Corporate attorney “Comparable in scale to asbestos compensation lawsuits”
On April 2, 2025 (local time), U.S. President Donald Trump announces reciprocal tariffs by country. AFP Yonhap News
A report says that at least 1,800 companies have so far filed lawsuits against the Donald Trump administration to obtain refunds of tariffs that the U.S. Supreme Court ruled unlawful.
On the 25th (local time), The Wall Street Journal (WSJ) reported, based on its own analysis, that this is the case and that the number of companies joining the litigation continues to grow. Major retailers and manufacturers such as warehouse club Costco Wholesale, tire maker Goodyear, and bookstore chain Barnes & Noble had filed suits earlier, and after the ruling, global courier FedEx also joined the refund lawsuits.
Matthew Seligman, an attorney representing companies that filed refund suits, said of the litigation, “It will be a legal dispute comparable in scale to the thousands of asbestos compensation lawsuits that stretched on for decades,” adding, “The difference is that the tariff suits are erupting all at once.”
According to court filings by U.S. Customs and Border Protection (CBP), as of December 10 last year, at least 301,000 importers had been subject to duties that lost effect under the Supreme Court ruling. However, it is believed that this figure includes some individuals who made overseas direct purchases. Previously, economists at the University of Pennsylvania ‘Penn-Wharton Budget Model’ (PWBW) estimated that companies’ tariff refund claims could reach $175 billion (approximately 250 trillion won).
The U.S. Court of International Trade (CIT) in New York City is handling the refund suits. The CIT halted all related proceedings while the Supreme Court case was pending. The WSJ reported that, although the CIT has expertise on the matter, there is no precedent for a case involving so many potential litigants or such enormous sums at stake.
Following the Supreme Court ruling, the Trump administration has taken an ambiguous stance on how refunds will be handled. In lower-court proceedings before the Supreme Court appeal, government attorneys assured that, if the unlawful ruling were affirmed by the Supreme Court, “refunds would be paid, including interest.” However, President Trump said at a recent press conference that the Supreme Court did not address whether refunds would be paid and declared, “We are going to be in court for the next five years.”
U.S. Treasury Secretary Scott Besant said on Fox News on the 22nd, “The Supreme Court did not address the refund issue and left the judgment to the lower courts,” adding, “We will follow the court’s decision, but it could take weeks or months for a decision to come out.”
The WSJ reported that legal experts say the tariff refund process could be completed in as little as one to two years, but could also take much longer. It was also reported that some large law firms have formed dedicated teams for tariff refunds to gain an early foothold in the market.