+ Court turns to complex claims.

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The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

By Caitlin Tremblay

Good morning. Today the Court of International Trade will shift its focus to a new phase of tariff refunds concerning more complex claims. Plus, the 5th Circuit will revisit a case involving e-cigarettes that the U.S. Supreme Court ruled on last year; a 9th Circuit judge charged in a parking lot scuffle is facing an ethics inquiry; and a judge ruled President Trump’s $100,000 visa fee unlawful. We know the devil wears Prada, but now so do astronauts, apparently. Hope your Tuesday is très chic.

U.S. customs agency and trade judge to seek path to final tariff refunds

 

REUTERS/Laban Walloga

Tariff refunds will shift into a new phase today.

What’s happening? There will be a hearing at the Court of International Trade focusing on procedures to return the remaining portion of $166 billion in tariffs deemed illegal by the U.S. Supreme Court. Judge Richard Eaton has framed the session as a settlement-style negotiation on implementation.

Where do refunds stand? U.S. Customs and Border Protection says it has processed about $85 billion of an estimated $120 billion in “Phase 1” refunds, covering the least complex claims.

What’s new? Today attention will turn to “liquidated” tariffs, which are older, legally finalized duties that are more complex to unwind. CBP maintains it can only issue refunds in limited circumstances or if importers file suit. 

What’s the main issue? Smaller importers may be deterred by litigation costs and delays, raising concerns about access to refunds.

What are the procedural disputes? The government resisted requiring the CBP commissioner’s appearance; after an appellate stay, a lower-ranking official will attend. CBP also argues courts lack authority for nationwide relief.

What do importers want? Importers are seeking class certification, which could enable a single, broad order and streamline refunds without individual lawsuits.

 

Coming up today

  • Agency: The 5th Circuit will revisit a case over flavored e-cigarettes that made it to the U.S. Supreme Court. Last year SCOTUS largely backed the FDA’s refusal to let two e-cigarette companies sell flavored vape products that regulators consider a health risk to youths. The ruling left unresolved the question of how harmful it was to the companies that the FDA failed to consider their proposed plans to restrict underage access and use of their products, and ordered the 5th Circuit to reassess that issue under a different legal standard. 
  • Consumer: The 9th Circuit will weigh a lawsuit brought by two subscribers of OnlyFans accusing the website’s foreign owner of unlawful subscription renewals in violation of California’s Automatic Renewal Law. Read the complaint.
  • Litigation: The 8th Circuit will take up a lawsuit filed by a person incarcerated in Missouri challenging the Prison Litigation Reform Act’s “three-strikes” rule, claiming it was misapplied and blocked his access to the courts.
  • Government: The Trump administration faces a deadline to respond to a lawsuit in Washington that seeks to bar federal agencies from holding a UFC mixed martial arts fight on June 14 on the South Lawn of the White House. U.S. District Judge Amit Mehta in D.C. is weighing a request for a temporary restraining order. The administration in a statement called the case an “obstructionist, baseless, and dilatory lawsuit.”
  • Constitutional: The Ohio Supreme Court will weigh whether a state law barring cities from regulating vapes violates the state’s “home rule” amendment.
  • Judiciary: The Senate will proceed to a roll call vote on confirmation of Anthony Mattivi to be United States District Judge for the District of Kansas.

Court calendars are subject to last-minute docket changes.

 

More top news

  • U.S. judge scraps Trump policy restricting wind, solar tax breaks
  • Trump formally nominates Blanche to be attorney general
  • Trump administration denies unlawful retaliation in Anthropic AI blacklisting
 
 

Industry insight

  • 9th Circuit Judge Ryan Nelson is facing a judicial misconduct complaint from a court reform group after records showed he was criminally charged in a parking lot dispute in Idaho in April. Read more here.
 

$2.3 billion

That’s how much President Trump and his sons have added to the family fortune from their main crypto ventures, Reuters found. Meanwhile, the investors they've wooed have taken a $2.3 billion hit. Read the Special Report.

 

"I’m scared that somebody’s going to come in the house. I’m just paranoid all the time."

—Marina Lacerda, who is one of nearly two dozen Jeffrey Epstein accusers who told Reuters that speaking out sparked threats and relentless harassment, in some cases after DOJ files exposed their identities. Some now carry weapons and live in fear as online attacks and intimidatio