Standard Furniture Manufacturing Co. v. United States

U.S. Court of Appeals for the Federal Circuit June 12, 2014

Standard Furniture Manufacturing Co. v. United States, 563 F. App'x 780 (Fed. Cir. 2014)

Opinion

ORDER

NEWMAN, Circuit Judge.

American Furniture Manufacturers Committee for Legal Trade, and the United States and the International Trade Commission, move to summarily affirm the judgment of the United States Court of International Trade’s decision in this case. Standard Furniture Manufacturing Co., Inc. opposes.

Summary affirmance is warranted “when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.” Joshua v. United States, 17 F.3d 378, 380 (Fed.Cir. 1994).

In its response, Standard Furniture does not dispute that this court’s decision in Ashley Furniture Industries, Inc. v. United States, 734 F.3d 1306 (Fed.Cir. 2013) and Ethan Allen Global, Inc. v. United States, 2012-1200, 734 F.3d 1306, controls the outcome of the present appeal.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to summarily affirm is granted.

(2) Each party shall bear its own costs.

(3) Standard Furniture’s unopposed motion to supplement its opposition to the motions for summary affirmance with a copy of the certiorari petition filed in Ashley Furniture is granted.

Reference

Full Case Name: STANDARD FURNITURE MANUFACTURING CO., INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and International Trade Commission, Defendant-Appellee, and American Furniture Manufacturers Committee for Legal Trade, Kincaid Furniture Co., Inc., L. & J.G. Stickley, Inc., Sandberg Furniture Manufacturing Company, Inc., Stanley Furniture Company, Inc., T. Copeland and Sons, Inc., and Vaughan-Bassett Furniture Company, Inc., Defendants-Appellees
Status: Unpublished