This morning the Federal Circuit a precedential opinion in a trade case, three nonprecedential opinions in pro se cases, and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
Meyer Corp. v. United States (Precedential)
This case returns to us on appeal following a remand in Meyer Corp., U.S. v. United States, 43 F.4th 1325 (Fed. Cir. 2022). In that case, we held that the United States Court of International Trade had misinterpreted our precedent by imposing requirements beyond what the statute and regulations demand when determining that Meyer Corporation, U.S. was not entitled to rely on a “first-sale” price for the dutiable value of its imported cookware. On remand, the trial court again held that Meyer was not entitled to rely on its first-sale price, finding that Meyer’s failure to produce financial documents for its parent holding company was dispositive of the issue. Because the trial court improperly applied an evidentiary presumption against Meyer and failed to address record evidence, we once again vacate and remand for the trial court to reconsider whether Meyer may rely on its first-sale price.
Chavez v. United States (Nonprecedential)
Antonio Chavez appeals the dismissal of his action for lack of jurisdiction pursuant to 28 U.S.C. § 1500, which precludes the U.S. Court of Federal Claims (the “Claims Court”) from exercising subject matter jurisdiction over “any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States.” 28 U.S.C. § 1500; see Chavez v. United States, No. 23-1215, 2023 WL 6458956 (Fed. Cl. Oct. 4, 2023). Because § 1500 prohibits the Claims Court from having jurisdiction over this action, we affirm.
Robinson v. McDonough (Nonprecedential)
Tameria Robinson appeals the U.S. Court of Appeals for Veterans Claims (Veterans Court) order denying her petition under the All Writs Act for a writ of mandamus. Robinson v. McDonough, No. 23-2827, 2023 WL 5621850 (Vet. App. Aug. 31, 2023) (Order). Ms. Robinson sought a writ of mandamus to reopen her previously denied claims, arguing that the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act) automatically reopens denied claims that are subsequently established as presumptively service connected. For the following reasons, we affirm.
Owens v. United States (Nonprecedential)
Alonzo Spencer Owens appeals pro se the United States Court of Federal Claims’ order dismissing his complaint for lack of subject matter jurisdiction. We affirm.