28 U.S.C. § 1585
Powers in law and equity
The Court of International Trade shall possess all the powers in law and equity of, or as conferred by statute upon, a district court of the United States.
Notes of Decisions
Cited in 123
cases (12 in the last 5 years), 1980–2026 · leading case: Sioux Honey Ass'n v. Hartford Fire Ins., 672 F.3d 1041 (Fed. Cir. 2012).
Sioux Honey Ass'n v. Hartford Fire Ins., 672 F.3d 1041 (Fed. Cir. 2012). “, the claims asserted by Plaintiffs against the Surety Defendants), reasoning that 28 U.S.C. § 1585 permitted it to exercise this jurisdiction under 28 U.”
Rhone Poulenc, Inc. v. The United States, 880 F.2d 401 (Fed. Cir. 1989). “” 28 U.S.C. § 1585 (1982). The legislative history contains the statement that the Act “perfects the status” of the court “by providing it with all the necessary remedial powers in law and equity possessed by other federal courts established under Article III of the Constitution.”
Sioux Honey Ass'n v. Hartford Fire Ins., 700 F. Supp. 2d 1330 (Ct. Intl. Trade 2010). “§ 1367 (2006) as made applicable to the Court of International Trade by 28 U.S.C. § 1585 (2006). Pis. Opp’n 62. They argue, in the alternative, that the court may hear these claims under a common law form of supplemental jurisdiction, ie.”
Essar Steel Ltd. v. United States, 678 F.3d 1268 (Fed. Cir. 2012). “1989) ( 28 U.S.C. § 1585 confers upon the Court of International Trade "all the necessary remedial powers in law and equity possessed by other federal courts established under Article III of the Constitution"); Borlem, 913 F.”
Heino v. Dept. Of Vets. Affairs, 683 F.3d 1372 (Fed. Cir. 2012). “§§ 1581-1584 to determine the meaning of a term in 28 U.S.C. § 1585 ). Therefore, the presumption Mr.”
Commodities Exp. Co., a Michigan Corp. v. U.S. Customs Serv., an Agency of the U.S. Gov't, 957 F.2d 223 (6th Cir. 1992). “, 28 U.S.C. § 1585 , yet is highly restricted in the scope of its subject matter authority.”
Canadian Lumber Trade All. v. United States, 441 F. Supp. 2d 1259 (Ct. Intl. Trade 2006). “DISCUSSION The court’s authority to grant relief is defined by 28 U.S.C. §§ 1585 and 2643. Section 2643 states, in relevant part, Except as provided in paragraphs (2), (3), (4), and (5) of this subsection, the Court of International Trade may, in addition to the orders specified…”
Manufacture De MacHines Du Haut-Rhin v. Von Raab, 569 F. Supp. 877 (Ct. Intl. Trade 1983). “§ 1581 (i) or 28 U.S.C. § 1585 (Supp. IV 1980) and if jurisdiction does exist whether or not the elements necessary for a preliminary injunction are present.”
Decca Hosp. Furnishings, LLC v. United States, 427 F. Supp. 2d 1249 (Ct. Intl. Trade 2006). “See generally 28 U.S.C. § 1585 (conferring the Court of International Trade all powers in law and equity).”
Giorgio Foods, Inc. v. United States, 515 F. Supp. 2d 1313 (Ct. Intl. Trade 2007). “Moreover, under 28 U.S.C. § 1585 , the Court of International Trade possesses all the power in law and equity or as conferred by statute on a federal district court.”
Jilin Henghe Pharm. Co. v. United States, 342 F. Supp. 2d 1301 (Ct. Intl. Trade 2004). “§ 702 ; see also 28 U.S.C. § 1585 , 28 U.S.C. § 2643 (c)(1).”
United States v. Great Am. Ins., 738 F.3d 1320 (Fed. Cir. 2013). “§ 1961 (c)(4), that court has awarded postjudgment interest at the rate set out in section 1961, based on the declaration of 28 U.S.C. § 1585 that the Court of International Trade “shall possess all the powers in law and equity of, or as *1326 conferred by statute upon, a…”
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