This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and three Rule 36 judgments. The precedential opinion affirms a judgment of the Court of International Trade, while the nonprecedential opinion affirms a judgment of the Court of Federal Claims. The order is a dismissal. Here are the introductions to the opinions and links to the order and Rule 36 judgments.
Adee Honey Farms v. United States (Precedential)
This appeal originates from three decisions by the United States Court of International Trade denying Plaintiffs’ motions for judgment on the agency record and entering judgment in favor of the United States, the United States Customs and Border Protection (“Customs”), and the Commissioner of Customs (collectively “Appellees” or “Defendants”). Adee Honey Farms v. United States, 582 F. Supp. 3d 1286, 1299 (Ct. Int’l Trade 2022) (“Adee Final Decision”); Hilex Poly Co. v. United States, 581 F. Supp. 3d 1319, 1331 (Ct. Int’l Trade 2022); Am. Drew v. United States, 579 F. Supp. 3d 1372, 1384 (Ct. Int’l Trade 2022). We affirm the Court of International Trade’s judgment for the reasons explained below.
Falzon v. Secretary of Health and Human Services (Nonprecedential)
Petitioner Adrienne Falzon, legal representative and administrator of the estate of Paul Giaccio, appeals a decision from the United States Court of Federal Claims sustaining a special master’s dismissal of her Petition for Compensation pursuant to 42 U.S.C. § 300aa-10 et seq. as time barred. A petition was required to be filed within 24 months of Mr. Giaccio’s death. 42 U.S.C. § 300aa-16(a)(3). Petitioner filed 119 days after the deadline. Petitioner argued equitable tolling should apply for various periods of time, which would render the petition timely. While we sympathize with Petitioner and Petitioner’s counsel, even crediting Petitioner with equitable tolling for the illness of counsel and counsel’s father, we nonetheless agree with the Court of Federal Claims that Petitioner has not established circumstances warranting equitable tolling for the required 119 days to make the petition timely. We affirm.