In the wake of the U.S. Supreme Court’s recent decision questioning the legality of tariffs imposed under the International Emergency Economic Powers Act (IEEPA), a surge of litigation has emerged as importers seek refunds for duties paid. Prominent law firms, including Crowell & Moring, Polsinelli, Hogan Lovells, Holland & Knight, and Pillsbury Winthrop Shaw Pittman, are at the forefront of this legal battle, representing clients aiming to recover substantial sums.
The Supreme Court’s ruling on February 20, 2026, determined that the president lacked authority under IEEPA to impose certain tariffs, rendering the collection of these duties unlawful. However, the Court did not mandate the government to refund the collected tariffs, leaving the resolution to the U.S. Court of International Trade (CIT). This ambiguity has prompted numerous importers to file protective lawsuits in the CIT to preserve their rights to potential refunds. ([hklaw.com](https://www.hklaw.com/en/news/intheheadlines/2026/02/supreme-court-punts-tariff-refund-decision-on-obscure-trade-court?utm_source=openai))
Holland & Knight has been actively advising clients on the necessity of filing such lawsuits to safeguard their refund claims. The firm emphasizes that, given the procedural uncertainties and the potential for entries to liquidate, importers should consider legal action to prevent forfeiting their rights. ([hklaw.com](https://www.hklaw.com/en/insights/publications/2025/12/wave-of-new-cit-lawsuits-filed-to-preserve-rights-to-ieepa?utm_source=openai))
Similarly, Lewis Brisbois highlights the importance of timely legal action, noting that companies are lining up with lawsuits to secure refunds. The firm underscores that the current legal landscape requires proactive measures to ensure that importers can recover duties paid under the now-questioned tariffs. ([lewisbrisbois.com](https://lewisbrisbois.com/insights/clientalerts/companies-line-up-with-lawsuits-for-tariff-refunds?utm_source=openai))
As the CIT begins to address these cases, the involvement of major law firms underscores the high stakes for importers and the complexities of navigating the evolving trade law environment. The outcomes of these lawsuits will not only impact the financial standing of numerous companies but also set precedents for the interpretation and application of presidential authority under IEEPA.