Barnes/Richardson Partner Moderates Panel on CIT Litigation Issues
December 6, 2012
The United States Court of International Trade recently convened its 17th Judicial Conference, with Barnes/Richardson partner Rick Van Arnam moderating a panel on litigation before that court.Entitled “Getting to Judgment and Beyond – Challenges in Customs Litigation”, the panel explored several recurring issues arising in the context of CIT litigation, including issues involving alternative dispute resolution and strategies for resolving cases via settlement or stipulation.The goal of the panel, which featured speakers representing importers, the Department of Justice, and a currently sitting CIT judge, was to open a dialogue exploring the tensions felt by plaintiff and defendant in moving a CIT case forward to completion, as well as seeking input from the bench and the bar on how to reduce those tensions.Other topics discussed included a review of the factors that might lead a plaintiff to proceed under the court’s residual jurisdiction, 28 U.S.C. § 1581(i), rather than first seeking agency review of an issue by filing a protest, as well as current decisions interpreting 19 U.S.C. § 1515(a) as allowing U.S. Customs’ an undefined amount of time to resolve protests filed with the agency.