Protecting Business Interests in the Courts

In addition to policy advocacy in legislative and regulatory forums, AIM takes part in court cases affecting the business community, typically in amicus briefs. Litigation opportunities often arise when laws are subject to judicial review on coverage, scope, damages, or constitutional issues. A case may also arise from litigation brought between employees and an employer or between businesses, or between businesses and a branch of the government. The results from one precedent-setting case can have significant practical and policy ramifications for employers. 

The Commonwealth’s Supreme Judicial Court and the Federal First Circuit occasionally invite interested parties to submit amicus, or “friend of the court”, briefs to help inform the court on issues involving complex legal questions. Over the years, AIM has filed amicus briefs with state and federal courts in cases involving environmental protection, private contract limitations, employment law, workers’ compensation, and consumer protection, among other issues. AIM uses these briefs to advance its views with the courts.  

Please reach out to Stephanie Swanson at sswanson@aimnet.org and/or Sam Larson at slarson@aimnet.org if you would like to participate or learn more. 

How To Participate? 

AIM’s Government Affairs team regularly reviews amicus requests for participation in cases with members and advocacy partners. AIM chooses to engage in cases based on the following factors: 

✅ Broad application to the members of AIM 
✅ Opportunity to create a precedent or settle disputed matters of law
✅ Ability to partner with outside counsel 
✅ Express interest from a member that AIM to participate in the case
✅ AIM’s participation on one side would not negatively affect other members 

Recent Amicus Victories  

🏆 Vita v. New England Baptist Hospital – AIM participated in a winning case where the SJC rejected an argument that stated commonly used digital advertising technology violated the state’s wiretap law. An adverse decision would have led to an avalanche of litigation against AIM members.  

🏆 El Koussa v. Campbell – AIM successfully intervened in a SJC case, which determined that a ballot question regarding the status of rideshare workers was constitutional.  

🏆 Attorney General v. Town of Milton – AIM filed a brief supporting the Attorney General to enforce the MBTA Communities Act. The court upheld the law, which will pave the way for more housing development in Massachusetts.  

Statement of Principles

The AIM Government Affairs team and our legal partners always adhere to our core principles when writing our briefs and choosing our cases. Please see below for our Statement of Principles: 

“AIM primarily engages in cases that are brought to us by members and involve economic or commercial questions. We select cases based on their likelihood of creating precedent that will have a beneficial policy and/or constitutional impact for the business community and society as a whole. AIM selects cases in which we can provide policy, contextual or other arguments beyond those central to the parties’ briefs.”