AMSTED RAIL CO. v. UNITED STATES INT'L TRADE COMM.

Slip Op. 22-124 Court No. 22-00307.

600 F.Supp.3d 1308 (2022)

AMSTED RAIL COMPANY, INC., ASF-K de Mexico S. de R.L. de C.V., Strato, Inc., Wabtec Corp. and TTX Company, Plaintiffs, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, and Acting Secretary Katherine M. Hiner, in her official capacity, Defendants, and Coalition of Freight Rail Coupler Producers, Defendant-Intervenor.

United States Court of International Trade.

November 15, 2022.


Attorney(s) appearing for the Case

Brian B. Perryman , Faegre Drinker Biddle & Reath, LLP, of Washington, D.C., argued for Plaintiffs Amsted Rail Company, Inc. and ASF-K de Mexico S. de R.L. de C.V. With him on the briefs were Richard Ferrin , Douglas J. Heffner and Carolyn Bethea Connolly .

Ryan M. Proctor , Jones Day, of Washington, D.C., argued for Plaintiff Wabtec Corp. With him on the joint briefs was David M. Morrell .

Ned H. Marshak , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, N.Y., argued for Plaintiff Strato, Inc. With him on the joint briefs was Andrew T. Schutz .

James M. Smith , Covington & Burling LLP, of Washington, D.C., argued for Plaintiff TTX Company. With him on the joint briefs were Shara L. Aranoff and Sooan (Vivian) Choi .

Andrea C. Casson , Assistant General Counsel for Litigation and Jane C. Dempsey , Attorney-Advisor, Office of the General Counsel, U.S. International Trade Commission, of Washington, D.C., argued for Defendants U.S. International Trade Commission and Acting Secretary Katherine M. Hiner, in her official capacity. With them on the briefs were David A.J. Goldfine and Brian R. Allen .


OPINION AND ORDER

At the heart of this case are sensitive and time-honored questions of federal jurisdiction and agency power, protection of confidential information, and professional responsibility. Plaintiffs Amsted Rail Company, Inc., ASF-K de Mexico S. de R.L. de C.V., Strato, Inc., Wabtec Corp...

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