The following lawsuit was recently filed at the Court of International Trade:
US, Conservation Groups File for Stay in Suit on NOAA Decision Pending NMFS NZ Comparability Finding
Conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society filed a joint motion for stay of litigation with the government in a case challenging the National Oceanic and Atmospheric Administration's 2020 findings that New Zealand's standards for its West Coast North Island inshore trawl and set net fisheries were comparable with U.S. regulations (Sea Shepherd New Zealand, et al. v. United States, CIT # 20-00112).
U.S. District Court Judge Brantley Starr granted EDN Global’s motion for consideration to file a first amended complaint (FAC) in its breach of contract lawsuit (docket 3:23-cv-00355) against AT&T, said his Tuesday order in U.S. District Court for Northern Texas in Dallas. Plaintiffs articulated a non-conclusory reason it’s necessary -- “to base the complaint on Texas law” -- Starr’s order said. In a separate order, he found "moot" AT&T’s motion to dismiss for failure to state a claim.
The Court of International Trade in a July 13 opinion dismissed a lawsuit from PrimeSource Building Products against President Donald Trump's move to expand Section 232 national security tariffs onto steel and aluminum "derivative" products pursuant to the mandate issued by the U.S. Court of Appeals for the Federal Circuit.
The Court of International Trade in a July 12 opinion upheld the Commerce Department's decision on voluntary remand to slash from 82.05% to 41.03% the antidumping duty rate for the separate rate respondents in the 2016-17 review on diamond sawblades from China. The case had been stayed pending the resolution of a case on the previous administrative review, Bosun Tools Co. v. U.S., in which the U.S. Court of Appeals for the Federal Circuit affirmed Commerce's move to similarly cut the separate rate.
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).
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 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: