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Government In Jurisdictional Pickle Over Reverse-False-Claims Action For Unpaid Customs Duties

Client Alert | 1 min read | 06.20.06

The U.S Court of International Trade (CIT), in U.S. v. Universal Fruits & Vegetables Corp. (May 25, 2006), has dismissed for lack of jurisdiction the government's False Claims Act (FCA) lawsuit alleging that defendants who falsified country-of-origin information to avoid customs duties incurred treble damages and civil penalties by knowingly making false statements to decrease an obligation to pay money to the U.S.  Because the case was at the CIT only because the Ninth Circuit had previously ruled that the forum originally chosen by the government, i.e., the federal district court for the Central District of California, lacked jurisdiction over this customs-related matter, the government now appears to be left without a forum, unless it appeals the CIT's decision to the Federal Circuit, in which case a conflict of circuits could result, with the Supreme Court eventually being asked to determine the jurisdictional fate of the government's potentially lucrative "reverse-false-claims" theory. 

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Client Alert | 4 min read | 12.31.25

Raising the Bar: New York Expands Consumer Protection Law with FAIR Business Practices Act

New York Governor Kathy Hochul has signed into law the most significant update to New York’s consumer protection law in 45 years — the Fostering Affordability and Integrity through Reasonable Business Practices Act, or FAIR Business Practices Act — expanding the scope of the state’s authority to now challenge unfair and abusive business practices. The measure, backed by New York Attorney General (“AG”) Letitia James and signed on December 19, 2025, amends New York’s General Business Law § 349, giving regulators new tools to protect consumers and promote fair marketplace practices....