CIT Denies Injunction Pending Appeal in Suit Over Attorney Misconduct
The Court of International Trade in a Dec. 20 opinion denied an injunction bid pending appeal from certain plaintiffs in a conflict-of interest suit. After recently rejecting the plaintiffs' motion for a preliminary injunction for lack of subject matter jurisdiction,…
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Judge Gary Katzmann this time rejected the injunction motion pending appeal since the appeal to the Court of Appeals for the Federal Circuit "has not yet been noticed," but even if it had, the injunction "is unwarranted." Katzmann said the plaintiffs fail to both show a "strong showing of success on the merits" and prove that they will suffer irreparable harm without the injunction. The case was brought by Amsted Rail Co. to contest its former counsel's alleged ethical violations via its use of the company's confidential information in an antidumping and countervailing duty injury proceeding.