Case law

United States v. Gold Mountain Coffee, Ltd.

601 F. Supp. 215 · United States Court of International Trade · Dec 19, 1984

Defendant Teck Hock & Co., Ltd. clearly states in its motion to amend counterclaim that it seeks only recoupment in its counterclaim for damages. … As will be demonstrated, the court finds that the presence of admittedly sovereign functions in this case does not warrant disregard of the well-established right to recoupment.

Novacor Chemicals, Inc. v. United States

21 Ct. Int'l Trade 1102 · United States Court of International Trade · Sep 25, 1997

“In the absence of express congressional consent to the award of interest separate from a general waiver of immunity to suit, the United States is immune from an interest award.” Library of Congress v. … In general retroactivity is not favored in the law, and, accordingly, legislation will be construed to operate only prospectively unless Congress has clearly expressed a contrary intention. Travenol Labs., Inc. v.

PS Chez Sidney, L.L.C. v. United States International Trade Commission

558 F. Supp. 2d 1370 · United States Court of International Trade · Jun 17, 2008

’ . . . from a general waiver of immunity for the cause of action resulting in the damages award against the United States.” … Supp. 2d 1318, establishes Chez Sidney’s right to those funds, Customs has not given this court any reason to believe that it will not follow through with payment.

Bhullar v. United States

259 F. Supp. 2d 1332 · United States Court of International Trade · Mar 26, 2003

In this action, the burden of establishing jurisdiction falls to Tony Bhullar, the plaintiff appearing pro se. It is well settled that the United States is immune from suit unless it consents to be sued. … Plaintiff’s action does not qualify under any of the exceptions to exclusive binational panel review.

Giorgio Foods, Inc. v. United States

804 F. Supp. 2d 1315 · United States Court of International Trade · Nov 17, 2011

II BACKGROUND In order to qualify for distributions under the CDSOA,1 an entity must qualify as an “affected domestic producer.” 19 U.S.C. § 1675c(a) (2000) (repealed … Cir. 2008) (“Given that the United States, and the agencies thereof, are cloaked in sovereign immunity, a party may only sue the United States for monetary damages when Congress has affirmatively waived the government’s immunity

Hartford Fire Insurance v. United States

857 F. Supp. 2d 1356 · United States Court of International Trade · Aug 13, 2012

of sovereign immunity. … read to waive sovereign immunity in this case.

Schick v. United States

533 F. Supp. 2d 1276 · United States Court of International Trade · Dec 18, 2007

, “[t]he United States, as a sovereign, is immune from suit save as it consents to be sued . . . .” … Plaintiffs point to a sentence in the House report which states that “‘[s]ection 206 [of the 1984 Act] makes conforming changes to other provisions of law to clearly establish that the Court of International Trade has exclusive

Perfectus Aluminum, Inc. v. United States

391 F. Supp. 3d 1341 · United States Court of International Trade · Jul 1, 2019

Cir. 2005) (“Courts are not free to infer waivers of sovereign immunity.”) (citing Library of Cong. v. Shaw, 478 U.S. 310, 318 (1986)). … Where a waiver of sovereign immunity is at issue, the language of the statute must be strictly construed, and any ambiguities resolved in favor of immunity.

Yancheng Baolong Biochemical Products Co. v. United States

343 F. Supp. 2d 1226 · United States Court of International Trade · Apr 28, 2004

Thus, Defendant contends that this Court’s contempt decision is mistaken because damages, a necessary element of contempt, has not been established. (Id.) … Pena merely reiterates “the well-established principle that waivers of sovereign immunity must be clear.” (Id. at 5.)

Dixon Ticonderoga Co. v. United States Customs & Border Protection

366 F. Supp. 2d 1352 · United States Court of International Trade · Apr 4, 2005

The Court explained that the Court No. 04-00027 Page 7 plaintiff “should not become immune from the antidumping laws because Commerce missed the deadline … The statutory language clearly indicates Congress’ intention that the domestic industry affected by dumping or subsidies benefit from the trade laws, but is silent regarding timing requirements.

