Site Search
Google Search
search button
Breaking News: Trump's Former Opponent Ted Cruz Introduces Emergency Bill to Keep Immigrant Families Together      - | -     In February 2017 Trump Administration Discussed Separating Families as Deterrence for Asylum Seekers     - | -     Trump Wants to Create a Military 'Space Force' as Sixth Military Branch     - | -     Kirstjen Nielsen Defends Family Separation Policy     - | -     GOP Congressman Invokes 'The Deep State'
loading
Editorials
Get Alerts

viewsViews 70
Trump Has Supreme Court Victory 15 Jun 2018 06:42 AM EST

The U.S. Supreme Court sided with the Trump administration and against China on Thursday on a disputed aspect of their fraught trade relationship, throwing out a lower court ruling that had allowed two Chinese vitamin C makers to escape $148 million in damages for violating American antitrust law.
In a case that brought the trade conflict between the world’s two largest economies before the top U.S. court, the justices ruled 9-0 tha tthe lower court gave too much deference to Chinese government filings explaining China’s regulatory policy.
The justices sent the case back for reconsideration by the New York-based 2nd U.S. Circuit Court of Appeals, which in 2016 threw out the damages won by two American companies that buy vitamin C.
Writing for the court, Justice Ruth Bader Ginsburg said that while U.S. courts should give “respectful consideration” to a foreign government’s interpretation of its own law, they are not “bound to accord conclusive effect to the foreign government’s statements.”
Lawyers for the U.S. and Chinese governments faced off in April before the justices. The Supreme Court took the unusual step of letting China present arguments even though it is not an official party in the case, a privilege typically reserved for the U.S. Justice Department.
Carter Phillips, China’s lawyer in the case, said the ruling means “we live to fight another day.” When the case returns to the lower court, Phillips said, he would show that what the Chinese companies did was “no more than comply with what was required by Chinese law.”
The price-fixing case dates back to 2005 when Texas-based Animal Science Products Inc and New Jersey-based The Ranis Co Inc accused Hebei Welcome Pharmaceutical, North China Pharmaceutical Group and other Chinese vitamin C makers of antitrust violations.
China asked the trial court to dismiss the allegations in part because its laws had forced Chinese companies to comply with government-mandated pricing regimes.
China and the United States are locked in a simmering trade dispute. President Donald Trump has accused China of unfair trade practices and threatened to impose tariffs on up to $150 billion in Chinese goods over allegations of intellectual property theft. China has warned of retaliation.
A U.S. Justice Department spokeswoman said the administration is “pleased with the decision.”
Michael Gottlieb, a lawyer representing the American companies, said his clients’ fight over the price-fixing allegations will continue.
“The decision will promote free and open markets, while protecting the independence of the U.S. courts,” Gottlieb added.
Jonathan Jacobson, a lawyer for the Chinese companies, expressed disappointment with the ruling but said that “we are confident of prevailing on remand because Chinese law clearly compelled price fixing of vitamin C during the relevant period, as our own (U.S.) government has made clear.”
A U.S. federal judge questioned the credibility of the Chinese submissions in the case and, after a 2013 jury trial, awarded the two American companies $147.8 million in damages.
The 2nd Circuit overturned the judgment in 2016, saying that when a foreign government directly participates in a case American courts are obligated to defer to that country’s characterization of its own laws.

Comments
down_strip
14 June, 2018
Did Summit Really Remove North Korean Nuclear Threat?

According to Reuters, many Americans are dubious over Donald Trump's recent claims.Following their meeting in Singapore, Trump and Kim Jong Un issued a joint statement.They reaffirmed North Korea’s commitment to work toward complete denuclearization of the Korean PeninsulaAnd Trump tweeted that North Korea no longer poses a nuclear threat “Everybody... Read more

down_strip
9 June, 2018
Trump Issues Threats at G-7 Summit - Is This Helpful or Hurtful to US?

By Laura Tucker, Staff writer; Image: Donald Trump (Image source: Public domain)   The country was sold a bill of goods when Donald Trump was elected, that what was needed to fix the economy was a businessman who is known as "The Great Negotiator." But now that he is making choices to fix the economy at the risk of alienating our longstanding... Read more

down_strip
9 June, 2018
Bill Maher's Solution For Bringing Down The Trump Administration

Bill Maher is willing to go to just about any lengths to rid the U.S. of President Donald Trump. According to SFGate, that includes economic collapse. On HBO's "Real Time' Friday, Maher said, “I feel like the bottom has to fall out at some point." "And by the way, I’m hoping for it. So please, bring on the recession!" Maher later tweeted,... Read more

down_strip
9 June, 2018
Anthony Bourdain Spoke Freely About Mental Illness. That Doesn't Mean He Was Cured

Anthony Bourdain once wrote, “In America, the professional kitchen is the last refuge of the misfit." The celebrated chef, author, and TV personality committed suicide Friday at the age of 61. BuzzFeed argues that readers and viewers alike shouldn't be surprised. That's because Bourdain was always open about his struggles with addiction and mental... Read more

down_strip
30 May, 2018
Mexican President and Trump Trade Barbs Over Payment of Wall

By Laura Tucker, Staff writer; Image: Enrique Peña Nieto (Image source: PresidenciaMX 2012-2018)     Donald Trump made the border wall a cornerstone of his 2016 campaign, and since then he's been promising that he was going to make Mexico pay for it, and unsuccessfully at that. Now after trying to finance it back in the states, he's... Read more

down_strip
Prev
1 of 53 pages
FREE
amny-app AllMediaNY AllMediaNY AllMedaiNY
allmediany market place
Most Recent Articles
Darren Aronofsky Discusses His New Series On NatGeo
Darren Aronofsky Discusses His New Series On NatGeo
19 June, 2018

Producer and director Darren Aronofsky is set to release a 10-episode series on NatGeo called “One Strange Rock” which preaches the importance of taking care of the Earth. According...More

Asia Argento Pours Out Emotion On Social Media Following Anthony Bourdain Death
Asia Argento Pours Out Emotion On Social Media Following Anthony Bourdain Death
19 June, 2018

According to a report by Us Weekly, actress Asia Argento continues to share her emotion on social media following the death of her boyfriend Anthony Bourdain. On Monday, just 10 days after Bourdain...More

James Van Der Beek Gets Props From The Rock For His Dad Skills
James Van Der Beek Gets Props From The Rock For His Dad Skills
19 June, 2018

The Rock has inspired the Beek. Over the weekend, James and Kimberly Van Der Beek welcomed their fifth child. Baby girl Gwendolyn was born on Friday at their home — with a doctor and midwife...More