· 6/28/2005
U.S. Ass'n of Importers of Textiles & Apparel v. United States, Department of Commerce
Citations
- 413 F.3d 1344
- 27 I.T.R.D. (BNA) 1289
- 2005 U.S. App. LEXIS 12751
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that, because plaintiff had not even met a minimal threshold for establishing likelihood of success on the merits, “we need not, and thus do not, resolve the dispute over the legal standard applicable in the Federal Circuit....”
- applying the same analysis to determine whether an action constituted “final agency action ripe for review”
- reversing grant of preliminary injunction on ground that plaintiff could not show even a “fair chance” of success on the merits because plaintiffs claims were not ripe
- reversing the lower court’s grant of a preliminary injunction because the defendant’s “arguments as to jurisdiction demonstrate that the [plaintiff was] not likely to succeed” on the merits
- rejecting argument that actions “based on the businesses’ perceived uncertainty concerning whether, when, and to what extent import relief might be imposed in the future, but not on any legally binding requirement presently imposed” constituted hardship
- reviewing the trade court’s entry of a preliminary injunction and concluding that the court did not abuse its discretion in delaying consideration of the defendant’s motion to dismiss for lack of subject matter jurisdiction until briefing was completed
Source: CourtListener parenthetical corpus (CC0).
Judges: Michel, Mayer, Lourie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.