Retail Litigation Headquarters

NRF advocates for the retail industry on a wide range of issues, regularly weighing in on legislation being considered by Congress and regulations proposed by federal agencies. NRF’s representation of retailers extends to the courts as well because laws and regulations often become the subject of litigation and because some issues are legal disputes rather than legislative/regulatory matters.

NRF has filed lawsuits of its own, joined retail companies or other trade associations in doing so, and has filed “friend of the court” amicus briefs in a number of lawsuits where the retail industry has an interest. NRF’s legal actions have been filed at levels ranging from trial courts all the way to the U.S. Supreme Court and have often resulted in significant wins for the retail industry.

Below are links to legal briefs NRF has filed, accompanied by news releases and other supporting material where available.

2018

  • NRF supports Apple in dispute over bag search time
    July 9, 2018
    Amanda Frlekin v. Apple
    NRF filed an amicus brief in the California state Supreme Court arguing that time spent searching an employee’s bag when leaving work at the end of the day should not be considered payable work time.

     
  • NRF asks Supreme Court to review case on arbitration
    April 2018
    Five Star Senior Living and FVEManagers v. Melinda Mandviwala
    NRF filed an amicus brief with the U.S. Supreme Court asking the justices to take up a case challenging California’s Private Attorneys General Act, which has been used to circumvent arbitration requirements in labor disputes.

2017

2016

  • RLC and NRF ask full appeals court to hear case on American Express credit card fees
    November 15, 2016
    United State v. American Express
    NRF filed an amicus brief asking the full 2nd U.S. Circuit Court of Appeals to take up a lawsuit over American Express rules that keep retailers from encouraging customers to use other cards with lower processing fees. NRF said the rules are an antitrust violation and have made it difficult for merchants to win lower fees from any of the nation’s major credit card companies.
     
  • Retailers file amicus brief in joint employer case
    June 15, 2016
    Browning Ferris Industries v. National Labor Relations Board
    NRF filed an amicus brief in a lawsuit challenging a National Labor Relations Board ruling that expanded the traditional definition of a “joint employer” by saying a company could be held responsible for the actions of its subcontractors or franchisees.

2015

  • Retailers urge appeals court to vacate FCC’s TCPA ruling
    December 3, 2015
    ACA International v. Federal Communications Commission
    NRF filed an amicus briefing asking a federal appeals court to vacate two provisions of a Federal Communications Commission order that reinterpreted the obligations of businesses under the Telephone Consumer Protection Act. NRF said the provisions would encourage litigation threatening the ability of retailers to legitimately communicate with consumers.
     
  • NLRB micro-union decision causes untold harm to retail
    April 27, 2015
    Macy’s v. National Labor Relations Board
    NRF filed an amicus brief saying the National Labor Relations Board’s decision to recognize workers in a single department at a Macy’s store in Massachusetts rather than the entire store violated longstanding precedents on union organizing.
     
  • Retailers file amicus brief in micro-union case
    January 13, 2015
    Nestle Dreyer’s Ice Cream Company v. National Labor Relations Board
    NRF filed an amicus brief in a lawsuit challenging a National Labor Relations Board ruling that allowed the creation of “micro-unions” that could be as small as a single location within a company or a single department within a location.

2014

  • NRF asks U.S. Supreme Court to review swipe fee ruling
    August 18, 2014
    NACS, National Retail Federation, Food Marketing Institute, Miller Oil Co., Boscov’s Department Store, and National Restaurant Association v. Board of Governors of the Federal Reserve System
    NRF filed an appeal with the U.S. Supreme Court asking the justices to overturn a ruling by the U.S. Circuit Court of Appeals for the D.C. Circuit. The appellate court ruling upheld the Federal Reserve’s 21-cent cap on debit card transaction fees, which NRF had argued was higher than the amount intended by Congress under the Dodd-Frank Consumer Protection and Wall Street Reform Act.

     
  • Retailers ask appeals court to overturn credit card swipe fee settlement
    June 16, 2014
    In Re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
    NRF asked the 2nd U.S. Circuit Court of Appeals to overturn a $7.25 billion settlement in a class action antitrust lawsuit over credit card swipe fees, saying the settlement failed to do enough to change the way credit card companies set the fees.

2013

  • NRF calls NLRB recess appointment unconstitutional
    November 2013
    National Labor Relations Board v. Noel Canning
    NRF filed an amicus brief with the U.S. Supreme Court arguing that President Obama’s use of recess appointments to fill vacancies on the National Labor Relations Board was unconstitutional and that actions taken while questionable appointees were in office should be vacated.

     
  • NRF tells court retailers should be exempt from conflict minerals rule
    September 18, 2013
    NRF filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit saying retailers should not be included under regulations requiring manufacturers to determine whether merchandise contains “conflict” gold and other minerals from the Democratic Republic of the Congo.

2012

  • NRF and NCCR join coalition legal brief opposing new federal trucking regulations
    July 31, 2012
    American Trucking Associations v. Federal Motor Carrier Safety Administration
    NRF filed an amicus brief in a lawsuit opposing new federal trucking regulations on drivers’ hours of service set by the Federal Motor Carrier Safety Administration, saying the regulations were arbitrary and capricious.
     
  • NRF and NCCR join legal brief against micro-unions
    June 15, 2012
    The Neiman Marcus Group d/b/a Bergdorf Goodman v. Local 1102 Retail, Wholesale Department Store Union
    NRF filed an amicus brief with the National Labor Relations Board requesting that it reject a request by the Retail, Wholesale and Department Store Union that it certify that workers in the women’s shoe department at the flagship Bergdorf Goodman store in New York City constitute a bargaining unit for union organizing.
     
  • NRF supports Chipotle on mistaken overtime claim
    Date
    State of Nevada v. U.S. Department of Labor
    NRF filed an amicus brief saying a claim filed by a Chipotle employee under overtime regulations adopted by the Obama administration Department of Labor was invalid because an injunction had kept the regulations from taking effect.

2011

  • NRF files lawsuit saying Fed didn’t follow law in setting swipe fee regulations
    November 2, 2011
    NRF filed a lawsuit in U.S. District Court saying the Federal Reserve failed to follow key requirements of a 2010 law when it adopted a flawed cap on debit card swipe fees. NRF said failure allowed big banks to continue charging unjustifiably high swipe fees and has discouraged price competition among credit card networks.