US government files motion to dismiss Huawei lawsuit.

field of texas bluebonnet

Photo by nagaraju gajula on Pexels.com

Just before Independence Day, the U.S. government filed a motion to dismiss the lawsuit by Huawei that claimed the US had acted illegally when it blacklisted Huawei.

The lawsuit was filed in March in the U.S. District Court for the Eastern District of Texas, saying that a law limited its American business was unconstitutional.

Huawei sued the U.S. government in early March, in a complaint filed in federal court in Texas, saying that a law limiting its American business was unconstitutional.

The basis for the U.S. government motion to dismiss was that Huawei was still on the entity list, and export license requests from U.S. companies seeking to export products to Huawei were being reviewed under national security scrutiny.

FedEx sues Commerce Department.

brown wooden gavel close up photography

Photo by rawpixel.com on Pexels.com

On Monday June 24th, FedEx filed a lawsuit against the the U.S. Department of Commerce to avoid having to follow the BIS entity list restrictions the government imposed back in May against doing business with Huawei.

A FedEx statement said “FedEx is a transportation company, not a law enforcement agency,” and that the EAR violates a shipping company’s rights to due process under the Fifth Amendment because all shipping companies are strictly liable for shipments that violate the Export Administration Regulations; without requiring evidence the shippers had knowledge of any violations.

In short, FedEx claims compliance with the new EAR regulations is impossible because FedEx cannot know the origin and technological make-up of all the contents of the shipments it handles.

Will post updates as soon as they are available.