The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in a Dec. 1 opinion rejected the U.S.' motion to partially dismiss the alternative claims of jurisdiction in a case over the Commerce Department's assessment of antidumping duties. Judge Gary Katzmann said the question of the opinion was whether a party can dismiss an alternatively pleaded ground of jurisdiction. The judge said that since the U.S.'s motion "as styled is not the proper vehicle," the motion is denied.
Importers and exporters of solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam must complete and sign certifications within the next several weeks for any entries after April 1, 2022, to avoid antidumping and countervailing duties imposed in the preliminary determination of an anti-circumvention inquiry released by the Commerce Department on Dec. 2.
Plaintiffs in a conflict-of-interest suit, led by Amsted Rail Co., plan to appeal the Court of International Trade's judgment dismissing the case for lack of jurisdiction regardless of the outcome of their injunction motion, the plaintiffs said in a Nov. 30 response to a court order. However, ARC said that it is "mindful" that developments in the present case against the International Trade Commission and its related action against the Commerce Department "may bear on whether an appeal should be voluntarily dismissed before or after the appeal is docketed" (Amsted Rail Co. v. United States International Trade Commission, CIT #22-00307).
Masimo and its Cercacor Labs subsidiary went too far in their proposed final judgment and permanent injunction against former Chief Technology Officer Marcelo Lamego when they sought to prevent Lamego and his company, True Wearables, from keeping certain confidential documents, said their objections Monday (docket 8:18-cv-02001) in U.S. District Court for Central California in Santa Ana.
Masimo and its Cercacor Labs subsidiary went too far in their proposed final judgment and permanent injunction against former Chief Technology Officer Marcelo Lamego when they sought to prevent Lamego and his company, True Wearables, from keeping certain confidential documents, said their objections Monday (docket 8:18-cv-02001) in U.S. District Court for Central California in Santa Ana.
Multiple allegations “strongly support” the conclusion that defendants in the litigation involving accusations of insider trading of Intelsat stock knew of and possessed material nonpublic information (MNPI) “at the time they traded,” said lead plaintiff Walleye Group in its second amended class action Monday (docket 4:20-cv-02341) in U.S. District Court for Northern California in Oakland.
CIT Bars Import of Certain Types of Fish From New Zealand, Says Conservation Group Likely to Succeed
The Court of International Trade on Nov. 28 blocked imports of certain fish taken from New Zealand's West Coast North Island multispecies set-net and trawl fisheries. In an opinion that cited renowned conservationist Rachel Carson, Judge Gary Katzmann found plaintiffs are likely to succeed in arguing two claims in the case seeking a Marine Mammal Protection Act ban on imports of fish and fishery products from New Zealand and caught using techniques that have caused the near extinction of the Maui dolphin, warranting the injunction. The injunction covers snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet and gurnard from the New Zealand set-net and trawl fisheries.
A voluntary remand is not needed in a case concerning the National Oceanic and Atmospheric Administration's ban on imports of fish and fishery products from New Zealand caught using techniques that allegedly have caused the near extinction of the Maui dolphin, plaintiffs Sea Shepherd New Zealand and Sea Shepherd Conservation Society argued in a Nov. 23 reply brief at the Court of International Trade. NOAA's call for a voluntary remand "is a red herring" and would let the agency "avoid the repercussions of its decision to not rule on the" New Zealand government's 2021 comparability findings application by the end of the year -- a move that delays the consideration of new information over the Maui dolphin, the U.S. said (Sea Shepherd New Zealand, et al. v. United States, CIT #20-00112).
CIT Bars Import of Certain Types of Fish From New Zealand, Says Conservation Group Likely to Succeed
The Court of International Trade on Nov. 28 blocked imports of certain fish taken from New Zealand's West Coast North Island multispecies set-net and trawl fisheries. In an opinion that cited renowned conservationist Rachel Carson, Judge Gary Katzmann found plaintiffs are likely to succeed in arguing two claims in the case seeking a Marine Mammal Protection Act ban on imports of fish and fishery products from New Zealand and caught using techniques that have caused the near extinction of the Maui dolphin, warranting the injunction. The injunction covers snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet and gurnard from the New Zealand set-net and trawl fisheries.