Saturday, July 17, 2010

Litigation Updates: Amended Complaint Filed and Appellate Briefing Schedule Expected Shortly

The ACCG has filed an amended complaint in the pending Baltimore test case relating to the import restrictions on Cypriot and Chinese coins. The amended complaint alleges new 1st Amendment claims relating to the informational content found on ancient coins. It also characterizes the Department of State and Customs as acting beyond the scope of their authority under governing statutes. The amended complaint supersedes the original complaint, rendering Defendants' motion to dismiss as moot. Defendants are expected to file another motion to dismiss the case based on the claim that the State Department's actions are unreviewable.

In the meantime, State has rejected mediation in the pending FOIA appeal and the DC Circuit Court of Appeals is expected to issue a briefing schedule shortly.

No comments: