Legal Opinion

DaimlerChrysler Corp. v. United States

United States Court of International Trade

Decided December 15, 2006No. Court 02-00717Published

1Opinion of the Court

OPINION AND ORDER

RESTANI, Chief Judge:

This matter is before the court following final judgment, appeal therefrom, and a mandate from the United States Court of Appeals for the Federal Circuit affirming the judgment of the court. The matter is res judicata, and no valid basis for reopening the case has been alleged. Accordingly, plaintiff DaimlerChrysler Corp.’s (“Plaintiff”) current motion to amend its summons is denied.

Facts

Plaintiff failed to include in its original summons in this action seven protests encompassing 403 entries, which it undoubtedly intended to include. The court…

2Cases cited9 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. Day v. McDonoughSupreme Court of the United States · 2006
  3. United States v. BrockampSupreme Court of the United States · 1997
  4. United States v. Stone & Downer Co.Supreme Court of the United States · 1927
  5. Daimlerchrysler Corporation v. United StatesCourt of Appeals for the Federal Circuit · 2006

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