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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.