEIR ABSENCE. STATUS: DECIDED. AMICUS BRIEF FILED 7/5/11. COURT GRANTED REVIEW 9/8/11. COURT RULED IN FAVOR OF PETITIONERS ON 8/30/12. BANKHEAD V. ARVINMERITOR - DEFENDING LIMITS ON PUNITIVE DAMAGES CALIFORNIA SUPREME COURT THIS DECISION ADDS TO THE DISARRAY IN CALIFORNIA COURTS AS TO HOW TO ASSESS A COMPANY'S FINANCIAL HEALTH IN ASSESSING A PUNITIVE DAMAGES AMOUNT. PLAINTIFFS ATTEMPT TO INFLATE A COMPANY'S ASSETS AND WORTH AND DIMINISH ITS LIABILITY TO SUPPORT A HIGHER PUNITIVE AWARD. WITH THIS OPINION, PLAINTIFF ATTORNEYS WOULD UNDERMINE THE NET WORTH OF A COMPANY WHEN IT SUITS THEM AND ENGAGE IN ATTEMPTS TO PRESENT EVIDENCE OF HOW MUCH THE CEO AND OTHER EXECUTIVES GET PAID, HOW MUCH OF CREDIT LINE A COMPANY HAS, AND OTHER EVIDENCE OF ASSETS WITHOUT CORRESPONDING DEFERENCE TO LIABILITIES. STATUS: DECIDED. AMICUS LETTER BRIEF FILED 6/4/12. COURT DECLINED REQUEST TO REVIEW PUNITIVE DAMAGE AWARD. BARABIN V. ASTENJOHNSON - ANY ASBESTOS EXPOSURE TOO SPECULATIVE TO HOLD DEFENDANT LIABLE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT VICTORY! PLAINTIFF BARABIN ARGUES THAT HE CAN SUE AND WIN BASED ON "ANY EXPOSURE" TO ASBESTOS NO MATTER HOW MINUTE. HERE, PLAINTIFF WAS EXPOSED TO ASBESTOS IN 1974 WHEN HE CAME INTO CONTACT WITH A PAPER MACHINE PART THAT CONTAINED TRACE AMOUNTS OF ASBESTOS, BUT HE IS UNABLE TO CONFIRM THAT DEFENDANT MANUFACTURED THE PART. STATUS: DECIDED. AMICUS BRIEF FILED 05/26/11. COURT VACATED JUDGMENT ON 11/16/12 AND ORDERED HEARING ON DAMAGES. BRINKER V. SUPERIOR COURT - EXPANSION OF MANDATORY MEAL AND REST BREAK CALIFORNIA SUPREME COURT VICTORY! VOIDING A TRIAL COURT'S 2006 DECISION THAT AN ESTIMATED 59,000 TO 63,000 CURRENT AND FORMER EMPLOYEES COULD JOIN A LAWSUIT AGAINST THE DALLAS-BASED COMPANY, THE CALIFORNIA 4TH DISTRICT COURT OF APPEAL RULED THAT EMPLOYER BRINKER ONLY HAD TO "MAKE AVAILABLE" MEAL AND REST BREAKS TO ITS WORKERS, NOT TO "ENSURE" THE BREAKS WERE TAKEN. THE APPELLATE COURT RULED THAT EMPLOYERS NEED ONLY MAKE MEAL BREAKS AVAILABLE TO EMPLOYEES; IF THE EMPLOYEE FOR SOME REASON DOESN'T WANT TO TAKE IT OR VOLUNTARILY WORKS THROUGH IT, THE EMPLOYER CANNOT BE PENALIZED. THE EMPLOYEES HAVE APPEALED THE DECISION TO THE STATE SUPREME COURT. STATUS: DECIDED. AMICUS BRIEF FILED ON 8/19/09. COURT RULED IN FAVOR OF BRINKER ON APRIL 12, 2012. CCA ASSOCIATES V. UNITED STATES - REGULATORY TAKING U.S. SUPREME COURT CERT PETITION THE COURT IS BEING ASKED TO DECIDE WHETHER THE UNITED STATES OWES JUST COMPENSATION BECAUSE IT PROHIBITED A SMALL BUSINESS FROM REDEVELOPING A RENTAL PROPERTY OVER THE COURSE OF AN EIGHT YEAR PERIOD, DURING WHICH TIME THE BUSINESS LOST OVER $700,000 IN NET INCOME. SMALL BUSINESSES ALL ACROSS THE COUNTRY FACE AN UPHILL BATTLE IN SEEKING COMPENSATION FOR GOVERNMENT REGULATIONS WHICH TAKE AWAY THE VALUE OF THEIR PROPERTIES. THE EXISTING TAKINGS TEST IS HIGHLY UNPREDICTABLE. THIS CASE PRESENTS AN OPPORTUNITY TO ENCOURAGE THE SUPREME COURT TO RETOOL THE TAKINGS TEST IN A WAY THAT IS FAIR TO LANDOWNERS. STATUS: PETITION FOR CERTIORARI DENIED ON 10/9/12. CHRISTOPHER V. SMITHKLINE BEECHAM - WAGE AND HOUR (FLSA) SUPREME COURT OF UNITED STATES THE CASE CENTERS AROUND THE FAIR LABOR STANDARDS ACT, WHICH STATES EMPLOYERS ARE EXEMPT FROM PAYING OVERTIME TO "OUTSIDE SALESMEN." THE DEPARTMENT OF LABOR'S WAGE AND HOUR DIVISION IS RE-INTERPRETING THE LAW TO COMPEL THE RESPONDENT, GLAXOSMITHKLINE TO PAY OVERTIME TO THE PETITIONERS, WHOM THE EMPLOYER CONSIDERED "OUTSIDE SALESMEN" FOR THE PHARMACEUTICAL COMPANY. IF THE PETITIONER IS SUCCESSFUL, IT WOULD GIVE BROAD POWER TO THE DEPARTMENT OF LABOR TO MAKE RULES BY RE-INTERPRETING STATUTE, AND WOULD COMPEL SMALL BUSINESSES TO PAY OVERTIME TO OUTSIDE SALESMEN, CONTRARY TO THE FAIR LABOR STANDARDS ACT. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF SMITHKLINE ON 3/27/12; ORAL ARGUMENTS OCCURRED ON 4/16/12 CHERRY V. SHAW COASTAL - LABOR & EMPLOYMENT AND TITLE VII U.S. FIFTH CIRCUIT COURT OF APPEALS THE DISTRICT COURT DISMISSED PLAINTIFF'S LAWSUIT BROUGHT UNDER TITLE VII CLAIMING A SAME-SEX HOSTILE WORK ENVIRONMENT. WHILE NFIB CONCEDES THE EMPLOYEE ACCUSED OF CREATING THE HOSTILE ENVIRONMENT WAS APPROPRIATELY TERMINATED AND THAT HIS CONDUCT WAS RUDE AND OBNOXIOUS, NFIB BELIEVES HIS CONDUCT DOES NOT REPRESENT AN ACTIONABLE LEGAL CLAIM UNDER TITLE VII. NFIB URGED THE FIFTH CIRCUIT TO REINFORCE THE WELL-SETTLED PRINCIPLE THAT TITLE VII IS NOT A GENERAL CIVILITY CODE. CONDUCT MUST BE SEVERE OR PERSUASIVE TO BE ACTIONABLE. STATUS: PENDING. AMICUS BRIEF FILED 6/22/11. 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: PENDING. AMICUS BRIEF FILED 11/26/12. ORAL ARGUMENT SET FOR 1/16/13. COLE V. HARVEYLAND - STATE EMPLOYMENT LAW EXEMPTION FOR SMALL BUSINESS WASHINGTON COURT OF APPEALS THE ISSUE IS WHETHER WASHINGTON COURTS HAVE JURISDICTION TO HEAR EMPLOYMENT DISCRIMINATION SUITS AGAINST EMPLOYERS WITH FEWER THAN EIGHT EMPLOYEES. THE WASHINGTON LAW AGAINST DISCRIMINATION SAYS THAT SMALL EMPLOYERS ARE EXEMPT FROM THE LAW. THE COURT WILL DETERMINE WHETHER THE EXEMPTION OPERATES AS A JURISDICTIONAL BAR. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 11/1/10. COLEMAN V. SOCCER ASSOCIATION OF MARYLAND - DEFENDING CONTRIBUTORY NEGLIGENCE MARYLAND COURT OF APPEALS 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 TO 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: PENDING. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT 7/10/12. COLONY COVE V. CITY OF CARSON - PROPERTY RIGHTS AND JUDICIAL REVIEW U.S. SUPREME COURT - CERT. PETITION NFIB JOINED A PETITION THAT URGED THE SUPREME COURT TO OVERTURN PRECEDENT REQUIRING PROPERTY OWNERS TO RIPEN THEIR CLAIMS FOR JUST COMPENSATION IN STATE COURT AS A PREREQUISITE FOR A CLAIM UNDER 42 U.S.C. 1983. THE BRIEF WOULD DISCUSS THE TENSION BETWEEN THE INTENT OF 1983 AND THE SUBSEQUENT MIX OF STATUTE AND PRECEDENT THAT EFFECTIVELY BLOCKS PROPERTY OWNERS FROM A HEARING IN FEDERAL COURT. STATUS: PENDING. AMICUS BRIEF FILED 9/14/11.
