Legal Opinion

Erwin Hymer Grp. N. Am., Inc. v. United States

Court of Appeals for the Federal Circuit

Decided July 22, 2019No. 2018-1282PublishedCited by 21 opinions

1Opinion of the Court

Reyna, Circuit Judge.

Erwin Hymer Group North America, Inc., appeals the final judgment of the United States Court of International Trade granting the Government's motion for judgment on the agency record. The Court of International Trade's assertion of residual jurisdiction under 28 U.S.C. § 1581 (i) was improper because a civil action for contesting the denial of protests could have been available under 28 U.S.C. § 1581 (a), and the remedy provided under § 1581(a) is not manifestly inadequate. Because the Court of International Trade lacked jurisdiction, we reverse and remand with…

2Cases cited16 opinions

  1. Miller & Co. v. United StatesCourt of Appeals for the Federal Circuit · 1987
  2. Norsk Hydro Canada, Inc. v. United States, and U.S. Magnesium LLCCourt of Appeals for the Federal Circuit · 2006
  3. Fujitsu General America, Inc. (Successor-In-Interest to Teknika Electronics Corp.) v. United StatesCourt of Appeals for the Federal Circuit · 2002
  4. International Custom Products, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2006
  5. Tokyo Kikai Seisakusho, Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 2008

11 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Wanxiang America Corporation v. United StatesCourt of Appeals for the Federal Circuit · 2021
  2. Arp Materials, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2022
  3. Rimco Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2024
  4. Env't One Corp. v. United StatesUnited States Court of International Trade · 2023
  5. Tr International Trading v. United StatesCourt of Appeals for the Federal Circuit · 2021

16 more not listed; retrieve them via the Exa API.

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