Suit Timing Decides Subject Matter Jurisdiction: Fed. Circ.

Law360, New York (August 10, 2012, 8:00 PM EDT) -- The Federal Circuit on Friday sent a case brought by Ford Motor Co. seeking duty refunds for imported shipments of Jaguar cars back to the Court of International Trade, finding in a precedential ruling that subject matter jurisdiction is determined when a complaint is filed.

The Federal Circuit ruled that jurisdiction of the CIT was established at the time Ford brought its suit, and the government can't take it away simply by instituting new remedies that the company must use post-compliant, the opinion said.

“A defendant...
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