SUMMARY OF LEGAL CASES FOR 2012 (CONT.)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 FOR 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. CTIA V. CITY OF SAN FRANCISCO - REGULATORY U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SAN FRANCISCO'S CELL PHONE "RIGHT TO KNOW ORDINANCE" IMPOSES A WARNING OBLIGATION ON RETAILERS OF CELL PHONES WITHIN THE CITY. THE ORDINANCE REQUIRES RETAILERS TO PUT UP POSTERS IN THEIR STORES, ATTACH STICKERS TO THEIR CELL PHONE DISPLAYS, AND DISTRIBUTE "FACTSHEETS," ALL OF WHICH ARE DESIGNED BY THE CITY TO ADVISE CONSUMERS ABOUT THE SUPPOSED RISKS AND STEPS CONSUMERS CAN TAKE TO AVOID THEM. ON OCTOBER 27, A FEDERAL DISTRICT COURT ENJOINED THE ORDINANCE. THE CASE PRESENTS SIGNIFICANT FIRST AMENDMENT CONCERNS STEMMING FROM THE FACT THAT GOVERNMENTS MAY START REQUIRING BUSINESSES OF ALL SIZES TO MAKE HEALTH DISCLOSURES BASED ON NOTHING BUT THE POSSIBILITY OF HARM TO CONSUMERS. SUCH REGULATIONS WOULD NO DOUBT IMPOSE SUBSTANTIAL BURDENS ON THE SMALL BUSINESS COMMUNITY. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF CTIA ON 2/1/12. THE APPELLATE COURT STRUCK DOWN THE WARNING ON 9/10/12. 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 APPEAL 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: AMICUS BRIEF IN SUPPORT OF INTERVENER-MOTION FILED ON 08/01/12. DEPARTMENT OF REVENUE V. COX INTERIOR, INC. - STATUTE OF LIMITATIONS FOR TAX REFUND KENTUCKY SUPREME COURT 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: PENDING. AMICUS BRIEF FILED ON 1/27/12. DOWNING/SALT POND V. RHODE ISLAND - CHALLENGING STATE TAKING IN FEDERAL COURT U.S. SUPREME COURT - CERT. PETITION NFIB JOINED A PETITION THAT URGED THE SUPREME COURT TO OVERTURN PRECEDENT REQUIRING PROPERTY OWNERS TO RIPEN THEIR CLAIMS FOR JUST COMPENSATION IN STATE COURT AS A PREREQUISITE FOR A CLAIM UNDER 42 U.S.C. 1983. THE BRIEF WOULD DISCUSS THE TENSION BETWEEN THE INTENT OF 1983 AND THE SUBSEQUENT MIX OF STATUTE AND PRECEDENT THAT EFFECTIVELY BLOCKS PROPERTY OWNERS FROM A HEARING IN FEDERAL COURT. (RELATED CASE COLONY COVE). STATUS: PENDING. AMICUS BRIEF FILED 9/23/11. DR HORTON - EMPLOYMENT ARBITRATION AGREEMENTS U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT IN LIGHT OF THE COSTS AND TIME ASSOCIATED WITH HANDLING LEGAL DISPUTES IN THE COURTS, MANY BUSINESSES ARE INCREASINGLY TURNING TO ARBITRATION AS A COST-EFFECTIVE ALTERNATIVE FOR DISPUTE RESOLUTION. IN THIS CASE DR HORTON REQUIRED THAT EMPLOYEES BRING DISPUTES TO ARBITRATION. THE NATIONAL LABOR RELATIONS BOARD RULED THAT THOSE AGREEMENTS ARE UNENFORCEABLE. STATUS: PENDING. AMICUS BRIEF FILED ON 6/5/12. EEOC V. CRST VAN EXPEDITED - ATTORNEY FEES ASSESSED AGAINST EEOC U.S. COURT OF APPEALS FOR THE 8TH CIRCUIT THE EEOC FILED A SERIES OF CLAIMS AGAINST TRUCKING COMPANY CRST VAN EXPEDITED, ALLEGING SEXUAL HARASSMENT OF FEMALE EMPLOYEES. THE DISTRICT COURT DISMISSED THE CASE, FINDING THE EEOC HAD FAILED TO INVESTIGATE AND CONSOLIDATE INDIVIDUAL CLAIMS PRIOR TO BRINGING THE TITLE VII LAWSUIT. THE JUDGE DID NOT APPRECIATE THE EEOC'S LITIGATION STRATEGY OF 'SUE FIRST, ASK QUESTIONS LATER' AND ISSUED AN ORDER REQUIRING THE EEOC TO PAY MORE THAN $4.5 MILLION DOLLARS IN COSTS AND ATTORNEYS FEES TO THE TRUCKING COMPANY. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT ON 9/7/10. COURT VACATED ATTORNEYS' FEES AWARD 2/22/12. EEOC V. PEOPLEMARK - EEOC SUBPOENA POWER CHALLENGED U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT 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 ATTORNEY'S FEES UNDER SUCH CIRCUMSTANCES. STATUS: PENDING. AMICUS BRIEF FILED 6/7/12. EEOC V. TRICORE REFERENCE LABORATORIES - PROPERTY RIGHTS US COURT OF APPEALS FOR THE 10TH CIRCUIT EEOC FILED SUIT AGAINST TRICORE ALLEGING THAT THE COMPANY HAD FAILED TO MAKE REASONABLE ACCOMMODATIONS FOR A DISABLED EMPLOYEE; HOWEVER, THE AGENCY PRESSED FORWARD WITH ITS LAWSUIT KNOWING FULL WELL THAT THE EMPLOYEE COULD NOT PERFORM ESSENTIAL JOB FUNCTIONS, EVEN WITH REASONABLE ACCOMMODATIONS. ACCORDINGLY, EEOC FAILED TO MAKE A PRIMA FACIE CASE OF DISCRIMINATION, AND IN PURSUING THE MATTER KNOWING THAT IT COULD NOT DO SO, IT INCURRED LIABILITY FOR TRICORE'S ATTORNEYS' FEES. ON APPEAL, WE ARGUE AS AMICUS THAT THE DISTRICT COURT PROPERLY AWARDED ATTORNEY FEES TO TRICORE. STATUS: DECIDED. CIRCUIT COURT UPHELD DISTRICT COURT ATTORNEYS' FEES ON 8/16/12. ELKIN HILLS POWER V. CALIFORNIA - TAXATION OF INTANGIBLE PROPERTY 4TH APPELLATE DISTRICT NFIB URGED THE APPELLATE COURT TO REVIEW A LOWER COURT DECISION THAT, IN VIOLATION OF THE CALIFORNIA CONSTITUTION, PERMITTED THE TAXATION OF INTANGIBLE PROPERTY. STATUS: PENDING. AMICUS LETTER FILED ON 8/4/11. EXXONMOBIL V. NYC - CAUSATION IS ATTACKED BY DEFENDANT'S APPEAL COURT OF APPEALS FOR THE SECOND CIRCUIT EXXON HAS APPEALED ITS $100 MILLION JURY VERDICT REGARDING MTBE. THE AMICUS BRIEF FILED IN SUPPORT OF EXXON MAINTAINS THAT THE ENTIRE AWARD WAS BASED ON HYPOTHETICAL DAMAGE THAT MIGHT OCCUR. THE BRIEF ARGUES THAT AN AWARD BASED ON A "IF THIS THEN THAT" FUTURE INJURY VIOLATES BASIC TORT PRINCIPLES OF CAUSATION AND COULD BE VERY PROBLEMATIC IN THE PRODUCT LIABILITY ARENA. STATUS: PENDING. AMICUS BRIEF FILED 4/28/11.
SUMMARY OF LEGAL CASES FOR 2012 (CONT.)FEDERAL TRADE COMMISSION V. PHOEBE PUTNEY HEALTH SYSTEM - LEGAL REFORM U.S. SUPREME COURT THIS CASE RAISES THE QUESTION OF WHETHER FEDERAL ANTITRUST LAWS APPLY TO STATE AND LOCAL GOVERNMENTS ENGAGED IN BUSINESS PRACTICES. HERE THE DEFENDANT OPERATES UNDER A GRANT OF GENERAL CORPORATE POWER FROM A GEORGIA STATE HOSPITAL AUTHORITY. THE FEDERAL TRADE COMMISSION ASSERTS THAT THE DEFENDANT VIOLATED ANTITRUST LAWS, BUT THE DEFENDANT ARGUES THAT THOSE LAWS CANNOT APPLY TO IT BECAUSE IT IS A QUASI-GOVERNMENTAL ENTITY. GENERALLY QUASI-GOVERNMENTAL ENTITIES, LIKE THE DEFENDANT IN THIS CASE, ARE DEEMED EXEMPT FROM ANTITRUST LAWS UNDER THE "STATE ACTION IMMUNITY DOCTRINE," SO LONG AS IT IS CLEAR THAT THEY ARE OPERATING IN THE FURTHERANCE OF A STATE POLICY, AND UNDER ACTIVE SUPERVISION FROM THE STATE. BUT, WE ARGUE THAT THERE CAN BE NO "STATE ACTION IMMUNITY" IN CASES LIKE THIS, WHEN THE QUASI-GOVERNMENTAL DEFENDANT IS UNQUESTIONABLY COMPETING WITH OTHER BUSINESSES IN THE MARKET. SMALL BUSINESSES ARE PUT AT A COMPETITIVE DISADVANTAGE WHEN TAXPAYER-FUNDED GOVERNMENT ACTORS OR QUASI-GOVERNMENTAL ENTITIES DIRECTLY COMPETE WITH PRIVATE BUSINESSES. NFIB BELIEVES THAT THE STATE ACTION IMMUNITY DOCTRINE ONLY APPLIES IF THE DEFENDANT ACTS TO ADVANCE LEGITIMATE REGULATORY POLICY, AS OPPOSED TO SOME POLICY OR PROGRAM DESIGNED SOLELY TO BENEFIT A PUBLIC ENTERPRISE. STATUS: PENDING. AMICUS BRIEF FILED 8/27/12. 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. 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: PENDING. FILED IN SUPPORT OF PETITIONER 9/04/12. 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. GREATER ORLANDO CHAMBER OF COMMERCE V. ORANGE CO. - LABOR & EMPLOYMENT CIRCUIT COURT OF THE 9TH JUDICIAL DISTRICT NFIB MOVED TO INTERVENE IN THE ORLANDO CHAMBER OF COMMERCE'S SUIT CHALLENGING A BALLOT INITIATIVE THAT WOULD HAVE REQUIRED EMPLOYERS TO OFFER PAID SICK LEAVE. SUBSEQUENT TO THE LAWSUIT TO ENJOIN THE INITIATIVE, THE LOCAL LEGISLATORS WITHDREW THE PROPOSAL. STATUS: DECIDED. INITIATIVE WAS WITHDRAWN BY LAWMAKERS. HARRIS V. QUINN - FORCED UNIONIZATION OF IL HEALTHCARE PROVIDERS U.S. SUPREME COURT - CERT PETITION 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 NRTW 1/2/12. HORNE V. USDA - PROPERTY RIGHTS U.S. SUPREME COURT - CERT PETITION AND MERITS 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: PENDING. AMICUS BRIEF FILED 8/27/12. COURT GRANTED CERT AND MERITS BRIEF FILED 1/16/13. HOWARD V. A.W. CHESTERTON, INC. - LEGAL REFORM PENNSYLVANIA SUPREME COURT THE CASE INVOLVES A KEY ISSUE IN ASBESTOS LITIGATION TODAY - THE "ANY EXPOSURE" THEORY OF CAUSATION. THE PA SUPERIOR COURT AUTHORED ONE OF THE MORE THOUGHTFUL OPINIONS EXPLAINING WHY THIS THEORY BEING PROMOTED BY PAID EXPERTS FOR PLAINTIFFS IS "JUNK SCIENCE." PA LOWER COURTS ARE NOW TRYING TO UNDERMINE THIS DECISION. STATUS: PENDING. AMICUS BRIEF FILED 12/17/12 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. 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. 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 NESTLE USA - TAX TEXAS SUPREME COURT BUSINESSES IN TEXAS ARGUE THAT THE STATE'S APPLICATION OF THE BUSINESS FRANCHISE TAX, ALSO KNOWN AS THE MARGINS TAX, DOES NOT TREAT "SIMILARLY SITUATED TAXPAYERS EQUALLY AND UNIFORMLY" AND THAT THE MARGINS TAX VIOLATES THE EQUAL AND UNIFORM CLAUSE OF THE TEXAS CONSTITUTION. IN ADDITION, THE PLAINTIFFS ARGUE THAT NESTLE MUST FILE AS A MANUFACTURER AND PAY A HIGHER TAX RATE EVEN THOUGH IT HAS NO MANUFACTURING FACILITIES IN THE STATE AND THIS PRACTICE VIOLATES THE COMMERCE CLAUSE OF THE U.S. CONSTITUTION. IN ROUND TWO OF THIS DISPUTE, NESTLE HAS PAID THE TAX UNDER PROTEST AND FILED AN APPEAL REGARDING THE INIQUITIES OF THE TAX. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF PETITIONER 9/5/12. ORAL ARGUMENT HELD 9/18/12. COURT DISMISSED CHALLENGE ON 10/19/12. JANKEY V. LEE - ATTORNEY FEE AWARDS IN ADA LAWSUITS CALIFORNIA SUPREME COURT VICTORY! THE COURT WILL DETERMINE WHETHER CALIFORNIA'S MANDATORY "PREVAILING PARTY" ATTORNEY'S FEE PROVISION REQUIRES A PREVAILING DEFENDANT TO ESTABLISH THAT THE PLAINTIFF'S CLAIM WAS FRIVOLOUS BEFORE AN ATTORNEY'S FEE AWARD CAN BE MADE. STATUS: DECIDED. AMICUS BRIEF IN SUPPORT OF DEFENDANT FILED ON 1/7/11. ORAL ARGUMENT SCHEDULED FOR 10/2/12. COURT UPHELD ATTORNEYS' FEE AWARD ON 12/17/12.
