GDLSK Alert: Gender Litigation for certain Footwear and Apparel Products

In 2007, litigation was initiated in the Court of International Trade (CIT) alleging that gender and age tariff rate disparities on identical or substantially similar products were discriminatory and unconstitutional.

Cases were filed on behalf of numerous importers raising identical claims and a few test cases were selected (e.g.Totes-Isotoner Corp. v. United States, 569 F. Supp. 2d 1315 (2008) (“Totes”)) and the rest of the cases were stayed pending the outcome of these cases . Unfortunately, the test cases were unsuccessful in the US Court of International Trade (CIT), and the U.S. Court of Appeals to the Federal Circuit. The U.S. Supreme Court declined to hear the last of these appeals in May 2014.

Accordingly, on May 30, 2014, the CIT ordered that, unless a motion was filed requesting otherwise (and a new case brought), the Clerk would dismiss all of the stayed cases relating to the gender and age issue at the end of June. No new case was filed and on July 1, 2014, all of the remaining gender and age discrimination cases were dismissed.

If you have any questions please feel free to contact Alan R. Klestadt, Robert B. Silverman, or Frances P. Hadfield at 212-557-4000.