The following lawsuits were filed at the Court of International Trade during the weeks of May 29-June 4, June 5-11 and June 12-18:
The personally identifiable information (PII) of plaintiffs Peter Ferrendino and Jacob Kilgore was “exfiltrated and compromised” in the data breach that T-Mobile announced Jan. 19, alleged a new class action Friday (docket 4:23-cv-00418) in U.S. District Court for Western Missouri in Kansas City. That’s the same court to which the Judicial Panel on Multidistrict Litigation, in a June 2 order (see 2306050001), transferred the 16 previous class actions emanating from the same data breach for pretrial consolidation under U.S. District Judge Brian Wimes. The Ferrendino/Kilgore case was assigned to U.S. District Judge Fernando Gaitan. Their class action arises from T-Mobile’s failure “to protect their information systems that contain PII,” and its failure to provide “timely and adequate notice” to the plaintiffs and their proposed class members that their PII “had been compromised,” it said. The data breach “was a direct result of T-Mobile’s failure to implement adequate and reasonable cybersecurity procedures and protocols,” it said. The complaint, for negligence, breach of contract and invasion of privacy, alleges violations of multiple statutes, including the Ohio Consumer Sales Practices Act, the Ohio Deceptive Trade Practices Act, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and the Declaratory Judgment Act. Ferrendino is a resident of Pennsylvania and Kilgore lives in Ohio.
The following lawsuit was recently filed at the Court of International Trade:
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The following lawsuit was recently filed at the Court of International Trade:
The U.S. District Court for the Western District of North Carolina has granted a motion dismissing several claims by We CBD against shipping company Planet Nine Pirvate Air that arose from a CBP seizure of alleged industrial hemp that tested over the THC limit and was destroyed. The court allowed various counterclaims by Planet Nine to proceed and set a trial date in July (We CBD v. Planet Nine Private Air, W.D.N.C. # 21-00352).
The Commerce Department assigned exporter Double Coin Holdings the 105.31% China-wide dumping rate in its June 15 remand results filed in a suit on an administrative review of the antidumping duty order on off-the-road tires from China. The trade court previously remanded the case so that Commerce could hit the company with the China-wide rate after finding that Double Coin failed to rebut the presumption of government control (China Manufacturing Alliance v. United States, CIT # 15-00124).
Should the Commerce Department's ACCESS system go down while counsel is attempting to submit documents in a proceeding with the agency, the attorney should document everything to avoid consequences for missed deadlines, said Evangeline Keenan, director of the APO/dockets unit at Commerce, during panel discussion June 14 at the Georgetown Law International Trade Update conference. Speaking on the limits of the ACCESS platform, Keenan said that the agency "will take responsibility if ACCESS is causing problems," while noting that if the issue resides with the attorney's or paralegal's own internet access, then it's their responsibility.
The following lawsuits were recently filed at the Court of International Trade:
The FTC and Florida don’t adequately allege any required element of their claims but “merely recite elements and allege conclusory allegations,” said Chargebacks911 in a motion to dismiss (docket 8:23-cv-00796) with prejudice a fraud complaint in U.S. District Court for Middle Florida in Tampa. Failure to plead any of the elements “is grounds for dismissal,” it said.