SUMMARY OF LEGAL CASES FOR 2012 (CONT.)KIVALINA V. EXXONMOBIL - LEGAL REFORM/CLIMATE CHANGE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THE SUIT SEEKS MONETARY DAMAGES FROM VARIOUS ENERGY COMPANIES FOR THE ALLEGED DESTRUCTION OF KIVALINA, ALASKA BY CLIMATE CHANGE. THE SPECIFIC ISSUE IN THE CASE IS WHETHER THE PUBLIC NUISANCE CLAIMS SEEKING TO SUBJECT AMERICAN BUSINESS THAT EMIT CO2, METHANE AND OTHER SUCH GASSES TO LIABILITY FOR WEATHER-RELATED EVENTS ALLEGEDLY CAUSED BY GLOBAL WARMING VIOLATE THE POLITICAL QUESTION DOCTRINE UNDER ARTICLE III OF THE CONSTITUTION. THE SUIT WAS DISMISSED BY THE U.S. DISTRICT COURT. STATUS: PENDING. AMICUS BRIEF FILED 07/07/10. KLAIRMONT V. GRAINSBORO - LEGAL REFORM SUPREME JUDICIAL COURT OF 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: PENDING. FILED IN SUPPORT OF DEFENDANTS-APPELLANTS ON 3/30/12. 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: PENDING. AMICUS BRIEF FILED 11/28/12. ORAL ARGUMENT SET FOR 1/15/13. LAMONS GASKET CO. V. SWIU - NLRB OPENS DOOR TO MORE STEALTH CARD CHECK AGREEMENTS NATIONAL LABOR RELATIONS BOARD IN A 3-2 DECISION ON AUGUST 27, THE BOARD VOTED TO REVIEW A LANDMARK 2007 CASE, DANA CORPORATION, IN WHICH IT GRANTED DISSENTING WORKERS THE RIGHT TO UNDO A SUCCESSFUL (I.E., EMPLOYER-RECOGNIZED) UNION CARD CHECK CAMPAIGN AND DEMAND A SECRET BALLOT ELECTION. PRIOR TO THIS DECISION, EMPLOYEES HAD NO WAY TO DEMAND AN ELECTION IF THE EMPLOYER AGREED TO RECOGNIZE A UNION BASED ON AUTHORIZATION CARDS. WORKERS ACROSS THE COUNTRY HAVE ALREADY USED ELECTIONS TO KICK OUT UNWANTED UNIONS, DEMONSTRATING THE UNRELIABILITY OF CARD CHECK INSTANT ORGANIZING CAMPAIGNS. WORKERS FREQUENTLY SIGN UNION AUTHORIZATION CARDS DUE TO UNION ORGANIZERS' INTIMIDATING TACTICS OR EVEN OUTRIGHT LIES ABOUT WHAT SIGNING A CARD MEANS. STATUS: PENDING. NFIB FILED TWO AMICUS BRIEFS ON 11/1/10 IN SUPPORT OF PRESERVING DANA CORPORATION. LEWIS V. HUMBOLDT ACQUISITION CORP. - BURDEN OF PROOF FOR ADA CLAIMS U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT THIS CASE TESTS THE STANDARDS FOR PROVING AN AMERICANS WITH DISABILITIES ACT CLAIM. NOW BEING HEARD EN BANC, THE COURT IS BEING ASKED TO REVERSE THE DISTRICT COURT AND THREE-JUDGE PANEL DECISIONS THAT HELD A PLAINTIFF MUST PROVE THAT HER DISABILITY WAS THE SOLE, RATHER THAN A MOTIVATING, REASON FOR THE DEFENDANT-EMPLOYER'S ADVERSE EMPLOYMENT DECISION. STATUS: DECIDED. AMICUS BRIEF FILED 8/10/11 IN SUPPORT OF THE EMPLOYER. COURT FOUND IN FAVOR OF PLAINTIFF AND REMANDED TO DISTRICT COURT FOR TRIAL. 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: PENDING. AMICUS BRIEF FILED IN SUPPORT OF TABOR LAW ON 7/18/12. LOCKE V. KARASS - NONMEMBER UNION FEES U.S. SUPREME COURT IN LOCKE, THE COURT WILL DECIDE WHETHER A NATIONAL UNION THAT FUNCTIONS AS THE EXCLUSIVE BARGAINING AGENT FOR CERTAIN STATE EMPLOYEES CAN CHARGE LOCAL NONMEMBERS FOR LITIGATION EXPENSES, EVEN WHERE THE LITIGATION DOES NOT AFFECT THE LOCAL UNION. THE COURT HAS PREVIOUSLY HELD THAT UNIONS CAN CHARGE NONMEMBERS A SERVICE FEE TO COVER EXPENSES RELATED TO COLLECTIVE BARGAINING AND CONTRACT ADMINISTRATION, BUT CANNOT CHARGE NONMEMBERS TO SUPPORT POLITICAL OR IDEOLOGICAL EXPRESSION. STATUS: DECIDED. COURT RULED THAT IN CERTAIN CIRCUMSTANCES A LOCAL UNION MAY CHARGE A NONMEMBER AN APPROPRIATE SHARE OF ITS CONTRIBUTION TO A NATIONAL UNION'S LITIGATION EXPENSES. LOCKE V. SHORE - REGULATORY RESTRICTION ON INTERIOR DESIGNER U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NFIB JOINED A LAWSUIT THAT CHALLENGED A FLORIDA LAW THAT PROHIBITS PEOPLE FROM PRACTICING INTERIOR DESIGN UNLESS THEY FIRST GET THE GOVERNMENT'S PERMISSION. THE LAW REQUIRES THAT THEY SPEND SIX YEARS AND THOUSANDS OF DOLLARS JUMPING THROUGH THE ARBITRARY HOOPS OF FLORIDA'S INTERIOR DESIGN LICENSING LAW. IN MARCH 2011, THE APPELLATE COURT UPHELD A DISTRICT COURT RULING THAT FOUND THE REGULATION CONSTITUTIONAL. THE RULING COMES DESPITE ADMISSIONS BY THE STATE THAT THERE IS NO EVIDENCE THAT THE UNLICENSED PRACTICE OF INTERIOR DESIGN POSES ANY THREAT TO THE PUBLIC. STATUS: DECIDED. COURT UPHELD THE REGULATION ON 3/2/11. U.S. SUPREME COURT DENIED REVIEW ON 1/9/12. MCCALL V. UNITED STATES - DEFENDING FLORIDA'S DAMAGES CAP FLORIDA SUPREME COURT THE U.S. ELEVENTH CIRCUIT COURT OF APPEALS RECENTLY UPHELD FLORIDA'S NONECONOMIC DAMAGES CAP UNDER THE U.S. CONSTITUTION, SEE ESTATE OF MCCALL V. UNITED STATES, 2011 WL 2084069 (11TH CIR. MAY 27, 2011). THE CIRCUIT COURT CERTIFIED THE FLORIDA CONSTITUTIONAL QUESTIONS TO THE FLORIDA SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANTS ON 9/15/11. MCDONALD V. CITY HOSPITAL - CHALLENGE TO WEST VIRGINIA'S PUNITIVE DAMAGES CAP WEST VIRGINIA SUPREME COURT OF APPEALS NFIB JOINED A COALITION AMICUS BRIEF IN A CHALLENGE TO THE STATE'S CAP ON NONECONOMIC DAMAGES FOR