Totes Ruling Bodes Ill For Gender-Based Duties Suits

Law360, New York (February 24, 2010, 4:45 PM EST) -- Importers contending that separate tariffs on products for men and women are unconstitutionally discriminatory face a difficult road ahead now that the U.S. Court of Appeals for the Federal Circuit has ruled in a test case that plaintiffs must show that the U.S. Congress intended to discriminate against one gender, lawyers told Law360.

Attorneys for the test-case plaintiff, inclement-weather gear marketer Totes-Isotoner Corp., are planning to appeal the case to the U.S. Supreme Court on the ground that the Federal Circuit created an unprecedented new pleading...
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