United States Federal Circuit

A judgment 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 is reversed in part where the due process clause of the Fifth Amendment prevents the imposition of liability on Ford for failure to disclose provisional pricing information when neither the applicable statute nor regulations clearly required it, but otherwise the judgment, including the penalty, is affirmed.

Appellate Information

• Decided 08/30/2006
• Published 08/30/2006

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, RADER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• 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.