MEDICAL LIABILITY ACTIONS. THE COALITION ARGUED IN SUPPORT OF THE STATUTORY CAP ON NONECONOMIC DAMAGES BECAUSE WITHOUT THEM THE DOOR WILL BE OPENED TO SUBJECTIVE, RUNAWAY NONECONOMIC DAMAGE AWARDS. STATUS: PENDING. ORAL ARGUMENTS HELD MARCH 8, 2011. MERRILL V. OHIO - PROPERTY RIGHTS OHIO SUPREME COURT THE CASE INVOLVES A CHALLENGE TO SHORELINE PROPERTY OWNERS' RIGHT TO EXCLUDE TRESPASSERS ON DRY BEACHES ABOVE THE WATER'S EDGE. THIS IS AN IMPORTANT ISSUE NOT ONLY FOR RESIDENTIAL PROPERTY OWNERS, BUT FOR BUSINESSES ALONG LAKE ERIE WHO WANT TO BE ABLE TO EXCLUDE TRESPASSERS. THE TRIAL AND APPELLATE COURTS FOUND LARGELY IN FAVOR OF THE LANDOWNERS. THE OHIO DEPT. OF NATURAL RESOURCES HAS NOW APPEALED TO THE STATE SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED ON 9/20/10. ORAL ARGUMENT HELD 2/1/11.
SUMMARY OF LEGAL CASES FOR 2012 (CONT.)METROPOLITAN MILWAUKEE ASSOCIATION OF COMMERCE V. CITY OF MILWAUKEE - MANDATED SICK LEAVE CIRCUIT COURT FOR MILWAUKEE COUNTY MILWAUKEE REQUIRED THAT ALL CITY BUSINESSES PROVIDE THEIR EMPLOYEES WITH PAID SICK LEAVE THROUGH THE PASSAGE OF A BINDING REFERENDUM. NFIB ARGUED THAT THE MEASURE INTERFERES WITH EMPLOYERS' RIGHTS TO NEGOTIATE MUTUALLY BENEFICIAL LABOR AGREEMENTS WITH THEIR EMPLOYEES AND IS AN ILLEGAL EXTENSION OF MILWAUKEE AUTHORITY INTO AREAS OF LAW RESERVED TO THE STATE. STATUS: PENDING. AMICUS BRIEF FILED 01/28/09. CIRCUIT COURT GRANTED MMAC SUMMARY JUDGMENT ON OCTOBER 14, 2010. HOWEVER, THE COURT OF APPEALS REVERSED AND REMANDED THE CASE BACK TO THE CIRCUIT COURT ON MARCH 24, 2011. 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 TRADES COUNCIL, AFL-CIO SUED TO BLOCK THE LAW. IN FEBRUARY A FEDERAL DISTRICT COURT DECLARED THE LAW INVALID FINDING IT IMPERMISSIBLY INTERFERES WITH THE NATIONAL LABOR RELATIONS ACT ("NLRA"). THE STATE APPEALED. THE ADVERSE IMPACTS OF GOVERNMENT-MANDATED PLAS ARE WELL SUPPORTED, AND MICHIGAN HAS JOINED A LARGE AND GROWING NUMBER OF STATES WHO HAVE DETERMINED THAT GOVERNMENT-MANDATED PLAS DO NOT SERVE THE STATES' INTERESTS. AFTER THE TRIAL COURT STRUCK DOWN THE FIRST LAW, THE LEGISLATURE PASSED AN AMENDED LAW TO CORRECT PERCEIVED DEFICIENCIES. THE TRIAL COURT STRUCK DOWN THE AMENDED LAW. A SECOND APPEAL FOLLOWED. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF LAW BANNING PLA'S ON 6/15/12. SECOND BRIEF FILED ON 1/22/13. MIMS V. ARROW FINANCIAL SERVICES, INC. - LEGAL REFORM U.S. SUPREME COURT THE APPEAL STEMS FROM THE 11TH CIRCUIT COURT OF APPEALS HOLDING THAT FEDERAL COURTS LACK SUBJECT MATTER JURISDICTION OVER PRIVATE ACTIONS UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. 227. NFIB'S BRIEF DISCUSSES THE EXTORTION THAT SMALL BUSINESSES FACE WHEN THEY UNINTENTIONALLY VIOLATE A CONSUMER PROTECTION STATUTE, LIKE THE TCPA OR DO-NOT-FAX, AND THEN FACE A BARRAGE OF DEMAND LETTERS AND FORM COMPLAINTS FROM PLAINTIFFS' COUNSEL. STATUS: DECIDED. AMICUS BRIEF FILED ON 10/28/11. COURT RULED IN FAVOR OF PLAINTIFF MIMS ON 1/17/12. MULHALL V. UNITE HERE - UNION ORGANIZING U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT VICTORY! THE APPELLATE COURT WILL DECIDE WHETHER THE ORGANIZING ASSISTANCE THAT INCLUDES LISTS OF INFORMATION ABOUT NONUNION EMPLOYEES, USE OF PRIVATE COMPANY PROPERTY FOR ORGANIZING, AND A GAG-CLAUSE ON COMPANY COMMUNICATIONS WITH ITS EMPLOYEES ABOUT UNIONIZATION ARE "THINGS OF VALUE," MAKING IT ILLEGAL UNDER SECTION 302 OF THE LABOR MANAGEMENT RELATIONS ACT FOR THE UNION TO DEMAND THEM. IF THE CASE IS SUCCESSFUL, IT WILL BE ILLEGAL IN FLORIDA, GEORGIA, AND ALABAMA (AND POTENTIALLY ELSEWHERE) FOR UNIONS TO DEMAND THAT FROM AN EMPLOYER. STATUS: DECIDED. AMICUS BRIEF IN SUPPORT OF MULHALL FILED 3/28/11. COURT RULED IN FAVOR OF MULHALL ON 1/19/12. NATIONAL ASSOC. OF HOMEBUILDERS V. ARMY CORPS OF ENGINEERS - ADMIN PROCEDURE CHALLENGE U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA NAHB HAS APPEALED A DECISION FROM THE D.C. DISTRICT COURT THAT HELD A PARTY MUST SHOW THERE IS "NO SET OF CIRCUMSTANCES" UNDER WHICH THE RULE BEING CHALLENGING IS VALID. IF UPHELD, THIS RESULT WILL MAKE IT MUCH MORE DIFFICULT TO BRING FACIAL CHALLENGES TO ANY REGULATION. STATUS: PENDING. AMICUS BRIEF FILED 4/11/11. NATIONAL RESTAURANT ASSOCIATION (NRA) V. DOL U.S. DISTRICT COURT NFIB JOINED A CASE CHALLENGING THE NOTICE OF PROPOSED RULEMAKING (NPRM) PROCEDURES USED TO ALTER "TIP CREDIT" DISCLOSURE REGULATIONS. TIP CREDITS ALLOW EMPLOYERS TO PAY EMPLOYEES RECEIVING TIPS UNDER MINIMUM WAGE AS LONG AS THE EMPLOYEE'S HOURLY WAGE AND TIPS EXCEEDS MINIMUM WAGE. THE RULEMAKING NOTICE CONTAINED VERY LIMITED CHANGES TO THE CURRENT REGULATIONS, YET THE PROMULGATED REGULATIONS REQUIRE EXTENSIVE ADDITIONAL TIP CREDIT DISCLOSURE REQUIREMENTS FOR EMPLOYERS. THE NEW REGULATIONS REPRESENT A HUGE NEW ADMINISTRATIVE BURDEN WITH COSTLY PENALTIES FOR FAILED COMPLIANCE FOR BUSINESSES. STATUS: PENDING. COMPLAINT FILED 6/16/11. NATSO, INC. V. 3 GIRLS ENTERTAINMENT U.S. SUPREME COURT - CERT PETITION THE CASE CONCERNS THE USE OF OVERBROAD DISCOVERY REQUESTS TO SEEK TRADE ASSOCIATION COMMUNICATIONS WITH THEIR CORPORATE MEMBERS REGARDING LOBBYING STRATEGIES. THE TENTH CIRCUIT ORDERED SUCH DISCLOSURES, A RULING IN DIRECT CONFLICT WITH DECISIONS BY THE SUPREME COURT AND OTHER CIRCUIT COURTS. STATUS: PENDING. NFIB FILED AMICUS BRIEF ON 10/20/11. REVIEW DENIED ON 1/9/12. 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.
