- Following the Supreme Court’s decision in Learning Resources, Inc. v. Trump, 146 S. Ct. 628 (2026), which held the Trump administration’s imposition of tariffs under the International Emergency Economic Powers Act (IEEPA) unlawful, a number of companies and some of their customers have filed litigation seeking to benefit from potential refunds of IEEPA-based tariffs.
- At the same time, some importers and financial firms have also considered or negotiated contracts involving the sale of the rights to such refund proceeds.
- These developments underscore the potential for ongoing and future litigation and transactions relating to claimed IEEPA tariff refunds.
View other S&C insights relating to the Trump administration’s recent tariffs and trade measures.