United States Federal Circuit

In an action brought by an importer of toasted breads from Spain challenging decisions of the United States Trade Representative regarding the compilation and maintenance of a "retaliation list" of imported products that includes toasted breads, denial of importer's motion to extend the filing deadline for an appeal is reversed and remanded for a determination in the first instance whether the importer made the required showing of excusable neglect or good cause under Fed. R. App. P. 4(a)(5). The earlier filing of a defective notice of appeal did not deprive the trial court of jurisdiction to entertain the motion.

Appellate Information

• Decided 01/04/2008
• Published 01/04/2008

Judges

• BRYSON, Circuit Judge., Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Peter S. Herrick, of Miami, FL, argued for plaintiff-appellant.


• For Appellees:
  
• Maame A.F. Ewusi-Mensah, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and David S. Silverbrand, Attorney.