Litigation Trends After IEEPA Tariff Refunds: Class Actions Contract Disputes

In Learning Resources, Inc. v. Trump, the U.S. Supreme Court held that IEEPA does not authorize the president to impose tariffs, and CBP is now processing approximately $166 billion in refunds. Only the importer of record can claim those refunds from the government. The parties who actually absorbed the cost are suing for their share. Inna Brady of IB Law Firm examines the wave of consumer class actions that followed, including Reiser v. Federal Express Corp., Stockov v. Costco Wholesale Corp., and Ward v. EssilorLuxottica. She addresses the role of executive statements tying price increases to tariffs, and the difficulty of tracing embedded price hikes. The program also covers commercial disputes lower in the supply chain: who must seek refunds, how 2025 contract amendments affect allocation of refunds, and whether brokerage and clearance fees should be spelled out in the contract. Attendees will leave with a practical framework for assessing client exposure and reviewing supply agreements in a tariff environment that shows no sign of settling.