U.S. District Judge Mary Scriven granted the FTC and Florida Department of Legal Affairs’ unopposed motion to stay proceedings (see 2310180022) in a fraud case against Global E-Trading, Gary Cardone and Monica Eaton, said a text-only order (docket 8:23-cv-00796) Thursday in U.S. District Court for Middle Florida in Tampa. The case is stayed and administratively closed for 45 days, after which the parties will file a joint status report advising the court whether they have reached a settlement or if the case needs to be reopened, said the order. The April complaint alleges Cardone and Eaton, owners of Global E-Trading, doing business as Chargebacks911, used “multiple unfair techniques” to prevent consumers from winning chargeback disputes over unwanted, fraudulent or incorrect credit card charges.
The U.S. asked for 17 more days to file its reply brief in the lead case at the U.S. Court of Appeals for the Federal Circuit on the Commerce Department's use of the Cohen's d test in its analysis of "masked" dumping in antidumping duty proceedings. The brief is currently due on Oct. 20 and the extension request, the second of its kind for the U.S. following a prior 45-day extension, would see the brief due Nov. 6 if granted. Exporter and appellant SeAH Steel Corp. told the government it objects to the motion (Stupp Corp. v. United States, Fed. Cir. # 23-1663).
The Supreme Court hasn't decided a case using its decision in Chevron v. Natural Resources Defense Council since 2016, prompting the question not of whether it should be overruled but whether the high court "should let lower courts and citizens in on the news," commercial fishing companies led by Loper Bright Enterprises argued. Filing a reply brief in a key case on Chevron, which grants deference to federal agencies in interpreting ambiguous statutes, the fishing companies said the decision "has already proven itself unworkable, and its corrosive effects on our separation of powers have lingered long enough" (Loper Bright Enterprises v. Gina Raimondo, Sup. Ct. # 22-451).
The U.S. asked for an amended protective order in a case brought by Chinese printer cartridge maker Ninestar Corp. to challenge its placement on the Uyghur Forced Labor Prevention Act Entity List. The request comes on the heels of Ninestar's request for the Court of International Trade to compel production of the confidential information used in the Forced Labor Enforcement Task Force's review of Ninestar (see 2310180025) (Ninestar Corp. v. United States, CIT # 23-00182).
MOVEit file transfer software owner Progress Software Corp. (PSC) inadequately safeguarded class members' private information it maintained and failed to provide timely and adequate notice of its May data breach to plaintiffs and class members, alleged a September class action (docket 6:23-cv-01532) PSC removed Wednesday to U.S. District Court for Oregon in Eugene. The negligence case was filed Sept. 13 in Oregon’s Marion County Circuit Court against PSC and Oregon’s Department of Transportation (ODOT).
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 Court of International Trade in an Oct. 13 order dismissed importer Kuester Systems Mexico's customs case on the classification of the company's motor vehicle parts. The trade court case was a protective filing while the company negotiated with CBP, S. Richard Shostak, counsel for Kuester, said in an email to Trade Law Daily. CBP allowed a related protest, recognizing the importer's claim that the goods qualified for duty-free NAFTA treatment, Shostak said. The CIT suit concerned certain motor vehicle parts classified under Harmonized Tariff Schedule subheading 8708.29.5160 (Kuester Systems Mexico S de RL v. U.S., CIT # 22-00331).
The following lawsuits were filed at the Court of International Trade during the week of Oct. 9-15:
The government should be ordered to produce unredacted documents for inspection by the judge and be ordered to disclose additional statements not reflecting protected deliberations in a case concerning the classification of intelligent window shade machines, Lutron Electronics said in its Oct. 13 motion to compel at the Court of International Trade. Lutron is seeking information related to former CBP employees and communications regarding decision-making in the classification process. Lutron said it fulfilled its obligation in attempting to resolve the dispute in good faith before filing its motion (Lutron Electronics v. U.S., CIT # 22-00264).