The following lawsuit was recently filed at the Court of International Trade:
The federal government opposed referral of a customs case to mediation since the proper classification of the product in question -- The Comfy blanket sweatshirt -- "is not of the type that is likely to be resolved through mediation." Filing its opposition to importer Cozy Comfort's motion for a postassignment conference to explore mediation at the Court of International Trade, the U.S. said mediation would not be beneficial, adding that the proceeding is "not a complex case" (Cozy Comfort Company v. United States, CIT # 22-00173).
The following lawsuits were recently filed at the Court of International Trade:
Cricket Wireless violated Maryland’s Consumer Protection Act (CPA) before and after its 2014 acquisition by AT&T by not disclosing the CDMA wireless network’s imminent shutdown, the Appellate Court of Maryland ruled Tuesday (case 416, September 2022 term). The court disagreed with a lower court reversing the Maryland attorney general's consumer protection division (CPD) finding of a pre-merger violation, while rejecting AT&T’s appeal of a post-merger violation.
The following lawsuits were recently filed at the Court of International Trade:
“Any reasonable person” would conclude that five Intelsat defendants, including former Chairman David McGlade and Intelsat’s two largest shareholders, engaged in unlawful insider trading while in possession of materially nonpublic information, alleged lead plaintiff Walleye Group in its opening brief Friday (docket 23-15822) in the 9th U.S. Circuit Court of Appeals. Walleye is seeking reversal of the district court’s April 26 dismissal of its second amended complaint. Walleye alleges the defendants sold more than $245 million of Intelsat stock the evening after they learned the FCC was going to reject Intelsat's “bet-the-company plan” for a private auction of satellite spectrum, which Intelsat previously believed the FCC would support (see 2305310058). Intelsat’s shares “collapsed” by 77% when the public found out about the FCC’s rejection, said Walleye’s opening brief. The defendants thereby avoided over $185 million in losses by selling their Intelsat stock in a late-evening fire sale, it said. As a result of the doomed deal, Intelsat filed for bankruptcy, it said. The case “involves one issue, and one issue alone” -- whether Walleye adequately alleged the scienter element of its insider trading claims, the brief said. The U.S. District Court for the Northern District of California “not only incorrectly weighed the collective inferences of scienter present here, but also improperly weighed such inferences through a clouded lens,” it said.
Two claims of substitution drawback for imports of petroleum derivatives already had been deemed liquidated when CBP later "attempted" liquidation,importer Performance Additives, LLC said in an Aug. 31 motion for judgment at the Court of International Trade. Performance Additives is seeking repayment of over $1.4 million in Section 301 duties it argues were improperly levied (Performance Additives v. U.S., CIT # 22-00044).
Four witnesses asked Congress to pass Level the Playing Field Act 2.0, a proposal that would change trade remedy laws in favor of domestic manufacturers, at a House hearing called the "Chinese Communist Party Threat to American Manufacturing."
The following lawsuit was recently filed at the Court of International Trade:
The U.S. "consistently fails to consider" the filing of a collection action in the Court of International Trade as a valid "'demand' for liquidated duties," surety firm Aegis Security Insurance Co. told the trade court in an Aug. 30 reply brief. Given this failure, the government is illegally trying to limit the concept of "demand" to the issuance of a bill in its attempt to get Aegis to pay a customs bond on entries that liquidated in 2006, the brief said (United States v. Aegis Security Insurance Co., CIT # 20-03628).