The complaint from Arkansas Attorney General Tim Griffin (R) alleging TikTok is violating the Arkansas Deceptive Trade Practices Act by duping Arkansas citizens about the risks of using TikTok belongs back in Union County Circuit Court, said Griffin’s reply brief Tuesday (docket 1:23-cv-01038) in U.S. District Court for Western Arkansas in El Dorado in support of his motion to remand (see 2306090047). The case originated in the circuit court before TikTok removed it to federal court.
CBP’s determination that the entries of softwood lumber imported by Fraserview Remanufacturing had been deemed liquidated and the agency's posting of liquidation notices can't be challenged at the Court of International Trade because a protest contesting that determination is currently being adjudicated by CBP, DOJ said in a July 11 dismissal motion (Fraserview Remanufacturing v. U.S., CIT # 23-00063).
CBP's Office of Regulations and Rulings (ORR) ignored key evidence when it reversed the same agency's Trade Remedy & Law Enforcement Directorate's (TRLED) finding that importer Scioto Valley Woodworking evaded antidumping and countervailing duties on wooden cabinets and vanities from China, petitioner American Kitchen Cabinet Alliance said in a July 11 complaint at the Court of International Trade (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).
A magistrate judge’s June report and recommendation (R&R) doesn't demonstrate a substantial relationship between plaintiff’s claims and an AT&T Wireless customer service agreement containing the arbitration agreement, said plaintiff Al Weiss in a Friday objection (docket 6:23-cv-00120) to the R&R in U.S. District Court for Middle Florida in Orlando. Weiss filed his complaint in January, asserting arbitrability of dispute, unenforceability of the AT&T consumer agreement as "unconscionable and contrary to public policy,” a violation of the Communications Act for unauthorized disclosure of customer proprietary network information, negligence, negligent training and supervision and breach of Florida’s Deceptive and Unfair Trade Practices Act. Weiss claims he suffered damages due to AT&T’s “systemic failure to implement and maintain adequate security measures in violation of AT&T’s statutory obligations and duties under federal law,” allowing a third party to “steal hundreds of thousands of dollars” from him. AT&T filed a motion in March seeking to compel arbitration of Weiss’ claims (see 2303220048). Weiss filed an opposition in April, and in June the magistrate judge entered the R&R, recommending the motion be granted. In his objection, Weiss said the R&R considers only the “related to” language in the arbitration provision, not that a substantial relationship exists between the claims and the arbitration agreement. Weiss objects to the R&R because it recommends compelling arbitration without finding a substantial relationship between plaintiff’s claims and the arbitration agreement, contrary to Florida law. “The R&R failed to address, much less find, the existence of a substantial relationship between Plaintiff’s claims and the Customer Service Agreement,” he said.
The following lawsuit was recently filed at the Court of International Trade:
The following lawsuit was recently filed at the Court of International Trade:
The following lawsuits were filed at the Court of International Trade during the weeks of June 26 - July 2 and July 3-9:
AT&T Global Services’ facts are “inaccurate” regarding breach of contract, said plaintiff EDN Global in a Thursday brief (docket 3:23-cv-00355) in opposition to defendant’s motion to dismiss in U.S. District Court for Northern Texas in Dallas.
The Obert Law Firm moved its offices in New York, according to a notice submitted to the Court of International Trade. The firm's new address is 196-55 McLaughlin Ave., Holliswood, New York 11423. Obert filed the notice of a change in address in nine cases.
The Court of International Trade on July 7 remanded a case contesting an antidumping duty administrative review on frozen fish fillets from Vietnam. The still-confidential order from Judge M. Miller Baker directs Commerce to reconsider its surrogate country selection process and to consider countries at a “comparable level of economic development” as potential surrogates on an equal basis with countries Commerce deems to be at “the same level of economic development” (Catfish Farmers of America, et al. v. U.S., CIT # 21-00380).