By: Jim Rosenberg Having failed to persuade a federal court judge to reverse the verdict or retry the case in the first antidumping lawsuit to reach a jury, Japanese press maker Tokyo Kikai Seisakusho Ltd. and its U.S. subsidiary have notified U.S. District Court in Cedar Rapids, Iowa, that they are appealing to the U.S. Court of Appeal for the Eighth Circuit.
In its notice to the court, TKS stated that it is appealing at least nine of the judge's orders in the lawsuit brought in 2000 by Goss International Corp. under the seldom-invoked Anti-dumping Act of 1916. In accordance with provisions of that act, the judge tripled the jury's damages award, entering a judgement of almost $32 million in favor of Goss.
The challenged orders range from denial of pretrial defense motions for dismissal and summary judgement, to orders concerning the statute of limitations, profit erosion claims and expert witnesses, to last December's judgement, the subsequent denial of post-trial motions, and the granting of Goss' amended petition for fees and costs.
On the last matter, the court very recently issued a 22-page ruling that grants in part Goss' amended petition. The court awarded almost $3.5 million in attorneys' fees and expenses and approved various costs totaling over $681,000.
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