SUMMARY OF LEGAL CASES FOR 2012 (CONT.)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. NESTLE V. COMBS - TAX TEXAS SUPREME COURT BUSINESSES IN TEXAS ARGUE THAT THE STATE'S APPLICATION OF THE BUSINESS FRANCHISE TAX, ALSO KNOWN AS THE MARGINS TAX, DOES NOT TREAT "SIMILARLY SITUATED TAXPAYERS EQUALLY AND UNIFORMLY." THE BUSINESSES BRINGING SUIT AGAINST THE STATE ARGUE THAT THE MARGINS TAX VIOLATES THE EQUAL AND UNIFORM CLAUSE OF THE TEXAS CONSTITUTION. IN ADDITION, THE PLAINTIFFS ARGUE THAT NESTLE MUST FILE AS A MANUFACTURER AND PAY A HIGHER TAX RATE EVEN THOUGH IT HAS NO MANUFACTURING FACILITIES IN THE STATE AND THIS PRACTICE VIOLATES THE COMMERCE CLAUSE OF THE U.S. CONSTITUTION. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF PETITIONER 01/04/12. COURT DISMISSED CASE FOR JURISDICTIONAL ISSUE ON 2/10/12. NOEL CANNING V. NLRB - LABOR U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT 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. COALITION FOR DEMOCRATIC WORKFORCE JOINED WITH THE U.S. CHAMBER OF COMMERCE TO INTERVENE ON BEHALF OF NOEL CANNING. STATUS: PENDING. MOTION TO INTERVENE FILED BY CDW ON 3/15/12. BRIEFING CONCLUDES 12/11/12. NORTHROP CORP. EMPLOYEE INS. BENEFIT PLANS V. UNITED STATES - ADMINISTRATIVE LAW U.S. SUPREME COURT CERT. PETITION THIS TAX CASE DEALS WITH THE IRS' FAILURE TO COMPLY WITH THE ADMINISTRATIVE PROCEDURE ACT (APA) WHEN IT PROMULGATED A TEMPORARY REGULATION. THE CASE EXPANDS UPON THE ISSUES IN HOME CONCRETE V. UNITED STATES, IN WHICH NFIB FILED AN AMICUS BRIEF IN 2011. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF PETITIONER 7/25/12. POUNDERS V. ENSERCH E&C - LEGAL REFORM ARIZONA SUPREME COURT 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: PENDING. AMICUS BRIEF FILED 10/26/12. PPL MONTANA V. MONTANA - UNCONSTITUTIONAL TAKING OF PROPERTY U.S. SUPREME COURT THIS CASE STEMS FROM A MONTANA COURT DECISION REGARDING THE PROPERTY RIGHTS OF CERTAIN RIVERS. THE RESULT OF THE MONTANA DECISION IS THAT AFTER MORE THAN 100 YEARS, PRIVATE LANDOWNERS HAVE BEEN STRIPPED OF THEIR OWNERSHIP OF SO-CALLED NAVIGABLE RIVER PROPERTIES AND THE STATE IS CLAIMING MILLIONS IN RETROACTIVE RENT AND FEES. STATUS: PENDING. AMICUS BRIEF FILED 9/7/2011 IN SUPPORT OF PROPERTY OWNERS. RANDAZZO V. JEFFERSON PARISH - TAX APPEAL PROCESS CHALLENGED LOUISIANA SUPREME COURT THIS CASE INVOLVES A SALES TAX DISPUTE WITH JEFFERSON PARISH. THE PARISH PROCEEDED WITH A COLLECTION ACTION WITHOUT GIVING THE TAXPAYER THE PROPER DUE PROCESS. THE LOWER COURT AGREED WITH THE TAXPAYER, BUT THE COURT OF APPEALS OVERTURNED THE RULING. STATUS: PENDING. AMICUS BRIEF FILED 2/13/12. RIGGS V. GEORGIA PACIFIC - ASBESTOS REFORM UTAH SUPREME COURT 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 DIAGNOSES 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: PENDING. AMICUS BRIEF FILED 2/24/12. RITE AID - NLRB OPENS DOOR TO MORE STEALTH CARD CHECK AGREEMENTS IN A 3-2 DECISION ON AUGUST 27, THE BOARD VOTED TO REVIEW A LANDMARK 2007 CASE, DANA CORPORATION, IN WHICH IT GRANTED DISSENTING WORKERS THE RIGHT TO UNDO A SUCCESSFUL (I.E., EMPLOYER-RECOGNIZED) UNION CARD CHECK CAMPAIGN AND DEMAND A SECRET BALLOT ELECTION. PRIOR TO THIS DECISION, EMPLOYEES HAD NO WAY TO DEMAND AN ELECTION IF THE EMPLOYER AGREED TO RECOGNIZE A UNION BASED ON AUTHORIZATION CARDS. IN VOTING TO REVISIT THE DANA CASE, THE OBAMA NLRB HAS SIGNALED ITS INTENT TO DENY WORKERS THE ABILITY TO VOTE ACCORDING TO THEIR CONSCIENCE AND REMOVE AN UNWANTED UNION FROM THEIR WORKPLACE. NFIB HAS FILED AN AMICUS BRIEF WITH THE BOARD, URGING IT NOT TO REVOKE THE NEW PROTECTIONS ACCORDED TO WORKERS SWEPT INTO UNION RANKS THROUGH CARD CHECK FORCED UNIONISM. STATUS: PENDING. 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: PENDING. AMICUS BRIEF FILED IN SUPPORT OF COMMONWEALTH 9/4/12. 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 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 CANNOT GET JUDICIAL REVIEW UNLESS THEY FIRST GO THROUGH THE LIKELY FUTILE PROCESS OF APPLYING FOR A FEDERAL WETLANDS PERMIT; A PROCESS THAT COULD TAKE YEARS AND COST TENS OF THOUSANDS OF DOLLARS. STATUS: PENDING. NFIB AMICUS BRIEF FILED ON 3/25/11. COURT ACCEPTED REVIEW AND MERITS BRIEF FILED ON 9/30/11.