Inner Secrets/Secretly Yours, Inc. v. United States

20 Ct. Int'l Trade 210 · United States Court of International Trade · Feb 7, 1996

“[A] statute authorizing the recovery of attorneys’ fees and expenses from an agency of the United States constitutes a waiver of sovereign immunity, and must be strictly construed.” United States v. … Furthermore, plaintiff did not establish that its claimed storage expenses and losses arising from the sale of its merchandise are recompensable under the EAJA.

Rogelio Salazar Cavazos v. United States

2012 CIT 82 · United States Court of International Trade · Jun 14, 2012

The party seeking to invoke this Court’s subject matter jurisdiction bears the burden of establishing it. AutoAlliance Int’l, Inc. v. United States, 29 CIT 1082, 1088, 398 F. Supp. 2d 1326, 1332 (2005). … It is a well- settled principle of sovereign immunity, however, that the United States can only be sued it if waives immunity from a particular claim. U.S. JVC Corp. v. United States, 22 CIT 687, 691-92, 15 F.

Stone Container Corp. v. United States

27 F. Supp. 2d 195 · United States Court of International Trade · Oct 5, 1998

Baxter clearly was intended to apply to all HMT payments on foreign exports, the same claims involved here. … Given that the HMT statute clearly provided for a remedy in this court, as U.S.

Canadian Lumber Trade Alliance v. United States

441 F. Supp. 2d 1259 · United States Court of International Trade · Jul 14, 2006

Moreover, the eBay Court based the test on "well-established principles of equity." Id. at 1839. … Clearly then, this argument must be rejected, and the court concludes that the public interest in the enforcement of the law weighs in favor of issuance of an injunction.

Daewoo Electronics Co., Ltd. v. United States

655 F. Supp. 508 · United States Court of International Trade · Feb 25, 1987

The rules prescribing the manner and method for filing a summons constitute terms and conditions upon which the United States waives its sovereign immunity. … Zenith does not dispute that Wilner was eligible and qualified at that time for admission to this Court’s bar. Moreover, several other members of Wilner’s law firm, Arnold & Porter, were then members of the CIT bar.

Motion Systems Corp. v. Bush

342 F. Supp. 2d 1247 · United States Court of International Trade · Jun 3, 2004

Analogizing to the Supreme Court’s analysis of jurisdiction and waiver of sovereign immunity under the Tucker Act in United States v. … None establishes a rule of law under which this court, based on the effect of statutory words such as “clearly greater” or any words to similar effect, is to subject presidential findings to a substantial evidence test

Altx, Inc. v. United States

26 Ct. Int'l Trade 735 · United States Court of International Trade · Jul 12, 2002

Clearly, Zenith does not apply here because the instant case involves an appeal of injury determination in an investigation, rather than an administrative review. See also Sandoz Chemicals Corp. v. … Thus, in order to establish irreparable injury, Altx has the burden of showing that the affected producers’ qualified expenditures will be greater than the amount that will be distributed from the Special Account.

Hartford Fire Insurance Co. v. United States

254 F. Supp. 3d 1333 · United States Court of International Trade · Aug 10, 2017

These facts establish Hartford’s consent to the act that would, allegedly, otherwise serve as the basis of the discharge. … For the foregoing reasons, Hartford has not established that Customs impaired its suretyship rights. Consol.

Richards Medical Co. v. United States

720 F. Supp. 998 · United States Court of International Trade · Jun 27, 1989

It is, therefore, necessary to establish a healing and curative purpose of a particular medical procedure in order to qualify it as therapeutic. … The established purpose of the prosthetic hip implantations in question is to relieve the discomfort of, or artificially compensate for, the handicapped condition, rather than to cure it.

Aluminerie Becancour, Inc. v. United States

343 F. Supp. 2d 1208 · United States Court of International Trade · Apr 23, 2004

Among other things, § 1514 establishes two requirements for protests: contents and timing. 19 U.S.C. § 1514(c). … Consequently, under the jurisdictional scheme established for the escrow agreement concluded by the parties. Pl.’s Opp’n at 10.