Dueling intervenor briefs from SoundExchange, Google and broadcast trade groups filed Wednesday in the U.S. Court of Appeals for the D.C. Circuit challenged arguments in the combined appeals of the Copyright Royalty Board’s Web V ruling on royalty rates for webcast music.
The Court of International Trade does not have jurisdiction under 19 U.S.C. Section 1581(i) -- the court's "residual" jurisdiction -- to hear a case over whether former counsel for Amsted Rail Co. should be barred from certain antidumping and countervailing proceedings, the U.S. told the court. Concurrently filing an opposition to ARC's motion for a preliminary injunction, which would bar ARC's former counsel, Daniel Pickard and law firm Buchanan Ingersoll, from participating in the proceedings, and a motion to dismiss, the U.S. said that the court does not have jurisdiction to hear the case and that the plaintiffs are not likely to succeed in the matter (Amsted Rail Co. v. United States, CIT #22-00316).
Plaintiffs in a conflict-of-interest suit at the Court of International Trade invoked three court decisions -- two from the U.S. Court of Appeals for the Federal Circuit and one from the U.S. Court of Appeals for the 9th Circuit -- in a Nov. 9 notice of supplemental authority. The plaintiffs, led by Amsted Rail Co., said the cases were discussed during the hearing on the issue held at the trade court (Amsted Rail v. ITC , CIT #22-00307).
The court should deny T-Mobile’s attempt to arbitrate legal claims stemming from the company shutting down its Sprint 5G network without properly alerting and compensating consumers, plaintiffs told the U.S. District Court for the Western Washington in a Nov. 3 filing (docket 2:22-cv-00843).
Supreme Court Justice Neil Gorsuch in a Nov. 7 dissenting opinion railed against the court system's use of Chevron deference in a case over veterans' disability benefits. Breaking from his colleagues' decision on the petition for writ of certiori, Gorsuch decried the use of Chevron deference as the "kind of judicial abdication" that "disserves both our veterans and the law."
The following lawsuits were recently filed at the Court of International Trade:
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The Court of International Trade should give the National Oceanic and Atmospheric Administration a voluntary remand in a case seeking a Marine Mammal Protection Act 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, the U.S. argued in a Nov. 8 motion. The voluntary remand would let the NOAA "amend the current comparability findings for certain New Zealand fisheries whose expiration dates conform with the deadlines set forth for other comparability findings to be issued under the Marine Mammal Protection Act and 50 C.F.R. § 216.24(h)," the government said (Sea Shepherd New Zealand v. United States, CIT #20-00112).
The rehearing motion from plaintiffs in an antidumping duty case, led by Ellwood City Forge, "appears to be little more than an impermissible attempt to relitigate an argument" already dispatched by the Court of International Trade, Judge Stephen Vaden held in a Nov. 8 opinion. Ellwood City sought reconsideration of the court's order tossing the challenge to the Commerce Department's failure to conduct on-site verification during an antidumping review, given that the plaintiffs failed to broach the topic administratively. Vaden said that Ellwood City misunderstood "the nexus between futility" and the requirement to exhaust administrative remedies.
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