SUMMARY OF LEGAL CASES FOR 2012 (CONT.)SCHLAUD V. SNYDER- FIGHTING THE FORCED UNIONIZATION OF HOME DAY-CARE WORKERS UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN THIS CASE CONCERNS THE COMPULSORY UNIONIZATION OF HOME DAY CARE PROVIDERS WHERE INDEPENDENT BUSINESSES WILL BE FORCED TO PAY UNION DUES AND SERVICE FEES TO NATIONAL UNIONS, BUT THEIR EMPLOYEES WILL NOT HAVE ACCESS TO ANY OF THE BENEFITS TRADITIONALLY SOUGHT BY EMPLOYEES WHO UNIONIZE. STATUS: PENDING. NFIB AMICUS BRIEF FILED 3/17/11. SECRETARY OF LABOR V. 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: PENDING. AMICUS BRIEF FILED IN SUPPORT OF THE EMPLOYER ON 4/10/12. SIMPKINS V. CSX TRANSPORTATION - WORKPLACE ASBESTOS EXPOSURE (PREMISES LIABILITY) SUPREME COURT OF ILLINOIS THE BRIEF ARGUES THAT PREMISES OWNERS, SUCH AS THE DEFENDANT RAILROAD, OWE NO LEGAL DUTY OF CARE TO REMOTE PLAINTIFFS ALLEGEDLY INJURED AS A RESULT OF SECONDHAND EXPOSURE TO ASBESTOS OR OTHER SUBSTANCES EMITTED IN THE WORKPLACE. THE SUBJECT ACTION INVOLVES THE ESTATE OF A WOMAN WHO WAS ALLEGEDLY EXPOSED TO ASBESTOS CARRIED HOME ON THE PERSON AND CLOTHING OF HER FORMER HUSBAND, WHO WORKED FOR THE DEFENDANT'S PREDECESSOR RAILROAD FROM 1958 TO 1964. STATUS: PENDING. AMICUS CURIAE BRIEF IN SUPPORT OF CSX TRANSPORTATION FILED 4/25/11. COURT DENIED AMICUS BRIEFS ON 5/31/11. SPECIALTY HEALTHCARE - NLRB DECIDES WHETHER "MICRO UNIONS" PERMITTED NATIONAL LABOR RELATIONS BOARD THE NLRB WILL SOON DECIDE WHETHER OR NOT LABOR UNIONS WILL BE ALLOWED TO BREAK OFF DIFFERENT SECTIONS OF WORKFORCES INTO SMALL GROUPS TO ORGANIZE FIVE OR 10 WORKERS AT A TIME INSTEAD OF THE WHOLE WORKPLACE AT ONCE - OR ORGANIZE USING "MICRO UNIONS." THE "MICRO UNIONS" WOULD ESSENTIALLY ALLOW LABOR ORGANIZERS TO SECTION OFF COMPANY EMPLOYEES BY SPECIFIC JOB DESCRIPTIONS. FOR EXAMPLE, IF A UNION WERE TRYING TO ORGANIZE A RESTAURANT STAFF, LEADERS WOULD TARGET SERVERS, BUSBOYS, DISHWASHERS, COOKS AND HOSTESSES SEPARATELY. STATUS: PENDING. AMICUS BRIEF FILED 3/7/11. 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: PENDING. AMICUS BRIEF FILED 12/27/12. STATE OF FLORIDA V. HHS - NFIB SUES TO STOP HEALTH CARE LAW U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT U.S. SUPREME COURT ON MAY 14, 2010, NFIB JOINED THE MULTI-STATE LAWSUIT CHALLENGING THE CONSTITUTIONALITY OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. THE SUIT WAS FILED ON BEHALF OF NFIB BY THE NFIB SMALL BUSINESS LEGAL CENTER IN U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA. THERE ARE A NUMBER OF LEGAL CLAIMS IN THE LAWSUIT, HOWEVER, NFIB IS PRIMARILY CONCERNED ABOUT THE UNCONSTITUTIONALITY OF THE INDIVIDUAL MANDATE. NFIB STRONGLY BELIEVES THAT CONGRESS LACKS THE AUTHORITY TO FORCE AMERICANS TO PURCHASE A PRIVATE PRODUCT, SUCH AS HEALTH INSURANCE, OR FACE PAYING A PENALTY. ON JANUARY 31, 2011, FEDERAL DISTRICT JUDGE ROGER VINSON RULED THAT THE INDIVIDUAL MANDATE IN THE HEALTHCARE LAW IS UNCONSTITUTIONAL. JUDGE VINSON ALSO FOUND THAT THE MANDATE CANNOT BE SEVERED FROM THE REST OF THE HEALTHCARE LAW, THE ENTIRE ACT MUST BE DECLARED VOID." STATUS: AFTER SUBSEQUENT APPEAL AND DECISION BY THE U.S. COURT OF APPEALS FOR THE 11TH CIRCUIT, THE CASE MOVED TO THE U.S. SUPREME COURT. IN A DECISION ISSUED JUNE 28, 2012, THE COURT UPHELD THE HEALTHCARE LAW AND REJECTED NFIB'S CHALLENGE. 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: PENDING. AMICUS BRIEF FILED 11/30/12. ORAL ARGUMENT SET FOR 1/8/13. U.S. V. HOME CONCRETE & SUPPLY, LLC - CHALLENGING RETROACTIVE IRS RULE U.S. SUPREME COURT THE COURT IS BEING ASKED TO DETERMINE WHETHER A FINAL REGULATION PROMULGATED BY THE IRS, WHICH REFLECTS THE IRS'S VIEW THAT AN UNDERSTATEMENT OF GROSS INCOME ATTRIBUTABLE TO AN OVERSTATEMENT OF BASIS CAN TRIGGER THE EXTENDED SIX-YEAR ASSESSMENT PERIOD, IS ENTITLED TO JUDICIAL DEFERENCE. THIS CASE WILL HAVE IMPORTANT RAMIFICATIONS ON THE LEVEL OF DEFERENCE IRS REGULATIONS RECEIVE, SINCE THE RULE ESSENTIALLY OVERTURNS EXISTING SUPREME COURT PRECEDENT AND APPLIES RETROACTIVELY. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF RESPONDENT ON 12/22/11. VANCE V. BALL STATE - TITLE VII LIABILITY U.S. SUPREME COURT NFIB FILED AN AMICUS BRIEF SUPPORTING DEFENDANT BALL STATE UNIVERSITY. PLAINTIFF FILED A COMPLAINT WITH THE EEOC ALLEGING THAT COWORKERS AND AT LEAST ONE "SUPERVISOR" CREATED A HOSTILE WORK ENVIRONMENT BY MAKING OFFENSIVE, RACIALLY CHARGED COMMENTS. THE STANDARDS CREATING EMPLOYER LIABILITY VARIES FOR SUPERVISORS AND CO-WORKERS, THUS THE CLAIM BOILED DOWN TO THE COURT'S DEFINITION OF "SUPERVISOR." THE 7TH CIRCUIT DECLINED TO ADOPT A BROADER DEFINITION OF "SUPERVISOR" THAT IS USED BY OTHER CIRCUIT COURTS, AND THE SUPREME COURT GRANTED CERTIORARI TO RESOLVE THE CIRCUIT SPLIT. IF THE SUPREME COURT ACCEPTS THE BROADER DEFINITION OF "SUPERVISOR," THE THREAT OF EMPLOYER LIABILITY AND FRIVOLOUS LITIGATION WOULD INCREASE. STATUS: PENDING. AMICUS BRIEF FILED ON 10/26/12. ORAL ARGUMENT SET FOR 11/26/12. WATTS V. COX MEDICAL CENTER - DAMAGE CAP MISSOURI SUPREME COURT THE COURT HAS BEEN ASKED TO DETERMINE THE CONSTITUTIONALITY OF MISSOURI'S DAMAGES CAP. STATUS: PENDING. AMICUS BRIEF FILED 12/30/11. WHITING V. CBS CORP. AND CRANE CO. - DUTY TO WARN OF ASBESTOS DANGER COMMONWEALTH OF MASS. APPEALS COURT THE COURT WILL DETERMINE WHETHER THE DEFENDANTS HAD A DUTY TO WARN OF THE ASBESTOS-RELATED HAZARDS IN REPLACEMENT GASKETS AND PACKING AND EXTERNAL INSULATION MADE BY THIRD PARTIES AND INSTALLED BY THE NAVY. STATUS: PENDING. AMICUS BRIEF FILED 6/8/12.
