BROKER LIABILITY AFTER MONTGOMERY V. CARIBE: NAVIGATING STATE’S “SAFETY REGULATORY AUTHORITY” By Hannah F. Atkinson Individuals may pursue negligent hiring claims against brokers when a truck driver causes injury, a unanimous Supreme Court (the “Court”) recognized last week in Montgomery v. Caribe Trans. II, LLC. There, the plaintiff sued C.H. Robinson Worldwide, Inc., a freight […]
Importers Begin Receiving CAPE Refund Payments; CIT Says Section 122 Tariffs Illegal By John H. Kester Importers who paid tariffs illegally based in the International Emergency Economic Powers Act (“IEEPA”) and whose entries were eligible for the first phase of Customs and Border Protection’s (“CBP’s”) Consolidated Administration and Processing of Entries (“CAPE”) tool have begun […]
Refund Uncertainty Persists as IEEPA Tariff Refund Case is Dismissed By John H. Kester The Court of International Trade (“CIT”) on Wednesday, April 8, dismissed Atmus Filtration, Inc. v. United States, et al., the case through which the CIT purported to develop a refund process for importers who paid billions of dollars in tariffs unlawfully […]
The Iran Conflict Update: Global Shipping, Sanctions, and Governmental Relief By Hannah F. Atkinson Continued monitoring of the evolving conflict in the Middle East remains imperative for businesses. Since last week and our previous article, the scale of disruption has increased, especially for those in the supply chain, as three cargo ships were hit as […]
Judge Orders CBP to Report its Progress to Developing Refund Process by Thursday By John H. Kester The Court of International Trade (“CIT”) on Friday ordered that the government file a report on the progress Customs and Border Protection (“CBP”) has made toward developing a refund process for IEEPA duties, with interest, by 2PM EDT […]
Federal Circuit Mandates Court of International Trade Take Action on Tariff Case By John H. Kester The U.S. Court of Appeals for the Federal Circuit in V.O.S. Selections, Inc. v. Trump on Monday issued a mandate returning the case to the Court of International Trade to take further action. The order denied a court filing […]
Carriers Impose Surcharges as Iran Conflict Disrupts Shipping Routes By Oliver M. Krischik and John H. Kester Over the course of the weekend, the U.S. and Israel launched strikes against Iran-related targets, and Iran responded by striking against U.S.- and Israel-related targets in the region. The armed conflict and ongoing military actions have […]
District Court Rules Disclosures to AI Tool are Not Privileged or Confidential By Hannah F. Atkinson & John H. Kester More and more businesses and individuals are turning to public artificial intelligence (“AI”) tools like ChatGPT and Claude for analysis and strategic advice. However, reliance on these useful tools is not without risks—particularly when potentially […]
By John H. Kester On Friday, following the Supreme Court’s (“SCOTUS”) ruling that the International Emergency Economic Powers Act (“IEEPA”) did not authorize the President to impose tariffs, President Trump at a press conference announced a new 10 percent “global tariff,” ostensibly based in a different statute: the Trade Act of 1974 (the “Act”). On […]
By John H. Kester The Supreme Court (“SCOTUS”) today held that the International Emergency Economic Powers Act (“IEEPA”) did not authorize the President to impose tariffs. Therefore, the Trump Administration’s IEEPA-based duties imposed on China, Canada, and Mexico as well as the so-called “reciprocal” tariffs on tens of countries around the world, are impermissible under […]