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NFIB Fights for Small Business in the Courts

February 4, 2026

The NFIB Small Business legal Center stands as a dedicated resource committed to the protection and advocacy for small businesses. With an active role in numerous court cases addressing vital issues that affect the small business landscape, the legal Center remains vigilant in monitoring developments that could significantly impact small business owners.

A Close Look at Ongoing Cases

The importance of legal representation and advocacy for small businesses cannot be overstated. The NFIB Small Business legal Center actively participates in various court cases, ensuring that the voices and concerns of small business owners are adequately represented.

Case 1: Relentless, Inc., et al. v. U.S. Department of Commerce

This critical case examines the duty of courts to effectively review how government agencies interpret existing statutes. The NFIB’s amicus brief contends that courts must conduct an independent and comprehensive evaluation to determine if an agency possesses the authority it claims under a statute. The ongoing proceedings are currently before the U.S. Court of Appeals for the First Circuit, reflecting the pressing nature of this issue in the legal landscape.

Case 2: Shawn Montgomery v. Caribe Transport II, LLC, et al.

At the heart of this case is the question of whether freight brokers can be held accountable for the actions of contracted carriers. Heightened liability for freight brokers poses a threat to the entire shipping industry, potentially raising costs for brokers, small businesses, and consumers alike. The NFIB’s amicus brief highlights two key arguments: One, that the Federal Aviation Administration Authorization Act preempts state tort claims against brokers; and two, that allowing broker liability for the negligent hiring of motor carriers would create excessive costs for the shipping industry without enhancing safety.

Case 3: Flowers Foods, Inc., et al. v. Angelo Brock

In this case, the NFIB collaborated with several other business organizations to file an amicus brief that defends the right to arbitration for small businesses. The lawsuit involves delivery workers seeking to block the enforcement of their arbitration clause. Given that arbitration serves as a critical and cost-effective alternative to lengthy legal proceedings, the NFIB’s brief advocates that the court should protect this essential avenue for small businesses across the nation.

Case 4: Michael Pung v. Isabella County, Michigan

This case is centered on ensuring just compensation when the government seizes and sells property to address tax debts. The NFIB joined various businesses to submit an amicus brief urging courts to provide clear guidance to ensure fair compensation for property owners. The brief asserts that compensation should align with established court precedents and historical principles.

Continuing the Fight

The NFIB Small Business legal Center is steadfast in its mission to advocate for small businesses and eliminate regulatory burdens that impede their growth and success. Currently, NFIB is engaged in over 40 cases across federal and state courts nationwide, including ongoing litigation in the Supreme Court.

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Navigating the complexities of legal terms and documents is often overwhelming for small business owners. This is where AI legalese decoder comes into play. With its advanced capabilities, the AI legalese decoder translates convoluted legal jargon into straightforward language, making it easier for business owners to understand critical issues affecting their operations. By simplifying the legal landscape, the AI tool empowers small business owners to better comprehend their rights, responsibilities, and the implications of ongoing cases.

If you have any questions or need assistance, reach out to the NFIB Small Business legal Center at [email protected]. Your business deserves a voice, and together we can ensure it is heard.

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