ONE WORLD TECHNOLOGIES, INC. v. U.S.

Slip Op. 19-33 Court No. 19-00017.

380 F.Supp.3d 1300 (2019)

ONE WORLD TECHNOLOGIES, INC., Plaintiff, v. UNITED STATES, United States Department of Homeland Security, United States Customs and Border Protection, and Acting Commissioner Kevin K. McAleenan, Defendants, The Chamberlain Group, Inc. and United States International Trade Commission, Defendant-Intervenors.

United States Court of International Trade.

Dated: March 11, 2019.


Attorney(s) appearing for the Case

Jason C. White , Michael J. Abernathy , and Nicholas A. Restauri , Morgan, Lewis & Bockius, LLP, of Chicago, IL, for Plaintiff One World Technologies, Inc.

Guy R. Eddon , Amy M. Rubin , International Trade Field Office, U.S. Department of Justice, of New York, N.Y., and Edward F. Kenny , Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, N.Y., for Defendants United States, U.S. Department of Homeland Security, U.S. Customs and Border Protection, and Acting Commissioner Kevin K. McAleenan. Marcella Powell, International Trade Field Office, U.S. Department of Justice, of New York, N.Y., for Defendant United States. With them on the brief was Joseph H. Hunt, Assistant Attorney General. Of counsel was Michael Heydrich, Office of Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection.

Sidney A. Rosenzweig and Carl P. Bretscher , U.S. International Trade Commission, of Washington, D.C., for Defendant-Intervenor U.S. International Trade Commission.

Joseph V. Colaianni, Jr. , Benjamin Elacqua , and John T. Johnson , Fish & Richardson, P.C., of Washington, D.C., Houston, TX, and New York, N.Y., for Defendant-Intervenor The Chamberlain Group, Inc.


OPINION

This case highlights the procedural and jurisdictional hurdles that a party must overcome when it seeks to prevent the Government from stopping the import of its products into the United States. In this case, One World Technologies, Inc. ("Plaintiff" or "One World") seeks declaratory and injunctive relief from...

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