Trump faces 2,000 tariff lawsuits following Supreme Court loss

Donald Trump has suggested his administration might oppose refunds, or at least not make the process easy for the importers that have paid more than US$170 billion in tariffs. Photo by Heather Diehl/Getty Images

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In the days since the United States Supreme Court declared most of President Donald Trump’s global tariffs illegal, more than 100 companies filed new lawsuits, underscoring widespread concerns that the administration won’t readily refund the billions of dollars it’s already collected.

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Public companies and household names are joining the clamour. FedEx Corp. filed suit on Monday, followed by Dyson Inc., Dollar General Corp., Bausch & Lomb Inc., Brooks Brothers, and Sol de Janeiro USA Inc. Units of cosmetic giant L’Oreal SA and shoe companies On Holding AG and Skechers USA Inc. also filed suit to recoup what they’ve paid on imports.

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The justices were silent on the refund question, leaving questions of payback to the New York-based U.S. Court of International Trade.

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On Friday, the Justice Department is due to weigh in on immediate next steps in the original litigation that went before the Supreme Court, which could indicate how quickly – or slowly – the government is willing to move to resolve the mounting claims.

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Trump has suggested his administration might oppose refunds, or at least not make the process easy for the importers that have paid more than US$170 billion in tariffs in the past 10 months. “I guess it has to get litigated,” he said after the Feb. 20 ruling, speculating it could take years to play out.

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The latest cases have pushed the total number of tariff lawsuits above 2,000, according to a Bloomberg News analysis. It’s already a hefty caseload for the trade court to manage and represents only a small fraction of the hundreds of thousands of importers that paid the tariffs that the justices struck down.

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In a statement, FedEx said it “has taken necessary action to protect the company’s rights as an importer of record to seek duty refunds” following the Supreme Court’s ruling. “If refunds are issued to FedEx, we will issue refunds to the shippers and consumers who originally bore those charges.”

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Representatives for the other companies declined to comment or didn’t respond to requests to comment. Spokespeople for the Justice Department and White House didn’t respond to requests for comment.

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Most of the companies suing have been smaller businesses. While many large public companies were able to shift supply chains, negotiate with vendors and factories, or simply absorb the hit of tariffs, smaller firms don’t always have the same flexibility or clout.

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But the entrance of major, publicly listed companies such as FedEx creates additional momentum for other firms to file suit.

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When executives at smaller businesses see a filing from a big company that has in-house attorneys and Washington connections, they think “maybe they know something I don’t know,” said Jason Kenner, a trade lawyer who represents plaintiffs in refund cases.

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There’s also political safety in numbers, said David Craven, a trade lawyer pursuing refund cases. When large companies like FedEx and Costco get involved, it reduces the “fear of retaliation” from the White House, Craven said.