Video Trax, Inc. v. Nationsbank, N.A., 205 F.3d 1358 (11th Cir. 2000). · Go Syfert
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Video Trax, Inc. v. Nationsbank, N.A., 205 F.3d 1358 (11th Cir. 2000). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case · …customs was free to impose time limits on the filing of hmt refund requests ... and it remains free to alter the regulation to impose a time limit for seeking hmt refunds in the future. ⚠ not in text
cited 2× by 1 distinct case, last quoted 2007 · …holding in miller (and other decisions) was meant merely to prevent a party from asserting residual (subsection ) jurisdiction when jurisdiction under another subsection would be appropriate. ⚠ not in text
cited 2× by 1 distinct case, last quoted 2010 · …immediate refund of hmt on exports based on the payments shown in customs' records, ⚠ not in text
80 citation events (68 in the last 25 years) across 14 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
cited Cited as authority (rule) Hartford Fire Insurance Co. v. United States
Ct. Intl. Trade · 2017 · confidence medium
Cir. 1997), aff'd, 523 U.S. 360 , 118 S.Ct. 1290 , 140 L.Ed.2d 453 (1998); Swisher, Int'l, Inc. v. United States, 205 F.3d 1358, 1369 (Fed.
cited Cited as authority (rule) The Jankovich Co. v. United States
Ct. Intl. Trade · 2015 · confidence medium
In West Travel, Inc. v. United States, the court analyzed this issue and stated: “in Swisher Int[ernationa]l, Inc. v. United States, 205 F.3d 1358, 1365 (Fed.
discussed Cited as authority (rule) Esso Standard Oil Co. (PR) v. United States
Fed. Cir. · 2009 · confidence medium
In support of its “exaction” theory, Esso relies on our decision in Swisher, which held that the denial of a request for refund is a protestable decision and thus can accrue a claim based on the alleged illegality of the exaction of the HMT even if the request, which under the HMT regulation can he filed at any time, is made after the two-year statute of limitations [of 28 U.S.C. § 2636 (i) (1994)] has run on suing [in the Court of International Trade] over the act of payment of the tax. 205 F.3d at 1369 (emphasis added).
cited Cited as authority (rule) Chrysler Corp. v. United States
Ct. Intl. Trade · 2009 · confidence medium
Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1369 (Fed.Cir.2000).
discussed Cited as authority (rule) Esso Standard Oil Co. (PR) v. United States
Ct. Intl. Trade · 2007 · confidence medium
No. 100-647, § 2002 (b), 102 Stat. 3342 (Nov. 10, 1998) (adding HMT exemption for waterborne shipments between U.S. insular possessions retroactive to April 1,1987). 4 After numerous parties took advantage of this and the United States Court of Appeals recognized this right for exporters in Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1360 (Fed.
discussed Cited as authority (rule) Hartford Fire Insurance v. United States
Ct. Intl. Trade · 2007 · signal: cf. · confidence medium
Cf. U.S. Shoe Corp. v. United States, 114 F.3d 1564, 1570 (Fed.Cir.1997), aff'd, 523 U.S. 360 , 118 S.Ct. 1290 , 140 L.Ed.2d 453 (1998) with Swisher Int’l., Inc. v. United States, 205 F.3d 1358, 1369 (Fed.Cir.2000).
discussed Cited as authority (rule) West Travel, Inc. v. United States
Ct. Intl. Trade · 2006 · confidence medium
Although it (and the Supreme Court, see U.S. Shoe Corp. v. United States, 523 U.S. 360, 365-66 (1998)) had permitted constitutional challenges to the HMT statute to go forward under § 1581(i), in Swisher Int'l, Inc. v. United States, 205 F.3d 1358, 1365 (Fed.
cited Cited as authority (rule) West Travel, Inc. v. United States
Ct. Intl. Trade · 2006 · confidence medium
Discussion In Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1364-65 (Fed.
discussed Cited as authority (rule) Nufarm America's, Inc. v. United States (2×)
Ct. Intl. Trade · 2005 · confidence medium
Plaintiff states that Customs’ denial, together with the holdings in Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1364 (Fed.Cir.2000), and Thomson, supports its assertion of jurisdiction under §§ 1581(a) and 1581(i).
discussed Cited as authority (rule) Venture Coal Sales Co. v. United States
Fed. Cl. · 2003 · signal: cf. · confidence medium
Cf. Swisher International, Inc. v. United States, 205 F.3d 1358, 1369 (Fed.Cir.2000), cert. denied, 531 U.S. 1036 , 121 S.Ct. 624 , 148 L.Ed.2d 533 (2000) (holding that a claim accrued upon payment of the unconstitutional Harbor Maintenance Tax for purposes of the Court of International Trade’s two-year limitations period).
cited Cited as authority (rule) Eastman Chemical Co. v. United States
Ct. Intl. Trade · 2003 · confidence medium
In Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1369 (Fed.
cited Cited as authority (rule) M.G. Maher & Co. Ex Rel. Van Zyverden, Inc. v. United States
Ct. Intl. Trade · 2002 · confidence medium
Other parties chose to follow an administrative refund route, a remedy which was not clearly available until recognized in Swisher Int’l., Inc. v. United States, 205 F. 3d 1358, 1369 (Fed.
