U.S. v. FORD MOTOR CO.

No. 05-1593.

463 F.3d 1286 (2006)

UNITED STATES, Plaintiff-Appellee, v. FORD MOTOR COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 30, 2006.


Attorney(s) appearing for the Case

David A. Levitt, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Patricia M. McCarthy, Assistant Director. Of counsel on the brief were Kathleen Bucholtz and Katherine F. Kramarich, Attorneys, Office of Associate Chief Counsel, United States Customs and Border Protection, of Chicago, Illinois.

Vincent J. Colatriano, Cooper & Kirk, PLLC, of Washington, DC, argued for defendant-appellant. With him on the brief were Charles J. Cooper, David H. Thompson, Nicole Jo Moss, and Stefan Shibani. Of counsel on the brief were Robert B. Silverman, David M. Murphy, and Frances P. Hadfield, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, New York, New York; and Paulsen K. Vandevert, Ford Motor Company, of Deaborn, Michigan.

Before NEWMAN, RADER, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

Ford Motor Company appeals from a decision of the United States Court of International Trade holding Ford liable for grossly negligent misrepresentation of the value of import entries and imposing a penalty of $3,000,000, plus interest. United States v. Ford Motor Co., 387 F.Supp.2d 1305 (Ct. Int'l Trade 2005) ("Gross Negligence Decision"). Ford timely filed a notice of appeal on September...

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