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 […]
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 […]
GKG Law Wins Six-Figure Attorneys’ Fees Award for NVOCC Against Shipper who Refused to Pay Detention and Demurrage By John H. Kester GKG Law recently won $134,364 in attorneys’ fees and $1,135.76 in litigation costs for its client, a non-vessel-operating common carrier (“NVOCC”), in litigation before the Federal Maritime Commission (“FMC” or “Commission”). GKG Law […]
U.S. Trade Representative Proposes Up to $1.5 Million Dollar Vessel Entrance Fee on Chinese Built Vessels Entering U.S. Ports and Phased Requirement to Export Increasing Percentage of U.S. Goods on U.S.-flagged, U.S.-operated and U.S.-built Vessels. Author: Rachel Amster Summary. On Friday, February 21, 2025, the Office of the U.S. Trade Representative (“USTR”) issued a notice […]
GKG Law’s litigation team recently prevailed on behalf of an international logistics company in a complaint filed in New Jersey claiming misappropriation of trade secrets in violation of federal and New Jersey law, breaches of contract and various business torts by a former employee of the logistics company while he was still employed. On January […]