cited Cited as authority (rule) Hohenberg Bros. v. United States
Fed. Cir. · 2002 · confidence medium
In Swisher International, Inc. v. United States, 205 F.3d 1358, 1364-65 (Fed.Cir.2000), the exporter had initially challenged the HMT through the refund-request-and-protest process.
cited Cited as authority (rule) Hohenberg Bros. Company v. United States
Fed. Cir. · 2002 · confidence medium
Notes: 1 In Swisher International, Inc. v. United States, 205 F.3d 1358, 1364-65 (Fed.Cir. 2000), the exporter had initially challenged the HMT through the refund-request-and-protest process.
examined Cited as authority (rule) Sony Electronics, Inc. v. United States (3×) also: Cited "see"
Ct. Intl. Trade · 2002 · confidence medium
The court has jurisdiction in this Harbor Maintenance Tax refund suit pursuant to 28 U.S.C. § 1581 (a), which is limited to actions “contesting the denial of a protest.” See Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1364 (Fed.
cited Cited as authority (rule) Hohenberg Bros. Co. v. United States
Ct. Intl. Trade · 2000 · confidence medium
In Swisher Int’l., Inc. v. United States, 205 F.3d 1358, 1364-65 (Fed.
discussed Cited "see" In re TD Bank, N.A.
D.S.C. · 2015 · signal: see · confidence high
See Video Trax, Inc. v. NationsBank, N.A., 33 F.Supp.2d 1041, 1049-51 (S.D.Fla.1998) (holding that overdraft fees “arising) from the terms of the deposit agreements” were non-interest charges under 12 C.F.R. § 7.4002 rather than interest under 12 C.F.R. § 7.4001 ), affd per curiam 205 F.3d 1358 (11th Cir. 2000), cert. denied, 531 U.S. 822 , 121 S.Ct. 66 , 148 L.Ed.2d 31 (2000); OCC Interp.
discussed Cited "see" Parkdale International, Ltd. v. United States (2×)
Ct. Intl. Trade · 2007 · signal: see · confidence high
See Swisher, 205 F.3d at 1361 .
cited Cited "see" Parkdale International, Ltd. v. United States
Ct. Intl. Trade · 2007 · signal: see · confidence high
See Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1369 (Fed.Cir.2000).
cited Cited "see" George E. Warren Corp. v. United States
Ct. Intl. Trade · 2002 · signal: see · confidence high
See Swisher International, Inc. v. United States, 205 F.3d 1358, 1364 (Fed.Cir.2000), cert. denied, 531 U.S. 1036 , 121 S.Ct. 624 , 148 L.Ed.2d 533 (2000).
cited Cited "see" Swisher International, Inc. v. United States
Ct. Intl. Trade · 2002 · signal: see · confidence high
See Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1364 (Fed.
cited Cited "see" Swisher International, Inc. v. United States
Ct. Intl. Trade · 2001 · signal: see · confidence high
See Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1364 (Fed.Cir.2000), cert. denied, 531 U.S. 1036 , 121 S.Ct. 624 , 148 L.Ed.2d 533 (2000).
cited Cited "see" Sony Electronics, Inc. v. United States
Ct. Intl. Trade · 2001 · signal: see · confidence high
See Swisher Int’l, Inc. v. United States, 205 F.3d 1358, 1364 (Fed.Cir.2000) (holding that HMT plaintiffs may bring an action under 1581(a)).
cited Cited "see" E.I. DuPont De Nemours & Co. v. United States
Ct. Intl. Trade · 2000 · signal: see · confidence high
See Swisher Int’L, Inc. v. United States, 205 F.3d 1358, 1366 (Fed.Cir.2000) (citing Eurasia Import Co. v. United States, 31 C.C.P.A. 202, 211-12 , 1944 WL 3690 (1944)).
cited Cited "see" Stone Container Corporation, Stone Container International and Stone Container Savannah River Pulp & Paper, Plaintiffs-Cross v. United States
Fed. Cir. · 2000 · signal: see · confidence high
See Swisher Int’l Inc. v. United States, 205 F.3d 1358, 1369 (Fed.Cir.2000).
Retrieving the full opinion text from the archive…
VIDEO TRAX, INC., a Florida Corporation, on Behalf of Itself and All Other Persons and Entities Similarly Situated, Plaintiff-Appellant,
v.
NATIONSBANK, N.A. (SOUTH), a National Banking Association, Defendant-Appellee
99-4007.
Court of Appeals for the Eleventh Circuit.
Mar 14, 2000.
205 F.3d 1358
Scott A. Silver, Miami, FL, for Plaintiff-Appellant., Bradford Swing, Eugene E. Stearns, Stearns, Weaver, Miller, Weissler, Alha-deff & Sitterson, P.A., Miami, FL, for De-fendanL-Appellee.
Tjoflat, Fay, Hancock.
Cited by 7 opinions  |  Published
PER CURIAM:

The facts and procedural history of this case are set out in the district court’s opinion reported at 33 F.Supp.2d 1041 (S.D.Fla.1998). For the reasons stated by the district court, id. at 1047-55 (part III.A. through III.C.), we find that the fees at issue do not constitute “interest” for purposes of the usury provisions of the National Bank Act, 12 U.S.C. §§ 85-86 (1994). Accordingly, the judgment of the court is

AFFIRMED.