CIT Lets Constitutional Claims Go Forward In CDSOA Suit

Law360, New York (June 15, 2012, 5:36 PM EDT) -- The U.S. Court of International Trade on Friday pared The Barden Corp.'s challenge to the Continued Dumping and Subsidy Offset Act but kept intact Barden's First Amendment and equal protection claims, rejecting the argument that an earlier Federal Circuit decision finding the act constitutional precluded them.

Judge Timothy Stanceu nixed anti-friction bearings maker Barden's claims for CDSOA disbursements for the 2004, 2005 and 2006 fiscal years, but refused to dismiss claims seeking disbursements for 2007, 2008 and 2009. The case's roots stretch back to 2006, when...
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