Since the initial filing with the Court of International Trade (CIT) on September 10, 2020, over 3,400 additional complaints have been submitted causing the Department of Justice (DOJ) to suggest using an established set of procedures to efficiently process all of the motions.
International Trade Today outlined the DOJ advice on proceeding with a case management model:
- Select a test case (or cases if there are variations) for adjudication;
- All the cases should also be assigned to the same judge;
- “Steering committee” made up of plaintiffs’ lawyers “to enhance coordination and reduce duplication”;
- Main briefs should be submitted by the test case lawyers;
- Short briefs can also be submitted by lawyers not part of the test case.
- Short briefs should focus on arguments not made by the test case briefs.
According to International Trade Today, plaintiffs in the original CIT filing, HMTX Industries and Jasco Products, responded conditionally agreeing to the process, however, made a specific request to convene a three-judge panel instead of a single judge.
“It is important to confirm at the outset that the government will stipulate, as it has in other cases, that a refund remedy is available should plaintiffs prevail,” the plaintiffs said in their response on Sept. 24. “This action implicates significant issues of congressional and presidential authority, as well as principles of constitutional avoidance. Notably, the principal merits issues in the HMT cases were decided by a three-judge panel.”
First 3 complaints were filed by the following legal counsel:
- Matthew Nicely of Akin Gump, Lawrence
- Friedman of Barnes Richardson
- Joseph Spraragen of Grunfeld Desiderio
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