FORM 990 PROVIDED TO GOVERNING BODYPART VI, SECTION B: POLICIES, LINE 11FOLLOWING AN INDEPENDENT AUDIT OF ITS FINANCIAL STATEMENTS, A DRAFT OF NFIB SMALL BUSINESS LEGAL CENTER'S FORM 990 IS PREPARED. THIS FORM 990 IS REVIEWED INTERNALLY BY NFIB'S TAX ACCOUNTANT, CONTROLLER/TREASURER, AND SVP/CFO. ANY QUESTIONS ARISING FROM THE INITIAL REVIEW ARE ADDRESSED TO ENSURE THE RETURN IS COMPLETE AND ACCURATE. ANY NECESSARY CHANGES/CORRECTIONS ARE MADE ON THE FORM 990 AND THE RETURN AGAIN GOES THROUGH NFIB SMALL BUSINESS LEGAL CENTER'S INTERNAL REVIEW PROCESS. UPON APPROVAL OF THE SVP/CFO, THE FINAL RETURN IS FILED WITH THE INTERNAL REVENUE SERVICE. THE FINAL RETURN IS MADE AVAILABLE TO THE BOARD OF DIRECTORS FOR REVIEW.
WRITTEN CONFLICT OF INTEREST POLICYPART VI, SECTION B: POLICIES, LINE 12EVERY 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 EMPLOYEESPART VI, SECTION B: POLICIES, LINE 15THE 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 2011, 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 2011-2012 RESULTS ALONG WITH AN IRC 4958 OPINION LETTER WERE PROVIDED TO THE CHAIRMAN OF THE BOARD FOR THE EXECUTIVE COMMITTEE AT THE FEBRUARY 2012 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 JANUARY OR FEBRUARY. MINUTES FROM THESE ANNUAL MEETINGS ARE TAKEN BY THE CORPORATE SECRETARY DURING THE MEETING. WHEN THE MINUTES ARE REVIEWED AND APPROVED, THEY ARE RETAINED WITH ALL OTHER CORPORATE RECORDS.
DOCUMENTS AVAILABLE TO THE PUBLICPART VI, SECTION C: DISCLOSURE, LINE 19IT 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.
OTHER FEES FOR SERVICES FOR NON-EMPLOYEESFORM 990 PART IX LINE 11GDESCRIPTION:PUBLIC RELATIONS TOTAL FEES:236123
OTHER FEES FOR SERVICES FOR NON-EMPLOYEESFORM 990 PART IX LINE 11GDESCRIPTION:OTHER EXPENSES TOTAL FEES:92259

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Address US AddressUS

FieldValueIRS element (for citing)
Address Line153 CENTURY BLVD SUITE 250AddressLine1
CityNASHVILLECity
StateTNState
ZIP Code372143682ZIPCode
FieldValueIRS element (for citing)
EIN942899404EIN
Primary ActivityMEMBER BENEFITSPrimaryActivity
Legal Domicile StateCALegalDomicileState

Direct Controlling Entity Name DirectControllingEntityName

FieldValueIRS element (for citing)
Business Name Line1NABusinessNameLine1
FieldValueIRS element (for citing)
Type Of EntityCTypeOfEntity
Controlled OrgtrueControlledOrg
FieldValueIRS element (for citing)
Receipt Of Int Ann Rents RoyaltiesfalseReceiptOfIntAnnRentsRoyalties
Gift Grant Or Cap Contr To Other OrgfalseGiftGrantOrCapContrToOtherOrg
Gift Grant Or Cap Contr Fr Other OrgtrueGiftGrantOrCapContrFrOtherOrg
Loans Or Guarantees To Other OrgfalseLoansOrGuaranteesToOtherOrg
Loans Or Guarantees From Other OrgfalseLoansOrGuaranteesFromOtherOrg
Dividends Related OrganizationfalseDividendsRelatedOrganization
Sale Of Assets To Other OrgfalseSaleOfAssetsToOtherOrg
Purchase Of Assets From Other OrgfalsePurchaseOfAssetsFromOtherOrg
Exchange Of AssetsfalseExchangeOfAssets
Rental Of Facilities To Other OrgsfalseRentalOfFacilitiesToOtherOrgs
Rental Of Facilities Fr Other OrgsfalseRentalOfFacilitiesFrOtherOrgs
Perform Of Services For Other OrgsfalsePerformOfServicesForOtherOrgs
Perform Of Services By Other OrgsfalsePerformOfServicesByOtherOrgs
Sharing Of FacilitiestrueSharingOfFacilities
Sharing Of Paid EmployeestrueSharingOfPaidEmployees
Reimbursement Paid To Other OrgtrueReimbursementPaidToOtherOrg
Reimbursement Paid By Other OrgtrueReimbursementPaidByOtherOrg
Other Transfer To Other OrgfalseOtherTransferToOtherOrg
Other Transfer From Other OrgfalseOtherTransferFromOtherOrg

Transactions Related Orgs Table TransactionsRelatedOrgsTable (3 entries)

Transaction TypeTransactionTypeAmount InvolvedAmountInvolvedMethod Of Amt DeterminationMethodOfAmtDetermination
NFIB THE VOICE OF FREE ENTERPRISE
LINE388440FMV
NATIONAL FEDERATION OF INDEPENDENT BUSINESS
LINE117158FMV
NATIONAL FEDERATION OF INDEPENDENT BUSINESS
LINE202581FMV