The Supreme Court hasn't decided a case using its decision in Chevron v. Natural Resources Defense Council since 2016, prompting the question not of whether it should be overruled but whether the high court "should let lower courts and citizens in on the news," commercial fishing companies led by Loper Bright Enterprises argued. Filing a reply brief in a key case on Chevron, which grants deference to federal agencies in interpreting ambiguous statutes, the fishing companies said the decision "has already proven itself unworkable, and its corrosive effects on our separation of powers have lingered long enough" (Loper Bright Enterprises v. Gina Raimondo, Sup. Ct. # 22-451).
Three U.S. Court of Appeals for the Federal Circuit judges -- Kimberly Moore, Sharon Prost and Richard Taranto -- moved for assistance from the District Court for the District of Columbia in settling a dispute between the trio and their colleague, Judge Pauline Newman, over a mediation confidentiality agreement. While the motion, brought as part of Newman's case against her colleagues' investigation into her fitness to continue serving as a judge, was silent on the nature of the dispute, the judges discussed ways the court could settle it (The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, D.D.C. # 23-01334).
The U.S. asked for an amended protective order in a case brought by Chinese printer cartridge maker Ninestar Corp. to challenge its placement on the Uyghur Forced Labor Prevention Act Entity List. The request comes on the heels of Ninestar's request for the Court of International Trade to compel production of the confidential information used in the Forced Labor Enforcement Task Force's review of Ninestar (see 2310180025) (Ninestar Corp. v. United States, CIT # 23-00182).
Shipping giant Maersk Line owes insurance company Starr Indemnity & Liability Co. over $5.8 million for losing around 57 containers of consumer goods at sea while carrying them from Cambodia and China to Los Angeles, the insurance firm argued in an Oct. 19 complaint in the U.S. District Court for the Southern District of New York. Starr, the insurer for retail giant Target Corp.'s goods, said the goods were lost due to the "negligence and breach of duty" of Maersk and its employees (Starr Indemnity & Liability Co. v. M/V Maersk Eindhoven, S.D.N.Y. # 23-09177).
Timothy Hruby, former chief of staff for the assistant secretary for enforcement and compliance at the Commerce Department's International Trade Administration, has joined Blank Rome as of counsel in the International Trade practice group. Hruby's practice will center on "international trade regulation," including trade remedies and customs proceedings, the firm announced. During his time at Commerce, Hruby worked as the lead negotiator for Commerce on trade remedies issues as part of the USMCA talks and "prepared high-level government officials for meetings with other U.S. and foreign government officials," the firm said. He is a U.S. roster member of binational panels for USMCA disputes.
The U.K. Foreign, Commonwealth & Development Office released a statement after a Court of Appeal decision relating to how the U.K. government may sanction a Russian entity based on what parties can exert control over it. The agency said it is "carefully considering" the decision's impact, specifically the decision that PJSC National Bank is controlled by sanctioned parties due to their political office (see 2301310028).
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department failed to address contradicting that the U.S. industry couldn't timely provide tin mill products when it denied Seneca Foods' requests for exclusions from Section 232 steel and aluminum duties, the Court of International Trade ruled in an Oct. 18 opinion.
Chinese printer cartridge manufacturer Ninestar Corp. urged the Court of International Trade to order the U.S. to submit the full, unredacted administrative record relating to the Forced Labor Enforcement Task Force's (FLETF's) decision to add Ninestar to the Uyghur Forced Labor Prevention Act Entity List. Even though the court has entered a protective order in the case, the government redacted over 99% of its submitted record (Ninestar Corp. v. United States, CIT # 23-00182).
World Trade Organization members reached consensus on incorporating the investment facilitation for development (IFD) agreement into the WTO's legal architecture via a "plurilateral avenue," the WTO announced. Members said that during the Oct. 11-13 negotiations, they agreed to complete the agreement's final provisions under that route and also announced that Bolivia, Niger and Tonga had joined the initiative since the plenary meeting in September.