Extract
U.S. v. Ford Motor Company, (2006)
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal CircuitUNITED STATES,v.FORD MOTOR COMPANY,Defendant-Appellant.David A. Levitt,Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Patricia M. McCarthy, Assistant Director. Of counsel on the brief were Kathleen Bucholtz and Katherine F. Kramarich, Attorneys, Office of Associate Chief Counsel, United States Customs and Border Protection, of Chicago, Illinois.Vincent J. Colatriano, Cooper & Kirk, PLLC, of Washington, DC, argued for defendant-appellant. With him on the brief were Charles J. Cooper, David H. Thompson, Nicole Jo Moss, and Stefan Shibani. Of counsel on the brief were Robert B. Silverman, David M. Murphy, and Frances P. Hadfield, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, New York, New York; and Paulsen K. Vandevert, Ford Motor Company, of Deaborn, Michigan.Appealed from: United States Court of International Trade Senior Judge Nicholas TsoucalasPlaintiff-Appellee,United States Court of Appeals for the Federal CircuitUNITED STATES,v.FORD MOTOR COMPANY,Defendant-Appellant.DECIDED: August 30, 2006Before NEWMAN, RADER, and GAJARSA, Circuit Judges. GAJARSA, Circuit Judge.Ford Motor Company appeals from a decision of the United States Court of International Trade holding Ford liable for grossly negligent misrepresentation of the value of import entries and imposing a penalty of $3,000,000, plus interest. United States v. Ford Motor Co., 387 F. Supp. 2d 1305 (Ct. Int'l Trade 2005) ("Gross Negligence Decision"). Ford timely filed a notice of appeal on September 14, 2005. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(5). For the reasons stated herein, we affirm in part and reverse i...See the full content of this document
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