What can my business hope to gain from a lawsuit?

Gerstein Harrow LLP will work to get your business a refund of tariffs you paid through a lawsuit. We believe most recently enacted tariffs, which were enacted under a law called IEEPA, are unlawful. If we are right, you will receive a refund on those unlawful tariffs you have been paying.

Can my company seek refunds for both past IEEPA tariff payments and future duties that may accrue while litigation is pending?

Yes. We will seek refunds on all IEEPA tariffs you paid, even for shipments that occur months after we file your lawsuit. We will also seek a court order so that you are not subject to those unlawful tariffs in the future.

Why should my company sue?

Your business should not be paying expensive tariffs that are unlawful. We believe a lawsuit is the smartest and quickest way to get your money back.

Why do you think these tariffs are unlawful?

The Constitution gives Congress, not the President, the power to pass tariffs. Although Congress may delegate certain powers to the President, the administration relied on a statute, the International Emergency Economic Powers Act (“IEEPA”), 50 U.S.C. § 1701 et seq.,  that does not authorize the President to impose tariffs. There are two reasons for that. First, IEEPA does not give the President the power to levy tariffs—it is instead focused on other measures, like sanctions. But even if IEEPA did give the President that power, the statute only applies where there is an “unusual and extraordinary threat,” and a trade deficit, which is the rationale the administration used, does not constitute such an emergency.

Litigation can be expensive. How much will this cost my company?

Gerstein Harrow does not require your business to pay any upfront fee or retainer and will not charge your company any hourly rate. You will pay only if you win. If you win, our standard arrangement is to be compensated with 1/3 of your refund.

Fighting in courts can be a headache. How much work will this create for my business?

You are focused on running a company and this lawsuit should not distract from that. We anticipate this lawsuit will be low effort on your part and not require lengthy hearings, depositions, or factual discovery that occupies you or your employees’ time.

How long will this lawsuit take?

Although it is impossible to predict with certainty, we believe that this action will be resolved quicker than most federal court actions because we do not expect lengthy factual discovery, which tends to be the longest and most annoying part of a case for businesses.

What types of records should I produce?

We ask for a record of all tariffs you paid since April 2025.  Your Customs Form 7501 should have that information, but feel free to submit something else if you do not have that form.

What happens if I lose my lawsuit?

If you lose your lawsuit, you do not pay us anything and you do not get a refund on the tariffs you have already paid. That leaves you where you are now.

Why Gerstein Harrow?

We are a nimble litigation boutique with proven experience in high-stakes litigation in federal courts. In addition, our contingency model (you pay only if you win) reduces your business risk.

I have more questions. Who can I speak with?

Please email tariffs@gerstein-harrow.com or call (323) 744-5293 and we will set up a time to chat.